07-20-10MINUTES
OCOEE CITY COMMISSION
July 20, 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. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood (absent), Commissioner Wilsen, Mayor Vandergrift,
Commissioner Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, Acting City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Introduction of New Ocoee High School Principal Mr. William "Bill" Floyd. (Mayor
Vandergrift) Principal William "Bill" Floyd spoke to the Commission and residents said he
grew up in West Orange County and was previously the principal at Apopka High School. He
stated that he looks forward to delivering the best possible students.
Presentation - Promotion of Fire Department Engineer Colin McCormick and
Introduction of Three New Fire Fighter Paramedics. (Fire Chief McNeil)
Fire Chief McNeil introduced three new employees for the Fire Department: Firefighter
Paramedic Ryan Sandberg, Firefighter Paramedic Jaime Escobar, and Firefighter Roxanne
Trager. Family members pinned their badges and they were welcomed to the City.
C. COMMENTS FROM CITIZENS/PUBLIC
Jeremy Bellis, 321 Trancas Court, Ocoee, said he has talked to several employees with regard to
his parking issue for his trailer. Due to the uniqueness of his property, the sloping does not allow
him to place the trailer up next to the house as the code currently requires. He is asking for a
means or process to be made exempt from that part of the code. He stated he has no complaints
from his surrounding neighbors. Discussion followed with regard to variances; Mr. Bellis said
Principal Planner Rumor looked for something in the code but could not find anything that
would work as a variance. Development Services Director Shadrix stated that they would like
find a mechanism to allow this exception and felt that if the neighbors could put something in
writing they can at least refrain from enforcing the current. Consensus of the Commission
is for Mr. Bellis to work with Deputy Fire Chief Stanley on a resolution to this
Code issue.
D. STAFF REPORTS AND AGENDA REVIEW ~
City Manager Rob Frank gave the following report:
1) There are no changes to the evening's agenda.
City Commission Regular
July 20, 2010
2) There was an emergency purchase. The wastewater plant's bar screen unit #2 was having
significant failure which led to operational issues. The unit is a specialty item, sole-sourced and
manufactured by I Kruger who holds the patent for the process in our plant. Total cost with
installation: $55, 217.00. This was in the capital replacement for the plant for next year. Funds
for the current purchase are coming out of the Replacement and Renewal Fund for
wastewater/utility. The projected cost for next year's capital replacement was $85,000.
Commissioner Wilsen asked where the funds were being taken from. Mr. Frank responded
that they will be taken from the replacement and renewal fund which is like a trust fund for
replacing things that wear out.
Commissioner Wilsen, seconded by Commissioner Keller, moved to ratify the
expenditure of $55,217 for the purchase and installation of a wastewater bar
screen unit. Motion carried 4- 0.
3) Projects:
Pioneer Key I Rehabilitation Proiect -Advertisement for bids will be out early August.
Sorenson Park Access Improvement -Bid is on the agenda tonight, it is about $20,000 over
budget, but it is believed that it can work if there are small changes to the project's scope after
the bid is awarded, changes such as fencing and paving and a reduction in the amount of concrete
being used for sidewalks. Commissioner Johnson asked if that is the road coming in beside the
Tom Ison Center. Mr. Frank answered affirmatively. The commissioner further asked if they
are going to fix the sign and landscape the trees in the area. Capital Improvement Program
Manager Butler responded that the City has a program to upgrade all the City's signs to city
facilities, and they have picked out a new project to do just that. Mr. Butler continued that the
project will start at the end of the paved road and continuing to the concession stands. The
intention was to redo some of the spots on the existing road, but in an effort to contain costs, they
will be starting at the end of the paved road and continuing on around.
City Hall Access & Stormwater Improvements - CIP Manager Butler stated the bids will be
advertised and will have an August lOt bid opening date. He said the project started many
months ago, but took a while to do the design. It was advertised on the previous Sunday, with a
bid opening date of August 10th, and an award on August 17th. Construction is to start
September 1St or at the end of August. Staff is trying to get it done quickly in time for Founders'
Day. For that purpose there is a fairly high penalty if anything is left open to construction during
the week of Founders' Day. Work may be allowed in the evening and on weekends to make the
deadline. There will also be access to city hall and the community center and a place for
employees to park. The bid contains 70 bid items. There are several things that relate to safety
such as the stairs for the gazebo and the parking lot stairs which were actually removed for a
while due to safety problems. The stairs will be repaired and replaced so that they will be up to
code. An 8 foot wide sidewalk, which Commissioner Keller had requested, will be put in
through the city hall property and a 6 foot wide sidewalk on Oakland Avenue. A storm sewer
system will be installed that will collect water up the hill. The City Hall driveway will be
widened and straightened. The road that goes from City Hall down to the Maguire house will be
moved and flipped so that it is up at the top of the hill rather than being in that slope. Making
such a change will avoid the problem of cars coming out of parking and going right into ongoing
traffic due to the `S' curve. Mayor Vandergrift asked if there was some kind of diagram that the
commission could look at to be able to see what Mr. Butler had just described. Mr. Butler
replied that he was getting to that. There will also be curbing and gutters installed; a realignment
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City Commission Regular
July 20, 2010
of community center parking, and make repairs to a lot of internal things and make parking look
better along Lakeshore Drive. There were three ad alternates that came out of the review
process. From staff reviews it was recommended planters and uplights be installed along the
trees on Lakeshore Drive which would give additional lighting and electrical hookups, if needed.
Gazebo aluminum railing will be installed, and it will match the new stairs. The mayor asked
Mr. Butler if the railings could be wrought iron for aesthetics sake. Mr. Butler replied that he
thought the aluminum would look nice. They will widen Oakland Avenue so that trucks can
make the turn. Mr. Butler said Special items such as the Veteran's memorial, grape arbor, wood
garage, cattle guard, and the city hall signs, would be discussed during interactive portion of the
presentation. He said that they would be realigning the area such that there would be a sidewalk
to the community center so that one no longer has to walk in the street to get to the facility.
Storm sewers will be added that are indicated by redlines in the diagram. He described where the
storm sewers would be located. The employee parking lot will be eight feet narrower. The wall
and steps will be removed and made smooth so that one can either walk to the Maguire house or
proceed further down the road. Some of the steepness will be removed from the hill. The new
City Hall sign will be added. Mayor Vandergrift asked about the plans for the vacant land
where the old fire station used to sit. Mr. Butler replied that the new City Hall sign would be
placed there. The mayor asked why the sign would not be in the median. Mr. Butler answered
that while originally the sign was designed to be in the median the decision was made not to put
the sign in the median so that it would not be affected by large trucks on the street. The mayor
asked why not widen the road make use of the vacant land. City Manager Frank replied that
they were concerned that the new sign would not fit in the median given its design. The plan is
to create a design for signs to be used throughout the city. He added that they would be
discussing the design of the sign with the commission further on in the presentation. If the
commission does not like the design, they could go with something narrower and place it in the
median. Commissioner Wilsen stated that she had a problem with the location of the current
City sign. Mr. Butler replied that it has been moved in the new plans. Mayor Vandergrift
asked Mr. Butler to show them where the cattle guard will be. Mr. Butler explained the
historical value of the cattle guard, but explained that it needs to be on the road as it used to be.
Commissioner Johnson asked where it is going to be placed. Mr. Butler said that is what he is
seeking from the commission and added that it is in disrepair and will need some work.
Commissioner Johnson suggested placing near the Maguire House. Discussion ensued with
regard to placement and display of the cattle guard. Mr. Butler brought up the matter of the old
garage. It's been suggested that it be taken apart and relocated. Commissioner Wilsen asked if
it had historical registry value. Mayor Vandergrift said it is a historical part of the Maguire
House and that the structure is older than the City. Mr. Butler said that the conundrum is that
there's an old grape arbor there right in front of the doors to the garage. The grape arbor will be
rebuilt with a brick patio and would be a venue location where food could be served, etc; shuffle
board courts would be removed making it available to place tents there for weddings and such.
The mayor asked what happened to the shuffle board courts. The commissioners asked Mr.
Butler to show them what interference the garage would cause. Further discussion ensued
regarding possible replacing, repairing, or relocating of the garage. Commissioner Wilsen
asked if there had been any discussions with the Historical Society. Mr. Butler replied that he
had spoken with Ms. Applegate and Ms. Kinney. Mr. Butler said that he would see what he
could do to try and preserve the tree. Commissioner Wilsen said she is not insensitive to
history, but they need to look at how much would be spent to save it vs. its value.
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City Commission Regular
July 20, 2010
Commissioner Keller agreed. Mayor Vandergrift said he would like to get bids for all three
alternatives move it, restore it, or tear it down. Mr. Butler said he can amend the bid that is out
to include those things. Mayor Vandergrift discussed surrounding the city complex with a
Walk of Fame, where engraved bricks could purchased for placement in the walkway.
Commissioner Johnson said to get a price on that and let's move on to the sign. Commissioner
Wilsen stated that this plan ties in to what she has been stating about using the Withers Maguire
House to generate funds...and fun.
Mr. Butler said that they're looking to install a quarter circle sign at Lakeshore Drive. It will
say `the City of Ocoee' on it. He said that there's nothing currently identifying the City Hall on
the Lakeshore Drive side. Mr. Butler said the sign on Bluford's design is similar to the one at
Bill Breeze Park. He discussed alternative designs and asked for the commission's input.
Commissioner Keller said that if the logo changed the sign would have to be changed.
Commissioner Johnson asked if there was a way to put a miniature fountain on the side of the
sign with lighting and the City's name on the sign. Mayor Vandergrift reminded that the area
should be wheelchair accessible. The commission agreed by consensus that the sign
(on Bluford Avenuel will sav Ocoee City Hall Mr. Butler said that they will look at
putting water fountains on either side of the sign. The Mayor recapped the discussion thus far
was to have three bids for the garage, widening road with left and right turn coming out of city
hall and keeping the median, walk of fame may be a dead subject, and he said he would like to
add that the hill be sloped so that there is one big parking lot. Commissioner Johnson said he
liked keeping those areas separate. Mayor Vandergrift said that additional parking for city
vehicles should not be between city hall and Bluford, it should be moved over in front of the
Community Center. Mr. Butler said that they will be fixing the parking lot between City Hall and
the Maguire house that will have nine spaces for city vehicle parking. The mayor asked how
many trees will be removed. Mr. Butler replied that only trees that are growing under other
trees. They will not be removing trees for buildings. Parks & Recreation staff has helped them to
identify the right trees. Mayor Vandergrift brought the matter of using LED signs. He pointed
out that the current sign is not always up to date. IT could be kept up to date and edited by the
Clerk's Office staff. Commissioner Wilsen did not feel that the signs will fit aesthetically.
Commissioner Johnson said the signs could be done if it's made to appear as though it fits into
the area. He would allow it just for that purpose. Commissioner Keller said his question is that
if they did that, would they allow other folks along West Colonial to place LED signs as well.
Telling them `no' could cause a disturbance. Commissioner Johnson said we would have to
control what type of signs through the building department. Mayor Vandergrift added that
allowing that LED signs could reduce overall signage. Commissioner Wilsen suggested that
they get price information. City Attorney Rosenthal said that an amendment to the Land
Development Code (LDC) would have to be made and it would have to apply citywide. He
expressed doubt that it could be done in time for Founders' Day. The Mayor asked if there is an
opportunity for a special exception to the code. Mr. Rosenthal said he didn't think so, but he did
not have the provisions in front of him. Development Services Director Shadrix suggested that
there are many different types of LED signs and that the commission could authorize staff to
bring back examples of signs with the accompanying descriptions, prices. City Manager Frank
said that staff could get the sign information, asking Mr. Butler to put in an ad alternate. The
issue will have to be brought back to the commission with numbers and sign designs. Mayor
Vandergrift said that staff should look at obtaining a special exception. Mr. Rosenthal said
that he was doubtful that this issue would be something contained in a special exception
Page 4 of 14
City Commission Regular
July 20, 2010
according to the City's code. The mayor directed the attorney to give it a try. Commissioner
Wilsen asked that pricing information be obtained. Mr. Butler announced that the plans are
available for review if anyone cares to see them in more detail.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Wilsen-none
Commissioner Johnson-none
Commissioner Keller-none
Mayor Vandergrift 1) read a newsletter from the Women's Club of Ocoee regarding upcoming
events and fundraising efforts
~ F. CONSENT AGENDA
1. Approval of Minutes for Regular City Commission Meeting Held July 6, 2010. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 4-0 with Commissioner Hood absent.
Building Services, Inc. for an Amount Not to Exceed $76,000.00. (Purchasing Agent
Tolbert)
The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City)
solicited bids from qualified contractors to reconstruct the access road, add sidewalks, improve bleacher and
scorer's stand structures, replace baseball dugouts, and make related improvements at Sorenson Park in north
central Ocoee. The intent of the project is to provide improved access to recreational facilities.
Approved on Consent. Motion carried 4-0 with Commissioner Hood absent.
3. Approval of Edward Byrne Memorial Justice Assistance Grant FY 2010, Application
2011-JAGC-1325. (Police Chief Brown)
An amount totaling $17,776 has been made available for the Ocoee Police Department through the Edward
Byrne Memorial Justice Assistance Grant. With this money, staff recommends the purchase of digital radios to
become compliant with pending Federal mandates and maintain interoperability with surrounding law
enforcement agencies. In order to maintain compatibility and interoperability with Motorola radios currently
utilized by the Orange County radio users group, Motorola radios must be purchased. Motorola is a sole source
provider for these radios, and offers only the Orange County contract pricing.
Approved on Consent. Motion carried 4-0 with Commissioner Hood absent.
4. Approval of Change Order No. 1 with Schuller Contractors, Inc. for the Reclaimed
Water System Retrofit for Wedgewood Commons &Whitehill Subdivisions. (City
Engineer Wheeler)
The Reclaimed Water System Retrofit for Wedgewood Commons and Whitehill Subdivisions is a retrofit
project which provides 156 residential homes with reuse water for irrigation. The system connects to the
existing system at White Road and Clarke Road. The project also provides a 16" reclaimed main to facilitate
future system expansion.
Due to conditions in the field during construction a portion of reclaimed water main had to be installed using
open-cut due to utility conflicts, MJ adaptors had to be used for valve and fitting connections due to warranty
issues, and electrofusion couplers where used for connections to eliminate the need for large pits to be made. As
with any construction contract that includes unit pricing and estimated quantities, the actually installed
quantities need to be reconciled with the contract.
Approved on Consent. Motion carried 4-0 with Commissioner Hood absent.
Page 5 of 14
City Commission Regular
July 20, 2010
5. Approval of Resolution Regarding Orange County Local Mitigation Strategy.
(Development Service Director Shadrix)
The Orange County Local Mitigation Strategy Working Group is intent on fmding reasonable approaches to
making communities more resistant to disasters and ensuring that any redevelopment in the aftermath continues
to lessen future vulnerability to those impacts. One of the most effective ways to do this is to have every local
government recognize the importance of hazard mitigation and to develop and adopt the Local Mitigation
Strategy (LMS).
City Attorney Rosenthal read the title of the resolution.
Approved on Consent. Resolution adopted. Motion carried 4-0 with
Commissioner Hood absent.
The resolution as adopted carried the following title.
RESOLUTION NO. 2010- 011
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, APPROVING OCOEE'S
DESIGNATED PORTION OF THE ORANGE COUNTY LOCAL MITIGATION
STRATEGY AND PROVIDING FOR THE IMPLEMENTATION TI # F. ~2l:OF.
G. FIRST READING OF ORDINANCE
6. Health Central. (Second Reading and Public Hearing is scheduled for August 3, 2010, Regular
Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer)
With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the
authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The
subject properties are contiguous to the City limits on the north and west. To the north and west is property
owned by Health Central. Health Central and the City will not be entering into an Annexation or Developer
Agreement with this annexation as the parcels are located within the Target Area #3 of the CRA Target Areas
Special Development Plan.
~ a. Annexation
City Attorney Rosenthal read the title of the annexation Ordinances 2010-010 and
2010-011.
Mayor Vandergrift announced that the second reading and public hearing will be held on
August 3, 2010 at 7:15 p.m. or as soon thereafter as possible.
b. Rezoning
City Attorney Rosenthal read the title of rezoning Ordinances, No. 2010-012, 2010-013,
2010-014
Mayor Vandergrift announced that the second reading and public hearing will be held on
August 3, 2010 at 7:15 p.m. or as soon thereafter as possible.
Page 6 of 14
City Commission Regular
July 20, 2010
H. SECOND READING OF ORDINANCE -PUBLIC HEARING
7. RT Ocoee, LLC. Advertised in the Orlando Sentinel on Thursday, July 8, 2010). (Senior Planner
Howell)
The applicant is requesting to rezone the subject property from General Industrial (I-2) to Restricted
Manufacturing & Warehousing (I-1). The rezoning is being requested to permit awholesale/internet vehicle
sales location where customers will be invited onto the premises by appointment only with the appointments
being setup through the Internet. The applicant is requesting the rezoning since the I-2 zoning designation does
not permit car sales as an allowable use.
a. Rezoning
City Attorney Rosenthal read the title of the rezoning ordinance.
Senior Planner Howell gave a summary of the rezoning being requested.
Mayor Vandergrift opened the public hearing.
The business owners were present and available for questions.
Mayor Vandergrift closed the public hearing.
Commissioner Johnson, seconded by Commissioner Wilsen moved to approve
Ordinance No. 2010-016, approving the rezoning of the subject property Motion
carried 4-0 with Commissioner Hood absent.
The ordinance as adopted carries the following title:
ORDINANCE NO.2010-016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM OCOEE "I-2" ZONING, HEAVY INDUSTRIAL DISTRICT TO
OCOEE "I-1" ZONING, LIGHT MANUFACTURING AND WAREHOUSING DISTRICT,
FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 1.93 ACRES
LOCATED NORTH OF AND ADJACENT TO CAPITOL COURT AND EAST OF AND
ADJACENT TO L.F. ROPER PARKWAY, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CTTY
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.
b. Development Agreement
City Attorney Rosenthal noted that revisions had been made to the Development Agreement
from the original draft to address issues brought forward by the Planning and Zoning Board. The
developer has agreed to those changes.
Commissioner Johnson, seconded by Commissioner Keller moved to approve
the Development Agreement between RT Ocoee, LLC and the City of Ocoee per
staff recommendations and authorized execution by the Mayor and City Clerk
Motion carried 4-0 with Commissioner Hood absent.
Page 7 of 14
City Commission Regular
July 20, 2010
c. Waivers
Principal Planner Howell explained the three waivers that had been requested by the applicant.
Commissioner Wllsen, seconded by Commissioner Johnson, moved to approve
the three waivers listed below as requested by the applicant and per staff
recommendations. Motion carried 4-0 with Commissioner Hood absent.
WAIVER #1: REQUEST IS TO SECTION 6.14(1)(F)(13) OF THE LAND DEVELOPMENT CODE. THIS SECTION OF THE
LAND DEVELOPMENT CODE REQUIRES ROWS OF PARKING NOT TO EXCEED 90-FEET IN LENGTH. THIS WAIVER O
ALLOWS ROWS OF PARKING TO EXCEED 90-FEET IN LENGTH ON THE SITE.
WAIVER #2: REQUEST IS TO SECTION 6.14(1)(F)(14) OF THE LAND DEVELOPMENT CODE. THIS SECTION OF THE
LAND DEVELOPMENT CODE REQUIRES LINEAR LANDSCAPE ISLANDS MEASURING AT LEAST 180 SQUARE FEET IF AT
THE END OF A SINGLE ROW OF PARKING OR 360 SQUARE FEET IN AREA IF AT THE END OF A DOUBLE ROW OF
PARKING IN ORDER TO BREAK UP PARKING SPACES. THIS WAIVER ALLOWS NO LINEAR LANDSCAPE ISLANDS AT THE
ENDS OF PARKING ROWS.
WAIVER #3: REQUEST IS TO SECTION 6.14(2)(6)(1) OF THE LAND DEVELOPMENT CODE. THIS SECTION OF THE
LAND DEVELOPMENT CODE REQUIRES A MINIMUM OF A 25-FOOT WIDE LANDSCAPE BUFFER ALONG SECONDARY
STREETS. THE PROJECT FRONTS ROPER PARKWAY WHICH IS CONSIDERED A SECONDARY STREET PER THE LAND
DEVELOPMENT CODE. THIS WAIVER ALLOWS A 15-FOOT WIDE LANDSCAPE BUFFER ALONG ROPER PARKWAY.
I. REGULAR AGENDA
Bingo Program at the Ison Center. (Parks and Recreation Director Hayes)
The West Orange Senior Citizen Association (WOSCA) is requesting authorization to conduct a bingo program
at the Tom Ison Senior Citizen and Veterans Center on Sunday afternoons for approximately four hours each
day, from 1:00 pm. to 5:00 pm. Proceeds from the program will go to support the WOSCA and also be donated
to an organization that serves the Ocoee area. The program will be open to the general public and is anticipated
to attract approximately 30 to 50 participants on a daily basis. The WOSCA has requested that a contribution of
$100 per date be paid to the City in-lieu-of the rental fee of $65.00 per hour.
Parks and Recreation Director Hayes stated The West Orange Senior Citizen Association
(WOSCA) is requesting authorization to conduct a bingo program at the Tom Ison Senior Citizen
and Veterans Center on Sunday afternoons for approximately four hours each day, Proceeds
from the program will go to support the WOSCA and also be donated to a non profit
organization (not yet determined) that serves the Ocoee area. The program will be open to the
general public and is anticipated to attract approximately 30 to 50 participants on a daily basis.
The WOSCA has requested that a contribution of $100 per date be paid to the City in-lieu-of the
rental fee of $65.00 per hour.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Bingo Program at the Ison Center as recommended by staff Motion carried 4 0
with Commissioner Hood absent.
Page 8 of 14
City Commission Regular
July 20, 2010
(Deputy Fire Chief Stanley) f~aK
Both of these homes were severely damaged by fire~back in 2007 and have been declared unsafe, fire hazard,
and a nuisance. The Code Enforcement Board has authorized the City to abate the nuisance and assess the cost
against each property.
Deputy Fire Chief Stanley explained the demolition of these two properties would cost $7,906
for the Withers Court property and $9,845 for the Samantha Street Property. He further stated
that there are outstanding liens on both properties: $71,000 for the property on Withers and
$536,000 for the property on Samantha. He stated both properties are still owned by the
homeowners and Countryline Mortgage holds the mortgage on both. City Attorney Rosenthal
discussed that our demolitions costs and liens would probably be secondary to the outstanding
mortgage so there is to guarantee that the City will recover any money. He added that they are
looking into a different process where recovery of demolition costs may take priority over the
mortgages on future cases. He said John Hamilton from his office is working on that.
Mayor Vandergrift said he would like to wait to see if the process can be done differently to
recover the costs of demolition. He felt the answer could be brought forward at the next
commission meeting so he is voting no for now. City Attorney Rosenthal said that John
Hamilton in his office has been working on this.
Commissioner Keller, seconded by Commissioner Wilsen moved to approve the
expenditure of funds from the contingency account for demolition of the
properties at 1400 Samantha Street and 504 Withers Court Motion failed with a 2
2 tie, with Mavor Vandergrift and Commissioner Johnson opposed
City Attorney Rosenthal clarified that this will be brought back on the next agenda after
research is done to see if there are available means to recover the costs of the demolitions. They
will discuss it on Thursday at the City Attorney Day meetings.
10. Human Relations Diversity Board Issues. (City Clerk Eikenberry) '"'
a. Approval of Resolution 2010-010, Amending Resolution 2004-11 and Adopting
Changes to the HRDB General Purposes and By-Laws.
At the July 6, 2010, City Commission Meeting, HRDB Board Chair Maxwell expressed a serious ;nterPSr ;n
havmg two non-residents of Ocoee be considered for membership on the HRDB Board. Consensus of the
Commission was that the resolution and bylaws be amended on the next regular meeting agenda, allowing the
Commission to waive the residency requirement, prior to making appointments.
City Clerk Eikenberry explained that at the previous meeting the Commission requested an
amendment to the resolution allowing them to waive the residency requirement for HRDB
applicants before they would consider doing that. The first item is the amended resolution.
City Attorney Rosenthal read the title of the resolution.
Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt
Resolution No. 2010-010, approving the amendments to the resolution and bylaws
of the HRDB Board. Motion carried 3-0 with Commissioner Hood absent and
Mavor Vandergrift away from the dais
Page 9 of 14
City Commission Regular
July 20, 2010
Item #10 Continued
The resolution as adopted carries the following title:
RESOLUTION NO. 2010-010
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING RESOLUTION NO. 2004-011
RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY PROVIDING FOR A
CHANGCGE IN ATTACHEMENT "A" AND ATTACHMENT "B" TO RESOLUTION 2004-011 TO
ALLOW THE COMMISSION TO WAIVER CERTAIN MEMBERSHIP QUALIFICATIONS WHEN
THE COMMISSION DEEMS IT APPROPRIATE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
~ b. Appointment to the HRDB Board.
Pastor Gabriel Padilla, founding pastor of the multi-lingual, multi-cultural Elevation Christian in Ocoee, has
expressed an interest in serving on the Human Relations Diversity Board. Pastor Padilla is not a citizen of
Ocoee. He attended the last board meeting and introduced himself to the board. In addition to the board's
appreciation for the pastor's ties to the Hispanic community, the board feels that the pastor has a great stake in
Ocoee's growth and welfare. The board would like to have Pastor Padilla as a member. There are currently
two vacancies on the board.
Commissioner Keller, seconded by Commissioner Wilsen approved the
appointment of Pastor Gabriel Padilla to the HRDB Board and waive the residency
requirement. Motion carried 3-0 with Commissioner Hood absent and Mayor
Vandergrift away from the dais.
I c. Appointment to the HRDB Board.
Ms. Maria Irizarry, a citizen of Winter Garden, has expressed a serious interest in becoming a member of
Ocoee's Human Relations-Diversity Board. She has already volunteered to work with the board's
subcommittee for the Hispanic Heritage event. Additionally, she would like to use her talents and skills to
help the community by promoting diversity and understanding. At the last board meeting, Chairman Wm.
Maxwell expressed his desire to have Ms. Irizarry as a member of the board. There are currently two vacancies
on the board.
Commissioner Keller, seconded by Commissioner Wilsen, approved the
appointment of Ms. Maria Irizarry to the HRDB Board and waive the residency
requirement. Motion carried 3-0 with Commissioner Hood absent and Mayor
Vandergrift away from the dais.
11. Discussion and Direction: Cemetery Issues. (City Clerk Eikenberry)
a) The Installation of Crematory Vaults in the Ocoee Cemetery
City Clerk Eikenberry explained that the vaults were approved at budget time last year,
however when they proceeded with the purchase and installation of the columbariums in the
pavilion it was found that the condition of the pavilion floor was not good enough to support
the 4000# weight of the columbarium. The estimate given to repair the floor was $4,000 -
$5,000, and the estimate to repair the entire pavilion and better secure it is $25,000 - $30,000.
She added that other cities are charging other administrative fees for interment services and
opening/closing of cemetery niches so that is another option to recoup some of the costs.
Page 10 of 14
City Commission Regular
July 20, 2010
Item #11 continued
Commissioner Johnson said feels that has always been a city service we provide free to the
residents. He said he would like to move forward by making the repairs to the pavilion and
installing and one small columbariums.
Commissioner Johnson, seconded by Commissioner Wilsen moved to approve
the entire repair of the pavilion and installation of one columbarium.
Discussion followed regarding cost of the repairs and how much vs. how much would be
made from the sale of the crematory niches. City Clerk Eikenberry stated that other city-
owned cemeteries were charging an average of $600-$800 for residents and up to $1200 for
non residents.
City Manager Frank stated that with the demolition of the homes and the Founder's Day
balance are still pending; there may not be enough money left in the contingency fund to
pursue this.
Consensus of the Commission was to table this item to the next regular
Commission meeting when amount the will be available in the contingency
fund can be established.
b) Maintenance Issues
Consensus of the Commission was to add increased maintenance in the
cemetery to the budget wish list because it is not currently included in the
FY/10-11 budget as it is balanced.
c) Enforcement of Section 61-12 Requiring Permits Prior to Placing a Memorial
Commissioner Keller, seconded by Commissioner Wilsen to enforce Section
61-12 of the Code of Ordinances requiring that a permit must be obtained and
a fee paid before placement of any memorial and setting such fee at $25.
Motion carried 3-0 with Commissioner Hood absent and Mayor Vandergrift
away from the dais.
d) Revision of Chapter 61; Draft of Recommended Changes
Consensus of the Commission to bring back the suggested changes as an
amendment to the ordinance at a later date.
Page 11 of 14
City Commission Regular
July 20, 2010
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The TRIM Act requires local governing bodies to set a proposed tentative millage rate annually during the
month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their
proposed tax levies for the next year. This rate can be lowered during the budget hearings in September,
and has historically been done so by the city.
HB-1 establishes levels of approval by the governing body in setting the millage rate. This bill provides for a
maximum millage rate that can be levied by the governing body with a ma'ori vote. This maximum millage
rate for the upcoming fiscal year, 6.4174, is an increase of the current year millage (5.4974). The rolled back
rate for 2010/2011 is 6.3755. This rate is higher than the current year rate due to the decrease in assessed
property value resulting from Amendment 1 and the decline in the economy. The City's assessed value
decreased $285,624,020. This is a reduction of $1,523,084 at the current millage rate of 5.4974.
The City can set the proposed millage for FY 10/11 up to 7.0591 with a surer maiority vote by the
Commission. A millage rate higher than the 7.0591 would require a unanimous vote by the Commission. The
proposed budget is currently balanced at 5.4974.
City Manager Frank explained various millage rate options.
Commissioner Wilson, seconded by Commissioner Keller to set the proposed
tentative millage rate at 6.4174. Motion carried 3-1 with Mayor Vanderctrift
opposed and Commissioner Hood absent.
13. Set Workshop and Hearing Dates for the 2010/2011 Budget Process. (Finance Director
Horton)
Commission has previously selected August 11~' and 315` as workshop dates. Workshops will begin at 6:00
p.m. Staff recommends the commission schedule the public hearings for September 15`i' and 29~'. If there is a
conflict with these dates we recommend alternate dates of September 15'i' and September 30`i'. Hearings will
begin at 7:00 p.m.
Finance Director Horton said staff recommends September 15~' and 29~' or September 15t" and
30~'. She stated these are the only dates that do not conflict with the School Board or Orange
County's budget hearings. City Attorney Rosenthal stated the only advantage with picking the
29`" for the second date is that there is room to continue the hearings if it becomes necessary.
Commissioner Keller, seconded by Commissioner Wilsen moved to select
September 15 and 29, 2010 at 7:00 p.m. for the Tentative and Final Budget Public
Hearings Motion carried 4-0 with Commissioner Hood absent.
J. STAFF ACTION ITEMS
none
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller -None
Commissioner Johnson - 1) stated that Quality Vaults is having funeral services on the
weekend and their occupational license does not authorize for funeral services. He further stated
there are cars all down the side of the road and in the parking lot adjacent to their building. City
Manager Frank inquired if these services were every weekend. Commissioner Johnson stated
it is not every weekend but the services are illegal since their license is only for vault/crematory.
Page 12 of 14
City Commission Regular
July 20, 2010
City Manager Frank stated he has spoken to Deputy Fire Chief Butch Stanley about this and
they do have officers who work certain weekends which is why he inquired if this issue is an
every weekend event. Mayor Vandergrift stated it does not have to be a weekend for the
officer to go in and advise the owners that it has been reported to them that they are having
services and that if it should happen again they will fine them. 2) stated they have Code
Enforcement picking up signs but they did an ordinance years ago about real estate signs being
able to be up over the weekends, but it does not allow for other businesses that are trying to make
a living have signs out on the weekend. He would like to see a change in the ordinance where
businesses can also have their signs up on the weekend. Mayor Vandergrift stated that when
they passed that ordinance they allowed for a kiosk format so that the city or a private firm could
put the kiosks up and permanent signs could go up in the base of the kiosk so they would not
have small signs out on the weekends. Commissioner Johnson stated he feels that it would be
fair if these businesses would be allowed to put small signs up in front of their businesses on the
weekend only and have them down my Monday just like the realtors are doing. Commissioner
Wilsen stated what she is seeing now is signs in front of subdivisions and she those not want to
see signs out in front of residential areas. Mayor Vandergrift stated they have the laws up for
the realtors but inquired if they want to open up that law up to everyone and if so what forms of
businesses (commercial, restaurants, industrial, etc.). Commissioner Johnson stated they have
taco stands running in Pioneer Key I without a license on the weekends but when a call was
placed to Code Enforcement they were told only signs were picked up on the weekends. A brief
discussion ensued regarding licensed vendors. Commissioner Johnson stated that City
Manager Frank made a good suggestion in that a special request is made by a business if they
would like to place a sign up. City Manager Frank stated that about 6 months ago they had
Russ Wagner handling a lot of these complaints from businesses who were not doing well which
he went out to give some suggestions. He stated with a request this would help so that when a
request comes in they can send staff out to make some suggestions and maybe even issue a
temporary sign or something to that effect. Commissioner Wilsen stated she would like to see
our businesses succeed. Mayor Vandergrift inquired if there is anything in our ordinance
regarding sidewalk vendors. Development Director Shadrix stated he would have to go back
and look through our code but the city does that have the type of sidewalks which allow sidewalk
vending. He further stated regarding the issue the City Manager touched on they would like to
do a case by case basis with the different businesses regarding the signage issue. 3) stated that
the homeless people by the lake are taking shelter out there during the day and he wanted to
know if there is any way they can do something about that. City Manager Frank stated he does
not know if Police chief Brown has any specific ideas but they have stepped up some
enforcement and it did help for awhile. Police Chief Brown stated they can look at any rules or
violations that they might be making and they can give them some attention. Mayor
Vandergrift stated he recalls that they had discussion about making appointments for the
shelters so that they would not have these problems on the weekends. Parks and Recreation
Director Hayes stated that the pavilions can be reserved should someone desires to do so. They
can contact the Parks and Recreation Department to rent the pavilion for $10/per day. City
Manager Frank added that there is a recommendation to increase that charge for the next fiscal
year. Mayor Vandergrift suggested they put signs up stating the pavilions can be reserved.
Brief discussion issued regarding restrooms also being out of service.
Commissioner Wilsen - 1) stated she was at the Parks and Recreation Advisory Board and
wanted to thank Development Service Director Shadrix for his presentation. It was well received
Page 13 of 14
City Commission Regular
July 20, 2010
and very informative. 2) stated they also received a Programs Conducted with Recreational
Instructors Agreement which she would like to forward to the City Manager to see if it is
something that could be looked into regarding the fee schedule and whether it should be updated.
City Manager Frank stated they would bring that back with staff recommendations. Mayor
Vandergrift inquired if Commissioner Wilsen was the liaison for the Recreation Board and
further inquired if the board gave input regarding this agreement. She stated the Parks and
Recreation Board gave input into fees for the rentals, but it would probably be a good idea for
them to look at the Instructor Programs as well. Mayor Vandergrift cautioned that we be aware
they are part of our Recreation Program and should not be treated as outsiders.
ADJOURNMENT
The meeting was adjourned at 9:41 p.m.
Attest:
APPROVED:
City of Ocoee
1
Beth Eikenberry, City Clerk S. Scott Van rgr t, Mayor
Page 14 of 14