03-17-09
MINUTES
OCOEE CITY COMMISSION
March 17,2009, at 7:15 P.M.
I SWEARING IN OF COMMISSIONERS
The City of Ocoee General Election held on March 10, 2009, was canvassed, certified and
audited on March 11, 2009, resulting in Commissioner Rosemary Wilsen and Commissioner
Joel Keller (unopposed) being elected as District 2 and District 4 Commissioners for three-year
terms. Prior the regular meeting tonight, they took the oath of office.
I
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 Keller gave the Invocation and Commissioner Wilsen
led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a
quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Keller,
and Commissioner Johnson.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENT A TIONS AND PROCLAMATIONS
Presentation by Police Deputy Chief Goclon -
a. Ella Wisecup - Civilian Employee of the Year
b. Rose Randall- Volunteer of the Year
c. Jamie Byrd - Officer of the Year
d. Dominic Chiuchiarelli - Officer of the Quarter (4th Quarter for 2008)
I C. COMMENTS FROM CITIZENS/PUBLIC
Ms. Linda Allen, a resident of Ocoee for 4 years and a Winter Garden resident for 20 years, uses
the Lynx bus (route #27) to and from work. She does not drive. She has discovered that the bus
route will be cancelled as of April 26th which will make her a jobless statistic. The Lynx staff
told her that the City of Ocoee has to spend a certain amount of money to subsidize the bus and
that the city does not think it is worthwhile. She asked what is going to happen and why since
there are hundreds of folks that depend on the service.
Mayor Vandergrift advised her of the flex demand service which is a program whereby one can
schedule the bus to pick you up at your residence for $2 per trip. The pick up must be scheduled
a week in advance according to the Lynx representative that spoke at the last commission
meeting [Edward Johnson]. Putting the route back in would cost $63,215.34 through May,
2009. It would cost $400,000 to carry it all year. The mayor added that the City has a meeting
with Lynx and Orange County on April 6th. He then solicited the rest of the commission for
comments. Commissioner Hood said the City of Ocoee does not control Lynx. It was Lynx
who decided to remove that route because they are losing $200,000 on the route. He explained
City Commission Regular
March 17, 2009
that she could use the flex service. Ms. Allen said that they [Lynx] said she had to be
handicapped in order to get the flex service. She said she is visually handicapped.
Commissioner Hood said Lynx would come to his house and pick him up if he made
arrangements for it. He stated that he did not know who she had spoken to at Lynx, but that they
had given her bad information. Mayor Vandergrift asked Assistant City Manager Croteau to
look up the matter in the last meeting's minutes because Lynx had not expressed such
information at the last city commission meeting. The mayor pointed out that he had asked
specifically about the matter. He added that Lynx had sold the idea of the flex service to the city
as a substitute for the removal of the route. Ms. Allen stated that she had gotten an application
from Lynx [to document her disability] because she is visually impaired. Commissioner Hood
stated that the City had sent a letter to Lynx asking them to prolong the route since many high
school students used it. This is why the Lynx representative came to the last commission
meeting. Mayor Vandergrift said that Ms. Allen is safe now until April 26th. He reiterated that
there will be a meeting between Ocoee, the County and Lynx to discuss the matter further.
Commissioner Hood referred Ms. Allen to the assistant city manager to get the contact
information of the Lynx staff member who spoke to the commission. Mayor Vandergrift
requested a transcript of that portion of the meeting. Commissioner Keller recalled that Lynx
had said that the school kids need only call to schedule a pick up. Commissioner Keller
recalled Lynx saying that one only needed to call 24 hours in advance. The mayor concurred but
noted that it was not clear if one needed to call everyday or not to schedule daily pick ups; Lynx
had said that the matter would have to be worked out. He expressed the commissions concern
about the issue and that Ms. Allen was just one of a number of people who had expressed
concern about the route cancellation.
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank asked to pull Items 9 and 10, to be brought back at the next meeting. He
asked to continue Item 11 at the next meeting as well; however, the attorney would still be
announcing the item tonight. Mayor Vandergrift said to go head with Item #11 now.
I Item 11- Approval of Annexation and Rezoning of West Colonial Parcel
City Attorney Rosenthal stated in regards to Item 11 - Approval of Annexation and Rezoning
of West Colonial Parcel (aka Walia Property), that the annexation agreement was not finalized in
time for tonight's meeting. Therefore, it was agreed by both parties that the hearings will be
continued to the next meeting.
City Attorney Rosenthal read the title of the ordinance for Annexation of West Colonial Parcel
(aka Walia Property), and stated that the second reading and public hearing has been continued
to April 7, 2009.
City Attorney Rosenthal read the title of the ordinance for Rezoning of West Colonial Parcel
(aka Walia Property), and stated that the second reading and public hearing has been continued
to April 7, 2009.
The public hearing was opened. As nobody wished to speak, the public hearing was closed.
Page 2 of 13
City Commission Regular
March 17, 2009
Commissioner Johnson. seconded bv Commissioner Keller, moved to continue
Items 11 a, b, c, and d until the April 7, 2009 commission meetina at 7: 15 p.m., or
as soon thereafter as practical. Motion carried 5-0.
City Manager Frank announced that there was an emergency item to be heard. Mayor
Vandergrift said to go ahead with the emergency item at this time with.
Emergency Item - Approval to transfer $20,000 from contingency to the Educational
Incentive account.
Commissioner Keller. seconded bv Commissioner Johnson. moved to approve
the transfer of $20.000 from continaencv to the Educational Incentive account.
Motion carried 5-0.
City Manager Frank announced that the Parks & Recreation Department will be having their
summer camp program for ages 6-14, beginning on June 8 and ending August 21 from 6:30 a.m.
- 6:00 p.m. Monday through Friday. He said that this was the first year they would be opening
registration to non-residents of Ocoee, in order to fill vacant slots. Registration will be April 13 -
17 for residents at a cost of $60/week, and from April 20, 2009 forward for non-residents at a
cost of $87.50/week. He explained the cost to non-residents equals the cost of the program as
figured by staff.
I Motion regarding Appraisal on property on Clarcona-Ocoee Road. I
City Manager Frank stated that he and the city attorney were previously asked to review a
piece of property off of Clarcona-Ocoee Road for suitability as a park. He said the land is not
level enough for ball fields, but could be used for passive activities and suggested they get an
appraisal of the property.
Commissioner Hood. seconded bv Commissioner Johnson, moved to
recommend the city have an appraisal done on the property on Clarcona-Ocoee
Road. Motion carried 5-0.
City Manager Frank informed the commission that the grant request has gone out by staff
regarding a Community Development Block Grant (CDBG) for Pioneer Key 1 (PKl). He
detailed that the package put together was for a $1.2 million project, with about $500,000 of city
funding and the balance being requested from CDBG.
I E. COMMISSIONERS ANNOUNCEMENTS
t;.Q1hmi,sS1~~m)a'pSne
I!IQmiii1SiI~ie~wils~ - 1) announced that March 28,2009, will be the 4th Annual Spring Fling
from 10:00 a.m. - 3:00 p.m. at the Bill Breeze Park and they will be hosting many wonderful
activities. This will be the first year that they will be giving trees away. She briefly gave an
overview of the activities that are to take place. 2) relayed comments from resident Ouida Meeks
who is concerned with the smoking ordinance and who is against the fire assessment fee.
Page 3 of 13
City Commission Regular
March 17, 2009
~"';"?":::t?'.c;-mte~~h~.:'r.::::':'t:%V~lm~~:n4>::"""-;3""""..'tW:::>~0tm*0
~~mm!~~i!!!l~!:li!~!m~9!i - 1) said he agrees with Commissioner Hood and would like to utilize
the building that he spoke of previously as a fire house until they can get something done. 2)
announced they have the entertainment lined up for the Founder's Day event. They will be
bringing a list to the Commission at a later date. Dates for Founder's Day this year will be
October 9 & 10,2009.
~1)IP'rt!ms!i!~IrlR~n~~ - 1) reminded everyone that Ocoee High School chorus concert will be
on October 20-21, 2009. The theme is Country and cost is $lO/adults and $5/students. 2) said
April 11th is the Easter Egg Hunt at Bill Breeze Park from 10 am - 12 pm. 3) announced HRDB
has openings and if anyone is interested they are looking for volunteers. 4) congratulated
Commissioner Wilsen on winning the Election, 5) thanked Commissioner Anderson for his 13
years of service.
----~:c:"~~'}~'%i)~~.ffinS?~w:n~:11,':"'''"..'*
M!~2!J0:~!!~!i"g!2if! - 1) acknowledged Boy Scout [Alex] from Winter Garden Troop #210 who
was here to earn a badge 2) said we have been named a Tree City USA, and thanked Parks and
Recreation Director Hayes for his work making that happen. He added that he would like to see
signs posted around the City showing us as a Tree City. 3) said he received a letter from Senator
Constantine wishing him a Happy 69th Birthday. 4) read a letter from Senator Mel Martinez
regarding our letter asking for support for city projects. 5) read a letter from Ocoee Middle
School FF A regarding a Red Angus Steer that will be for sale. 6) announced that we now have
GovQA which is an interactive website for complaints and comments from the public.
I F. CONSENT AGENDA
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
Members of the Citizens Advisory Council for the Police Department (CACOPD) serve three-year terms.
Currently the CACOPD has ten (10) members and their resolution allows no more than fifteen (15) members.
We have received an application and resume from Ms. Wilda Schoeppler Pickett expressing her interest in
serving on the CACOPD.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
,,~~.:,',,"",,*
On March 18, 2008, the Honorable Mayor and City Commissioners approved a Preliminary Subdivision Plan
for Chateau Reserve. The subject property is approximately 8.76 acres in size and is located on the east side of
Tomyn Boulevard approximately 255 feet south of Patriots Point Drive. The Preliminary Subdivision Plan
allows for a 20 single-family residential lot subdivision. On February 13, 2009, the Development Services
Department received a letter from the developer/owner of the property requesting a one (1) year time extension
of the Preliminary Subdivision Plan approval due to current economic situations and lack of construction
financing.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
Page 4 of 13
City Commission Regular
March 17, 2009
Eagles Landing Phase II & III are the last two of three phases of the Eagles Landing Subdivision, which is
46.35 acres and is located on the west side of Ocoee-Apopka Road approximately 2000 feet north of Ocoee
Crown Point Parkway on the west side of the road. Eagles Landing Subdivision consists of 105 single-family
homes with associated amenities. Eagles Landing Phase II & III consists of91 single-family homes.
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
n
The Fully Involved Program was created in January 2004, providing home repair, handicapped access, smoke
detectors and fire extinguishers to the residents of our community. The program has been restricted to the
named projects by virtue of the establishing language of the original staff report (Item VII F, Agenda
01/20/2004). The program has expanded in its scope since 2004, creating an opportunity to return the donated
funds of the program back to the community in different ways. The program could be funding fire prevention
programs, such as supporting poster contests, etc. by purchasing materials and awards. Operation Santa, a
popular community program could also be funded by the program.
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
The widening of Maguire Road from Mercantile Court to Geneva/Story Road has been a project that the City
has planned for some time. The project scope was to include a five-lane section from Mercantile Court to
Marshall Farms Road and a four lane divided section, with turn lanes, on to Geneva/Story Road. The project
started in early 200 I with an alignment study and conceptual design. Detailed design has been on-going on and
off over the past eight years. Additional services for this change order include redesign of a portion of the
project to utilize the site on Marshall Farms Road for the stormwater pond, resubmittal to the St. Johns River
Water Management District for permitting associated with the new pond site, and design and permitting of
utility relocations on Marshall Farms Road. The changes in design due to the new pond site were not included
in the previous change order because staff and PEC wanted to see if the new pond site would be usable. The
project was originally designed to utilize a portion of the Roper property for the stormwater pond. When land
and construction costs increased it was determined that if the Marshall Farms Road site was usable
approximately $500,000 could be eliminated from the project cost. The cost for these additional services is
$66,252.49.
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
~~-
Orange County has constructed a new tower site at 475 Story Road, Orange County Services Building, and has
agreed to allow the Fire Department and the Utilities Department to locate antennas on the tower. The Fire
Department antenna will provide radio communications and the Utilities antenna is needed for the FlexNet
meter reading system. The Interlocal Agreement will formalize the conditions to allow the two antennas. The
County will own and maintain the grounds, while providing access to the City.
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
Page 5 of 13
City Commission Regular
March 17, 2009
Commissioner Hood. seconded bv Commissioner Keller. moved to approve
Consent Aaenda Items #1 throuah #7. Motion carried 4-0. with Commissioner
Johnson away from the dais.
I G. PUBLIC HEARINGS
The Marshall Farms Business Center Site Plan consists of an office/warehouse and retail facility. The total
project is proposed to be developed in two phases. Phase 1 will consist of the office/warehouse building and
Phase II will consist of a strip retail commercial building. The total combined building floor area will be
(26,000 sq. ft. office/warehouse + 10,000 sq. ft. retail building) 36,000 square feet which are within the allowed
intensity.
Principal Planner Fabre gave a presentation of the item. He stated the item had been
previously continued while some last minute changes were made to the Developer Agreement.
A copy of the Agreement has been distributed to the commission on the dais this evening.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Hood. seconded bv Commissioner Keller, moved to approve the
Preliminary Site Plan for Marshall Farms Business Center as recommended bv
staff. Motion carried 4-0, with Commissioner Johnson away from the dais.
Commissioner Keller. seconded bv Commissioner Hood. moved to approve the
Development Aareement Marshall Farms Business Center between Heico LLC
and the City of Ocoee. authorizina execution thereof bv the Mavor and City Clerk.
Motion carried 5-0.
I H. SECOND READING OF ORDINANCES
~.
The City Commission of the City of Ocoee desires to control loud, unnecessary or disturbing noise within the
city limits. Implementation of an enforcement program will promote, protect, and improve the safety of the
citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and
Florida Statutes.
Item #9 was pulled from the aaenda. The second readina and public hearina will
be held on April 7. 2009.
Page 6 of 13
City Commission Regular
March 17, 2009
In December of 2008 the City Commission discussed the need to regulate smoking on and around recreational
facilities in city parks. The Parks and Recreation Department was tasked to develop an ordinance to address the
problem of individuals smoking around athletic fields during youth activities. Park and Recreation staff
researched what other communities in the State of Florida have done in terms of developing ordinances that
regulate smoking in parks and recreation areas, and found that several cities and counties in Florida have taken
measures to protect their residents from secondhand smoke exposure by adopting ordinances that restrict
smoking in outdoor areas, including recreation areas used by youth organizations, and other places where
people congregate. Cities, villages and towns in the State of Florida that have adopted ordinances that prohibit
smoking in parks to varying degrees include: Apopka, Chipley, Coral Gables, Dania Beach, Deland, Holly Hill,
Marco Island, Miami Lakes, Newberry, North Port, Ormond Beach, Oviedo, Palm Coast, Palm Springs,
Parkland, Port Orange, Port St. Joe, Sanibel, Seawall Point, St. Cloud, Sunrise, Tavares, and Venice. In
addition to these cities there are several counties that have developed ordinances to prohibit smoking around
recreational facilities, these include; Brevard, Hendry, Hillsborough, Nassau and Sarasota.
Item #10 was pulled from the aaenda. The second readina and public hearina will
be held on April 7. 2009.
The subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange
County. The applicant is proposing to develop a three lot commercial subdivision on the subject property.
a. Annexation Ordinance
b. Rezoning Ordinance
c. Preliminary Subdivision Plan
d. Development Agreement
Item #11 was moved on the Aaenda and heard under staff comments, where the
Public Hearina was opened and the item was continued to the April 7, 2009
Commission Meetina.
.~
The property is located on the east side of Ocoee-Apopka Road approximately 1,800 feet north of Palm Drive
intersection. The subject property consists of two (2) parcels fronting on Ocoee-Apopka Road. The northern
parcel is improved with a nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is
vacant and undeveloped. Both parcels are consistent with the adopted City ofOcoee Comprehensive Plan.
I a. Annexation Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Keller, seconded bv Mavor Vanderarift, moved to approve
Annexation Ordinance No. 2009-004, annexina the property at 529 Ocoee-Apopka
Road as recommended bv staff. Motion carried 5-0.
Page 7 of 13
City Commission Regular
March 17, 2009
The annexation ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-004
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 1.84 ACRES LOCATED EAST OF AND
ADJACENT TO OCOEE-APOPKA ROAD AND APPROXIMA TEL Y 1790 FEET NORTH
OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER, SCI FUNERAL SERVICES OF FLORIDA, INC.; ANNEXING
ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING
FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
AN EFFECTIVE DATE.
I b. Rezoning Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Hood, seconded bv Commissioner Johnson, moved to approve
Rezonina Ordinance No. 2009-005, rezonina the property at 529 Ocoee-Apopka
Road from Oranae County A1. General Aariculture to Ocoee C-1 Neiahborhood
Shoppina as recommended bv staff. Motion carried 5-0.
The rezoning ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO
OCOEE C-l. "NEIGHBORHOOD SHOPPING" ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 0.91 ACRES LOCATED EAST OF AND ADJACENT
TO OCOEE-APOPKA ROAD AND APPROXIMATELY 1790 FEET NORTH OF SILVER
STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Page 8 of 13
City Commission Regular
March 17, 2009
I I. REGULAR AGENDA
I~ .,.~~~1Eif~.:SJ~.t!Olum!l.it.b~ili!.r&~.~i~~.~rrf~J!!i!l.~e:~~:(:t\!~i~t.@!I.L9JY~M~!I;!g~C.I:oJ~;!!l) "d~1:;!j,hd
Last fiscal year the City of Ocoee took the steps necessary to develop and implement a non-ad valorem
assessment program to fund fire services. These steps included adopting a Resolution of Intent to Use the
Uniform Method of Collecting Non-Ad Valorem Special Assessments, adopting an Ordinance authorizing the
imposition of the assessment, and adopting both a preliminary and final fee resolution. The City set the fee at
zero. As the City starts to prepare its budget for Fiscal Year 09/1 0, it needs to determine if the fire fee will
remain at zero for the coming year. Staff is seeking direction on implementing a fire assessment fee and the
Commission's direction on moving forward with implementation of the fourth fire station.
Assistant City Manager Croteau gave a PowerPoint presentation highlighting background on
the fourth fire station, the fire assessment fee, the cost for the new station, some preliminary fire
assessment rates, and the next steps in the project schedule.
Ms. Croteau explained that the City did a Resolution of Intent in December 2007, indicating our
intent to put the assessment on the tax bill. The City of Ocoee readopted the ordinance in
December 2008 because it did not appear on the tax bill and we needed to maintain our right to
place it on the bill, if necessary. She stated we also adopted an ordinance that authorized the
imposition of the fire assessment fee, and adopted the rate at zero. She added that during the
budget process, there was extensive conversation about funding fire services through a fire
assessment, especially in relation to a new fire station on the north side of town. The city placed
funds in the budget to fund a temporary station for approximately four months. The operating
and facility cost on the temporary station at the Rogers property for the first year would be
$750,000; each additional year would cost approximately $670.000. The permanent station, if
placed on city property, would cost approximately 3 million, with annual operating cost of 1.5
million.
Ms. Croteau said the City can assess any amount up to 100% of the assessable budget which is
3.7 million, which does not include cost for new facilities temporary or permanent. We would
have to re-notice all property owners again this year stating the maximum that can be assessed
and the assessment amount being considered by the City. She reviewed the assessment rates for
residential units: $147 @ 100% would provide 3.1 million dollars; $88 @ 60% would provide
1.8 million in revenue; $59 @ 40% would provide 1,250,678; $44; $44 at 30% would provide
$900,000 in revenue; $37 at 25% would provide $782,000. She said we also have commercial
(calculated by square footage), industrial, and institutional categories included in these
assessments. She discussed the timeline which lead up to the deadline of adopting a final fee
resolution and transmitting the rates to the Property Appraiser by July 15,2009. She said staff is
seeking direction from the Commission as to whether or not they should prepare a preliminary
fee resolution to move forward with funding the temporary and permanent station through a fire
service fee and to engage the services of GSG to assist us through the process at a cost of
$23,500; approval to move forward with the temporary station at the Rogers Property.
Discussion ensued with regard to the design concept, placing the temporary station on the Rogers
property with a Mobile Home and Pole Barn for parking, original proposal of placing the fourth
fire station on the Coke Property.
Scott Delany, 800 Center Street, said they pay property taxes and pay for garbage, water, and
sewer, and he is against imposing any new fees. He does not feel that people that have lived in
Ocoee for many years should pay for a fire station for part of Ocoee that did not used to exist.
Page 9 of 13
City Commission Regular
March 17, 2009
He discussed the issues in his neighborhood with undersized and aging water lines and felt that
the city should not build a new fire station if they can't afford to fix water lines.
R.P. Monacky, 1820 Prairie Lake Blvd., clarified the location of the Rogers property; said he
thought the city should consider consolidating fire departments, clarified that Winter Garden is
the first responder to our residents in the north section; asked why growth has not paid for
service and infrastructure improvements to which Commissioner Hood said that we are behind
at collecting enough money and impact fees to pay for all of the services. Commissioner
Keller added that cutting fire stations right now is not a good idea because our response time is
much better than other jurisdictions.
There was discussion that the Winter Garden station that is currently servicing our residents in
the north section is moving to a location farther away. Commissioner Johnson suggested that
we look into leasing that building once it is abandoned. Commissioner Hood said that those
residents deserve the same services as everyone else in the city; we annexed them into the City
and we are obligated to provide good services to them and not depend on a sister city to provide
those services. Commissioner Johnson said he wants a fire department, but he would be more
likely to support a millage increase than a fire assessment fee. He added that he would like to
see where all the fire impact fees are going for all of the new development on the north end.
City Manager Frank said the majority of it is going to the debt service on the current three fire
departments that we have.
Mayor Vandergrift said the state is considering a bill that would allow the county to have a 1 %
Fire Assessment fee.
James Kelley, 563 South Bluford, Ocoee Firefighter, said he actually lives in Winter Garden
near the station that covers northern Ocoee residents. He said Ocoee needs to take care of their
own people and provide the high level of service standards; we cannot count on another agency
to provide that same service. He addressed consolidating fire departments and said that would
cause a decrease in service.
Commissioner Johnson suggested that a committee is formed to determine other ways to come
up with the money before we decide on a fire assessment fee.
Commissioner Keller clarified that there is $320,000 in the budget to fund the temporary fire
station for four months. Commissioner Hood stated that we could get through a few years at
$670,000 at the temporary station. Ms. Croteau said yes, but we are early in the budget process
and we anticipate close to 1 million in revenue reductions from the state. City Manager Frank
said that is in addition to the million we lost last year, and the year before that.
Mr. Delany, clarified that he does not mean to say that the City should not build a new Fire
Station, they should just find another way to pay for it.
Ms. Croteau said if we use the budgeted money to fund it for this year, we would have to be
able to continue funding it or we would have to create funds to keep the temporary station going,
possibly laying off other employees. Commissioner Keller said he agrees we should not
implement a Fire Fee if we can find another way to fund the fire station, however, we do need to
start the process rolling in case we find that we fall a little bit short and need to assess at the
minimal amount. He said he is ready to vote to get the temporary station going, but does not
want to close it down in four months when the funding doesn't get approved at budget time.
There was discussion with Chief Firstner about the minimum amount of manpower needed. He
said it can be done with three, but that would reduce the ability to perform at the scene; the
standard is four men per truck. There was discussion about the mutual aide I automatic aide
agreements.
Page 10 of 13
City Commission Regular
March 17, 2009
Mayor Vandergrift read an email from Martha Lopez Anderson with regard to removing
money from the general fund if we adopt the fire department which she compared to education
and the lottery. Commissioner Keller said many cities adopted a fire fee to make up for the
money that was lost from the new legislation. City Manager Frank said that it was not
previously proposed that we would reduce the millage if the fire fee was adopted.
Commissioner Wilsen said if we create a temporary station we have to project the funding
further on. Neither fire fees nor an increased millage will be popular with anyone.
Commissioner Johnson said he would rather do it from the millage rate. City Manager Frank
reminded them, we may not be able to accomplish that with the millage rate, unless they are
anticipating a unanimous vote of the Commission.
Boy Scout [Alex[, said you are talking about paying for something that could save lives, he does
not think people would have a problem $50 - $85 per year when they pay several times that each
month for the cars they drive.
Commissioner Wilsen asked if it would be prudent to adopt a fire fee at a minimal rate such as
one dollar just to get it placed on the tax roll. Mayor Vandergrift said he feels we should do as
Commissioner Johnson suggested by having a committee look at this. Commissioner Keller
said that could be a problem if the committee causes us to miss the deadlines, we need to move
forward with the process for the fire assessment fee. Ms. Croteau said the fire fee process has to
be completed by July 1,2009.
Commissioner Hood asked if they still have time to come back with some numbers. Ms.
Croteau said we can move the timeline back by one meeting which will give us two extra
weeks.
Commissioner Keller. seconded bv to approve the temporary station and the
personnel for it on the temporary station at the Roaers Property that we have
alreadv placed in the budaet. Motion carried 4-1 with Mavor Vanderarift opposed.
Assistant City Manager Croteau clarified that the direction of the Commission is to bring back
budget numbers and work with Commissioner Hood and staff and a union representative to look
at Fire Station through the budget process.
City Attorney Rosenthal clarified that the option to adopt the Fire Fee is still on the table. The
consensus of the Commission was that that will be one option if money cannot be found
elsewhere.
Mayor Vandergrift discussed the widening of Highway 50 and a large amount of money that
we would have to spend to move our utilities out of their way because they don't want them
under their road. City Manager Frank stated that we have been in negotiations regarding this
for a long time and at this point we have not signed off on their Subordination of Utility
Agreements because we have several easements along State Road 50 that our pipes are in or
close to, therefore if they need us to move out of our utility easement, they would be responsible
for those portions of the relocations. It was originally a multi-million dollar project, now it is
estimated around 2 million with portions that FDOT would be responsible for. The schedule for
widening Hwy 50 has been delayed because they will not get any stimulus ready because this
project is not shovel-ready. He said may have changed in the last few weeks, but not to his
knowledge.
Page 11 of 13
City Commission Regular
March 17, 2009
Mayor Vandergrift said he is on a MetroPlan Advisory Board and one thing that has come to
his attention is that Winter Park passed a policy saying they do not want to widen the state road
that runs through their city (Aloma). He said he feels that our engineers and planners could
make some of our intersections more user-friendly such as Blackwood and SR50; he felt that
removal of the concrete median would help traffic flow better and not back up. He said an
option would be to tell them [FDOT] not to six lane the road but to make engineering changes to
make the road better. He said we should tell them "thanks but no thanks" unless they want to
pay for it. Commissioner Johnson asked if they could allocate money to enhance the side
streets and take traffic of SR50. City Manager Frank said we have discussed that with them;
asking them to allocate funds to widen Story Road or Old Winter Garden Road rather than widen
SR50.
City Manager Frank suggested that staff could give a presentation that would address all of the
issues, including concurrency issues affiliated with this. Commissioner Hood agreed if there is
an opportunity to work with them, we should go ahead and try to do that before we make them
angry.
Mayor Vandergrift also discussed the school board authorized a new school to be built right up
next to the turnpike. The large walls that are being put in place to block turnpike construction
may not be placed in the area of the new school and he feels the turnpike and the school board
should share that cost and not risk a bad accident.
t5. ;1~ppoig!m~n!:9J!:QJilJjjjs~JJ!!lLi~J~9A!QLY ar19J!sIloirr_di~,,,,( G!tiJleL!}l~~J1lu~rrY)i_ . ::
This item was postponed to the next regular commission meeting, April 7, 2009.
Commissioner Johnson. seconded bv Commissioner Hood. moved to appoint
Commissioner Keller as Mavor Pro Tern for the next year. Motion carried 5-0.
I J. COMMENTS FROM COMMISSIONERS
~QmI!l:I~si,~y~iEilt~i - 1) Reminded everyone that Ocoee High School chorus Concert will be
on October 20th & 21st. 2) March 28th is 4th Annual Spring Fling at Bill Breeze Park. 3) April
11 th is the Easter Egg Hunt at Bill Breeze Park. 3) HRDB has openings and if anyone is
interested please contact the City Clerk's Department for an application.
~~m,m'!ii!9;~It2QHnrqn - I) Big Orange Game Golf Tournament is April 3rd and cost is $60/per
person. 2) Congratulated Commissioner Wilsen.
"'-"""'!'.)" % ??'L;::)V::r ;.:'-'*'W?
G~91g!!!i~~lg!1~i(:Lij;pitl! - Congratulated Commissioner Wilsen and announced to hopefully serve
with her another term since he does plan on running for re-election. He further congratulated
Commissioner Anderson for his 13 years of service.
Page 12 of 13
City Commission Regular
March 17, 2009
""",'0< ~'~\:': '~:W\?"< ....~ lli:I;'j w","""C~M~
Commissione.r Wilsen. - inquired about the Charter Review Committee and is concerned
because citizens spent a lot of time working on the issues. Mayor Vandergrift said he called
the chairperson about two weeks ago since he finally received a ruling from the Attorney
General. Jean Grafton is the Chair for that board and her sister Ruth Grafton has just passed
away so she is busy with services but they should be able to start meeting again. Commissioner
Wilsen inquired if they could put the Charter Review issues on a future agenda so they could
start the process. Mayor Vandergrift said he would rather wait and have staff get a hold of the
chairperson. City Clerk Eikenberry said the board was waiting for the Attorney General's
response. She further said she would contact them. Mayor Vandergrift said they passed the
deadline this year but can they can have a mail-in at anytime.
Commissioner JOiinson - said that he had a citizen ask him about the letters they sent out
"""'c'" ,*""y!:,>..,,,Y,,,,, "'*"'''''''>'',,''m.- @
regarding the garbage collection. Mayor Vandergrift asked staff to bring back the results of the
survey under staff reports at the next meeting.
~ayor~)':,\anc!~I:gI!f! said he received a nice letter [from Lesley and John] thanking him for doing
the Proclamation.
I ADJOURNMENT
The meeting adjourned at 9:45 p.m.
Attest:
APPROVED:
City of Ocoee
Page 13 of 13
center of Good L!v60, -
11 111
E
•1
OATH OF OFFICE
I, ROSEMARY WILSEN, do solemnly swear (or
affirm) that I will support, protect and defend the
Constitution and government of the United States of
America and the State of Florida against all enemies,
domestic or foreign, and that I will bear true faith,
loyalty, and allegiance to the same, that I am entitled to
hold office under the Constitution; that I will faithfully
perform all duties of the office of Commissioner of the
City of Ocoee, which I am about to enter, so help me
God.
Rosemary ilsen, District 2
SWORN and Subscribed before me this
17th day of March,2009.
Ct L
, _� L
Bet Eikenberry, City Cler