Item #01 Approval of Minutes
MINUTES
OCOEE CITY COMMISSION
December 15,2009, at 7:15 P.M.
5:45 P.M. - Ocoee Middle School Jazz Band performed.
6:30 P.M. - Presentation of Christmas Parade Awards - Ocoee Lions Club
REGULAR CITY COMMISSION MEETING
7:15 P.M.
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 Hood. 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, Acting City Manager Croteau
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation of Check to the Rotary Club for Founder's Day - postponed
Presentation of Retirement Chair to Fire Chief Richard Firstner. (Mayor Vandergrift)
This presentation was done during a breakfrom Item #5 when Firefighters could be present.
Ocoee Firefighter's Local 3623 Firefighter Combat Challenge Relay Team Presentation of
Awards of Appreciation to Crowne Consulting Group and Building Homes for Heroes.
(Firefighter Paramedic Corey Bowles)
This presentation was done during a breakfrom Item #5 when Firefighters could be present.
I C. COMMENTS FROM CITIZENS/PUBLIC - None
I D. STAFF REPORTS AND AGENDA REVIE'V
Assistant City Manager Croteau announced that with the upcoming holiday there will be no
trash pick on December 25th or January 15\ however, they will be doing recycling on January 1 st.
She further announced Item #8 which had stated would be continued to January 5th will actually
be heard on January 19th.
Assistant City Manager Croteau wished everyone a Happy Holiday!
I E. COMMISSIONERS ANNOUNCEMENTS
i!Qrnrtn:Si~rlTh' wished everyone a Happy Holiday!
~Ii1ItPssI~~WQbn%son wished everyone a Happy and Safe Holiday!
City Commission Regular
December 15, 2009
~~l1il6mI 1) wished everyone a Happy Holiday! 2) thanked the Ocoee Lions Club
and Rotary Club for putting together the Turkey Shoot this past weekend for Wayne Hurst. He
personally attended the event and enjoyed himself. 3) announced that he was out Thursday
night at Ocoee High School to watch the Ocoee Middle School band perform and it was
crowded. The performance was great!
I F. CONSENT AGENDA
Motion carried 5-0.
The Ocoee Fire Department currently have new hydraulic rescuc extrication equipment on all of the first run fire apparatus.
There are two (2) sets of old hydraulic tools in storage, slated for surplus and auction this year. Attempts were made to trade
in the old sets toward the purchase of new equipment, but were turned down by vendors due to the age of the equipment.
With proper maintenance and care the older equipment still operates.
There is a need for this equipment by the Central Florida Fire Academy to be used in the training of new and existing
firefighters enrolled in their extrication classes. This equipment would supplement their current equipment and be put to
good use. The auction sale of this surplus equipment would bring minimal revenue, and has limited use by the public.
Approved on Consent. Motion carried 5-0.
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On November 7, 2006, the Mayor and City Commission approved a 3 year Enterprise Agreement with
Microsoft through Software House International as the state contract holder. The term of the contract is up, and
the City has the option to renew for an additional 3 years. Renewal of the contract allows the City access to the
latest version of Microsoft applications, discounts for employee purchases, free technical support, free
professional services, and training.
Approved on Consent. Motion carried 5-0.
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Last January 1 st, the city entered into an agreement for legislative consulting services with Alcalde and Fay.
The contract term was for one year at a cost of $60,000 annually. Specifically, the firm was to assist the City
with public works, transportation infrastructure, water resources, and Federal appropriations and grant programs
administered by the Federal Government. Staff has worked with the firm over the past year and has items
pending for appropriations or grants including Wastewater Infrastructure Project/West Side Sewer Loop in the
Water Resources and Development Act of 2010 and the Wurst Road Extension in the TransportationlHighway
Reauthorization Bill.
The current agreement with Alcalde and Fay expires on December 31, 2009. Staff would like to enter into a
new agreement with Alcalde and Fay effective January I, 2010. The agreement would be the same rate of
$5,000/month or $60,000 annually. The contract can be terminated upon 30 days written notice, with or
without cause.
Pulled from the agenda and heard separately after Item #5.
Commissioner Hood asked about the expiration of the Gray Robinson contract.
City Manager Croteau said she believes that it is a three year contract that expires September
30, 2010; she would have to check the contract to see if it can be terminated early. He them
Page 2 of 11
City Commission Regular
December 15, 2009
confirmed that the Alcalde and Faye contract is month to month. Mayor Vandergrift asked if
this item can be brought back when we have that information. She said it can be brought back
January 5, 2010; however the reason they brought the Alcalde and Faye contract back right now
is because they have projects in progress on the Wurst Road extension, which is scheduled to go
before the Transportation Committee for the highway bill. She stated they also worked with
Grayson's office and Alcalde and Faye and they have submitted the West side sewer loop project
which is being called a Wastewater Infrastructure Project.
Commissioner Hood said the City needs money and he thinks we may not need two lobbying
firms at this time. He feels we are getting more done with Alcalde and Faye than we are with
Gray Robinson. He said he does not feel we need two lobbying firms with our current budget
constraints. He asked Public Works Director Krug how much we have budgeted for streets. Mr.
Krug stated there is $300,000 in the budget and a few projects on the wish list at this time.
Commissioner Hood asked City Engineer Wheeler to describe the issue in the Peach Lake
Manor Area. Mr. Wheeler explained why the utilities need to be brought out to the street and
the waterlines expanded to six inches to get better pressure to that area and improve ability to
fight fires.
Assistant City Manager Croteau said that we have a letter going out to residents in January and
construction would start in March. Mayor Vandergrift stated he read the draft letter and we
need to add that the size of their lines are going to be increased which will improve their service,
water pressure, fire prevention efforts it is not just the moving of the lines from the back to the
front.
Commissioner Hood named Baranova, Adeleide, Caballero, Little Spring Hill Drive as roads
that need to be looked at as far as resurfacing. He stated he would be more in favor of
eliminating one of the lobbying firms to free up $60,000-$70,000 so that we could move forward
with some of these resurfacing and water structure.
Mayor Vandergrift said that the staff can bring back more information in January.
Commissioner Hood said he would like the information brought back on Gray Robinson as
well. Assistant City Manager Croteau said they will do that.
Consensus of the Commission without obiection was to table this item until
January 5. 2010 when more information could be brouQht forward reQardinQ both
contracts with Alcalde and Faye and Gray Robinson.
I G. PUBLIC HEARINGS
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The applicants, Jeff & Velaina Koren, are requesting approval of a variance to the five (5) foot side yard
setback for the construction of a dock and boathouse at 867 Chauncey Court, on Starke Lake. The proposed
dock and boathouse will encroach 5 feet into the 5 foot eastern side yard setback.
Principal Planner Rumor presented the case.
City Attorney Rosenthal explained that there is a court reporter present this evening and there
will be an official transcript of the proceeding. He stated that there have not been many
contested variances before the Commission, so he reviewed that this case is a Quasi-Judicial
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City Commission Regular
December 15, 2009
Proceeding; the decision should be made based upon the information and record presented to you
this evening. The decision is supposed to be based on competent substantial evidence which
includes testimony this evening, the staff report, the staff slide presentation, a packet included in
the agenda from the Koren Family, and anything presented during the course of the Quasi
Judicial Proceeding. This will all be part of the record of the proceeding. At the Planning and
Zoning meeting there was a 10-15 minute time frame for each side to present their case. Any
response will be part of the public hearing.
Mayor Vandergrift opened the Public Hearing.
Ed Story, attorney representing the Koren Family stated their case. He advised the history of
this case and the necessity of the variance.
Dr. Jeff Koren, applicant, gave a presentation with regard to the decision to purchase the lake
front property and due diligence that was done at the time the purchase was considered. He
stated that he has been working with the neighbors to come up with a scaled down design of the
dock that would not impact anyone and all neighbors other than the Sullivans have signed to
allow this variance. He showed photos of the view from the Sullivan's lot, which is shrouded by
trees, and stated his dock and boat will be behind the tree line and barely visible from the
Sullivan property and feels this design is a fair solution for all neighbors.
Jack Morgeson, attorney for the Sullivans, residents of 879 Chauncey Court, stated their case.
He stated the size and scope of the proposed dock would directly impact the Sullivans. He stated
the hardship is a self-created hardship by the owners who purchased a property configuration that
does not allow for the type of dock they want to build.
Commissioner Wilsen asked to see a letter that the attorney referred to that was written from
city staff Bruce Dunsford in January 2009 address to the previous owner two months before the
home was purchased by the Korens. City Attorney Rosenthal stated that Mr. Morgeson could
give Commissioner Wilsen his entire packet which contains the letter and it will be given to the
clerk as part of the official record.
8:01- 8:03 p.m. Mayor Vandergrift left the room and a brief break was taken until he returned.
Mrs. Sullivan, resident of 879 Chauncey Court, read a prepared statement, which was also
entered into the record. She said Lot 23 was originally marketed by the developer for not being
suitable for a full size dock and was priced lower because of that. She said a full size dock will
be directly across their lake view and will adversely affect their lake rights. She stated case law
which provided that waterfront property owners should have the right to have an unobstructed
view of the water. She said the Koren dock will intrude on her view and the enjoyment of her
lakefront property that she and her husband love. She stated that her husband was forced into
early retirement due to deafness and chose this home because of the seclusion and view of Starke
Lake. She added that the trees blocking the view of the dock may be temporary structures, but a
dock is permanent. She said they were not comfortable signing the formal agreement that was
presented because she would be signing away her rights to the lake. She says this five-month
ordeal has caused financial and emotional strain.
Jack Morgeson stated he would be happy to answer questions.
BREAK 8: 10- 8:26 p.m. postponement of Public Hearing for Fire Department presentations.
Public Hearing Continued
R.P. Monacky, asked for clarification of how you would define "view" in correlation to a lot
and lakefront property.
Page 4 of 11
City Commission Regular
December 15,2009
Development Services Director Shadrix said this is a difficult decision because both of these
families are good neighbors and Ocoee residents with and valid points of view. He added that
the permit for the dock was pulled because it was a controversial one and action by both sides
was due to the complex nature of this case. He stated that state agencies have disclaimed
ownership rights to the lake and the lot lines in this area stop at the water line. Proceeding
forward, the City felt it was fair and legally defensible to offer the opportunity for a variance and
letting this Quasi Judicial proceeding to prevail. He said staff has tried to work out this
agreement and thought the City had helped them come to an agreement and it is unfortunate that
the Sullivans felt they could not sign the agreement. Staff recommended approval of this
variance, based on interpretation of the extended lot lines and application of variance of the
setbacks. He stated there is a small piece of the dock that will be visible, but this design is the
best scenario to allow the Korens to have a dock should the variance be granted.
City Attorney Rosenthal said, on the discussion of riparian rights, the City treats Starke Lake
from a regulatory standpoint as if the City owns Starke Lake and no one is here to dispute that
aspect of this case. In terms of a variance, it is essentially to go to a zero setback. The building
official stated that there were no other issues that would preclude the issuance of the building
permit if the variance for zero setback were granted. The question of riparian rights and the
question of the variance are two separate questions. If the Sullivans believe the City has acted
improperly by issuing a building permit and that the City is infringing on their rights, then that
becomes a matter between the Sullivans and the City at a later time.
Mayor Vandergrift made the point that no one owns the water, even when the lot lines extends
into the lake it only pertains to the ground under the water if the water were to go away.
Jack Morgeson, attorney for the Sullivans, made final comments.
Ed Story, attorney for the Korens, made final comments.
Jeff Koren made final comments.
BREAK 8:43 - 8:52 p.m. for visit from Santa Claus, Operation Santa sponsored by the Ocoee
Police and Fire Departments stopped by the Commission meeting during their regularly
scheduled routes throughout the City.
After a discussion among the Commission with regard to a five foot encroachment, the extent of
impact on the Sullivan family, etc. a motion was made.
Commissioner Keller. seconded bv Commissioner Hood. moved to approve the
variance based on staff recommendations. Motion carried 4-1 with Commissioner
Wilsen opposed.
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The specific area of the right-of-way runs in a north-south direction between E. Geneva St. and the vacated
railroad right-of-way. In 1965, a request to disclaim interest in the northern portion of the right-of-way was
approved by resolution. This disclaimer request is proposed by all of the property owners that would benefit
from the action.
City Attorney Rosenthal read the title of the resolution.
Principal Planner Rumer presented the case.
Mayor Vandergrift opened the Public Hearing.
Victoria Sanders lives on Geneva Street and explained how her deceased mother-in-Iaw's
property behind her is landlocked and this right of way will help them sell the property.
Mayor Vandergrift closed the Public Hearing.
Page 5 of 11
City Commission Regular
December 15, 2009
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
Resolution 2009-008 the disclaimer of riqht of way per staff recommendations.
Motion carried 5-0.
The resolution as adopted carried the followinq title:
RESOLUTION NO. 2009-008
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, DISCLAIMING ANY
INTEREST THE CITY MAY HAVE IN THAT PORTION OF CUMBERLAND A VENUE,
A SIXTY (60) FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING
BETWEEN GENEVA STREET AT THE SOUTH AND THE VACATED ATLANTIC
COASTLINE RIGHT OF WAY AT THE NORTH, SAID RIGHT OF WAY LYING AND
BEING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
I H. SECOND READING OF ORDINANCES - PUBLIC HEARING
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The Shoppes at the Village property is located on the northwest corner of Silver Star Road and Bluford Avenue.
The subject property physical address is 300 North Bluford Avenue. The subject site is approximately 0.91
acres in size and is zoned R-l AA (Single-Family Dwelling). The property is currently vacant, undeveloped and
moderately covered with a mixture of Maple, Cedar, China Berry and Oak trees.
I a. Small Scale Comprehensive Plan Amendment - (PUBLIC HEARING)
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Fabre made a presentation for all items a through c.
He stated that there has been a recent issue brought up that the Right of Way was previously
taken by FDOT which will not affect the site. He stated there are some waivers needed. He also
stated that the ordinances associated with this project will be passed tonight but will not be
adopted until the EAR is transmitted to the Department of Community Affairs at a later date.
City Attorney Rosenthal said the legal description still needs to be sorted out because of the
FDOT Right of Way conveyance, so a motion to approve should include that it is subject to the
applicant resolving issues relating to the legal description of the property and authorizing the
City Clerk to subject a legal description approved by the City Attorney and Director of
Development Services. The picture will be the same, but the legal description will change.
Commissioner Johnson asked the Developer if some landscaping can be changes to camouflage
the phone equipment on the corner. Ed Avellaneda, Civil Engineering Group on behalf of the
applicant said he has no objection to doing that and working with Embarq or whoever is the
owner of that equipment.
Mayor Vandergrift asked how we didn't know about the transfer of this land to FDOT. City
Attorney Rosenthal said that it has never been recorded by FDOT, if we got possession of this
piece we would not be using it; it would probably be donated in the future to FDOT. Mr. Fabre
said there is a packet that shows a chain of title for the piece of property. City Attorney
Rosenthal suggested using a Quit Claim Deed and the Mayor indicated he is more comfortable
Page 6 of 11
City Commission Regular
December 15, 2009
with that. Mr. Rosenthal said we will modify the staff recommendation that the right-of-way
parcel be conveyed by Quit Claim Deed rather than Warranty deed.
Commissioner Johnson... sec~~d~~ ..... by~ory'missi(>ner Wilsen, moved to pass
Ordinance No. 2009-035 (tIDoeJadopfeClrafa'late[:date') authorizina the Small Scale
Comprehensive Plan Amendment as recommended by staff and modified with
respect to the leaal description and the Quit Claim Deed on the Riaht of Way
parcel. Motion carried 5-0.
The ordinance as passed carries the following title:
ORDINANCE NO. 2009-035
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE
NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE
MAP TO REDESIGN A TE FROM "LOW DENSITY RESIDENTIAL" TO
"COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING 0.911 ACRES (MORE
OR LESS) LOCATED NORTH OF AND ADJACENT TO SILVER STAR ROAD AND
WEST OF AND ADJACENT TO BLUFORD AVENUE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A DEFERRED ADOPTION DATE IN COMPLIANCE WITH
SECTION 163.3187(6)(a), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE
DATE.
I b. Rezoning - (PUBLIC HEARING)
City Attorney Rosenthal read the title of the rezoning ordinance. He clarified that the subject
of the right of way should really be in the Small Scale Site Plan, not the Comprehensive Plan
Ordinance.
Mayor Vandergrift opened the Public Hearing. No one wished to speak and the Public Hearing
was closed.
Mayor Vanderarift, secondedbv.~()mrnissi~nerJ()h~son. moved to pass the
Ordinance No. 2009-032 (toi,oei!a'pprovaclRatiahHiteriKClaIEH authorizina the rezonina
as recommended by staff and modified with respect to the applicant resolvina
issues relatina to the leaal description of the property and authorizina the City
Clerk to substitute a leaal description approved by the City Attorney and Director
of Development Services. Motion carried 5-0.
Page 7 of 11
City Commission Regular
December 15, 2009
The ordinance as passed carries the following title:
ORDINANCE NO. 2009-032
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM OCOEE "R-I-AA" ZONING, SINGLE FAMILY DWELLING
DISTRICT TO OCOEE "C-2" ZONING, COMMUNITY COMMERCIAL DISTRICT,
FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 0.911 ACRES
LOCATED NORTH OF AND ADJACENT TO SILVER STAR ROAD AND WEST OF
AND ADJACENT TO BLUFORD AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY
CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE
AND AN EFFECTIVE DATE.
I c. Approval of Small-Scale Site Plan Waivers
Commissioner Johnson, seconded by Commissioner Wilsen, approve the Small
Scale Site Plan Waivers as recommended by staff with the condition that the
RiQht of Way be conveyed by Quit Claim Deed. Motion carried 5-0.
b.
c.
Commissioner Keller, seconded by Commissioner Hood moved to continue this
item to January 19, 2009, at the applicant's request. Motion carried 5-0.
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On January 16, 2007, the City adopted Ordinance 2007-002 approving amendments to the text of the City of
Ocoee Comprehensive Plan, incorporating the requirements of the Wekiva Study Area requirements pursuant to
Chapter 163, Part II, Florida Statutes. On March 9,2007, the Department of Community Affairs (DCA) issued
a Notice of Intent (NO!) to find the amendments "not in compliance" with the requirements of Chapter 163,
Part II, Florida Statutes. On October 20, 2009, the City of Ocoee adopted a Stipulated Settlement Agreement
with the Department of Community Affairs Regarding Amendments to Comprehensive Plan Incorporating the
Wekiva Parkway and Protection Act.
Specifically, DCA found the amendments did not address the requirements of the Wekiva Parkway and
Protection Act regarding the master storm water management plan, water supply facility plan and land use
strategies to optimize open space and promote a pattern of development that protects the most effective recharge
areas, karst features, and sensitive natural habitats.
City Attorney Rosenthal read the title of the ordinance.
Page 8 of 11
City Commission Regular
December 15, 2009
Principal Planner Rumer advised that there is a sign in sheet for anyone wishing to speak on
this matter; it must be signed to comply with state law.
Mr. Rumer stated that this Wekiva Large Scale Amendment is not inhibited by the EAR
evaluation report. This settles the Wekiva Study Area requirements from the state. Exhibit A in
this report was Exhibit B to the Settlement Agreement that the Commission approved in
November. He said the Commission has seen this before; this is just to formerly adopt it as a
large scale amendment.
Mayor Vandergrift asked if this has anything to do with the septic tank issues. Mr. Rumer said
that legislation dealing with septic tanks was not date certain and they are still reviewing that; it
is not included in this Comp Plan Amendment being adopted tonight.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
Ordinance 2009-033 adoptinQ the Remedial Plan Amendment to the Ocoee
Comprehensive Plan as recommended by staff. Motion carried 5-0.
The ordinance as adopted on second reading carries that following title:
ORDINANCE 2009-033
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A REMEDIAL
PLAN AMENDMENT TO THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN
1991, AS AMENDED, PURSUANT TO A STIPULATED SETTLEMENT AGREEMENT
WITH THE DEPARTMENT OF COMMUNITY AFFAIRS IN ORDER TO COMPLY
WITH THE WEKIVA PARKWAY AND PROTECTION ACT; AMENDING
ORDINANCE NO. 2007-002 IN ORDER TO REMEDY INCONSISTENCIES FOUND BY
THE DEPARTMENT OF COMMUNITY AFFAIRS IN ITS STATEMENT OF INTENT
TO FIND COMPREHENSIVE PLAN AMENDMENT NOT IN COMPLIANCE AND
THEREBY BRING ORDINANCE NO. 2007-02 INTO COMPLIANCE; AMENDING THE
OCOEE COMPREHENSIVE PLAN AND ORDINANCE NO. 2007-02 BY AMENDING
PORTIONS OF THE FOLLOWING SECTIONS: FUTURE LAND USE ELEMENT;
DRAINAGE SUB-ELEMENT; POTABLE WATER SUB-ELEMENT; SANITARY
SEWER SUB-ELEMENT; NATURAL GROUNDWATER AQUIFER RECHARGE SUB-
ELEMENT; CAPITAL IMPROVEMENTS ELEMENT; IDENTIFYING OPEN SPACE
CONSERV A TION AND NATURAL AREAS WITHIN THE CITY'S COMMUNITY
REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
I I. REGULAR AGENDA
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Wesmere Developme'ntLLC has delivered to the City Letters of Credit issued by Regions Bank in the amounts
of $336,496.92 and $227,905.05 for subdivision irnprovements in the Villages of Wesmere. The Letters of
Credit are scheduled to expire on December 21, 2009. Regions Bank has declined to extend the expiration
date. Staff is recommending that the City Commission approve the drawing of the Letters of Credit.
City Attorney Rosenthal explained the agenda item that had been distributed on the dais.
Page 9 of 11
City Commission Regular
December 15, 2009
He stated the letters of credit need to be done because the project improvements have not been
completed. Regions Bank has sent notice that declined to extend Letters of Credit.
City Engineer Wheeler stated that an inspection of the property was done two months prior to
the end of the two-year warranty period and a number of items were identified that needed to be
corrected. The developer was sent notice to attend the meeting which he did not. Taylor
Morrison who bought approximately 108 lots have done a good job keeping up their properties.
The other 260+ lots are overgrown and in poor maintenance. He stated this property is going
into foreclosure in the next few days. We need to take steps to take care of stormwater drainage,
utility issues and keep the site clean.
Commissioner Johnson, seconded by Commissioner Hood, moved to authorize
the execution of documents necessary to call in Letters of Credit issued by
ReQions Bank in the amounts of $336,496.92(LOC#55102041) and $227,905.05
(LOC#551 0242) which were provided to the City in connection with the
development of the Wesmere Property and the Villaqes of Wesmere Townhomes.
Motion carried 5-0.
I J. STAFF ACTION ITEMS- none
I K. COMMENTS FROM COMMISSIONERS
~~m~Q~Q1j, 1) inquired about the Spring Lake Elementary corridor speed tables.
Public Works Director Krug stated they have solicited a price that they can piggyback off on
and they are processing the purchase order. Commissioner Hood further inquired if a letter was
sent out to the neighbors to get a consensus. Public Works Director Krug stated that they did
research and found that the neighbors had submitted a request with their application in advance
so everything is good to go. 2) inquired about the street sweeper. Public Works Director Krug
stated the street sweeper is running about 2-3 days a week. Commissioner Hood stated he
would send him an e-mail regarding an area he would like to see the street cleaner go to. 3)
announced he received several calls on Central Park and how impressed they are with the
cleanliness and how easy the traffic flow is in/out. 4) stated that the drag races have returned to
Ingram Road and someone may want to check that out. Police Chief Brown inquired about the
time frame and will send someone to check on it. 5) reminded the Police/Fire Department about
the issues on Mona/Doreen Ave. Police Chief Brown stated he would get with Fire Marshall
Stanley to go out there during the time traffic issues are occuring. Police Chief Brown briefly
announced that the Red Light Cameras will be in effect on December 2151 at three locations
which are Blackwood Ave (northbound at SR50), Clarke Road (southbound at White Road and
northbound at A.D. Mims Road). He further stated there are signs at these locations now.
Mayor Vandergrift commented that staff should add wording to the signs that state: We are
keeping you safe for the Holidays! Thank You! 6) wished everyone a Happy Holiday!
~lrQ!rol~~fim 1) thanked everyone who was involved with Operation Santa, Shop with
a Cop event, which was a great presentation by the Police Department, and also the Christmas
Dinner that was held by the City of Ocoee. 2) wished all a Happy Holiday! Mayor Vandergrift
stated he too would like to thank everyone for the many events and suggested that the city's PR
Department send a press release stating what a success these events were.
Page 10 of 11
City Commission Regular
December 15, 2009
~QirtmtssTQneilJQfi'n~()ii 1) inquired from Parks and Recreation Director Hayes if letters were
sent out to Little League and Pop Warner about Freedom Park and the problems they have which
have been previously discussed discussed. Parks and Recreation Director Hayes stated he has
not sent anything out but he has put together a policy, which is in review with the City Managers
office. The policy will deal with the use of athletic fields. Commissioner Johnson stated he
would like to have something firmed up before he goes to the HOA meeting. They were told
something would be presented to them in 6 weeks and the time is coming up. Parks and
Recreation Director Hayes stated the policy will address the issues of the residents residing
near the park. Commissioner Johnson stated that they may need to close the parks at certain
times and have the Police Department involved. Assistant City Manager Croteau stated that a
policy has been drafted but has not been reviewed by the City Manager yet, but she can send the
draft of the policy to the Commission should they like to put any input into it. Commissioner
Johnson commented that the Park Ranger was cut down to one part-time person and it should be
a full-time person. Commissioner Hood added that they should also give the Park Ranger the
authority to enforce the rules and have a police radio should he need to contact an officer for
help. Commissioner Johnson stated he would like to have both Parks and Recreation Director
Hayes and a representative from the City Manager's office attend the HOA meeting with him.
Mayor Vandergrift added that he had suggested years ago that they look for volunteers who
live near the parks to be assigned as Volunteer Park Rangers since they are there all the time.
Commissioner Hood announced that last night they judged Christmas Lights and the
competition was pretty stiff. Parks staff did a great job of lining everything up. 2) stated that he
received a comment from a resident in a gated community on the south side of town that
suggested instead of the flags on the poles on Clarke Road they should put lights up because they
do not get street care provided for their tax dollars so they would enjoy seeing the lights on the
poles instead. Mayor Vandergrift noted they need to see the bigger picture, such as the four lane
road they enjoy was paid for by all of the residents in the city 3) wished everyone a Happy
Holiday!
~6mmr~fF:!'Km~ 1) thanked the Ocoee Lions Club and the City for the Christmas parade.
Would have liked to see it get pushed back due to the rain but for the turn out they had the
parade went very well. 2) wished everyone a Merry Christmas, Happy New Year, and well
wishes for all other Holiday during the season!
Mi'YJi.~'&i!naeJ;-'g'tm 1) stated they almost made the parade without the rain. 2) received
something from Leadway with regard to sustainable technology with using lead street lights 2)
announced the several Christmas cards sent to the city. 3) announced the Winter Wonderland
was fantastic and everyone went above and beyond the call of duty. Parks and Recreation
Director Hayes stated they had over 500 people in attendance and they were very pleased with
the turn out. He further stated staff worked really hard and he would like to thank the Mayor for
attending. 4) wished everyone a safe Holiday!
!ADJOURNMENT
The meeting adjourned at 9:53p.m.
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