HomeMy WebLinkAbout01-16-07 Minutes
MINUTES
OCOEE CITY COMMISSION
January 16,2007, 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. Paul Maddox, Deacon of Starke Lake Baptist Church, gave the Invocation and
Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called
roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson.
Also Present: Acting City Manager Croteau, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation - Firefighter of the Quarter Award (4th Quarter of 2006) - Firefighter James
Kelley. (Fire Chief Firstner)
Presentation - Firefighter of the Year Award for 2006 - Battalion Chief George Ledford
and Battalion Chief Amy Fulmer. (Fire Chief Firstner)
Firefighter awards postponed to a future agenda
Presentation - North West Orange County Airport Authority - Guy Haggard and Bob
Loomis.
Guy Haggard, Chairman of the West Orange Airport Authority, 301 East Pine Street, Suite
1400, and Bob Loomis, whose family owned one of the airports that is being donated to them.
He gave a summary of the West Orange Airport Authority, which was formed in 1999, noting
that Commissioner Anderson is on the Board representing Ocoee. He said their mission is to
construct, operate, maintain public use general aviation airports in Orange County, to bring
Federal and State money, and to promote the airports as transportation nodes and economic
engines for the local community. There are two private airports in North Orange County which
are being donated, and the Authority's intent is to at convert them from private to public use for
the entire community, similar to Orlando Executive or Kissimmee Airports. The two airports are
both North of Lake Apopka: 1) the old Orlando Country Airport (now called Orlando Apopka)
which borders 441, and 2) and the other is in close proximity just west of there, facing EastlWest
which is currently called Orlando North Airport. There are signed memorandums of
understanding with the owners, granting easements back to the owner to give them access, and a
reverter clause that the property will revert back to the owners if it is no longer going to be
maintained as a public use as an airport. Their goal is to be self sufficient within two years. Mr.
Haggard described the need for the new airports, the support from state legislators and local civic
organizations, the advantages of having a local general aviation airport, security issues, planned
upgrades to the facility, and the cost savings in comparison to the 50 million dollar expense to
build a new airport from the ground up. He said Dean Cannon, incoming Speaker of the House,
is a pilot and a partner in his law practice and will provide legislative support. Rep. Brian
Nelson from Apopka has also promised to help with funding at the State level. He said it is a
City Commission Regular
January 16,2007
win/win for developers because adjoining properties will increase in value, and local community
which will get a public use airport, economic engines, emergency services, portal parks, and air
transportation access. He discussed the seed budget, required to get both airports operational,
which is $634,920. He advised that he would like to receive cooperation to fund the budget as
follows: West Orange Airport Authority $117,600 (18.5), Orange County $155,196 (24.4%),
$40,000 (6.3%) each from the City of Apopka, the City ofOcoee, and the City of Winter Garden,
and State of Florida & FAA $242,124 (38.2%).
Mr. Haggard advised that Airport Authority is entitled to a seat on the Metro Orlando Planning
Board, and that seat will be given to Ocoee and Winter Garden to alternate. Mayor Vandergrift
clarified that a membership to the Metro Orlando Planning Board would cost the City $30,000.
Commissioner Anderson noted that the two airports could combine to become one large airport
in the future. Mr. Haggard said they have no intent of creating a large airport.
Commissioner Johnson said he thinks if the City helps to pay for the airport, they should share
in the tax base around the airport. He thinks the airport is needed in the County, but feels Apopka
will be the City that benefits the most from this.
Commissioner Vandergrift asked about creating a TIF or CRA Taxing Authority that puts the
real estate taxes right back to them, and money leftover would be split among the cities. Mr.
Haggard said he would definitely look into that because that will benefit them and give them
more authority.
Commissioner Johnson noted that Apopka will probably annex the second airport into their
City, and both will then be in Apopka.
Commissioner Anderson asked when the funding is due, and Mr. Haggard advised they need
to start getting funding as soon as they take donation airports, so that would be within the next
month. He said payments could be spread out over the year, if desired.
Commissioner Hood agreed that Apopka will reap more benefits than Winter Garden or Ocoee,
and feels there should be a Tri-City agreement to share in some of the tax base. He questioned
the benefit of the seat on the Metro Orlando Planning Board.
Commissioner Anderson said that can be addressed at the next meeting Airport Authority
Meeting and Mr. Haggard said he has no problem addressing that issue.
Mayor Vandergrift said Apopka will get some benefit beyond Ocoee and Winter Garden, but
he feels all of West Orange will benefit from this.
Mayor Vanden::Jrift. seconded by Commissioner Anderson. made a motion to
approve the Qrant of $40.000 to the OranQe County Airport Authority toward the
conversion of two airports from private to public use Qeneral aviation airports.
with the condition all cities (Winter Garden. Apopka. and Ocoee) participate and
that a cooperative aQreement is formed between all parties statinQ that OranQe
County and Apopka will create a CRA. or some type of taxinQ authority. that
would allow them to collect real estate taxes from the City and County and be
placed into the Qeneral fund of the Airport Authority. to be used if more money is
needed to fund the proiect.
City Attorney Rosenthal asked for clarification that the agreement on the CRA or tax base
sharing is conditioned upon the release of the $40,000, because they won't get an answer to that
in the time frame that the money is needed. Mayor Vandergrift said that it is a condition of his
motion that all cities (Ocoee, Apopka, and Winter Garden) sign onto it and that Orlando and
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City Commission Regular
January 16,2007
Apopka agree with the concept of creating a Taxing Authority, and the motion was rephrased to
reflect that condition.
Commissioner Hood asked if we had seen their budget. Assistant City Manager Croteau said
she does not believe it has been done, but felt it was important that we do that.
Vote was taken on the motion. Motion carried 4-1. with Commissioner Hood
opposed.
Assistant City Manager Croteau asked if this money should be taken from the Contingency
Fund. Mayor Vandergrift said that the City Manager can review it and advise where the money
should come from.
Boy Scout Troop 766- Assistant Scout Master of Boy Scout Troop 766 introduced some of the
scouts and said they are working on the citizenship and community merit badge. They met with
the Mayor before the meeting and interviewed him.
Black History Committee of Orange County - Vemard Batson said they are preparing for their
5th Annual Banquet and would like the City of Ocoee to support them.
Commissioner Johnson said he would like to have them go through our Human Relations
Diversity Board before he agrees to fund their event. Assistant City Manager Croteau said
that he should contact Joy Wright next year and go through the community grant awards.
Commissioner Anderson. seconded by Commissioner Keller moved to purchase
a Silver Membership for $1.000. which includes six seats at the banauet and
advertisina in their brochure. Motion carried 4-1. with Commissioner Johnson
opposed.
Ocoee High School Drama Club
Members of the Ocoee High School Drama Club gave a history of what they have done, how
they have raised funds so that they can perform plays, and how they have had trouble raising
enough money to cover the costs of their productions. Two students performed for the
Commission and Public.
Commissioner Anderson. seconded by Mayor Vanderarift moved to arant $500 to
the Ocoee Hiah School Drama Club. to be taken from the Commission
Continaency fund. Motion carried 5-0.
I C. COMMENTS FROM CITIZENS/PUBLIC- none
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood-none
Commissioner Anderson-none
Commissioner Johnson-none
Commissioner Keller 1) congratulated the HRDB for an excellent parade yesterday. 2) said the
next School Board meeting is January 23,2007, which will be the Public Hearing for the Apopka
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January 16,2007
Relief School, we are still trying to get them to move the boundary to keep students in Ocoee, 3)
informed everyone about Nights for Nurses on March 31,2007, at 7:00 pm, with entertainment
from Disney and Cirque Du Soleil, Admission is $5.00
E. CONSENT AGENDA
Approved on Consent. Motion carried 5-0
Under Amendment to Annexation and Developer Agreement Ocoee Commons LLC, a sixteen inch
wastewater force main and sixteen inch reuse main were installed through the Ocoee Commons PUD development as
part of the City's CIP program to relocate and upsize the force main on SR 50 and the continued expansion of the
reuse system. The project and the Agreement were approved by the City Commission on October 19,2004. The
pipelines were installed over the following twelve to fifteen months. As part of the construction process, staffreview
of the project shop drawings determined that the plug valves on the wastewater force main were not full port opening
valves. The industry standard is a 80% opening through the valve. The increased cost to provide full port opening
plug valves was $9,790.50 for three 16-inch and three 6-inch plug valves. Knowing the importance of this pipeline,
staff felt the change was justified and required the change during the shop drawing review and material purchase
phases of the construction. The developer provided a verbal quote on the cost increase but was not very diligent in
delivering the documentation to the City staff to process the change order. The project has been completed and
facilities are in operation at this time.
Approved on Consent. Motion carried 5-0
Young's Communications Co., Inc., is presently installing the water mains and service taps for reclaimed water
service in the Silver Glen Subdivision using directional boring techniques. During the course of the project, it was
discovered that additional service connections could be supplied to a portion of Center St. within the Silver Glen
Subdivision but not originally included in the project using the directional boring method of construction. This
method allows the contractor to circumvent two large trees and stay within the narrow right of way on this portion of
Center St. in order to extend service to this portion of the Silver Glen Subdivision. The proposed increase in project
scope will extend the 8-inch service main by 370 feet, provide reclaimed water service to five homes not included in
the original project, and facilitate future expansion of the reclaimed water system into the residential area west of the
Silver Glen community. The amount of the change order is an increase of $20,769.85, a cost based on the contract
unit prices and City-measured quantities, with no adjustment in contract time. The total contract price will increase to
$808,406.90. The Engineering Department recommends that the City Commission approve Change Order No.1 for
the additional work and increase the construction contract by $20,769.85, with no adjustment in contract time.
Approved on Consent. Motion carried 5-0
The Utilities Department's approved fiscal year budget included the capital purchase of a small trackhoe excavator.
The trackhoe has an increased load capacity, longer reach, and the ability to dig deeper and faster while working in
tight and unstable confines. The obtained trackhoe will increase Utilities construction crews' capabilities such as the
construction of water main with ductile iron pipe up to pipe diameters of 10". Staff is recommending the purchase of
a Caterpillar 304c CR Mini Hydraulic Excavator with increased options of: an extended boom, upgraded horse power
(304c to 305c), air-conditioning, additional 12" and 24" trench buckets, extended warranty, and lifting grapple with
pins. The purchase is based on the City piggybacking Pinellas County's contract and awarding the Caterpillar 304c
mini trackhoe excavator to Ring Power Corporation & ITS Division. The 304c base price is $44,994.86 with an
additional option totaling $18,588.00 for a total amount of$63,583.86.
Approved on Consent. Motion carried 5-0
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January 16,2007
5. Award of RFQ#0702 Financial and Accounting Services for Utilities Revenue and
Expenditure Sufficiency Study. (Purchasing Agent Tolbert)
Staff recommends that the City Commission award the Contract for RFQ #0702 to Public Resources Management
Group, Inc., and authorize Staff to proceed with contract negotiations with PRMG. The selected firm will assist the
City of Ocoee in reviewing the City's Utilities Department current and future revenues and expenditures for
sufficiency. A key task of the Firm's work shall be the development of a financial model capable of being revised
based on ongoing expenditures and revenues by City staff and annually updated by the Firm.
Approved on Consent. Motion carried 5-0
6. Approval of Purchase of Heavy Truck Lift from Fournier Equipment, LLC as a "Best
Source" in the Amount of $29,425.00. (Public Works Director Krug)
Fleet Staff has requested a heavy truck lift in the FY 06/07 Budget. This lift will facilitate fleet staff being able to
work on the City's heavy equipment such as vactor trucks, backhoes, Kaiser's as well as the entire fleet of Solid
Waste vehicles. This piece of equipment can handle up to 50,000 pounds and has adjustable ramp widths to facilitate
the variations in wheel base on the heavy equipment. This is a necessary addition to the two lifts purchased last year,
a 10,000 pound two post lift and a 12,000 pound drive-on lift. Fleet staff have researched several types of heavy
truck lifts and received a total of four quotes. Fournier Equipment, LLC was by far the most cost effective choice for
heavy truck lifts. Staff is recommending that we purchase this lift in the amount of $29,425.00, from Fournier
Equipment, LLC, where we purchased the other two lifts as they are local and have all ready proven extremely
responsive to customer service issues. The Budgeted cost in FY 06/07 for the Heavy Truck Lift was $30,000 in the
Fleet Divisions Capital Equipment line item 001-541-40-6400. A cost proposal has been submitted in the amount of
$29,425.00 which is within budget.
Approved on Consent. Motion carried 5-0
7. Approval for Purchase of Portamix Model 202 (2 Cubic Yard) Towed Agitating
Concrete Transport for $23,566.00. (Public Works Director Krug)
The Commission approved in the 06/07 budget for Public Works to acquire a portable concrete mixer. This is a
specialty item that not only allows Public Works to mix concrete on site in production quantities, it also more
importantly can be used as a towed concrete hauler for picking up mixed concrete from the batch plant and haul it to
our repair projects. The City of Pin ell as Park purchased the same model and have said that 90% of the time they use
theirs as a transport and are very happy with the machine. Their machine has had no down time issues since they
purchased it in 2001. We have searched for similar machines to use as a comparison, but have been unable to find
anything remotely similar that can be towed behind one of our trucks. There is not a current bid we can piggy-back
onto and Portamix is the only small (2 cubic yard) towed agitating concrete transport found to fit Public Works needs.
Most concrete transporters are truck mounted and designed to haul concrete short distances on a construction site
from a portable batch plant to a concrete paving machine - as used for road and runway construction.
Approved on Consent. Motion carried 5-0
8. Approval to Issue a Purchase Order to Chinch or Electric, Inc., for the Construction of
the Mast Arm Traffic Signal at the Maguire Road and Wesmere Parkway Intersection
in the Amount of $167,440.61. (Public Works Director Krug)
The Commission approved the final subdivision plan for the Villages ofWesmere Townhomes at the March 7,2006,
meeting, Item G-14. Included in the approval was the design and construction of a mast arm traffic signal at Maguire
Road and Wesmere Parkway. The developer agreed to pay cash for 20% of the direct impact and the remaining 80%
out of his road impact fees. The City has utilized an existing Seminole County Pushbutton Contract to estimate the
initial signal construction with Chinchor Electric, Inc., for $145,000.00. This amount was approved and awarded at
the May 2, 2006, Commission meeting, Item E-9. These funds were carried forward for the 2006-07 fiscal year.
Final signed and sealed construction plans have been completed and pricing finalized at $167,440.61 for the mast arm
signal construction. Public Works is requesting the Commission approve the mast arm signal construction with
Chinchor Electric, Inc., in the amount of $167,440.61. The additional $22,440.61 required is available from the SR
50 & Maguire Intersection Improvements project. Both projects are funded from the Road Impact Fund.
Approved on Consent. Motion carried 5-0
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January 16,2007
9. Approval for Purchase of a Brake Lathe and Accessories for Fleet Operation. (Public
Works Director Krug)
The City's Fleet Maintenance Division currently contracts most of its brake work out and is requesting City
Commission approve the purchase of a Brake Lathe which would enable staff to complete many of these services in-
house. Funds were budgeted this Fiscal Year in the amount of $6,500.00 for the purchase of a brake lathe. Staff
recommends purchase of the brake lathe in the amount of $6,750.00. This is $250.00 over the budgeted amount and
is due to the addition of a platinum adaptor kit which will allow us to work on all autos, light trucks and heavy trucks
up to 550's. It also comes with 2 speeds for a faster cut. Staffrecommends this purchase by utilizing cost savings
that will be realized with the purchase of the Freon Recovery and Recycle Machine which is budgeted in FY 06-07 at
$4,500.00 and will be purchased for $2,975.00, equating to a cost savings of $1,525.00. Staff respectfully
recommends that the City Commission approve the purchase of a brake lathe and accessories from Fournier
Equipment, LLC for an estimated amount of$6,750.00.
Approved on Consent. Motion carried 5-0
10. Approval to Award Pioneer Key II Mobile Home Park Infrastructure Improvements
Design Project to Professional Engineering Consultants, Inc., Under the Continuing
Services Contract No. 0404 in the Amount of $185,000.00. (Public Works Director
Krug)
Pioneer Key II Mobile Home Park (pK II) infrastructure improvements are being funded by the Orange County
Department of Housing and Community Development's Community Development Block Grant (CDBG) program.
The City had applied for a $1,000,000.00 CDBG grant for improvements to PK II and was awarded $1.5M. The
County also requested that the City have the project designed and under construction by the end of the fiscal year. In
order to meet the County's schedule requirements, the City had planned on awarding the design work to Professional
Engineering Consultant's, Inc. (PEC). PEC is the Engineer of Record for the Pioneer Key Regional Stormwater Pond
being funded by FDEP, and it is in the best interest of the City to have PEC also complete the PK II work as they hold
the corporate history of the project and could facilitate the schedule requirements. When Orange County awarded the
City the $1. 5M grant, the construction limit was pushed over the threshold for awarding a continuing service design
contract under the Florida State Statutes pertaining to the Consultant's Competitive Negotiation Act (CCNA). The
purpose of this act is to ensure fair distribution of design work under continuing contracts. In this situation that was
thrust upon the City by the County, the City Attorney's have determined that awarding the design work to PEC will
not violate the CCNA due to PEC's involvement in previous phases of this project, the specific nature of work being
continued and the time constraints to complete the assigned tasks.
Approved on Consent. Motion carried 5-0
11. Approval to Consolidate all Custodial Functions to the Facilities Division of the Public
Works Department. (Public Works Director Krug)
In order to streamline the cleaning and maintenance of City facilities, Public Works desires to consolidate all
custodial functions to the Facilities Division. The Parks and Recreation Department currently has two part-time
custodial positions that we desire to consolidate with the Facilities Custodial Team in order to better utilize staff and
provide increased services. The consolidation has been taking place on a trial basis for 30 days and has been
successful at meeting these goals and improving the cleanliness of City facilities. Public Works is requesting that the
two part-time positions in the Parks and Recreation Department be transferred to the Facilities Division along with the
subsequent salary funds in the amount of $29,925.00 to finish out the fiscal year effective this current pay period.
Salary amount - $26,870.00, FICA amount - $2,055.00.
Approved on Consent. Motion carried 5-0
Discussion on Consent Agenda Items
Item #5 Commissioner Anderson asked, regarding hiring a consultant to do an evaluation of
our enterprise fund, is this where we are going to do a study to see if we need to raise the utility
fees. Assistant City Manager Croteau said this is a standard study that should be done
periodically and it will include projections and shortfalls. Utilities Director Smith said that the
consultant will create a financial model that can be created every year so that they can bring an
annual report of the status on revenue and expenses; if adjustments are needed it would be
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City Commission Regular
January 16,2007
brought before the Commission regarding levels of service that the Commission can agree on.
Mayor Vandergrift said that we will be going out of the utilities business unless we negotiate
with Orange County; we need to make that part of the study.
Item #10 Commissioner Johnson said that Pioneer Key has needed this for a long time, and this
project will get things started because we are way behind in the condition of the roads there.
Commissioner Anderson said that Commissioner Johnson is to be commended to his
involvement in getting the CDGB grant money to get this project done.
Item #9 Commissioner Hood asked if we have someone to operate the new lathe, and we won't
need to hire someone. Public Works Director Krug said there are employees on staff that can
work the lathe.
Commissioner Hood. seconded by Commissioner Anderson. moved to approve
Items #1 throuQh #11 on the Consent AQenda as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS
The unnamed 30-foot right-of-way is located between the easterly right-of-way of West Avenue and the
westerly right-of-way of Spring Avenue. This area is currently grassed and wooded and is adjacent to a power
line (distribution) on the north side of Starke Lake Baptist Church. The applicant is requesting the City of
Ocoee to vacate this roadway in order to facilitate possible future growth of the church. Staff recommends that
the Honorable Mayor and City Commissioners adopt a resolution vacating the 30-foot wide public right-of-way
for the unnamed roadway located between West Avenue and Spring Avenue, subject to reservation of a public
utility easement over the abandoned roadway.
City Attorney Rosenthal read the title of the resolution.
Planning Manager Armstrong gave presentation and explained that letters were sent to all
utility companies as required by the Land Development Code, and Brighthouse Networks
and Progress Energy did ask that a 10' utility easement be left there to facilitate future
growth. She said it was unanimously passed by DRC after issues were resolved by the
applicant.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Anderson. seconded by Commissioner Johnson moved to
adopt Resolution No. 2007-001 approvinQ the vacation of riQht-of-way for
Starke lake Baptist Church. Motion carried 5-0.
Richard Doss thanked the Mayor and Commission for their support on this project.
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City Commission Regular
January 16,2007
The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by
ordinance. Staff recommends amendment to the General Employees' Pension Ordinance to change the
multiplier from 2.5% to 3%. This issue was approved by the General Employees' Pension Board and the
Employee Committee. Furthermore, the issue was discussed at the budget workshops and staff was directed to
return with a recommendation. The current Actuarial Impact Statement is based upon a 3% pension multiplier
and 81 % maximum benefit after 27 years of service. Though there is no financial impact for FY 07, the City's
contribution to fund this change will be approximately 12.5% ofpayroU in FY 09. The City's contribution rate
for FY 07 is 9.4%.
City Attorney Rosenthal read the title of the ordinance.
Human Resources Director Carnicella said this item was continued from December to allow
time for the actuarial evaluation of the affect of the increased multiplier from 2.5% to 3%
coupled with creating a cap on the pension at 81 % of salary after 27 years of service. The
Actuary reported that the City's percentage of payroll will decrease by approximately 2% by
adding the cap.
Mayor Vandergrift stated that the employees have agreed to help fund this by reducing their
COLA and merit raises this year, and he is in favor of giving them an improved Pension Plan.
Mr. Carnicella said they are considering amending the ordinance so that employees who reach
their cap at 27 years of employment will no longer have to contribute to the plan. There is one
employee who will reach the cap in 2.5 years and he is working to iron out some of the details so
that no one is adversely affected.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky, 1820 Prairie Lake Blvd, asked if the Plan is keeping up with the changes, or will
the City be caught short. Mayor Vandergrift said that we have a pension fund that is earning an
average of 8% per year, and a Pension Board with hired professionals is watching on the plan.
Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson. seconded by Commissioner Johnson. moved to adopt
Ordinance 2007-001 on second readinQ. approvinQ the increase in the Benefit
Accrual Rate from 2.50% to 3.00% of AveraQe Final compensation for each year of
Credited Service for all future retirees. The maximum benefit shall be capped at
81 % of AveraQe Final Compensation. Motion carried 5-0.
Commissioner Anderson thanked Human Resources Director Carnicella for getting this
accomplished which puts the general employees in line with the police/fire pension plan.
On October 11, 2005, the Planning and Zoning Commission acting as the Local Planning Agency held their
required public hearing and on November 1, 2005, the Mayor and City Commissioners held the required
transmittal public hearing regarding the Wekiva Comprehensive Plan Amendments. On November 17, 2005,
the City transmitted the amendment packet to the Florida Department of Community Affairs (DCA) for review
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City Commission Regular
January 16,2007
and comment. On February 3, 2006, the City received the Objections, Recommendations and Comments
(ORC) Report detailing issues that DCA has with the proposed amendments. In this report, DCA issued seven
(7) objections and included recommended changes that staff should evaluate to meet the intent of the Wekiva
Parkway and Protection Act. Over the course of a year, staff has evaluated the ORC Report and applied DCA's
objections and comments to the proposed amendments which have resulted in proposed language which staff
feels will satisfy DCA's concerns. Based on evaluation of the protected areas within the Wekiva Study Area
(karst features/most effective recharge areas/and sensitive natural habitats) and lessing out areas that have been
developed, are considered as conservation, areas that are currently under development review, etc., it has been
determined that only 174 acres, or 3 % of the land area within the City limits will be impacted by the WSA.
Further, only 611 acres, or 8% of the land area within the Joint Planning Area (JPA) limits will be impacted by
the WSA. Staff recommends that the Honorable Mayor and City Commissioners adopt an ordinance
implementing the Comprehensive Plan Amendments for the Wekiva Study Area into the City of Ocoee
Comprehensive Plan.
City Attorney Rosenthal read the title of the ordinance.
Planning Manager Armstrong explained that this came before the Commission one year ago
for transmittal. DCA reviewed it and issued objections, and tonight is the final adoption based
on their comments.
City Attorney Rosenthal said this proceeding needs follow specific requirements because the
record of the proceeding will go to DCA.
Planning Manager Armstrong said that there is a Comprehensive Plan Citizen Courtesy
Information List at the back table, and anyone who speaks on the subject is required to sign it.
She showed an overall map stating that some areas of the City were lessed out because they are
not impacted due to vested projects, approved projects, DRIs, and the CRA area. She described
how areas of the City impacted by the Wekiva Study were determined by overlaying three maps
to determine where three features coincide which included 1) most effective recharge areas, 2)
Karst features/Closed topographic Depressions, and 3) Sensitive Natural Habitats and said the
net acreage within the City of Ocoee impacted by the Wekiva Study Area is 174 acres, and 611
acres within the JP A; project that would need to comply with the Wekiva for development or
redevelopment. Ms. Armstrong reviewed the seven objections issued by DCA and explained
how staff has satisfied all of their obj ections.
Mayor Vandergrift opened the Public Hearing.
Commissioner Anderson asked if this Karst Study on septic tanks was related to the septic tank
issue and the requirement that the newer type of tanks would have to be installed at the resident's
expense. Ms. Armstrong explained that the sewer issue is part of the Wekiva study that is
handled through a different department, but not addressed in this document before them tonight.
City Attorney Rosenthal said that those septic tank permits will be issued by Orange County
and it will be in accordance with their regulations, and it is doubtful they will look at the
requirements being placed in our Comprehensive Plan.
R.P. Monacky, 1820 Prairie Lake Blvd., asked what areas in our City actually drain into Lake
Apopka, or where do the waters come from that are polluting the lake? Ms. Armstrong advised
these areas shown on the map were identified by natural resource features that are related to
drainage, but have other natural features. City Attorney Rosenthal said it could be debated
whether any water from Ocoee will ever reach the Wekiva basin, but legislature drew the
boundaries and everyone within the boundaries must comply.
Mayor Vandergrift closed the Public Hearing.
Commission Hood. seconded by Commission Johnson moved to adopt on
second readinQ. Ordinance 2007-002. amendinQ the Comprehensive Plan in order
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City Commission Regular
January 16,2007
to comply with the Wekiva Parkway and Protection Act and identifyinQ those
areas of the City of Ocoee located within the Wekiva Study area. Motion carried
5-0
BREAK 9:04 - 9:16 p.m.
I G. REGULAR AGENDA
Prairie Lakes PUD Tract" A" is approximately 44.19 acres in size and is located on the northwest corner of the
intersection of Clarke Road and AD. Mims Road. The Final Subdivision Plan proposes the construction of
infrastructure for a 205 lot residential subdivision consisting of single-family detached homes and townhomes.
The properties to the south are primarily developed as residential uses. The property to the north is proposed for
future residential development, and the property to the east is currently being developed for residential uses.
The property to the west is the site of a City park. All surrounding properties are located within the City of
Ocoee and have a City ofOcoee / Orange County Joint Planning Area (JPA) Future Land Use designations of
Low Density Residential, Medium Density Residential, High Density Residential, and Recreation and Open
Space.
Senior Planner Howell gave a PowerPoint Presentation.
Commission Anderson asked about the PVC fencing and whether it would be consistent with
everything else in the area that is brick. Community Development Director Wagner advised
that all frontages along Clarke Road will be 6' brick fence, the tan matte PVC fencing will be on
the interior.
Tom Sullivan, Attorney, wanted to clarify that the staff report has a statement under the
discussion section that the Townhomes will be 22-feet and 24-feet in width, but there are some
that will be 16-feet. Community Development Director Wagner said there is no minimum-
width requirements, and these units do meet the 1200 total square foot required by code.
Commissioner Keller. seconded by Commissioner Anderson moved approve the
Final Subdivision Plan for Prairie lakes Tract A. per staff recommendations.
Motion carried 5-0.
Lakewood Estates is approximately 15.8 acres in size and is located west of the intersection of Lakewood
Avenue and Wurst Road. The Final Subdivision Plan proposes the construction of infrastructure for a 54 lot
single-family residential subdivision. The surrounding properties to the north, south, east and west are primarily
developed as residential uses and are located within unincorporated Orange County and have a City of Ocoee /
Orange County Joint Planning Area (JPA) Future Land Use designation of Low Density Residential. The
property to the northwest, commonly referred to as the "Chevron Property", is in the City and has a Future Land
Use Designation of "Low Density Residential" and a zoning designation of R-IAA (Single-Family Dwelling)
and is currently vacant.
Page 10 of 15
City Commission Regular
January 16,2007
Senior Planner Howell gave a PowerPoint Presentation.
Commissioner Anderson asked if there were sidewalks on both sides of the road and will it be
built at the same time as the building. Planner Howell said at this time that is called Road "A"
and there will be sidewalks on both sides; it will be built concurrently with the infrastructure.
Commissioner Keller asked about the lift station being near the Gazebo. Planner Howell said
they placed it as far away as they could.
Commissioner Johnson. seconded by Commissioner Hood. moved to approve
the Final Subdivision Plan for lakewood Estates. per staff recommendations.
Motion carried 5-0.
Pursuant to Florida Statutes, the Department of Environmental Protection (DEP) is in the process of adopting
the Upper Ocklawaha Basin Management Action Plan (BMAP). The BMAP was finalized as a consensus
document on June 22, 2006, by authorized representatives of the agencies and organizations listed as members
of the Upper Ocklawaha River Basin Working Group (BWG). Ocoee is a member of the BWG as the northwest
portion of the City is included in the drainage basin. The goal of the BMAP is to implement the Department's
Total Maximum Daily Load (TMDL) program authorized as part of the Florida Watershed Restoration Act, also
codified in the Florida Statues. DEP implements the act by applying a watershed management approach of
which the City is participating through the Pioneer Key Regional Stormwater Pond project. DEP has requested
that as an active member of the BWG, the City execute the Commitment to show our support for the adoption
of this BMAP.
Public Works Director Krug said the purpose of plan is to reduce phosphates entering this
river basin, which eventually end up in Lake Apopka. The City of Ocoee' s portion of this is
using the DEP funding to construct the Pioneer Key regional stormwater pond and treat
pollutants in that area before they reach Lake Apopka. DEP asked all participants to execute
the Statement of Commitment to show support of this plan.
Mayor VanderQrift. seconded by Commissioner Johnson. moved to execute the
Statement of Commitment to the Upper Ocklawaha River Basin ManaQement Plan.
per staff recommendations. Motion carried 5-0.
I a. Approval of the Election Contract with Orange County Supervisor of Elections. I
The Supervisor of Elections Office submitted contracts for the March 13, 2007, General Municipal Election
and April 10, 2007, Run-off Election (if necessary). Staff recommends the Mayor and Commission approve
the Summary of Responsibilities Contract and the Vote Processing Equipment Use Agreement and Election
Contract to be in effect for the 2007 Election(s).
Commissioner Anderson. seconded by Commissioner Hood. moved to approve
Summary of Responsibilities Contract and the Vote ProcessinQ EQuipment Use
AQreement and Election Contract to be in effect for the 2007 Election(s}. Motion
carried 5-0.
Page 11 of 15
City Commission Regular
January 16,2007
b. Approval of Canvassing Board Criteria and Change of Location for Canvassing
Board.
Pursuant to Florida Statute 101.5614 and Ocoee City Charter Section C-50, the Canvassing Board shall meet at noon
on March 14, 2007, in the presence of members of the public desiring to witness the proceedings. The Board will
declare the results of the canvass and results of the election. Under new election laws, any outstanding provisional
ballot cannot be counted until after Friday, March 16,2007, at 5:00 p.m. If such ballots exist in the Ocoee General
Election, the Canvassing Board will continue the meeting on noon, Monday, March 19, 2007, to include those
ballots, and declare the official results of the Election. In accordance with the City Charter, the Canvassing Board
will consist of Mayor Vandergrift, Commissioner Anderson, and Commissioner Keller. Additionally, the
Canvassing Board has historically met in the Commission Chambers Conference Room and Staff is recommending
the Board meet at the Supervisor of Elections Office. Bill Cowles, Supervisor of Elections, requested that all ballots
are counted on the high-speed tabulators rather than the smaller rented tabulators. These machines are faster and
have a higher degree of accuracy in reading the cards without rejecting them, creating less ballots that need to be
duplicated and re-tabulated.
Commissioner Anderson. seconded bv Commissioner Keller. moved to approve the
Canvassina Board Criteria for countina absentee ballots as submitted bv the
Supervisor of Elections Office and recommended bv staff. Motion carried 5-0.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to approve
the Canvassina Board chantte of location to the Supervisor of Elections Office as
recommended bv staff. Motion carried 5-0.
I c. Opt out of Early Voting. I
On January 3,2006, the City Commission adopted Ordinance 2006-001 adding Section 5-16 to the Code of
Ordinances of the City of Ocoee allowing a provision to Opt Out of the Early Voting due to financial and
logistical considerations. Staff recommends, due to financial and logistical constraints, that the Mayor and
Commission Opt Out of Early Voting in the City of Ocoee, FL, for the March 2007 General Election, and
April 2007 Run-off Election, if necessary.
Commissioner Anderson. seconded bv Commissioner Hood. moved to exercise the
option provided in Ordinance 2006-001 to opt out of Earlv Votina in Ocoee and have
the Supervisor of Elections Office handle it county-wide. Motion carried 5-0.
I H. STAFF REPORTS
Assistant City Manager Croteau announced the arrival of the 200? Calendars.
Assistant City Manager Croteau said we received a request for someone to serve on the OCPS
Policy Direction Committee and the Mayor has offered to sit on that committee. The Mayor said
he was advised they do not want him on that committee because it is comprised of a
representative Mayor from a small, medium, and large city. Ocoee was considered a large city
just like Orlando. Ms. Croteau said they need members for the Legal and Stakeholder
Committees. The Stakeholder Committee has 20-30 members, they would like us to nominate 2
or 3 community members.
Commissioner Anderson. seconded bv Commission Hood. moved to appoint
Commissioner Keller and Mavor Vanderarift to the Lettal and Stakeholder Committee.
with a third member to be selected bv the Ocoee School Advisory Board. Motion
carried 5-0.
Page 120f15
City Commission Regular
January 16,2007
I I. COMMENTS FROM COMMISSIONERS
Mayor Vandergrift - 1) read a letter from William Burlingham asking what provisions are
being made with regard to the Schools for Prairie Lake project overcrowding. Mayor
Vandergrift said overcrowding is a problem throughout Orange County, but there are current
negotiations for an elementary school site, a middle school site has been purchased, there is a
high school that is not overcrowded yet and we would like the school board to do the same for
Ocoee High School as they did for Olympia and add on another wing that could house more
students, 2) introduced Dr. Jennifer Porter Smith, sister of Community Relations Director
Wright, and Executive Director of NAP Ford Charter School in Orlando. She said that the City
can do different things depending on what they are trying to accomplish. If the City wishes to
become its own local educational agency, it can use Coral Gables as a great resource as far as
their strategic plan. If the City wants to create Charter Schools it would have to have support
from the parents, a marketing plan, and something unique to offer. Charter Schools were not
created to assist with overcrowding, they were created to offer something unique and innovative
to students. She said they receive FTE funds of approximately $3500 per student, and additional
funds for exceptional students. A Pre-K unit gets no funding for schooling except Federal
funding for because most students are at or below the poverty line. There is also grant money
and fundraisers that bring in money. She advised no one was hired to assist with the start up of
the school. She said the first steps should be to see what type of community support exists,
overcrowding issues, and what type of unique and innovative education would they like offered
here (arts and humanities, foreign language, etc.) You don't want to compete with Orange
County too much, you have to offer something different. Once you establish what type of
Charter School you want, then you can write grant applications to get funding. If you have
Community Support, a location and building, some incoming capital, etc. in the strategic plan,
you can then start a school that targets just a few grades.
Discussion ensued regarding how to get someone to give us an overview of our educational
needs in the City and what would be the best avenue to pursue regarding Charter Schools,
Charter Conversions, and School Districts.
Commissioner Anderson. seconded by Commission Keller moved to direct staff
to implement an RFQ for a consultant to look at Charter conversion. districtinQ.
and other options. Motion carried 5-0.
3) Mayor Vandergrift said he made a trip to Lake Whales to talk to students and parents to see
how they felt about their Charter Schools. Most of the teachers and students were positive about
the change, only one person expressed dissatisfaction with the way a "teacher of the year" was
let to because of the politics; they only have one year contracts for teachers.
Commissioner Keller 1) has one more School Board Member to talk to and then he will have
spoken to all of them. He says he may be able to get a 4-3 vote to change the boundaries, but the
number of concerned people who show up at the meeting will make a huge difference. He thinks
more people than just parents of the students should be involved because this issue influences
house values. Mayor Vandergrift said he attended a HOA meeting at Prairie Lake and only one
person was aware of the redistricting of schools, 2) asked about the Little League moving their
Page 13 of 15
City Commission Regular
January 16,2007
boundary lines and Commissioner Hood said the rescinded on that because Pine Hills withdraw
this year. 3) said Christmas and New Year's fall on same day, those who have recycling on that
day don't get picked up for three weeks. Public Works Director Krug will have alternate pick up
on Wednesday next year, and Saturday in 2208. 4) asked about the Clarke Road, north of AD
Mims, regarding the need to increase speed to match the rest of Clarke. Commissioner Johnson
said it was that way before because of no sidewalks, but now they should be able to increase the
speed. Public Works Director Krug said they did a speed study there, and most were going
45mph in a 35mph area; they are looking into solutions for this but need to consider there are
developments going up in that area that may affect traffic patterns and speeds.
5) said the lot on NW side of AD Mims and Prairie Lake Blvd. is overgrown and covering the
sidewalk, someone from Public Works told a resident they would take care of it, but has not been
handled yet.
Commissioner Johnson) announced Districting Commission Meeting on January 18, 2007, 2)
said we need to stop paying for Christmas lights we are not getting; half of them are not working.
Can we straighten it out before next year? Public Works Director Krug said we had numerous
conversations with Progress Energy and the Company who installed them. He is talking to the
CM about alternatives for next year. 3) said street lights are also out around the City and
someone needs to be record them. Chief Reffett said he will have a list by morning.
4) he said we are ignoring a lot of Code Enforcement issues, such as overgrowth, and we need to
be proactive. The vacant lot at Lakewoodand the lot at Silverstar and Bluford is fenced but now
they don't mow it. There are trailers that need to be condemned. Also, the lot near former
Commissioner Howell's house, where the kids pass all the time. 5) said he had great time at
Martin Luther King Day parade, and added that the City has been working toward this for many
years.
Commissioner Anderson 1) asked about the results of the meeting on the transfer station.
Assistant City Manager Croteau said she and the Mayor and approximately 100 residents
attending the meeting. They are in the early stages, they will be looking at other sites also and
will be hiring a consultant to assist with the selection.
Mayor Vandergrift said the main concern seemed to be traffic on King Road and McCormick
Road. Commissioner Keller advised he was at the meeting, but arrived late. He said concerns
that were voiced were traffic, smell, and the danger of kids crossing near the large trucks so close
to the school.
Commissioner Hood 1) thanked HRDB for the excellent job they did, the parade was great,
although he did run out of candy to throw. 2) said Vignetti Park had obscene graffiti on the
playground equipment that needs to be repaired, and have new park ranger step up patrol to
prevent it from happening again
Mayor Vandergrift 1) received a letter from WO Chamber regarding the Champions GALA,
Friday, Jan 26th, $960 for a table
Commissioner Hood. seconded by Commission Johnson moved to purchase a
table at the West OranQe Chamber Champions Gala. in the amount of $960 from
the Commission ContinQency fund. Motion carried 5-0.
2) said he has finalized legal defense fund, it will be called SOCS for "Save Ocoee Community
Schools," and it will be at Heritage Bank. Any funds not used will go to Ocoee High School.
He will give more information about it in the next Gazette.
Page 14 of 15
City Commission Regular
January 16,2007
I ADJOURNMENT
The meeting was adjourned at 10:30 p.m.
Attest:
APPROVED:
City of Ocoee
<~:~~ lid< -{
- . Scott Vandergrift, Mayor (
Page 15 of 15