05-19-09
MINUTES
OCOEE CITY COMMISSION
May 19,2009, 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 Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson (absent).
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Wekiva Area Study - Septic Tank Issue-
~ Presentation from Orange County Commissioner Brummer
~ Resolution Urging that Line Item 471 Remain in the FY2009/10 Florida Budget
This presentation and resolution were skipped because Commissioner Brummer was not present
at this time. Never returned to the item.
2010 Census - Supervisor of Elections Office.
~ Presentation by Beverly Willis
~ Resolution Supporting the "Complete Count" Committee for Census 2010
Beverly Willis of the Supervisor of Elections Office and the Orange County Complete County
Committee gave a PowerPoint presentation advising the preparation for the upcoming census and
the importance of cooperation by all cities and their residents. Ms. Willis also said, if the city
could not contribute monetarily to this effort, that there are ways to give in-kind contributions
such as use of meeting rooms, sending out flyers in the utility bills, etc. Mayor Vandergrift
asked that the Census presentation segment be rebroadcast separately on Ocoee TV until the
Census is completed.
Presentation Regarding New #611 Route with Lynx Bus - Edward Johnson of Lynx
Edward Johnson, Chief Administrative Officer of Lynx, discussed how they had to come up
with ways to cut the cost of operations by cutting some routes. One of the Ocoee routes was a
lower performing route which is why they came up with the new Flex Service Route where
people can call for pick up two hours in advance to be taken to a destination in Ocoee or to
another bus stop. He said he is glad they could honor the Commission's request to extend the
old route through the end of the school year for those students using public transportation. He
said they plan to open the communication to the residents via radio and newspaper to inform
riders how to use the service before it begins in June. He said they are looking at creating a fixed
route to accommodate the school kids for when the new school year starts next year.
Commissioner Keller thanked Lynx for working with them on extending the route through the
school year. He also said we need to put this information on our web site as well. Mayor
Vandergrift added that we could also put something in the water bill for the new bus route as
was discussed with the census.
City Commission Meeting Regular
May 19,2009
Without obiection, the Commission directed staff to include somethina on the
website and in the water bill reaardina the new bus route.
Commissioner Wilsen asked if a regular monthly bus pass can be used for this new route. Mr.
Johnson stated that it could. Commissioner Wilson asked if they have done this type of route
before because she is concerned with the two hour call-in. Mr. Johnson said the route has been
successful in two other areas so far.
Presentation - 2008 Annual Audit - Mr. Elden McDirmit.
Eldon McDirmit gave a presentation reviewing the highlights, M D & A, fund financial
statements and financial condition. He advised the City once again received the Certificate of
Achievement for 2007.
Commissioner Hood and Commissioner Keller thanked the City Manager and Staff for the
excellent job they do keeping the city in good financial condition during these difficult economic
times; and the Mayor and Commission applauded all city staff for the job they are doing.
Presentation by CACOPD Board Members to Officer Ross Addeo for Officer of the First
Quarter 2009. (Police Chief Brown)
I C. COMMENTS FROM CITIZENS/PUBLIC
None
I D. STAFF REPORTS AND AGENDA REVIEW
I. Quarterly Report - Second Quarter. (Finance Director Horton)
City Manager Frank said the Commissioners have been provided the Quarterly report for the
second quarter of this year. They did revenue tracking and found we are approximately
$165,000 behind last year on a $30+ million dollar budget. He stated so far we are in fairly good
shape. The Commission commended Finance Director Horton for a job well done.
Red Light Camera Update - City Manager Frank said the first Red Light Camera should go
in place in a few weeks at Maguire and SR50, and there should be four or five others after that.
He added they would be bringing a resolution back to the commission when it comes time to
start assessing fines.
Police Station Update- said the building is nearing completion and we are antIcIpating a
Certificate of Occupancy by the first of June. He stated they also have some plans on what to do
with the old police station, consolidated city functions in that building.
I E. COMMISSIONERS ANNOUNCEMENTS
~ominiSsione-r Kelle~ - (1) announced that May 23rd is the Safe Program from 9 a.m. until noon
at the West Oaks Mall community room. He said it is a women only self defense and is free;
registration forms are available at the Ocoee website. (2) congratulated the graduates at all the
local schools and county. (3) said regarding the discussion on the census, there is a
fairdistrict.org group that is out there trying to get petitions signed to make districts look more
like county/city lines than the strange lines they are drawing currently. He suggests people go
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City Commission Meeting Regular
May 19,2009
out and sign the petition so that the next set of lines drawn will be better, rather than only helping
those who are currently sitting in office.
COiiimissioner WJ!!e!l - (1) said she is the new ex-officio member of the Human Relations
Diversity Board and has served on other boards throughout the years. She wanted people to
know there are many boards with openings and invited citizens to contact the City Clerk's office
for information to join and get more involved in your community.
Commissioner HoOd - (1) announced at the Parks & Recreation Advisory Board meeting they
established that the West Orange Seniors will begin meeting at the Tom Ison Center and their
first luncheon is this Thursday. (2) reminded everyone that May 22nd is the Memorial Day
ceremony at Bill Breeze Park at 11 a.m. Also, that day the American Legion Post 109 will be
raising the flag at the Ocoee Cemetery at 8 a.m. (3) congratulated the girls track team from OMS
for taking first place in the county track event. (4) congratulated the OHS seniors for their
graduation. (5) congratulated Ocoee Little League and that all four teams in semi-finals are from
Ocoee. (6) said the Pop Warner football opens registration on May 30 from 9 a.m. to 1 r.m. (7)
Ocoee Lions Club will be hosting a Texas Hold 'Em tournament charity event on June 6t and all
proceeds will go to the OHS band. He suggested contacting Steven Vanberick with the Lions
Club for information.
Maxor Vande-rg':ii't - (1) announced a request was made by Commissioner Anderson that the
Historical Commission would like the commission and staff to walk through the Maguire House
before a commission meeting. He asked staff to make those arrangements. (2) said there would
be a town meeting with State Representative Brian Nelson on June 2nd before the commission
meeting at 6 p.m. (3) said he has worked with the Lou Frye Institute of Gov't from UCF over the
years, whereas they bring high school students from all over the state to teach them government.
He has written a one act play about a city called "Utopia" that places each student in a role as a
city position and teaches them about the democratic process of the city. He said they would be
coming to Ocoee City Hall this year in June and he asked if the city could feed them and get staff
and commission to participate voluntarily.
I F. CONSENT AGENDA
2. Approval and Acceptance of the Regular City Commission Minutes of May 5, 2009.
(City Clerk Eikenberry)
Approved on Consent: motion carried 4-0 with Commissioner Johnson absent.
3. Approval of Rejection of Bid #B09-03, Sorenson Park Backstop Extension. (Purchasing
Agent Tolbert)
The City intended to award a contract for the Sorenson Park Backstop. The budgeted amount is approximately
$30,000.00. The single bid was reviewed by the Parks and Recreation Department and the Engineering
Department. Staff recommends rejecting the bid from Golf Range Netting, Inc. as it is approximately 50% over
the budgeted amount. Staff is currently evaluating alternative design options for the site and anticipates re-
bidding this project.
Approved on Consent: motion carried 4-0 with Commissioner Johnson absent.
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City Commission Meeting Regular
May 19,2009
I G. PUBLIC HEARING - FIRST READING OF ORDINANCE
4. First Reading of Ordinance Regarding Changes to Land Development Code. (Advertised
for Public Hearing on May 10, 2009. Second Reading and Public Hearing scheduled for June 2, 2009).
(Principal Planner Rumer)
The City has begun the process for the involuntary annexation of Phases 2 & 3 of the Rose Hill subdivision.
During staffs review of the meeting noticing requirements located in the City's LDC and those required by
state statute, staff found the LDC to be more arduous then the requirements of the Florida Statutes and found
duplication in the aforementioned sections. Staff proposes the amendments to the LDC in order to bring the
LDC noticing requirements in line with the Florida Statutes, clarify existing policy, and delete duplication.
a. Changes to Section 1.10
b. Changes to Section 5.9
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer gave a brief overview of the recommended changes.
Mayor Vandergrift opened the Public Hearing.
R. P. Monacky, 1820 Prairie Lake Blvd., asked for clarification as to why this is called an
involuntary annexation. City Attorney Rosenthal said although no annexation will occur until
the residents vote and make the final determination, when an annexation is city-initiated it is
generally referred to as involuntary.
Mayor Vandergrift closed the Public Hearing.
Mayor Vandergrift announced the second reading and Public Hearing will take place on June 2,
2009, at 7:15 p.m. or as soon thereafter as may be heard.
I H. PUBLIC HEARINGS - SECOND READING OF ORDINANCES
5. Second Reading of Ordinance for 325 Lee Street - Rezoning Ordinance. (Advertised in the
Orlando Sentinel, Legal Classified on Thursday, May 7, 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.
Senior Planner Howell introduced the item stating the city's intent is to rezone the downtown
area and attract commercial reinvestment. The applicant is proposing to construct a small office
building in the future.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing.
Commissioner Hood asked if the residents in the area were notified. Mr. Howell said they had
been and no concerns were expressed.
Mayor Vandergrift opened the Public Hearing.
Property Owner Harold Goche said he appreciates the work the planning department has done
and looks forward to building a small office building in the future. His business is currently
outside of the city.
Commissioner Hood, seconded by Commissioner Wilsen moved to approve on
second readinQ Ordinance No. 2009-013 approvinQ rezoninQ of the property at
325 Lee Street from R-1 SinQle Family DwellinQ to C-2 Community Commercial.
Motion carried 4-0, with Commissioner Johnson absent.
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City Commission Meeting Regular
May 19, 2009
6. Second Reading of Ordinance for Fountains West - PUD Land Use Plan Amendment
Ordinance. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, May 7, 2009). First
Reading of Ordinance was April 7, 2009. (principal Planner Fabre)
The Fountains West PUD was originally approved by the City Commission on December 19,2006. The PUD
encompasses approximately 43 acres in size and is generally located on the northeast corner 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 (SunTrust Bank) and 3 (Fifth
Third Bank) are in the process of completing construction. Lot 2, approximately 1.14 acres in size, currently
remains undeveloped.
This item was pulled from the agenda at the request of the applicant; if the item is brought back
all notifications and advertisements will be made again.
7. Second Reading of Ordinance Amending Chapter 168 Police Infraction Hearing Board
and Traffic Light Safety Article. (Advertised in the Orlando Sentinel, Legal Classified on Sunday,
May 10,2009). (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 fmes up to the State level should the State of Florida adopt a higher fme than the City for red light camera
violations.
City Attorney Rosenthal read the title of the ordinance.
Police Chief Brown said that he recommends the changes to the ordinance be adopted.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky, 1820 Prairie Lake Blvd., said he did not understand the language in the
ordinance. City Attorney Rosenthal said that the ordinance had housekeeping issues so that it
would match up with the newly adopted red light ordinance as far as the enforcement issues.
Mayor Vandergrift closed the Public Hearing.
Commissioner Keller, seconded by Commissioner Wilsen moved to approve on
second readinQ Ordinance No. 2009-015 amendinQ Chapter 168 Police Infraction
HearinQ Board and Traffic LiQht Safety Article. Motion carried 4-0, with
Commissioner Johnson absent.
I I. REGULAR AGENDA
8. Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No.
08-071F, Marco Anthony Italian Restaurant (Crisi's Italian Restaurant Inc.) and
Teachers Insurance Annuity Associates of America. (Division Chief Stanley)
On August 14, 2008, Fire Inspector Dan Dingman observed violations of city code on the property located at
2642 S. Maguire Road, Ocoee, Florida. The violations observed were exit lights not working and emergency
lights not working. A notice of REPEAT code violation and Notice of Hearing was sent to the property owner
and tenants Marco Anthony Italian Restaurant (Crisci's Italian Restaurant Inc.) and Teachers Insurance Annuity
Associates of America on September 8, 2008 to appear at the Code Enforcement Board Meeting on September
23, 2008. An Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on
September 23, 2008, to comply or pay a fme of $1 00.00 per day fme starting August 14, 2008 until the property
was brought into compliance. The fine accrued daily until the property was deemed in compliance on January 6,
2009. The total amount of the fine is $15,536.85. A Request for Reduction of Fine was presented at the April
28,2009, Code Enforcement Board Meeting. The Code Enforcement Board recommended a reduction of fmes
to $2500.00 if paid within 10 days of commission approval and based on an estimated cost encumbered by the
City.
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City Commission Meeting Regular
May 19,2009
Division Chief Stanley said this fine was for emergency lights and exit lights not working for
approximately a year. The owner has asked for a reduction of fine; there are new tenants there
now who will take better care of these issues. Mr. Stanley said staff agrees with the amount of
$2500 that was recommended by the Code Enforcement Board.
Commissioner Hood, seconded by Commissioner Wilsen moved to reduce the
fine to $2500 and release the lien upon payment. Motion carried 4-0, with
Commissioner Johnson absent.
9. Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No.
03-002801, Shaun and Christy Tibby. (Division Chief Stanley)
On July I, 2003, Code Enforcement Officer Robert Siegrist observed violations of city code on the property
located at 1615 Mona A venue, Ocoee, Florida. The violation observed was the installation of a front driveway
without required permits. A notice of code violation was sent to the property owner Shaun and Christy Tibby on
August 12, 2003. A re-inspection of the property on August 26, 2003, revealed the property remained in non-
compliance. A Notice of Hearing was sent to the property owner Shaun and Christy Tibby to appear at the Code
Enforcement Board Meeting on October 28, 2003. A Compliance Order was issued by the Code Enforcement
Board giving the Respondent until November 4, 2003, to comply or pay a [me of $50.00 per day until the
property was brought into compliance. An order Imposing Fine and Lien was ordered at the Code Enforcement
Board Meeting on November 25,2003. The [me accrued daily until the property was deemed in compliance on
April 16, 2009. The total amount of the fine is $197,156.30. A Request of Reduction of Fine was presented at
the April 28, 2009, Code Enforcement Board Meeting. The Code Enforcement Board recommended a
reduction of fines to $2000.00 if paid within 10 days of commission approval and based on an estimated cost
encumbered by the City.
This item was moved up on the agenda and heard before the Consent Agenda.
Division Chief Stanley introduced the item and said that the bank and realtor have done an
excellent job bringing it up to code since they took the property bank, He said the Code
Enforcement Board voted to reduce the lien to $2000 and he is comfortable that will cover staff
costs. George Kovack, said they are prepared to pay the lien tomorrow.
Mayor VanderQrift, seconded by Commissioner Keller, moved to approve the
reduction of fine to $2000 and to release the lien for that amount. Motion carried
4-0, with Commissioner Johnson absent.
10. Stor Kwik, West 50 Properties, Lot 1 - Second Amendment to the Development
Agreement. (City Attorney Rosenthal)
In May 2007 the City Commission approved an Annexation and Development Agreement with West 50
Properties. The Agreement provides for certain permitted uses, granted various waivers and allocated Traffic
Mitigation Payments among the Lots. Lot 1 of the project is now owned by Self Storage Associates, Inc. (Stor
Kwik) which has proposed certain amendments to the Agreement in connection with the processing of a site
plan for Lot 1.
City Attorney Rosenthal said this deals with the West 50 project. There is a Development
Agreement that specifically set forth the use and did not allow for certain types of businesses.
This agreement modifies the use, adds some retail, and adds some waivers in connection with
fitting a new facility on a lot which has been purchased and it matches up with the site plan that
has gone through the planning department.
Commissioner Keller, seconded by Commissioner Hood moved to approve the
second amendment to the Annexation AQreement and authorize the Mayor and
City Clerk to execute the same. Motion carried 4-0 with Commissioner Johnson
absent.
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City Commission Meeting Regular
May 19,2009
11. Appointment of Commissioner to Selection Committee for RFP #09-004 Exclusive
Commercial and Multi-Family Solid Waste Franchise. (Purchasing Agent Tolbert)
In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be
appointed to the Selection Committee to evaluate Proposals received for RFP #09-004 Exclusive Commercial
and Multi-Family Solid Waste Franchise. The Mandatory Pre-Proposal meeting is scheduled for Tuesday, June
2,2009, at 10:00 a.m. The selection committee meeting is tentatively scheduled for July 14,2009, at 10:00 a.m.
Consensus of the Commission was to assiQn Commissioner Johnson to the RFP
Committee for Exclusive Commercial and Multi-Family Solid Waste Franchise.
12. Recommendations from the Charter School Committee to the City Commission. (City
Clerk Eikenberry)
The Ocoee Charter School Committee was formed by the City Commission on September 16, 2008, for the
purpose of making application to Orange County Public Schools to convert Ocoee public schools to charter
schools. After several board meetings over an eight month period and a meeting at Orange County Public
Schools (OCPS) district, the board has submitted its recommendations to the City Commission.
During the meeting (held March 31, 2009) Dr. Evelyn Chandler advised the prospective Charter School
attendees of the following: I) to budget the FTE at roughly less than the current FTE; and 2) district teachers
may take a one year leave of absence (in this case to work at the charter school). If the teacher does not return
to OCPS within that year, ALL tenure and benefits will be lost. Without funding to make up for the loss of such
benefits, this puts at risk the likelihood that teachers/principals would approve such a move.
The Charter School Committee recommends that the City not pursue a conversion charter school at this time
based on the committee's research and the information gained from OCPS; that the committee sunset at this
time; that the commission continue to lobby the state for a City school districts; that the City assess the
possibility of a charter school in the near future; that Ocoee have more frequent contact with Ocoee's OCPS
representative.
Commissioner Keller, seconded by Commissioner Wilsen, moved to accept the
board recommendations and table the Charter School Committee until an
undetermined time when the climate is more favorable for Charter Schools.
Motion carried 3-1, with Mayor VanderQrift opposed and Commissioner Johnson
absent.
13. Discussion Regarding Setting a Joint Workshop between Charter Review Commission
and City Commission. (Mayor Vandergrift)
Consensus of the Commission to have staff arranQe a ioint workshop, possibly at
6:00 p.m. before the second Commission meetinQ in June, to discuss the one
remaininQ issue of expandinQ the Commission Districts from five to seven.
Motion carried 4-0, with Commissioner Johnson absent.
I J. ST AFF ACTION ITEMS
none
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City Commission Meeting Regular
May 19, 2009
I K. COMMENTS FROM COMMISSIONERS
Commissioner Hood- said he met with student council students from Ocoee High School and
they picked up some trash at Pioneer Key II. 2) asked what is going on at Adair Street. Public
Works Director Krug said a property owner tied in a new sewer line into a manhole and has been
having trouble getting a contractor to complete the asphalt work. As soon as the rain lets up, we
are going to do the asphalt work and charge the homeowner. He has been made aware. 3) asked
about the repaving in the Wild Fern Area, and Mr. Krug advised they are waiting for the rain to
get that done as well. 4) asked about maintenance of the islands in front of the Publix on West
Road; Mr. Krug advised that is the County and they have contacted them. 5) said off Nicole there
is a patch of woods with an 18 inch drainage line that is broken and a danger to kids who play
there. Public Works Director Krug said the repair for that is in the capital program, the engineer
is making a small drawing so it can be taken to continuing engineers to have that repaired. He
said it drains the pond off of Marlene. Commissioner Hood asked if it can be fenced around it
until it is repaired because the kids are playing near it. Mr. Krug said he does not have a time
frame for the repair at this time, but they will make sure it is sealed off in the mean time.
Commissioner Wilsen - no comments
Commissioner Keller- (1) repeated that May 23rd is the Safe Program from 9 a.m. until noon at
the West Oaks Mall community room. He said it is a women only self defense and is free;
registration forms are available at the Ocoee website. (2) congratulated the graduates at all the
local schools and county. (3) wished his wife a happy upcoming birthday.
Mayor Vandergrift 1) reminded residents that it is going to be in a rain situation for a while and
they need to close the lid on your garbage cans. He said that everything we dump is weighed and
each gallon of water weighs 8 extra pounds. 2) remember to celebrate Memorial Day and show
respect for all members of the military services.
I ADJOURNMENT
The meeting adjourned at 9:12 p.m.
Attest:
APPROVED:
City of Ocoee
<=<~ lLt j
S. Scott Vandergrift, "Mayor
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