06-15-10MINUTES
OCOEE CITY COMMISSION
June 15, 2010, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Pastor Howell of Glad Tidings Church gave the invocation, followed
by the Pledge of Allegiance to the Flag, and led by Commissioner Hood. City Clerk
Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentation Regarding Central Florida Film Festival and the Proposed "Senior Program"
-Bob Cook, Executive Director.
Mr. Cook asked for $850 for the Central Florida Film Festival to help sponsor a Senior Program
at the festival this year. He said last year he moved the Festival into Ocoee (West Orange 5
Theater) and brought 53 film makers. Their friends and family brought revenue to the
community via restaurants, hotels, printing, shopping, and technical support. They took a field
trip to Ocoee High School and donated sound effects and a stock footage library for the
Television and Film Program, a retail value of almost $4,000. He said he would like to create a
program in honor of Ocoee's 85th Anniversary, where 85 local seniors would receive two tickets
to attend the festival on Saturday, September 4, 2010 from 10:00 a.m. - 5:00 p.m., free of
charge. There would be educational and entertaining programming including a screening of the
feature film "The Whisper Home" filmed in Ocoee. Between movie screenings, Ocoee Trivia
games will be played on the two movie screens at the West Orange Five. He said the retail cost
is $3400 and he is asking the city to contribute $850. He said seniors could ask for tickets at city
hall on a first come first serve basis.
Mayor Vandergrift said they would need a written request for the funding. Community
relations Manager Wright said the next Community Merit Board grant cycle opens in July and
the check could not be cut until August. The event is in September on Labor Day weekend.
City Manager Frank said there is a line item in the CRA budget for economic incentives if the
commission wanted to consider that rather than using general fund money because the West
Orange 5 Theater is in the CRA area. Commissioner Hood said he has not problem doing that,
but he does want to ensure that Ocoee Seniors get top priority on the free tickets. Commissioner
Johnson added that he would like the process put through on paper and they will look into it.
Commissioner Wilsen stated everything should go through the Community Merit Review Board;
the checks will be issued in August prior to the Fair.
Consensus of the Commission was for Community Relations Manager to work
with Mr. Cook on submitting an application for a Grant award or if that timeframe
is not going to work, they will look into the CRA line item for economic
incentives.
Presentation to City of Ocoee by Bill Chambers, Athletic Director at Ocoee High School
City Commission Regular
June 15, 2010
Mayor Vandergrift read an email from Scott Drabczyk who just took over Mr. Chamber's
position as Athletic Director at Ocoee High School. He apologized that he could not be here this
evening and hoped he could speak at the next commission meeting.
C. COMMENTS FROM CITIZENS/PUBLIC -None
7:30 p.m. Item #9 was moved up on the agenda and heard before the Staff Reports and
Agenda Review. It remains in numerical order on the agenda.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank gave the following reports:
1) The revised agenda on the dais added the words "Public Hearing" to the title of Item #7.
It was correctly advertised and posted as a Public Hearing.
2) Emergency Item
Award lighting installation at Tiger Minor Park to the firm of Musco Sports Lighting in
the amount of $59,500.00
CIP Manager Butler advised at the last meeting the Commission approved adding money to the
project to add lights to the tennis courts at Tiger Minor Park for tournament play; at the time the
price quotes were $27,000 - $29,000 so staff asked for $30,000. After reviewing the
specifications it was found that type of light will not provide enough light and the installation of
those lights would also cause holes to be put in the field of play. The Musco lighting has the
highest efficiency light fixtures and we anticipate a savings of $43,000 over a 10 year period.
The contract also includes maintenance for 10 years and revamping of the fixtures at the end of
the 10 year period. It also has a remote control system that will allow the city to manage the use
and monitor the energy usage through an Internet connection. It will also greatly reduce the light
trespass onto adjacent residential properties with a sharp cut off point outside the field of play.
There will be four high mount poles that will cause some visual obstruction, but it is necessary to
save energy costs and keeping the light interference to a minimum.
Discussion followed regarding the need to get appropriate lighting for tournament play, the type
of "pay to play" lighting, the city making money from the tennis lessons, the agreement
regarding reserving the courts for tennis instructor. Parks and Recreation Director stated that the
city does receive some money from the tennis lesson program. He also stated that the Tennis
Instructor usually reserves the courts for specific times and it gets posted at the courts.
Commissioner Wilsen said she would like information as to the benefits to the community for
these courts as well as reimbursement the city receives for lessons. She also added that she
would like to look into "pay to play." Commissioner Hood said that should be for non-residents
only. Commissioner Johnson commented that there will be three new courts and one should be
available at all times for the public, the tennis instructor should never tie all of the courts up.
Commissioner Hood also added that we should get information on other programs (karate,
dance, tennis, etc.) that are offered to our residents via subcontracting type agreements.
Commissioner Wilsen said it would be advantageous to see the information on all the programs,
especially now that budget time is approaching. Mr. Hayes said he will bring that information
back. He added that this project also includes two additional tennis courts at Vignetti and a
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City Commission Regular
June 15, 2010
refurbished court at Parkside Coventry, so there will be plenty of facility. He added that the
lighting system being proposed is the same thing we currently have on the soccer fields.
Commissioner Keller stated before the city continues to spend more money on other tennis
courts we need to review the parks and recreation survey to see what the residents really want.
Discussion among the Commission and Mr. Hayes is that it would be favorable to have good
tennis facilities; the USTA has expressed interest in developing a program here.
Mr. Butler stated of the $30,000 that was provided from the Change Order at the last
commission meeting, $3,000 will be retained for underground power from the point of service to
the lighting control panel and other related actions. There is $27,000 available to transfer to the
upgraded light project leaving the additional funding required is $32,500 (total award of $59,500
to Musco Sports Lighting).
Change Order #1 for the work by Trimble & Son will be rescinded.
Mayor Vandergrift declared this item an emergency.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
additional funding of $32,500 00 and to Award the project for Lightinq Installation
at Tiger Minor Park to the firm of Musco Sports Lightinq in the amount of
$59,500.00. Motion carried 5-0.
3) City Manager Frank stated there are some additions to Item 11 that have been placed on the
dais: a resolution was added as part of Item 11 a; Amendment No. 1 to the Agreement with
American Traffic Solutions was added to Item llb; and there will be an emergency
ordinance added to Item 11 that will have to be declared an emergency when we handle it
under Item 11.
E. COMMISSIONERS ANNOUNCEMENTS
thanked all who came out for the Junior Senior Top 10 Tournament.
Commissioner Wilsen 1) said there is a Handgun Safety Class on June 19th at 8:00 a.m., in the
commission chambers, call the Officer Anglero at the police department 407-905-3160 ext. 3024
for more information 2) announced the teen police academy begins July 19, 2010; registration is
available online or call Officer Anglero for more information 3) gave kudos to the Parks and
Recreation Department for the great job at Hackney Prairie Park and thanked Parks and
Recreation Board members for coming out and giving their support at the ribbon cutting this
morning.
Commissioner Johnson - no announcements
Commissioner Keller 1) congratulated all of the graduates, 2) reminded everyone to drive
careful because kids are out of school and back on the road 3) agreed with Commissioner Wilsen
that Hackney Prairie Park has been a great addition to the city and he thanked staff for the great
job and the Parks and Recreation Board for their support.
Mayor Vandergrift 1) agreed with Commissioner regarding congratulations to staff on the
Hackney Prairie Park project and ribbon cutting. Commissioner Johnson added that CIP
Manager Al Butler deserved thanks for seeing the project through on Hackney Prairie Park as
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June 15, 2010
well as many others he has been working on. 2) read thank-you card from the family of Betty
Hager for the support of the city and allowing the fire truck to be at the funeral. 3) read a letter
from a citizen asking if the new park has any plans for Public Art Programs. He advised would
be happy to assist and answer any questions to help make that happen.
F. CONSENT AGENDA
City Attorney Rosenthal read the title of the Resolution 2010-007.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
Consent Agenda Items #1 through #6 as presented. Motion carried 5-0.
1. Approval of Minutes for Regular City Commission Meeting and Workshop Meeting
Held June 1, 2010. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Appointment to the Citizen Advisory Council for Ocoee Police Department. (City
Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has eight (8) members. One
application was recently submitted by Mr. Robert Yost; therefore staff recommends the City Commission
consider appointing Robert Yost to the Citizen Advisory Council for Ocoee Police Department with a term
ending January 1, 2013.
Approved on Consent. Motion carried 5-0.
3. Reappointments to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three year terms. There are currently no applications currently on file. The three-year terms of Carolyn
Alexander and Julius Sais will expire in June. Both of these members have indicated they are willing to serve
another term, if reappointed.
Approved on Consent. Motion carried 5-0.
4. Approval to Declare 1996 Pierce Dash 75' Aerial and Two 1994 KME Pumpers as
Surplus, and Approve the Associated Broker Service Agreement with Ten-8 Fire
Equipment to Sell the Three Units and Amend the 09/10 FY Budget to Use Funds from
FY09-10 budget approved $50,000 for the purchase of a woods truck and $75,000 for the purchase of a
transport capable vehicle. The funds were based on revenue of $125,000 coming in from the sale of the 1996
Pierce Dash 75" aerial. It is also desired to sell the two 1994 KME pumpers along with the 1996 Pierce Dash
aerial. Accordingly all three trucks need to be declared surplus. Once declared surplus, the corresponding broker
service agreement with Ten-8 needs to be approved to sell the vehicles. This is the preferred method of sale by
both the FD and Finance Department. The Fire Department's priority and immediate need is to purchase a
transport capable vehicle to replace the current non-transport capable Rescue Squad 25 pickup truck. A budget
change to approve the purchase of only the transport capable vehicle using all of the funds from the sale is
needed. The replacement of the woods truck will be addressed in the future as funds allow.
Approved on Consent. Motion carried 5-0.
5. Approval of State Highway Lighting, Maintenance and Compensation Agreement and
Resolution. (Public Works Director Krug)
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This agreement provides for funding from FDOT to the City to help defray the costs of street light operation
and maintenance on several State highways within Ocoee's corporate limits. The work order under this
Agreement will provide Ocoee with an annual payment of $26,507.79 for the 2010-2011 fiscal year. This
figure reflects a 3% increase per unit cost from the previous year. Public Works recommends approving the new
work order under the State Highway Lighting, Maintenance and Compensation Agreement and Resolution.
Approved on Consent. Motion carried 5-0.
The resolution as approved carries the following caption:
RESOLUTION NO. 2010-007
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A STATE HIGHWAY LIGHTING,
MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE CITY
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
MAINTENANCE OF STREET LIGHTING ON STATE ROAD RIGHT-OF-WAYS BY
THE CITY; PROVIDING AN EFFECTIVE DATE.
6. Transfer of Capital Improvement Program Funds to Cover Additional Costs on the
on Consent. Motion carriE
G. PUBLIC HEARING -FIRST READING OF ORDINANCE
7. First Reading of Ordinance Relating to Amending the Ocoee Land Development Code
Re: CRA Target Areas Special Development Plan. (Second Reading and Public Hearing is
scheduled for Judy 6, 2010, Regular Commission Meeting at 7:15 p. m. or soon thereafter). (Advertised in the
Orlando Sentinel on Sunday, June 6, 2010). (Development Services Director Shadrix)
In order to implement the goals identified for the Ocoee Community Redevelopment Area (CRA), the CRA
Board budgeted funds to hire a consultant to assist in the development of an Overlay Plan. In June of 2009, a
contract was entered into with Glatting, Jackson, Kercher & Anglin (now AECOM) to initiate a visioning
process. This process would lead to the creation of a Regulating Plan which would guide growth within the
CRA and certain areas adjacent thereto which were included in the original blight study, but which are not
located within the CRA. As visioning unfolded, three primary target areas were identified which offered the
greatest potential for development to meet the overall objectives of the Ocoee CRA Redevelopment Plan. The
CRA Target Areas are located within the Minorville and Lake Bennet Activity Centers. The CRA Target
Areas Special Development Plan is the culmination of many months of work with local stakeholders, land
owners, developers, local businesses, hospital staff, and City officials to create a planning guide encapsulating a
shared vision for new growth. This process creates a vision and provides an interim mechanism that may be
used to allow quality development to occur within the Target Areas prior to execution of a true form-based
code.
City Attorney Rosenthal read the title of the ordinance.
CRA Director Wagner discussed that this is the next step in the approval process for the
Special Development Plan which is a change in the LDC and changes used in three target areas
in the CRA area. These regulations will only affect properties in those target areas. We will
later move into a complete form-based code which will affect the entire CRA area. He discussed
the P&Z and CRA Board joint meeting and subsequent P & Z Public Hearing. He added that the
background planning has been paid for and completed by the city that the developers normally
have to do. The next step will be to develop a Capital Plan so we know how we are going to
develop it over the next several years. He added that the Multi Mobility Transportation process
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will be part of the Capitol Plan. Some of the things being considered are a rapid bus, commuter
train that could be tied in with a light rail or trolley system in the future, an event train that would
go downtown to the arena and other such areas. Mr. Wagner stated there are some other specific
plans such as Blackwood Avenue Streetscape, the Marketing Program, etc. He acknowledged
members of the audience from the various target areas and said that more will probably be
present at the Final Public Hearing.
Mayor Pro Tem Johnson opened the Public hearing. There being no one wishing to speak, the
Public Hearing was closed.
Mayor Pro Tem Johnson announced that the second reading and second Public Hearing will be
held on July 6, 2010 at 7:15 a.m. or soon thereafter.
Commissioner Wilsen thanked Mr. Wagner for the presentation and all of his staff's hard work.
Mayor Pro Tem Johnson said it is great the city manager and city staff work together with the
developers by going to them for input instead of waiting for them to come to us. The CRA will
be a great to get toward economic development with the tax dollars being put back into the city.
H. PUBLIC HEARINGS -SECOND READING OF ORDINANCE
8. Second Reading of Ordinance to Repeal and Replace Ordinance No. 2001-06, entitled
"Water Shortage Measures" with "Water Conservation for Landscape Irrigation".
(Advertised in the Orlando Sentinel on Sunday, June 6, 2010. Public Hearing scheduled at 7:15 p. m. or soon
thereafter). (Utilities Director Smith)
The City of Ocoee adopted Ordinance 2001-06 on February 20, 2001, establishing uniform citywide water
shortage measures during drought periods. The ordinance included a provision to adhere to any restriction
imposed by either St. Johns Water Management District or South Florida Water Management District during
drought periods. The new ordinance provides a more comprehensive year-round water conservation program
that includes a defined, allowable irrigation schedule. The proposed ordinance is consistent with SJRWMD;
and SFWMD allows for the City of Ocoee to decide which district's requirements it adopts. The City must be
consistent with the districts to be eligible for any grant funding.
City Attorney Rosenthal read the title of the ordinance.
Utilities Director Smith stated that the agenda packet explained the major differenced between
the two ordinances. It is now more of a year round program; the ordinance has been revised to
be applicable to SJRWMD model ordinance. It allows for water violators to attend some forms
of training or education so the violation would not be assessed against them.
Mayor Pro Tem Johnson opened the Public hearing.
Nancy Christman from SJRWMD spoke in favor of passing this ordinance. She discussed the
importance of water conservation. She added that the passage of this ordinance makes the city
eligible for funding from SJRWMD with regard to water conservation education and efforts.
Commissioner Johnson asked why SJRWMD regulates all of the municipalities but allows
companies such as Niagara Water take water out of the aquifers. Ms. Christman said no one
pays for water that comes from the ground, what people pay for is to take the water and treat it
and distribute it to homes and business. Private Industries that fit the permitting criteria are no
different than Public Utilities who can pump from the aquifer at no charge. Commissioner
Johnson said he feels private entities should be charged a tax. Commissioner Hood asked how
many gallons they are allowed to pull. Ms. Christman said all entities have to demonstrate a
need for the water. Commissioner Johnson clarified that agriculture such as fruit and vegetable
gardens are not restricted to watering once per week. Mr. Smith advised anyone is allowed to
hand water or use micro-irrigation (low pressure) systems at any time.
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Mayor Vandergrift returned to the dais. Mayor Vandergrift clarified that there is no
exception for those periods of time when the temperature is in the 90's for several days.
Watering is still required to be done in the morning hours on your specified watering days.
R. P. Monacky, 1820 Prairie Lake Blvd., asked way the "units used" is not on the bill anymore.
Mr. Smith explained that it is still on the bill, as well as a 12-month history of usage.
Mayor Pro Tem Johnson closed the Public Hearing.
Commissioner Keller confirmed that this ordinance only applies to potable water. Utilities
Director Smith said it is potable and well water throughout the city. Reclaimed or harvested
storm water do not apply to this article.
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance No. 2010-007, amending Ordinance 2001-006 with regard to water
conservation, as recommended by staff. Motion carried 5-0.
The ordinance as adopted carries the following caption:
ORDINANCE NO. 2010-007
AN ORDINANCE OF THE CITY OF OCOEE FLORIDA PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE
IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT;
REPEALING THE CURRENT CHAPTER 175 OF THE CITY CODE ENTITLED WATER
SHORTAGE MEASURES AND ADOPTING A NEW CHAPTER 175 ENTITLED WATER
CONSERVATION FOR LANDSCAPE IRRIGATION; PROVIDING INTENT, PURPOSE
AND DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES;
PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES;
PROVIDING FOR ADDITIONAL REQUIREMENTS FOR AUTOMATIC IRRIGATION
SYSTEMS; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE
WEEK LIMITATIONS; PROVIDING FOR CITYWIDE APPLICATION OF NEW
CHAPTER 175; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING
FOR APPEAL OF VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
L REGULAR AGENDA
9. Glad Tidings Church Development Agreement. (City Attorney Rosenthal)
Ocoee Glad Tidings Assembly of God has previously obtained a Special Exception Approval which provided
for its property to be developed in four phases. Glad Tidings has now applied to the City for apreliminary/final
approval of the small scale site plan for the Phase II development. A Traffic Study was performed in
connection with the buildout of the 4 phases. The Study identified certain roadway deficiencies which need to
be addressed by Glad Tidings. As a result, a Development Agreement is required prior to City approval of the
small scale site plan for Phase II.
This item was moved up on the agenda and heard before Staff Reports and Agenda Review.
City Attorney Rosenthal explained that the City previously provided them with a Special
Exception Approval which provided for the property to be developed in four phases. They are
now applying to the City for the Preliminary/Final Approval of the Small Scale Site Plan for the
Phase II Development. The traffic study was performed in connection with the build out of the
four phases; the study identified certain road deficiencies which needed to be addressed. As a
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result a Development Agreement needed to be approved before staff can approve the site plan.
Staff recommends approval of the Development Agreement as provided by Staff in your agenda
packet.
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the
Development Order with Glad Tidings Assembly of God as recommended by
staff. Motion carried 5-0.
10. Approval of Website Promotion Campaign -CGI Communications. (Community
Relations Manager Wright)
CGI Communications has offered to produce and film a free online video to promote the City of Ocoee. The
video would be posted on the City's web site. CGI has created videos for more than 1,000 communities
nationwide. There would be no cost to the City. The video would be paid for with advertising purchased from
local businesses, here in Ocoee. 'The City's online video would give a brief overview of the wonderful
programs and services Ocoee has to offer, by highlighting the city as The Center of Good Living.
Community Relations Manager Wright gave a presentation and overview of the online video
program. Discussion followed.
Without objection this item was tabled until the next meeting so that the
agreement can be reviewed by the City Attorney and brought back to the
commission and a representative of the company can be present, if possible.
11. Red Light Camera Issues.
a. Resolution Implementing the Mark Wandall Traffic Safety Act (the State "Red Light"
Statute) and Authorizing Traffic Infraction Enforcement Officers to Issue Traffic Citation
Based upon the Use of Traffic Infraction Detectors. (Police Lt. Dreasher)
The regulation of cameras for enforcing red light vio~at~ons ~s expressly exemptea to me stale as u~ ~uiy ~, ~~~~.
CS/CS/HB 325 establishes a uniform statewide framework for the use of traffic infraction detectors. This Resolution
provides for the implementation of this program in the City of Ocoee.
Police Chief Brown stated that the Commission needed to approve this resolution so that the
Red Light Traffic Safety Program can be continued through the Mark Wandall Act. City
Attorney Rosenthal explained that we have our ordinance in place and we are continuing to
enforce our ordinance. There is a lawsuit filed and pending at this time against Ocoee's
ordinance and other municipalities throughout the state. They were not moving forward with it as
they were waiting to see what the legislature was going to do during this session. The Bill that
passed did not ratify any past actions of local governments in terms of these types of ordinance.
It is possible that the new statute will have no affect on the litigation, other than the potential pot
of money that would be realized from the litigation will be cut off as of July 1, 2010.
At this time, the insurance company is handling the litigation, after July 1St the attorneys will be
handling the issues. He stated that the emergency ordinance that is on the agenda says that our
ordinance will be changed to say that it only applies to violations occurring on or before June 30,
2010. It will be clear from a legal standpoint that'our existing ordinance does not apply to
anything that happens from July 1, 2010 or thereafter. That cuts off a legal challenge that our
ordinance is contrary to the state statute because of the cut off. Orlando did it the same way.
The Police Infraction Hearing Board will be continuing for several months because there are
violations in the system which will go through our existing process and the money will be
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City Commission Regular
June 15, 2010
handled in the same manner that it has been in the past. Uncollected fines will be dealt with once
we see what happens with the litigation. The state statute does not expressly required
implementing action by the local government but in talking with ATS and their conversations
with other local governments the feeling is that the City should take some affirmative action by
ordinance or resolution, if you already have a program in place, to say that you want to
participate in the program in accordance with the state statute. That is why there is a resolution
to be adopted under l la. The other aspect is the Agreement with ATS (Item l lb). Our current
agreement gives them $40 for each citation issued and collected. The new legislation states you
can't have those types of agreements based on the number of citations issued, so we need to
revise the ATS agreement where the City has to pay ATS on a monthly basis per signal with the
fee being $4750 per camera, per month. We currently have five cameras. Additionally, the city
will pay for the certified mail cost if the payment has not been made and a Uniform Traffic
Citation is issued which must be sent by certified mail. The draft agreement is in the agenda
packet and it is a work in progress between now and July 1, 2010, while they work out the details
and make sure all proposed changes are in accordance with state law, the main issue being the
shift from a per citation payment basis to the flat fee basis.
Under new legislature, if the person does not pay within 30 days, a uniform traffic citation will
be issued and it will be handled by the court system rather than our local infraction board. The
county court system has been meeting with the various chiefs and they are getting prepared to
handle these appeals in the court system. There will be less money coming into the City, but the
expectation is that the collection will be higher.
Mayor Vandergrift asked about court costs. Chief Brown stated that once a person does not
pay our fine within 30 days, it is turned over to the court system and a $98 fee will be added by
the clerk of court. There was discussion with regard to using camera technology to enforce
speeding in neighborhoods. Mayor Vandergrift asked them to look into how Arizona has
accomplished them.
City Attorney Rosenthal read the title of the resolution.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Resolution 2010-008, authorizing the use of traffic infraction detectors within the
city's jurisdictional limits to enforce the state of Florida uniform traffic code;
implementing the Mark Wandall Traffic Safety act effective July 1, 2010. Motion
carried 5-0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2010-008
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE USE OF
TRAFFIC INFRACTION DETECTORS WITHIN THE CITY'S JURISDICTIONAL
LIMITS TO ENFORCE THE STATE OF FLORIDA UNIFORM TRAFFIC CODE;
IMPLEMENTING THE MARK WANDALL TRAFFIC SAFETY ACT EFFECTIVE JULY
1, 2010; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
b. Amendment No. 1 to Agreement with American Traffic Solutions, LLC Pertaining to
the Red Light Camera Enforcement System. (Police Lt. Dreasher)
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The City entered into an Agreement with ATS in December 2008. The Mark Wandall Traffic Safety Act
prohibited a local government from including certain provisions in these types of agreements. The Amendment
will bring the Agreement into conformity with the Act.
City Attorney Rosenthal stated the agreement passed out to them is still a work in progress and
he is asking that the Commission give himself and City Manager Frank the authority to make
whatever changes are necessary.
Commissioner Keller confirmed that our revenues will exceed the new fixed costs of operating
the five cameras. Commissioner Wilsen asked about the contract length and terms. City
Attorney Rosenthal said he will be sure there is some language in the contract that allows them
to remove a camera if we choose to. There was some discussion about the effectiveness of the
red light camera and placing red light cameras on state highways.
Commissioner Wilsen, seconded by Commissioner Keller, approve the proposed
Amendment No. 1 to the Agreement with American Traffic Solutions, LLC
pertaining to the red light camera enforcement system, along with such further
changes and revisions thereto as may be agreed to by the City Manager and City
Attorney and authorize execution thereof by the Mayor and City Clerk, with
funding for the costs associated with the Amendment coming from penalties
collected and retained by the City for violations under the Mark Wandall Traffic
Safety Act. Motion carried 5-0.
Emergency Item -Ordinance
City Attorney Rosenthal read the title of the ordinance and explained that the recently adopted
state statute is going to become effective July 1, 2010 and the City Commission needs to amend
our ordinance in order to conform to the state statutes.
Mayor Vandergrift opened the Public hearing. There being no one wishing to speak the Public
Hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Emergency Ordinance 2010-008, and amending Section 168-16(a) of the Ocoee
Code of Ordinances in order to conform the City's Traffic Light Safety Article with
the Mark Wandall Traffic Safety Act. Motion carried 5-0.
The Emergency Ordinance as adopted carries the following title:
ORDINANCE NO. 2010-008
AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
SECTION 168-16(A) OF THE OCOEE CITY CODE IN ORDER TO CONFORM THE
CITY'S TRAFFIC LIGHT SAFETY ARTICLE WITH THE MARK WANDALL TRAFFIC
SAFETY ACT, CHAPTER 2010-80, LAWS OF FLORIDA; FINDING THE EXISTENCE OF
AN EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
J. STAFF ACTION ITEMS -none
K. COMMENTS FROM COMMISSIONERS
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City Commission Regular
June 15, 2010
Commissioner Keller -none
Commissioner Johnson-none
Commissioner Wilsen- acknowledged Mark Anthony's wife in the audience from the Bread of
Life Ministries and said there was a good article in the paper about the services they provide.
Commissioner Hood- none.
Mayor Vandergrift- 1) said the Town Hall Meeting with Representative Brian Nelson is
tomorrow night in the Ocoee Commission Chambers at 7:00 p.m., 2) mentioned an Oak tree
along Silver Star Road that had been cut down to a stump; we need to look into amending the
ordinance to prevent that from happening.
ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
Attest:
~.VL~ ,
~- ikenberry, City Cler
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayor
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