08-17-10MINUTES
OCOEE CITY COMMISSION
August 17, 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, Commissioner Wilsen (absent), Mayor Vandergrift,
Commissioner Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, Acting City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS ~
Proclamation- Hispanic Heritage Week -read in English by Mayor Vandergrift and read
in Spanish by Officer Carlos Anglero
Proclamation -The First Days of School Celebration -August 23, 2010. (Mayor
Vandergrift)
C. COMMENTS FROM CITIZENS/PUBLIC
David Dunham and members of the Little League Board, thanked the Parks and Recreation
Department for all they do to maintain the fields for Little League and stated not many
municipalities still do that. He presented Parks and Recreation Director Hayes with a plaque in
appreciation.
Steven Van Barlick, President of Ocoee Lions Club, celebrating their 62°d Year in Ocoee, stated
that the Lions Club would like to donate to local sports organizations. He presented a five
hundred dollar check to four organizations: Little League, Soccer, and Pop Warner Football and
Bulldogs Cheerleading.
Mayor Vandergrift discussed a conversation that he had with residents of El Salvador who
were impressed with the amount of volunteerism in the City of Ocoee. He thanked all of those
who volunteer on city boards as well as those who give their time for the many children's
sporting organizations; he stated what they do for the community is priceless.
Bob Riffle of Howey-in-the-Hills, said he is a graduate of Ocoee High School Class of 1975. A
friend of his who also graduated the same year lost his son approximately seven years ago. He
has been discussing with the Mayor and Parks and Recreation Director Hayes about where to
plant a memorial tree and plaque. He has a 12-15 foot live oak that he planted from acorns at the
time his friend's son died and he would like to plant it with the plaque on city property. City
Manager Frank stated his only concerns are making sure we do not place a memorial in a
common area that could be a trip hazard, and setting a precedent for future requests for
placement of memorials. He stated now that he understands the type of monument will be flush
mounted in the ground he is less concerned about the liability aspect. Commissioner Johnson
said he has no problem as long as it does not hinder any activities in that area. Commissioner
Hood expressed a concern about how many other requests may come in to do the same thing.
City Commission Regular
August 17, 2010
Mayor Vandergrift said the Commission still has the control to allow or reject any of the
requests. Parks and Recreation Director Hayes stated the proposed location is on the east side
of the gazebo seating area. CIP Manager Butler stated this proposed location may interfere
with the current plans for that area because they are trying to open up the vista around the gazebo
and spread the slope out for better seating and viewing at city events. He stated that a live oak
tree has a very big spread and a long impact. He would like to consult with staff on the location
of this memorial and how it will fit in. Mayor Vandergrift said that location is not definite, it
was considered because there currently is no shade for the seating area and an oak tree grows tall
and does not obstruct the view. Consensus of the Commission was to conditionally
approve the placement of a live oak tree and inscribed granite plaque as a
memorial as long as staff is in agreement on the location.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank
1) Explained that an agenda item for #8 Award of City Hall Campus Improvement Project
was placed on the dais. He stated the bids were opened on August 10, 2010 and all responsive
bids were well in excess of the budget. We also found that the SJRWMD exemption that we
were using to construct the project without a permit was limited by that agency and they will
now require a permit which may take up to 120 days to obtain. He said staff recommendations
are to re-bid the entire project at a later date.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to reject all bids
and rebid the Award of City Hall Campus Improvement Project at a later date per
staff recommendations. Motion carried 4-0 with Commissioner Wilsen absent.
2) Explained that Item #2 Memorandum of Understanding between City of Ocoee and IAFF
Local 3623 on the consent agenda is the item where the Firefighters agreed to give back 3%
of the raise they had in their contractual agreement as discussed in the budget workshop. He
thanked Union Representative James Kelly and all of the members of the union who voted in
favor of that.
3) Movie by the Pool, Alice in Wonderland, will be shown on Saturday, August 28, 2010. It is
a Walt Disney Film by Tim Burton.
4) Parks and Recreation is holding registration for the Before & After School care programs,
this will begin August 23rd. Contact Parks and Recreation 407-905-3180 for more
information.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller l,)August 23rd is first day of school so please be careful because children
will be out early waiting for buses. 2) August 24th is primary day. The commissioner asked
everyone to get out and vote; the county mayor is determined at the primary. He said cast your
vote and make sure that your opinion counts. 3) Hackney Prairie Relief School -Commissioner
Boyd & School Board Member Christine Moore are looking for your opinion as to whether you
are for it or against it. Go look to the county and school board websites and email them. If you
believe Clarcona Elementary is overcrowded, now is the time to make your opinion count. Let
them know if you are or are not in favor of it. We're at the top of their list in terms of priority.
If they decide that we don't care (due to lack of response), they'll put the school somewhere else.
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City Commission Regular
August 17, 2010
Commissioner Johnson - No announcements
Commissioner Hood - 1) asked the public to be patient with everyone on the first day of school.
In regards to the Human Relations Diversity Board, the commissioner said that we'd like to
purchase banners.
Commissioner Hood, seconded by Commissioner Keller, made a motion to spend
$2500 from contingency to purchase 20 banners to be placed along Clark Road in
celebration of Hispanic Heritage. The Motion carried 4-0 with Commissioner
Wilsen absent.
2) said soccer sign ups are this weekend at the Beech Center; they will be happening for the
next two weekends on Friday & Saturday. Baseball tryouts will be taking place for the fall
team. Friday there will be a celebration at the high school which includes a scrimmage on
Friday starting around 6 p.m. Go to the school website for the exact time.
Mayor Vandergrift 1) read aloud an email from Manny Diaz (former mayor of Miami) of the
FairDistrictsFlorida.org asking for the City's support of Amendments 5 & 6. The mayor said that
these amendments might be the right step in the right direction. He said the commission cannot
take action on it, but he will pass it on to the city manager to have it passed along to the city
clerk so that people can take action on it as individuals. Speaking as a citizen, the mayor
personally encouraged everyone to vote for the amendments. 2) said the Census America Lincoln
Road Miami Florida will have a booth at the annual Florida League of Cities conference. They
say that with their instrument they can reduce the cost of red light running. The mayor turned
the letter over to the city manager. 3) said the Policy Committee needs members. The first
meeting will be in Orlando on September 3rd, The Florida Trails Association -Gateway
Community Program will also be attending the conference and will have grants and resources
information. 4) read a letter from a resident about the Tree Code - A citizen, Liz Oliver, wrote a
complimentary letter to the City about its tree code. She thanked everyone involved and stated
that she was very impressed with what Ocoee put together as it reflects the City's current code
and the City's Tree City designation. 5) read aloud an email from a citizen voicing her
annoyance with door-to-door solicitations at her residence despite a note on the door stating `no
solicitations'. The mayor suggested that the citizen place a `night worker' sign on her door
which is what he used to do. Commissioner Hood suggested fencing the property;
Commissioner Keller said some homeowners associations do not allow fencing. The mayor
reiterated his suggestion about the placement of a sign on the door stating that the citizen works
at night, and that she would like not to be disturbed.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Hood moved to accept the
Consent Agenda Items #1 through #5. Motion carried 4-0 with Commissioner
Wilsen absent.
Page 3 of 8
City Commission Regular
August 17, 2010
1. Approval of Minutes for Regular City Commission Meeting Held August 3, 2010. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent
2. Approval of Memorandum Between City of Ocoee and IAFF Local 3623. (Human
Resources Director Carnicella)
The City of Ocoee and the IAFF Local 3623 Union have entered into a Collective Bargaining Agreement in
effect from l0i 1/2008 through 9/30/2011. The Firefighters represented by Local 3623 have voted to defer
approximately 3% of their anticipated wage increase which was to be effective on 10/1%2010.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent
Inclusion on the Orange County Tax Roll for Fiscal Year 201012011. (Public Works
The City Commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non-ad valorem assessment roll by September 15"'. The fiscal year
2010/2011 tax roll for Stormwater calculates revenue to be $3,276,405.11. This is an increase of $287,544.11
from the current year.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent
4. Approval of Certification of Non-Ad Valorem Assessment Roll for Solid Waste
Inclusion on the Orange County Tax Roll for Fiscal Year 2010/2011. (Public Works
Director Krug)
7~he City Commission approved Resolution No. 2006-003 to provide for collection of Solid Waste fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non-ad valorem assessment roll by September 15`h. The fiscal year
2010/2011 tax roll for Solid Waste calculates revenue to be $2,756,880. This is based upon the residential
Solid Waste fee of $21 per month. This is an increase of $118,188 from the current year and is attributed to
annexations and new homes.
Approved on Consent. Motion carried 4-0, with Commissioner Wilsen absent
Facility Planning and Implementation of Concurrency. (Senior Planner Howell)
In ?008. the City Commission adopted new elements into the Comprehensive Plan ti~hich implemented school
Concurrency in the City of Ocoee. In addition to the adoption of the new elements into the Comprehensive Plan,
the City entered into an Interlocal Agreement (ILA) which was signed by Orange County Public Schools
(OCPS), Orange County, and all municipalities within Orange County. The Interlocal Agreement (ILA)
ensures that school Concurrency is uniformly implemented throughout the County and addresses the minimum
requirements for school Concurrency.
As a result of fewer backlogged schools on OCPS' list; the ILA has been amended to delete several definitions,
and modify Level of Service standards, School Concurrency Service Areas, and appendices that were detailed
in the original ILA. The amendment to the ILA cannot be finalized until the City of Ocoee, Orange County,
OOPS and all municipalities within Orange County sign the agreement.
Approved on Consent. Motion carried 4-0, with Commissioner Wilsen absent.
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H IIY11\1 1 / /.1111•
City Commission Regular
August 17, 2010
Discussion and Announcements regarding the Fire Department.
Commissioner Keller, Commissioner Hood, and Commissioner Johnson thanked the Fire
Department for the unselfish act of deferring part of the raise they were granted under the union
contract. Commissioner Hood said that Orlando is going through a lot of issues their Fire
Department and it would be nice to put out a press release to show what our Firefighters are
doing in the spirit of cooperation to help the city in a tight budget year. Firefighter James
Kelly, President of IAFF Local 3623, stated that they were approached by the city, they felt
taking the reduction was the right thing to do, and a few years down the road we will hope that
we have worked through the difficult times.
Firefighter Kelley also announced that the home for Sgt. Castillo, built in conjunction with
Homes for Heroes, will be finished and dedicated on September 1, 2010. Commissioner Hood
and Mayor Vandergrift asked that a press release be given to the city and the three local
newspapers.
Firefighter Kelley advised that they will be at a booth at the Home Show with Homes for
Heroes and thanked the City Administrators for allowing the use of a surplus ladder truck for that
event. He stated they are getting it shined up to be on display inside the convention center.
G. FIRST READING OF ORDINANCE
6. First Reading of Ordinance -Deeper Life Assembly of Cod Church -Annexation.
(Second Reading and Pasblic~ Heurirag is schedirled.fvr September 21, 'DIO, Regular Commission Mectii~g at
7.•IS p.m. or soon thereafter). (Principal Planner Rumer)
Based on the recommendations of the DRC and Plamiin~ & Toning Commission, staff recommends that
Honorable Mayor and City Commissioners adopt the ordinance to annex the 38 +l- acres of land known as
Deeper Life Church parcels and also adopt the annexation agreement for the 5.3 acre parcel containing the
existing church buildings.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Vandergrift announced that the Second Reading and Public Hearing is scheduled for
September 21, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
First Reading of Ordinance Amending. the Cih~ of Ocoee Police Officers' &
Firefighters' Trust Fund. (Police Chief Brown) (Secr~nd Reading and Public Hearing is scheduled
.for September 21, 200, Regular Commission Meeting at 7.15 p_m. or .coon therertftc~r).
The Police Officers' & Firefighters' Trust Fund Board is requesting an amendment to the Police and 1=ire
Pension Ordinance to include the Pension Protection Act of 2006 and subsequent regulations and guidance from
the IRS, as well as other changes to the Internal Revenue Code and Regulations, changes to the State law and
the adoption of Chapter 2009-07, Laws of Florida.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Vandergrift announced that the Second Reading and Public Hearing is scheduled for
September 21, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
H. PUBLIC HEARINGS -NONE
Page 5 of 8
City Commission Regular
August 17, 2010
I. REGULAR AGENDA 'i
8. Award of Bid #B10-0$ City Hall Campus Access Improvements. (Purchasing Agent
Tolbert) -This item is f~rthconaing
This item was voted on under Staff Reports and Agenda Review at the beginning of the
meeting.
9. Discussion and Direction on Regulating Trees on Single Family Residential Property.
(Building Official Washington)
Trees can reduce the erosion of our top soil by ~•ind and «~ater. cut heating and cooling cosh. moderate the
temperature, clean the air produce oxygen, provide habitat for wildlife, and increase property values, and
improve the aesthetics of the community. Based on numerous comments from citizens to staff and to the City
Commission, staff was directed to evaluate and bring forward a means of regulating trees on private residential
properties. Staff has prepared a draft ordinance creating a new Chapter 45 of the Code of Ordinances of the
City of Ocoee that creates a regulatory framework and policy for the control of planting, removal, maintenance,
and protection of trees on private residential properties.
Building Official Washington explained while researching the Code of Ordinances, it was
found that the Land Development Code really only addresses commercial and undeveloped
lands. He stated that he has drafted a new Chapter 45 for the Code of Ordinances addressing this
issue. The high points would be address issues that caused undue complications with the
residents exempting platted mobile home parks. The new requirements will be that three trees
must remain on the lot, just like a new house, unless amended by a Developer's Agreement or
other Legal Document. The ordinance would not force people to put three trees on their lot
unless they need to remove a tree or they lose one from disease and would that would cause them
to have less than three trees. Commissioner Hood asked if he had to remove a tree because it
may fall during a storm, there will be no consequences as long as he has three existing trees on
his properties. Mr. Washington said that is correct. He also clarified that if you have to replace
a tree, it does not have to be the same type of tree that you removed. Mr. Washington said the
ordinance has a list of trees that have to be followed for selecting replacement trees.
Commissioner Hood and Commissioner Johnson agreed that government should not be
regulating the number of trees someone needs in their own yard. Commissioner Hood asked
what the permit fee is for cutting down a tree to which Mr. Washington stated $10. He asked
what happens if he doesn't get the permit and City Attorney Rosenthal stated that penalties are
addressed in the proposed ordinance which includes a 4 to 1 ratio and would subject you to fines
for by Code Enforcement for non compliance. Mayor Vandergrift said his neighborhood has a
lot of trees, his own yard has 14 trees and it would not be reasonable to replace one tree with
three more. Commissioner Keller stated that there is not enough room on the many properties
when the trees get bigger, particularly those with septic tanks. He also stated there maybe some
confusion between the City requirements and the HOA requirements. There was discussion
about tree ordinance in other cities.
Elizabeth Osborne, said she is hearing that everyone loves trees but no one wants to have any.
People don't want to rake leaves, etc. She thinks people want government involved if they are
going do something to help them, but it is too much government when they try to regulate things.
She added that Windermere is doing a well with tree requirements. She said we all need trees for
oxygen and temperature control. Commissioner Rosemary Wilsen called to ask that this item
be tabled until she is present to discuss it. Commissioner Johnson spoke about residents being
Page6of8
City Commission Regular
August 17, 2010
able to do what they want in their own yard without government regulation. Mr. Washington
said the current code does not address single family residential lots. He said we have not been
requiring tree permits since this new opinion of the code was rendered. Commissioner Keller
said the older homes that are not part of an HOA may not be able to accommodate three trees,
especially those with septic tanks. City Manager Frank stated that the draft copy of the new
chapter is a working copy and you may want to add to it to allow for exceptions for septic tank
issues, etc.
Consensus, without objection, to table this item until the meeting on September
21, 2010.
City Attorney Rosenthal reminded the Commissioners that this was brought forth as a
discussion item so they would have the opportunity to review the proposed new chapter and
suggest changes before it comes before them as a first reading on an ordinance.
Mr. Shaffer, 1702 Ison Lane, wanted to clarify that current single family residential homes can
take down trees without a city permit. Building Official Washington stated that was correct at
this time. Mr. Keller cautioned that all residential homeowners need to check with their HOA to
comply with their laws as well.
City, Manager Frank clarified that this item should be brought back again as a discussion item
only.
10. Approval of the Reallocation of Funds from the Windstone Reclaimed Retrofit Project
to the Reclaimed Water System Retrofit for Wedge~~~ood Commons and Whitehill
Subdivisions. (Utilities Director Smith)
7-he Windstone Reclaimed Retrofit project has been completed and has $43,307.80 remaining in the project
budget. Staff proposes the reallocation of $37,764.45 from the Windstone Reclaimed Retrofit project to cover
the change order for the Reclaimed Water System Retrofit for Wedgewood Commons and Whitehill
Subdivisions project.
Utility Director Smith stated that this is just an administrative financial issue. They had one
project with money left over and need additional funding in another project and they are asking
permission to reallocate of $37,764.45 from the Windstone Reclaimed Retrofit project to cover
the change order for the Reclaimed Water System Retrofit for Wedgewood Commons and
Whitehill Subdivisions project.
Mayor Vandergrift, seconded by C_ ommissioner Keller, moved to approve the
reallocation of $37,764.45 from the Windstone Reclaimed Retrofit project to cover
the change order for the Reclaimed Water System Retrofit for Wedgewood
Commons and Whitehill Subdivisions project, per staff recommendations.
Motion carried 4-0 with Commissioner Wilsen absent.
J. STAFF ACTION ITEMS -none
Page7of8
City Commission Regular
August 17, 2010
K. COMMENTS FROM COMMISSIONERS
Commissioner Hood - no comments
Commissioner Johnson -inquired of City Manager Frank and staff regarding the Code
Enforcement issue where we just made an exception to allow restaurants and other small
businesses to post signs. He said a lessee of a building in the industrial park must obtain owner
authorization prior to being issued a permit for a sign of advertisement. Commissioner Johnson
suggested an amendment to the ordinance. Development Services Director Shadrix stated
legislation is currently written requiring owner authorization for sign permitting. He further
stated that this is an isolated case, which has been resolved however, there will be some review
into changing the ordinance. Mayor Vandergrift asked for staff to review the matter.
Discussion ensued regarding the escalation of challenges surrounding sign permitting for lessee.
Commissioner Hood -later inquired about the fountain/pond area in front of city hall. He asked
if the city boat can be used to help clean the trash out of the Starke Lake where the fountain is
located. Public Works Director Krug commented will be meeting with Fish and Wildlife pond
is so full of aquatic vegetation that it is clogging irrigating device and getting a boat in the area
Commissioner Keller -reminded everyone to get out and vote.
Mayor Vandergrift -said Rupert Ward needs repair done to his house and has not had any
feedback concerning what can be done regarding the repair. Deputy Fire Chief Stanley
commented they have assessed the repairs to be completed; they have the materials and will be
coordinating get the work completed.
ADJOIJR_NMENT
The mee±ing was adjourned at 8:31 p.m.
Attest:
-`~ ~ =, r ~
C`-~-$eth Eikenberry, City Cl
t
APPROVED:
City of Ocoee
~ ~
S. Scott Vandergrift, yor
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