05-05-09
MINUTES
OCOEE CITY COMMISSION
May 5,2009, 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, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Wilsen. 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
Mayor Vandergrift wished everyone a Happy Cinco De Mayo. He also read an email tribute to
mothers in celebration of upcoming Mother's Day.
Presentation of Park Benches for Ison Center - Lions Club Member Sills
Lions Club President Cathy Sills presented a check to Parks and Recreation Director Hayes for
$2400 for park benches outside of the Ison Center. She said Hartell Bowness, a long standing
member of the Lions Club, created a Foundation benefiting the Lions Club before he passed
away and said they would like to place a commemorative plaque on these donated benches in his
honor.
Lester Dabbs - West Orange Reconciliation Task Force
Lester Dabbs addressed the Commission with regard to the abandoned Negro cemetery. He
said they raised about $7000 and then they had some difficulties completing their plans due to
lack of a quorum with the loss of member James Fleming. He introduced Pastor Scott of the
Church of Jesus Christ and Latter Day Saints who has volunteers in his church of 75-100 people
that can help to get this project going again. He stated the volunteers want to do a landscape
project. After the next meeting they will have a landscape plan which they will present to the
Commission. He said he wants to work with the City on this project and asked what the city's
plans were. He said previously the Task Force received $2500 from the City toward this project.
There has been an annual recognition day of reflection, prayer, and speakers at the site and he
thanked the city staff and Ocoee Oaks Methodist church for assisting in making that happen. He
said there may be 35-60 graves in the historical black cemetery. He said they are trying to raise
money for fencing to keep people from using it as a pass through area. There is a sign on the
premises stating it is sacred ground, but it is ignored. He said if the City can find some money at
budget time toward this restoration effort he would appreciate it. He said any irrigation he will
personally pay for and make another $2000 contribution to this effort. He asked if anyone else
can afford to contribute to this project, please do so. Pastor Scott said he would be willing to
put forth the labor and some money to the landscape project, or fencing, or whatever everyone
agrees is the highest need.
Mr. Dabbs said there is a problem with an easement in the area behind the football field; there
was talk in the past about moving the parking and closing off the cuI de sac. He said it is time to
City Commission Regular
May 5, 2009
do something toward making that a sacred place again. Parks and Recreation Director Hayes
said it is a part of the Master Plan, they were going to wrap the parking around so it would
not infringe on the cemetery. Commissioner Hood said Mr. Hayes should work with Mr.
Dabbs to get it through the budget process, and to see what can be done to expedite getting it
cleaned and fenced in the mean time. Pastor Scott, who also an attorney, said he will be happy
to help with the easement issues.
Mr. Dabbs added that getting the identification of graves would be difficult, there has been a lot
of vandalism in the past and the only preserved headstone is one that he is holding in a safe
place. That headstone may be used as a reflective area for all who are buried there.
Without obiection, the consensus of the Commission is for the West Oranae
Reconciliation Task Force and the Jesus Christ and Latter Day Saints work with
the Parks and Recreation Department to coordinate the proiect and brina back
reQuests to the City Commission.
~ Municipal Clerk's Week - May 3 - 9,2009
~ National Water Safety Month - May 2009
I C. COMMENTS FROM CITIZENS/PUBLIC - none
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank 1) said there is an emergency item regarding a Byrne Grant. Mayor
Vandergrift said to go ahead with the item at this time.
Emergency Item - Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG)
application.
The Mayor declared the item an emergency.
Mayor Vanderarift, seconded by Commissioner Hood, moved to authorize the
Ocoee Police Department to apply for the arant in the amount of $73,135.00.
Motion carried 5-0.
City Manager Frank added that it is a no match grant for computer software for use with
computers in the police vehicles.
2) said that the revised copy of the Charter Review Commission Report on the dais is only
different from the distributed copy in that is now has been page numbered.
3) Colony Plaza update - stated that the implosions of the buildings are set to occur this
Saturday, May 9, 2009 at 7:15 am. State Road 50 and Maguire Road will be shut down from
7:00 am until after the dust from the implosion has settled. Any Commissioners that need VIP
passes to the viewing area should speak to his staff.
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May 5, 2009
4) Pioneer Key II Picnic- said it will be held also this Saturday, from 11 :00 am - 2:00 pm at
Palm Park. Residents are sponsoring this event to show appreciation for all the work the City did
with the paving, drainage and new park. Commissioner Johnson will be cooking the hot dogs.
Mayor Vandergrift asked that an email reminder be sent.
5) Best Fest- West Orange Chamber is holding their annual Best Fest Thursday, May 14,2009,
at 5:30 - 8:30 p.m. at Best Buy in Fowler's Grove.
I E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood 1) Ocoee Bull Dog registration will be held on Saturday May 9 for return
players, open registration is May 30, 2009. 2) Ocoee High School, last running of the play
"Joseph" and Principal Armbruster is making a stage debut; it will be May 7, 8, and 9, at 7:00
p.m. 3) said Ocoee Police Department SAFE self-defense class will be held for Woman Only
(over 13 years of age) at West Oaks Mall Community room on Saturday May 23, 2009 at 9:00
a.m. Contact Ms. Turner at the Police Dept. for further information. 3) thanked the Lions club
for the Community Booth at the fair; it was well done.
Commissioner Wilsen 1) thanked Parks and Recreation for the great job on Saturday with
"Movies in the Park." She added that if the turnout continues to be this good they will need a
bigger screen so the people in the back can see it. Parks and Recreation Director Hayes said
they have been looking into that because the projector they have is able to handle a much larger
picture and still maintain clarity. Commissioner Hood said you can use plywood, painted white
that can be bolted together and reused each time. Mayor Vandergrift asked when the first
Dive-In Movie will occur; he advised that it would be sometime in mid May, he will announce
the date.
Commissioner Johnson 1) said the Lions Club Golf Tournament on Saturday was a successful
event. They also had Relay for Life at the High School and the Big Orange Games this weekend.
3) said they need to allow staff to move forward with a sign on the Lake that backs up to the
street announcing the Bill Breeze Park area. There is also electrical work that needs to be done.
Cost is approximately $5000 for the sign and $2500 for the electrical. Mayor Vandergrift said
he would like to see a rendering of what he described. He would also like to consider white
twinkling lights in the trees. City Manager Frank said they also want to place brick planters
around the trees with a cement cap, in the next face. The sign would match that style and it
would be placed first at the corner of Lakeshore and Oakland; then planters would be placed next
year if there is money budgeted for it. Mayor Vandergrift said he would like to expedite
getting those culverts fixed because they were not installed correctly for a park environment.
Commissioner Johnson, seconded by Commissioner Keller moved to approve
the fundina for the sian and electrical work at Bill Breeze Park in the amount of
~7500 from the continaency fund. Motion carried 5-0.
4) Commissioner Johnson asked if they have noticed the ugly chain link fence that the School
Board just placed around Ocoee Middle School. Consensus of the Commission was that
it was an eyesore and directed staff to write a letter to the County advisina them
of their objections.
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May 5, 2009
Mayor Vandergrift added that the School Board just passed approval for billboards to be placed
on school property for the revenue. The school board said they would not violate any city laws.
He also discussed making retention ponds passive parks; we have some in the City that are very
large two-lot ponds.
Commissioner Keller 1) congratulated the Drama Club from Ocoee High School who did very
well in state competition. 2) Ocoee High School play "Joseph and the Amazing Technicolor
Dreamcoat "will be May 7, 8, and 9. 3) congratulated all the kids who will graduate in the next
few months. 4) said Happy Mother's Day to all the moms
Mayor Vandergrift said the Sam Woodson called in and left a message that while we are
discussion cemeteries, we should look into improve the Ocoee Cemetery. He said the roads look
good but there is much more that can be done.
I F. CONSENT AGENDA
Commissioner Johnson said he would like to pull Item #5 for discussion.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
consent aaenda items 1-4, and pullina Item 5 to be heard separately. Motion
carried 5-0.
1. Approval and Acceptance of the Regular City Commission Minutes of April 21, 2009.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Appointment to the Citizen Advisory Council to the Fire Department. (City Clerk
Eikenberry)
Members of the CACOFD serve three-year terms. Currently the CACOFD has nine (9) members and their
resolution allows no less than fifteen (15) members and no more than twenty-five (25) members. One
application was received from Mr. Keith Carrington with interest in serving on the board.
Approved on Consent. Motion carried 5-0.
3. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks and Recreation Advisory Board serve two-year terms. Currently the board has eight (8)
members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of
nine (9) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff
recommends the City Commission consider appointing Herbert W. Watring to the Parks and Recreation
Advisory Board with a term ending October 20 II.
Approved on Consent. Motion carried 5-0.
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May 5, 2009
4. Approval of Change Order to State Road 50 Forcemain Service Relocation Project
from CPH Engineers, Inc. (Utilities Director Smith)
The Lift Station #7/S.R. 50 Forcemain Project is nearing completion and the existing forcemain will have three
private connections still utilizing the main. The forcemain is to be taken out of service with the widening of
State Road 50. It is Staff's recommendation to undertake the design and permitting of the re-routing of the
private connections so as to completely take the main out of service more promptly. This is the same forcemain
that has failed numerous times and will remain pressurized as long as the main remains in use. CPH Engineers
was selected and awarded a contract to provide the design and coordination of the relocation of all City utilities
for the State Road 50 Widening Project, which includes the forcemain. Staff is recommending a Change Order
to the design work to obtain two additional FDEP permits, two FDOT permits, and create a separate set of
biddable plans. When the work is completed, staff will negotiate a third construction change order with GWP
to cause the re-routing
Approved on Consent. Motion carried 5-0.
5. Approval of Ocoee Identity Theft Detection and Prevention Program. (City Attorney
Rosenthal)
The FACT Act was signed into law on December 4, 2003, in an attempt to improve the accuracy of customer
reports and to help prevent identity theft. "Red Flag" rules implementing the FACT Act were issued on
November 9,2007. The Red Flag rules require municipal utilities to develop and implement a written Identity
Theft Prevention Program to detect, prevent and diminish identity theft in connection with the opening of
certain accounts and certain existing accounts. Compliance was initially required by N ovem ber I, 2008, and
extended to May I, 2009.
Removedfrom the Consent Agenda and voted on separately.
After a brief discussion with regard to the reason for the time delay between the original
approval and implementation, a motion was made to support.
Commissioner Johnson, seconded by Commissioner Wilsen moved to approve
the Ocoee Identity Theft Detection and Prevention Proaram as presented by staff.
Motion carried 5-0.
I G. FIRST READING OF ORDINANCES
6. First Reading of Ordinance for 325 Lee Street - Rezoning Ordinance. (Second Reading and
Public Hearing scheduledfor May 19,2009). (Senior Planner Howell)
The subject property is located at 325 Lee Street. It is approximately 0.29 acres or 12,632 square feet in size and
is zoned R-I (Single-Family Dwelling). The property is vacant except for several scattered invasive species of
trees. The applicant is requesting a rezoning of the property to a designation of C-2 (Community Commercial)
to permit the construction of a commercial office building with additional lease space for future tenants. The
Future Land Use Map designates the property as Commercial.
City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift
announced the second reading and public hearing will be held May 19, 2009 at 7:15 p.m. or as
soon thereafter as may be heard.
7. First Reading of Ordinance Amending Chapter 168 Police Infraction hearing Board
and Traffic Light Safety Article. (Second Reading and Public Hearing scheduledfor May 19, 2009).
(Police Chief Brown)
The City of Ocoee is amending Ordinance Chapter 168 Police Infraction Hearing Board and Traffic Light
Safety Article regarding powers and procedures of the board; processing and noticing of appeals; allowing the
use of on-line reporting and electronic signatures; and authorizing and collecting late fees, administrative fees,
and fines up to the State level should the State of Florida adopt a higher fme than the City for red light camera
violations.
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City Commission Regular
May 5, 2009
City Attorney Rosenthal read the title of the ordinance amending chapter 168. Mayor
Vandergrift announced the second reading and public hearing will be held May 19,2009 at 7:15
p.m. or as soon thereafter as may be heard.
I H. PUBLIC HEARINGS
8. Pre-Annexation Agreement for East Crown Point Industrial Park. (Not a Public
Hearing but needs to be heard before Item #9). (Principal Planner Rumer)
The proposed East Crown Point High Tech Industry PUD is a proposed Annexation, Large Scale Land Use
Amendment, PUD Rezoning and PUD Land Use Plan near the Ocoee border with the City of Winter Garden. In
order to abide by the Joint Planning Area Agreement (JPA) with Orange County and proceed with the project, a
proposed 16th Amendment to the agreement is proposed under a separate cover. The City of Winter garden has
expressed reservations regarding the proposed JP A Amendment and development. The reservations from the
City of Winter Garden have been addressed by the proposed Pre-Annexation Agreement between the City of
Ocoee and the fee simple owners of the East Crown Point High Tech Industry PUD parcels. The City of Winter
Garden is a third party beneficiary to the Agreement and has enforcement rights. However, they are not a direct
party to the Agreement.
Principal Planner Rumer introduced the item.
Commissioner Hood. seconded by Commissioner Wilsen. moved to approve the
Pre-Annexation Aareement for East Crown Point Industrial Park as presented by
staff. Motion carried 3-0. with Commissioner Johnson and Mayor Vanderarift
away from the dais.
9. 16th Amendment to the Ocoee/Orange County/Joint Planning Agreement. (Advertised in
the Orlando Sentinel, Legal Classified on Thursday, April 23, 2009) (Principal Planner Rumer)
The area proposed to be added to the City ofOcoee-Orange County Joint Planning Area (JPA) encompasses the
collection of three parcels known as the proposed East Crown Point High Tech Industry PUD. The subject
property is located on the north side of Palm Drive on the west side of SR 429 (Western Expressway) and the
east side of East Crown Point Road. The applicants propose to develop the 45.85 acres as a light industrial
PUD with a maximum floor area ratio of 0.6. In order for the proposed project to proceed with annexation, two
(2) of the parcels need to be brought into the JPA boundary and the JPA Future Land Use map needs to be
amended by designating all of the subject properties Light Industrial. One of the parcels is currently located
within the JPA and has a JPA Future Land Use Designation of Low Density Residential.
Principal Planner Rumer introduced the item.
Mayor Pro Tem Keller opened the public hearing. There being no one wishing to speak, the
PubliG Hearing was closed.
Commissioner Hood. seconded by Commissioner Keller. moved to approve the
16th Amendment to the Ocoee/Oranae County/Joint Plannina Aareement as
presented by staff. Motion carried 5-0.
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May 5, 2009
I I. REGULAR AGENDA
10. Discussion and Direction on Exclusive Commercial and Multi-Family Solid Waste
Franchise Agreement. (Public Works Director Krug)
The City requests Commission direction on the requirements for the Rates and Charges portion of the Exclusive
Commercial and Multi-Family Solid Waste Collection Franchise Agreement prior to requesting new proposals
from vendors. Two items requiring clarification are:
I. Section 14.C. Franchise Fee. The current 20% rate provides an average annual fee of approximately
$200,000.00. The ordinance was changed in 2006 to allow up to a 25% franchise fee. Increasing the fee to
25% would provide an annual increase of approximately $50,000.00.
2. Section 14.F. Donated services for religious institutions. Ocoee's commercial establishments currently
subsidize this donated service for the fourteen (14) religious institutions located in the City. The donated
service is currently valued at $498.84 annually per institution. If the service is to be continued, staff
requests clarifying the level of the donated service to be a 2 cubic yard dumpster collected once per week,
with additional requested service to be the incremental cost above the donated service. Neighboring
municipalities do not provide this donated service. Staff recommends discontinuing this free commercial
service.
Public Works Director Krug introduced the item and said there are a few items that we need
commission direction on before going forward with the RFP. 1) going from 20% to 25% on the
franchise fee which would raise the revenue approximately $50,000. 2) Donated services for
religious institutions. He stated if we are going to continue giving them donated services the
level of service should be defined in the contract as "2 cubic yard dumpster collected once per
week. "
Commissioner Keller, seconded by Commissioner Johnson moved to continue
the franchise fee at 20% and continue the donated services for reliaious
oraanizations clarifyina the level of donated service at one 2 cubic yard dumpster
collected once per week. Motion carried 5-0
11. Discussion on Charter Review Commission Report. (City Clerk Eikenberry)
On December 2, 2008, this report was presented to the Commission. At the request of the Mayor, review of this
report was delayed until an Attorney General Opinion could be sought with respect to Section C-20, Duties of
the Mayor. That Opinion was received and it has been requested that Report of the Charter Review
Commission be placed back on the agenda for consideration.
City Clerk Eikenberry introduced the item and stated that this report was originally presented
in December 2008; in was put on hold while the Mayor sought an Attorney General Opinion on
Section C-20 Duties of the Mayor. That opinion has been received and the report is back for
consideration again. Charter Review Commission Chair Jean Grafton informed the
commission that the board would very diligently on every section of the Charter to make it clear
and concise and she would appreciate the Commission's support to approve their
recommendations so that it can go to referendum.
There was discussion with regard to the Attorney General's opinion. Chair Grafton said her
understanding of the opinion was that cities can do anything they want to in their charter so long
as it does not conflict with state or federal law.
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May 5, 2009
Commissioner Keller pointed out some language in the election section that will have to be
changed because it can no longer take place at the March 2010 election since the referendum will
probably no occur until then.
City Attorney Rosenthal said the next step would be for the Commission to send it back to the
board to revisit certain areas, or if the Commission is going to accept it as presented, an
ordinance would be brought back defining the ballot for referendum election. He said it can be
brought to referendum vote in different pieces.
Commissioner Wilsen asked what happened to the discussion with regard to exp going to
six districts, therefore expanding the City Commission. She said it seemed that the board was in
favor of that on the night that she was there. Commissioner Johnson and Commissioner Keller
agreed that in seemed the board was leaning in that direction. City Clerk Eikenberry advised
that item was brought up for discussion many times and in the end they decided not to
recommend expanding to more districts. She said she will research the minutes to find out what
discussion occurred with regard to that decision.
City Attorney Rosenthal read a portion of Section C-59 of the Charter with regard to the report:
... the City Commission shall accept or reject the recommendations contained therein, or the
City Commission may send such report back to the Charter Review Commission for further study
and consideration. Any proposed Charter amendments accepted by the City Commission shall be
adopted by ordinance and submitted to the electors of the city for consideration no later than the
next general municipal election or at a special election called by the City Commission for such
purposes.
City Attorney Rosenthal asked if this is something they want to send back to the Charter
Review Commission or just reject it. Discussion followed.
Commissioner Wilsen said she is not in favor of a special election because of the cost.
City Attorney Rosenthal stated that if this went on the March 2010 election ballot, it would not
be effective until 2012 because 2011 is an off year where there is no election. He suggested they
send this back to the Charter Review commission, as long as there is not going to be a special
election there is ample time.
There was discussion with regard to timing; the report did not make it on the 2009 election ballot
as intended and some of the language would have to be changed. There was also discussion
about the 2010 Census requiring the Redistricting Commission to reconsider boundary lines
based on population and how adding more districts would cause that Board to meet sooner than
normal.
Commissioner Johnson, seconded by Commissioner Wilsen moved to accept the
report of the Charter Review Commission, with the exception of the issue of
increasina the Commission from 5 to seven members, and directed the Board to
revisit this issue. Motion carried 4-0 with Mayor Vanderarift away from the dais.
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City Commission Regular
May 5, 2009
12. Approval of West Orange Narcotics Task Force Agreement Renewal. (Police Chief
Brown)
The current West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the
Winter Garden Police Department expires April 30, 2009. The new agreement shall take effect on May 1,2009,
and shall continue in full force and effect through December 31, 2012.
Commissioner Johnson seconded by Commissioner Hood moved to approve the
renewal of the West Oranae Narcotics Task Force Aareement. Motion carried 3-0
with Commissioner Johnson and Mayor Vanderarift away from the dais.
I J. COMMENTS FROM COMMISSIONERS
Commissioner Hood - 1) thanked Officer Dresher for being at the Commission meetings, 2)
asked Public Works Director Krug where the paver was; he advised they will be there in
approximately two weeks and the residents will be re-notified. 2) asked Mr. Krug if he was
familiar with the hole on Adair Street, it appears to be a wash out; he advised that he was not but
would look into it. 3) wished everyone a Happy Mother's Day
Commissioner Wilsen had no comments
Commissioner Johnson 1) asked about the poles along White Road and how many there would
be. City Manager Frank said that 48 poles were coming out, those will be replaced plus they are
adding 12 more. Commissioner Wilsen said they look horrible. She said additionally it appears
that wheelchairs won't be able to go around them. City Manager Frank said they will get that
corrected. 2) asked Fire Marshall Stanley about all the code violations in the Ashton Park area;
he stated that he will be looking at the whole area with Jamie on Thursday to see what can be
done.
Mayor Pro Tern Keller wished everyone Happy Mother's Day.
Mayor Vandergrift - away from the dais.
I ADJOURNMENT
The meeting adjourned at 9:02 p.m.
Attest:
APPROVED:
City of Ocoee
J~/)O-'/~ A-
S. Scott Vandergrift,~aYOr
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