04-07-09
MINUTES
OCOEE CITY COMMISSION
April 7, 2009, 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 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, Assistant City Manager Croteau, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation - Fire Safety "How to Prevent Home Fires" Essay Contest Winners. (Fire
Chief Firster)
Presentation -Making Ocoee a Heart Safe Community - Martha Lopez-Anderson
Proclamation - Water Conservation Month - April 2009. (Mayor Vandergrift)
I Co COMMENTS FROM CITIZENS/PUBLIC
None
I D. STAFF REPORTS AND AGENDA REVIEW
Assistant City Manager Croteau brought up the matter of the previous meeting whereby
approval was given to get an appraisal of a property on Clarcona-Ocoee Road. Ms. Croteau
pointed out that authorization is needed to spend $2,450 from the commission contingency.
Commissioner Johnson expressed surprise that the matter had to be brought back before the
commission given the city manager's authority to approve expenditures within a certain limit.
Assistant City Manager Croteau clarified that it was the origin of the money (the commission
contingency) rather than the amount which made authorization an issue.
Commissioner Johnson. seconded by Commissioner Wilsen. moved to authorize
the expenditure of $2450 from the Commission continaency fund for a property
appraisal for the property on Clarcona-Ocoee Road. Motion carried 4-0. with the
Mayor Vanderarift away from the dais.
Assistant City Manager Croteau continued her report by noting that a tentative date has been
set for the West Colony Plaza demolition (by implosion): Saturday, May 9th at 7:30 a.m. Work
will begin on the Silver Star Landscaping project some time late this week or early next week.
The work should be completed by the end of May. There is one emergency item which was
added to the agenda. It is a change order authorization for the Pioneer Key II Rehabilitation
Project. City Engineer David Wheeler or CIP Project Manager Al Butler will be presenting the
item later.
City Commission Regular
April 7, 2009
I E. COMMISSIONERS ANNOUNCEMENTS
C2.mmission~r K~ler - announced that the Ocoee Chorus and Drama will be doing a combined
showcase to present their shows that are going to state competition; that will take place this
Monday for $5. They will be opening the Thespian Festival One Act, which they have won for
the first time so they are excited about that.
CQ!!l!,l1issioner Johns.!!!! - apologized for being late because he was attending a homeowner's
meeting.
~!)mmissloner WilseD - thanked the Spring Fling Committee for a successful event held March
28ili. She said approximately 1000 people attended and she looks forward to next year, which
will be their 5th event.
Commissioner Hoo~ - announced (1) Adult softball summer league registration is Aril 6 - May
1 for ages 18 and over and the season begins May 11. (2) Adult basketball league begins April
29 and people should check with the Ocoee Recreation Adult on the registration dates. (3)
Annual Easter Eggstravaganza will be taking place April 11 at Bill Breeze Park, beginning at 10
a.m. and admission is free. They are asking that participants donate a non-perishable food item
if possible that will be given to the Christian Service Center. (4) The Ocoee High School is hold
their athletic booster golf tournament Saturday morning, May 2 at Mystic Dunes and any
questions should be directed to Coach Bill Chambers.
Commissioner Hood. seconded bv Commissioner Keller. moved to use $320 to sponsor a
foursome for the OHS athletic booster 2:olf tournament and pull the funds from
contin2:encv if necessarv. Motion carried unanimously.
M"!y'or Vandergrift - announced that Easter weekend is coming up and people are meeting at
OHS cafeteria on Saturday to gather food donated from Publix to make boxes to deliver to needy
families on Sunday morning. Also, there will be an Easter sunrise service at the gazebo at 6:30
a.m. Sunday morning.
I F. CONSENT AGENDA
.1. Approval and Acceptance -of the Regular City Commission Minutes of March 17, 2009.
I
:_._(Ci!y' Clerk EikenberrY) __ _ _____ __ -- - -- - --
Approved on consent: motion carried 5-0.
~2: Approval of CombiDed Operat1oiuiiAssistanceandVohlntary Cooperation Mutual Ald'
Ugreement. (Police Chief Brown) _ - ---
In past years, the Ocoee Police Department and the Orange County Sheriffs Office have participated in a
Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement to assist each other with
investigations or in unusual or emergency situations. The previous mutual aid agreement expired in January,
2009 with the election of a new sheriff. The Ocoee Police Department and the Orange County Sheriffs Office
wish to enter into a new agreement which takes effect May 1,2009 and ends December 31, 2012.
Approved on consent: motion carried 5-0.
Page 2 of 13
City Commission Regular
April 7,2009
3. Approval of Change Order No.1 for Sorenson Park Fence Replacement from Mike's
Ironworks & Industrial Services, Inc in the amount of $2,952.00. (Parks and Recreation
Director Hay'es)
The replacement ~i the chain link fence on the two baseball fields at Soren~;n Fields has be~~ ~~pleted.
During the course of construction, it was necessary to alter various quantities in order to complete the work.
This item was pulled and heard separately after the Consent Agenda Vote.
Commissioner Hood asked why vendors always try to come back with a change order after they
give us a bid on a job. He also stated that many of those gates won't even close. Parks and
Recreation Director Hayes said he will take another look and have the vendor come back. He
said the additional cost is for things that City staff requested as they identified additional items
that needed to be addressed. There was discussion about this project being piggybacked off of
the Orange County Public Schools Contract. Commissioner Johnson said All Right Fence is
one of the biggest in the county and may have been able to bid cheaper in a bid process. He said
they have done a good job in the past and have donated a lot of extra things. Assistant City
Manager Croteau said the regular bid process will be used for the next portion of this project.
Commissioner Hood. seconded by Commissioner Johnson. moved to approve
the Chanae Order No. 1 for Sorenson Park Fence Replacement in the amount of
J2.952.00 from Mike's Ironworks & Industrial Services. Inc.
114. -Renovation of New P-oiice-Headquarters,-Project No. B09-01. (Public Works Director:
Krug) ___n_'
During contract negotiations, the City was able to reduce the contract price with Southern Building Services,
Inc., by obtaining a lower quote for the security and access control portion of the project from Qualified
Systems Contracting, Inc. The lower quote was based on contracting directly with the City to avoid the taxes
on equipment and materials. The purpose of this owner initiated change is to remove the materials and
equipment for the access control and video surveillance system per the contract negotiations and enter into a
separate purchase order with Qualified Systems Contracting, Inc., to take advantage of the City's tax exempt
status to acquire the materials.
a. Approval of Owner Initiated Revision for Interior
b. Purchase Order for New Access Control and Video Surveillance System to Qualified
Systems Contracting, Inc. in the amount of $57,516.93.
Approved on consent: motion carried 5-0.
15. Approval to .Award RFQ #0901 Continuing Contracts for Engineering Services.
_crurchasing Agent Tolbert). __ __ _ ___ _ ___ I
The City's current continuing contracts for Engineering services will expire later in 2009. In compliance with
the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055,et seq. and the
policies and procedures of the City of Ocoee, the City solicited statements of qualifications from professional
engineering fIrms or individuals that are interested in providing general engineering services for engineering
related planning, public works and utilities projects for studies, design, plans production, construction
management, traffic impact analysis, and other miscellaneous engineering and planning projects. The City
intends to award continuing contracts to no fewer than four (4) firms deemed to be the most highly qualified to
perform the required services. In addition, it is the City's intent to select two major and/or mid-level firms, and
two small fIrms or individuals. The contracts shall automatically be renewed annually unless terminated by the
City in writing, for a maximum of five (5) years from the date of the execution.
Approved on consent: motion carried 5-0.
Page 3 of 13
City Commission Regular
April 7, 2009
I G. PUBLIC HEARINGS
.6: Approval of Potential-Solid' Waste Collection Clumges. within the City Limits for
I Residential Construction and Demolition Debris. (Advertised in the Orlando Sentinel, Legal
_C.li!!J;ifled on Wednesd(1)!, March 25,..1QQ2L(Public Works Director Krug)_ _ __ _____ __
The City currently has a commercial franchise for the collection and disposal of the debris from commercial
establishments within the City Limits. The City is considering establishment of a residential construction and
demolition debris (C & D) franchise for debris in sufficient quantities to require the use of a roll-off or similar
on-site storage container as provided for under Chapter 143 of Ocoee City Code. Currently, residential C & D
services are not part of the commercial franchise and are not regulated by the City.
Public Works Director Krug reviewed the history of this item; he said back in Feb. 2005 we
had a similar hearing as we are having tonight where the city looked into proposing this
franchise. At that time the Commission elected not to proceed with a franchise. In June of last
year the Commission directed staff to start the process for entering into a franchise within the
City and that brings us to the Public Hearing tonight. The statutory requirements of
implementing the C&D Franchise included notifications to all of the known haulers 45 days prior
to the Public Hearing. The City has one year from the notification letter, which was sent on
February 2, 2009 to implement the franchise. At that time the City would give the vendors a
three year notice that there is a pending change of service. Existing providers could still provide
the roll off C&D service for three years without paying a franchise fee to the City. At the end of
that three year period the franchise would become effective. He added that staff is seeking
direction from Commission on what direction he would like them to go. There are three options
which include 1) Exclusive Franchise under the new Commercial Solid Waste Franchise, which
is the easiest to implement track and audit, 2) Separate Franchise from the Commercial Solid
Waste Franchise which would possible include multiple franchisees, 3) Open Franchise to all
providers; some cities do this although it is difficult to track, 4) Proceed without a franchise as
we are now. Staff recommendation if the Commission wants to go with a franchise would be to
do an exclusive contract.
Mayor Vandergrift opened the Public Hearing.
Jim Swan with Waste Management Inc. of Florida, said he served this area many years ago and
lost the contract because they were not the low bidder; he would love the opportunity to do it
again.
R.P. Monacky, 1820 Prairie Lake Blvd., asked for clarification on what we are doing now;
Public Works Director Krug said residents can call whomever they want, it is private
companies handling that and the city does not get a franchise fee. Mr. Monacky said he would
like to keep it the way we are doing it.
There was discussion about the franchise fee up to 25% and that the haulers would just add that
to their rates they are charging the residents. Commissioner Johnson said he is not in favor of
having a franchise.
Commissioner Johnson. seconded by Commissioner Keller moved to continue
the Residential Construction and Demolition Debris as we are doina it now and
not have a franchise aareement. Motion carried 4-1. with Mayor Vanderarift
opposed.
Public Works Director Krug added that the franchise notification is good for one year, so the
Commission can choose to revisit this between now and February 2010 if they decide to do that.
Page 4 of 13
City Commission Regular
April 7,2009
Mayor Vandergrift asked if the claw truck was fixed. Public Works Director Krug said it
was fixed and they are working Wednesdays and Saturdays to get caught up. There was
discussion on whether a not there was justification for a rental claw truck next time our truck
breaks down.
I H. FIRST READING OF ORDINANCES
,
f.
I
Firs"t Readingor-Ordinance Repealing andI~estating Chapter-15 of the City of Ocoee1
Code of Ordinances Entitled, "Parks and Recreation Advisory Board." (Second Readint.
and Public Hearing scheduledfgr A12.ril21. 2009L(Parks and Recreation Director Hay"e~)__1
In the last year, the Parks and Recreation Advisory Board frequently had difficulty achieving a quorum of the
membership and have therefore had to cancel many of their meetings. During a discussion of the City
Commission, direction was given to staff to look into the membership and quorum issues and to restructure the
membership of the Board to include wherever possible that members be selected from the following
organizations; Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football,
and West Orange Senior Citizens.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Vandergrift announced the second reading and Public Hearing will be held on April 21,
2009 at 7:15 p.m. or as soon thereafter as may be heard.
18~ -FirstReadiiiitof-6;dinance for Hopper -Property:- (S-;c~~dReading and Public Hearing
scheduledfgr April 21, 2009L(~p'al Planner Rumer) _ _ _ _
The proposed Annexation and Initial zoning of the Hopper property was reviewed at a Public Hearing by the
Planning and Zoning Commission on March 10,2009. The Planning & Zoning Commission voted unanimously
to recommend approval of the Annexation and Rezoning of the +/- 1.24 acre parcel of land known as the
Hopper Property located at 240 E. Silver Star Drive.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the Annexation and Rezoning Ordinances.
Mayor Vandergrift announced the second reading and Public Hearing will be held on April 21,
2009 at 7: 15 p.m. or as soon thereafter as may be heard.
;9. First Reading -O'f,(frdinance lor Silver Ridge Crossing ':-Rezoning Ordinance. (Second
L Reading and Public Hearing scheduledfgr A12.ril21, 2oo9L(frincinal Planner Fabre)_ ____ _
The Silver Ridge Crossing property is located on the northeast comer of Silver Star Road and Ridgefield
A venue. The subject site is approximately 1.7 acres in size and is currently undeveloped, vacant and sparsely
covered with a mixture of Golden Raintree, Palms and Oaks. The Applicant/Owner requests a "Planned Unit
Development" (PUD) zoning in order to create a mixed-use commercial development. Therefore, the
applicant/owner has submitted a Land Use Plan for the PUD rezoning and a Small-Scale Site Plan for
construction of a 13,515 square feet commercial building.
City Attorney Rosenthal read the title of the rezoning Ordinance.
Mayor Vandergrift announced the second reading and Public Hearing will be held on April 21,
2009 at 7:15 p.m. or as soon thereafter as may be heard.n
Page 5 of 13
City Commission Regular
April 7,2009
~10-:-First Reading of Ordinance for Fountains West - PUD Land Use Plan Amendment
I Ordinance. (Second Reading and Public Hearing scheduled for April 21, 2009) (principal Planner;
Fabre)__
The Fountains West PUD was originally approved by the City Commission on Decembe; i9~006. Th~ PUD
encompasses approximately 43 acres in size and is generally located on the northeast comer of the intersection
of West Road and Ocoee-Apopka Road. The Fountains West PUD subdivision consists of eight lots of which
Lot 6 is the recently constructed Publix Shopping Center. As of this date, lots 1 (Sun Trust Bank) and 3 (Fifth
Third Bank) are in the process of completing construction. Lot 2, approximately 1.14 acres in size, currently
remains undeveloped.
City Attorney Rosenthal read the title of the Land Use Plan Amendment Ordinance.
Mayor Vandergrift announced the second reading and Public Hearing will be held on April 21,
2009 at 7:15 p.m. or as soon thereafter as may be heard.
I I. PUBLIC HEARINGS- SECOND READING OF ORDINANCES
I - .. - .. -.. - - - - -- - .. - - . - .. - - - -... ·
.11. Approval of Ordinance Controlling Loud, Unnecessary or Disturbing Noise. (Advertised
in the Orlando Sentinel,J&gal Classified on Thursdqx, March 26, 2009L (Police Chief Brown)
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.
City Attorney Rosenthal read the title of the ordinance.
Chief Brown stated that staff recommend the Mayor and Commission adopt this ordinance.
Mayor Vandergrift stated that an email from Jeff Martin with some suggested changes that
might be worth looking at. Commissioner Hood clarified that we could make some changes to
the ordinance and still adopt it tonight.
Commissioner Hood said that he agrees on Section 113-6(E) (1) that should be changed from
50 feet to 25 feet for the motor vehicles to stay consistent with state laws.
He said the other items on Mr. Martin's list, the neighbors playing cat and mouse, etc. would be
handled by the police department. There was discussion about certain things being civil matter
that would have to be resolved in court. Hew clarified that fireworks are covered under state law
and don't need to be addressed in this ordinance. Chief Brown said if it were added to this
ordinance it may make it easier to deal with it as a local ordinance rather that a criminal offense.
City Attorney Rosenthal said he would look into what is in the ordinance. Commissioner
Hood added that he agrees with the time frame from 12 a.m. to 7 a.m. and does not think it
should begin earlier in the evening. Commissioner Johnson said the HOA people tonight asked
him about Section 113-6(c), if it is a gated community can it affect that. Chief Brown said if
they are violating the law it can be enforced; they have to be invited into the community, which
they are by the complainant calling. City Attorney Rosenthal said with respect to the road, it
would not be public right of way so 113-6(E)(I) regarding private vehicles it may not be
enforceable unless there is a traffic agreement. He suggested adding "or private roads where a
traffic enforcement agreement exists"
Commissioner Keller asked if they should consider a different time frame for weekdays as
opposed to weekends. Chief Brown said this ordinance allows for enforcement of loud noise
issues 24 hours per day. City Attorney Rosenthal said, in Section 113-5 it is unlawful to make
any nuisance noise. Commissioner Keller said it will need to be enforced consistently
Mayor Vandergrift opened the Public Hearing.
Page 6 of 13
City Commission Regular
April 7,2009
R. P. Monacky, 1820 Prairie Lake Blvd, questioned how this type of ordinance could be
enforced. Chief Brown said there is language that deals with disturbing the peace of others, so
if you are making noise that can be heard by others you would be subject to a complaint. He said
this is going to be complaint driven they will not be out looking for noise. Mr. Monacky noted
that this item did not appear to be under Public Hearings on the Agenda even though it was
advertised as a Public Hearing and he was allowed to speak on the matter.
Commissioner Hood. seconded by Commissioner moved to adopt on second
readina Ordinance No. 2009-010 Controllina Loud. Unnecessary or Oisturbina
Noise in the City of Ocoee. with amendments to Exhibit A of the ordinance as
follows: 113-6 Additional Noise Prohibited (E) Motor Vehicle Noise (1) Any motor vehicle
on a public right-of-way, highway, public space, or on a private road with a traffic
enforcement agreement with the City of Ocoee, if the sound generated is audible at a
distance of 25 feet from the device producing the sound. Motion carried 5-0.
The ordinance as adopted on second reading carried the following title:
ORDINANCE NO. 2009-010
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW
CHAPTER 113 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE
RELATING TO LOUD, UNNECESSARY OR DISTURBING NOISES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
12~ Approva'iOfonifnance Adopting a New Article lIof Chapter 124 of the Code o~
Ordinances of the City of Ocoee entitled, Smoking Prohibited in Portions of
Recreational Property. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, March 26,1
_2009L~arks and Recreation Director Hay~ __ _ __ _
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.
City Attorney Rosenthal read the title of the ordinance.
Parks and Recreation Director Hayes said he was directed by Commission to research what
other cities are doing with regard to prohibiting smoking on city property and to bring an
ordinance forward.
City Attorney Rosenthal stated that there is an Attorney General Opinion in 2005 which
interprets 386.209 of the FS which suggests that this subject matter has been pre-empted by the
State of Florida. In considering that they tailored the ordinance to apply to city-owned property
only so we are acting as the property owners who have the right to tell people what they can or
can't do on our own property. He feels that this will create a distinction from a more general
Page 7 of 13
City Commission Regular
April 7, 2009
ordinance that applies to all public areas. Commissioner Johnson asked how we would
enforce this when we have our own staff smoking in these areas. Commissioner Hood said
that the City Manager will have to enforce it.
Commissioner Hood said the spirit of this ordinance is to protect the children from being
subjected to second hand smoke. Assistant City Manager Croteau said if the ordinance is
adopted it will be enforced; if there have been issues going on that have not been addressed we
will look into it. Director Hayes added that this ordinance would allow him to designate
smoking areas that are away from visible areas.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Hood. seconded by Commissioner Keller moved to adopt on
second readinQ Ordinance No. 2009-011 approvinQ a section of New Article II of
Chapter 124 of the Code of Ordinances of the City of Ocoee entitled. SmokinQ
Prohibited in Portions of Recreational Property. Motion carried 5-0.
The ordinance as adopted on second reading carried the following title:
ORDINANCE NO. 2009-011
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW ARTICLE
II OF CHAPTER 124 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE
ENTITLED, SMOKING PROHIBITED IN PORTIONS OF RECREATIONAL
PROPERTY; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE
CIRCUMSTANCES UNDER WHICH SMOKING IS PROHIBITED ON
RECREATIONAL PROPERTY OF THE CITY; PROVIDING FOR THE POSTING OF
SIGNS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
'13.-Xmwxati'ODand Rezoning of West COioniai'Parcel (aka Walia-Property). (Advertis~d in thei
~ Orlando Sentinel, Legal Classified on Thursday, March 5, 2009) (Senior Planner Howell) (Continue'"
_!!,om the March 17. 2009,JdfJ!. Commission Meeting),. _ _ _ ___
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
This item was postponed indefinitely to a future agenda.
I J. REGULAR AGENDA
~ --- -- - ------ ------ -- ~ - - - -
14. District 1 Fire Station Discussion. (Assistant CitY. Manager Croteau) __ _ _ ~
The addition of a fourth fire station to service the northern portion of the City was discussed during the FY09
budget process. A permanent station is estimated at approximately $3 million to build with on going annual
operational costs of approximately $1.5 million. A temporary station is estimated at approximately $753,000
with annual operating costs approximately $670,000. Both scenarios assume the station would be located on
property already owned by the City. During the budget process Commission discussed implementing the Fire
Rescue Assessment Fee to help fund the construction of a permanent station and acquisition of equipment for
the station. The current year's budget includes $340,000 for a temporary station, to be opened later in the fiscal
year.
Page 8 of 13
City Commission Regular
April 7,2009
Finance Director Horton gave a PowerPoint presentation with regard to the budgetary issues of
a fourth fire station. After a lengthy discussion, the consensus of the Commission was that funds
were not available in the budget to move forward with a temporary or permanent fire station at
this time.
Commissioner Hood moved to place the $340.000 that was budaeted for the
temporary fire station into a separate fund. the Capital Proiects Reserve Fund
specifically desianated for the fire station. Motion was temporarily withdrawn.
Commissioner Keller. seconded by Commissioner Wilsen moved to rescind the
motion made at the March 17. 2009 meetina reversina the decision to move
forward with the implementation of a temporary fourth fire station on the Roaers
property. Motion carried 4-1. with Commission Hood opposed.
Commissioner Hood moved to place the $340.000 previously budaeted for the
temporary fire station into the Capital Proiects Reserve Fund. specifically
designated for the fire station. providina that revenues come in as expected for
the remainder of the year. Motion carried 5-0.
Commissioner Hood said he expects the City Manager to be look at adding funds to that kitty
for the FY 2009/2010 budget year.
Mayor Vandergrift asked if we need to have a motion on the fire free. City Attorney
Rosenthal said it does not need a motion, but it is fair to say staff will not bring it back unless
commission requests that it be brought back.
Mayor Vandergrift said that he read that Orange County or Orlando got a grant to cover an
entire fire station. Assistant City Manager Croteau said that grant is not open yet, but we are
checking it regularly. There was discussion about the lobbyist.
I} 5-. A.pprovai to Apply for COPS Hiring Recovery Progra-m (CHRP) Grant. (poiice Chief.
Brown)____ _ ___ ~__~_
The COPS Hiring Recovery Program (CHRP) is a competitive grant program designed to address the full-time
swom officer needs of state, local, and tribal law enforcement agencies nationwide. CHRP provides funding
directly to law enforcement agencies to hire new and/or rehire career law enforcement officers in an effort to
create and preserve jobs, and to increase their community policing capacity and crime-prevention efforts. The
Ocoee Police Department wishes to apply for funding to hire four police officers.
Commissioner Keller. seconded by Commissioner Wilsen. moved to approve the
COPS Hirina Recovery Proaram Grant application. Motion carried 5-0.
n 6. AP.I~ointment of CommisSiOii Liaison to V ariou-s Boards. (Ci!y~lerk .EikenberiYl_ _ _
Mayor Vandergrift. seconded by Commissioner Hood moved to appoint Scott
Anderson to the Airport Authority Board to continue his membership as a
resident. Motion carried 5-0.
Commissioner Keller. seconded bv Commissioner Hood. moved to appoint
Commissioner Johnson to the West Oranae Health Alliance. Motion carried 5-0.
Mayor Vanderarift. seconded by Commissioner Hood. moved to appoint
Commissioner Keller to the West Tri County Leaaue of Cities. Motion carried 5-0.
Page 9 of 13
City Commission Regular
April 7,2009
Mayor Vanderarift. seconded by Commissioner Johnson. moved to appoint
Commissioner Keller to the MetroPlan Advisory Committee. Motion carried 5-0.
Mayor Vanderarift. seconded by Commissioner Johnson moved to appoint
Commissioner Wilsen to the Human Relations Diversity Board as the ex-officio
member. Motion carried 5-0
After the motions were made the assignments to the boards were as follows:
West Orange Health Alliance - Commissioner Johnson
Tri-county League of Cities - Commissioner Keller
West Orange Airport Authority - Scott Anderson
West Orange Chamber of Commerce - City Manager Frank
MetroPlan Advisory Committee - Commissioner Keller
Human Relations Diversity Board - Commissioner Wilsen
CACOPD- Commissioner Johnson (no change)
CACOFD-Commissioner Keller (no change)
Parks and Recreation Advisory Board- Commissioner Hood (no change)
Personnel Board - Commissioner Hood (no change)
Charter School Board - Commissioner Keller (no change)
j17. City Commission Acceptance and AuthorizatloMri to File the Amiexation -and Feasibility
Report for Rose Hill Subdivision Phase 2 & 3 to Orange County Board of County
Commissioner. (princip.al Planner Rumer) _ _ _ ___ _ _
The City of Ocoee will hold a referendum vote for annexation in latter 2009 to annex Phases 2 & 3 of the Rose
Hill subdivision. The City is responding to a request for annexation from the Home Owner Associations for
Phases 2 & 3. This report will show that proposed annexations within the Rose Hill Phase 2 & 3 Study Area
meet the requirements for annexation as outlined in Chapter 171 of the Florida Statutes. The annexation study
area consists of :1:80.68 acres of land containing 244 existing single-family dwellings.
Principal Planner Rumer introduced the item and explained this report has to be filed with
Orange County.
Mayor Vanderarift. seconded by Commissioner Keller. moved to accept and
authorize the filina the Annexation and Feasibility Report for Rose Hill
Subdivision Phase 2 & 3 to Oranae County Board of County Commissioners.
Motion carried 5-0.
IEmergency Item - Approval and Auihorizatioofur the mayor to execute Change Order - .
roo 2 for the Pioneer Key II Rehabilitation project, and to authorize the funds required to
.imnlement the ch!!!!ge order. _ _ __u__ ___
CIP Manager Butler said we are closing out our Pioneer Key II Rehabilitation project and need
to reconcile the installed quantities relative to the bid quantities. The final change order would
allocate $21,000 of someone else's money, funded by the CDBG program.
Mayor Vanderarift. seconded by Commissioner Johnson. moved to approve
Chanae Order No. 2 for the Pioneer Key II Rehabilitation proiect per staff
recommendations. Motion carried 5-0.
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City Commission Regular
April 7,2009
Mr. Butler said the residents of Pioneer Key are so excited about the completion of this project,
they want to host a lunch for the City staff and contractors involved in this project on May 2,
2009 from llam-2pm, and cook their native foods for everyone to enjoy. He said county
officials will be visiting next week from to do a similar project in Pioneer Key 1 in conjunction
with CDBG.
I K. COMMENTS FROM COMMISSIONERS
Mayor Vandergrift briefly announced that the State is getting ready to impose a fee on anyone
who has a septic tank. The fee ranges from $7,000-$20,000 for a new system to be put in place
should the existing septic tank go bad. He said he would like for our staff to look really hard at
expanding our sewer system.
com'Diissloner Hood -. 1) inquired from Public Works Director Krug as to what the resurfacing
schedule is for the Wild Fern corridor. Public Works Director Krug said he has been told
several times that it would be two weeks. They are working really hard to get the contractors to
be done in the two weeks that they keep promising. If they are not done in the two weeks he will
come before the Commission for direction. Mayor Vandergrift inquired about resurfacing done
in Windstone subdivision. Public Works Director Krug advised him the City did re-do a small
section that was not structurally sound before the damage got into the base. 2) Commissioner
Hood inquired if the landscaping on Silver Star Road is going to be irrigated. Public Works
Director Krug said it would be irrigated with drip irrigation on the trees.
Commissione-r Wusen - Commissioner Johnson briefly announced that on Montgomery Road
leading to the Roadhouse Grill, cinch bugs have eaten all that landscaping. It is believed that it
may be the Homeowner's Association responsibility to maintain that grassy area.
Commissioner Hood commented that he was told the HOA fees for the Ashton Development
right near the Roadhouse Grill has been doubled. Commissioner Wilsen said that she is trying
to reach out to HOA's to inform them about what is going on with Orlando Avenue/White Road
with the poles going up. City Engineer Wheeler said that Progress Energy Distribution will be
starting their work in that area on Monday, April 13th. They will be going through and removing
25 poles and placing new concrete poles. City Engineer Wheeler said to his knowledge they
are not proposing to close the entire road down. Commissioner Wilsen said she would like a
count of how many poles will be going up to replace the 25 poles that are coming down. City
Engineer Wheeler said he believes it will be 20 new poles. A brief discussion ensued regarding
the replacement of the poles. Commissioner Wilsen said she is not happy with the big cement
poles and neither are many residents that live in that area.
~omniissioner -Johnson - 1) inquired if a "Welcome to Ocoee" sign could be placed on
Franklin Street coming from Winter Garden entering Ocoee. Public Works Director Krug said
that the area he is referring to is a state right-of-way and they do not allow anything to be placed
in their right-of-way. 2) inquired why the HOA has not been paid at Wesmere for the garbage
spill. Assistant City Manager Croteau said she has spoken to Risk Manager Camicella and the
quote that came in was a bit high and he was waiting for City Manager Frank to return from
vacation so he could speak with him. Commissioner Johnson said he feels that we are
procrastinating. Assistant City Manager Croteau said they could sit down with Risk Manager
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City Commission Regular
April 7,2009
Camicella tomorrow. 3) said the annual Lion's Club Golf Tournament is May 2, 2009, and
would like to purchase a sponsorship and foursome as they have in the past. The sponsorship
fee is $400, which includes $150 for hole sponsor with a sign and $250 for a foursome.
Commissioner Johnson. seconded by Commissioner Keller. moved to purchase a
foursome and hole sponsorship in the amount of $400 for the Lion's Club Golf
Tournament to be taken from Commission Continaency. if not already budaeted.
Motion carried 5-0.
M!yor 'yandergrif! - 1) said it is his understanding that the Recreation Department has taken
over the mowing of the road's right-of-way. Public Works Director Krug said it is Valley
Crest Landscaping who does the mowing; however, the Parks Department is administering that
portion of the contract. Mayor Vandergrift said that mulch needs to be put around the plants on
Clarke Road and they need to get the water working correctly. There is no reason for the trees to
be dying. A brief discussion ensued regarding inspection of the irrigation in the Clarke Road
area. 2) said there were some trees that were put around the pond behind the Old Time Pottery
and he noticed that one of the trees is down because of the braces never being removed.
Commissioner Johnson quickly commented that a citizen had suggested to him that they should
plant orange trees in some of the parks. He further asked Parks and Recreation Director Hayes to
check into doing this. Mayor Vandergrift suggested they put Confederate Jasmine on all the
chain link fences around the retention ponds.
Comnilssioner KelleI; - 1) reminder the Ocoee High School Chorus and Drama Showcase is
Monday at 7 p.m. and admission is $5.00. 2) inquired from Police Chief Brown if they could
have radar patrol coming into Sawmill subdivision and Orchard Park subdivision. He also
inquired about speed tables being put in the entrance of Sawmill. Public Works Director Krug
said they did the traffic calming study for Sawmill and they were way over the limit for traffic
for qualifying for speed tables. The volume is over the limit so it is considered too much of a
major road to warrant a speed table. Commissioner Hood announced that the Ocoee High
School Lacrosse team is finishing up and they are now playing districts.
May'or V a~gDft - reminded everyone about the food preparation on Saturday at the Ocoee
Highs School for food distribution for Sunday morning.
I ADJOURNMENT
The meeting adjourned at 10:12 p.m.
Attest:
APPROVED:
City of Ocoee
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