Loading...
Item #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION OCTOBER 19, 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. Bishop Brent Sauser gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Mayor Vandergrift. 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, Assistant City Manager Shadrix, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Proclamations. (Mayor Vandergrift) ➢ United Nations Day — October 24 ➢ National Family Week — November 21St - 27th Presentations. ➢ Check for $500 presented to Ocoee High School Band from Lions Club of Ocoee ➢ Chief's Special Commendation Awards - Chief Brown presented awards to: Vincent Bailey and Robert R. Hunt III for their assistance in the apprehension of a robbery suspect at Walgreens. Dwayne and Tramarion Boyd for a near drowning incident where they pulled a young boy from a pool and administered CPR ➢ West Orange Airport Authority Update — presented by Board Member William Maxwell C. COMMENTS FROM CITIZENS/PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW Assistant City Manager Shadrix made the following reports: 1) There is a revised staff report for Agenda Item # 3 on the consent agenda; CIP Manager Butler can answer questions if you wish to pull the item off the consent agenda. Consensus of the Commission was to leave it on consent. 2) There is a memo distributed on the dais that recommends the outright purchase of a sludge truck. This was a budgeted item. Staff recommends adding it to Item #6 - 2010/2011 Budget Vehicle Purchase. City Attorney Rosenthal advised this should be heard as a separate emergency item and leave Item #6 as is in the Consent Agenda. Emergency Item — Purchase of New Sludge Truck for the Utilities Department from O l a ari lieu ummasi lA st_ Q n[► - . _ _ a, .,. Utilities Director Smith and Fleet & Sanitation Operations Manager Bill Simmons explained the need for purchasing the new sludge truck. Mr. Smith said the power train has failed and the City Commission Regular October 19, 2010 tank is getting rusty; the truck will be salvaged. He added that the finance department looked at the different means of purchasing this truck and recommended the outright purchase of the truck. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the purchase as a sole source purchase of a Sludge Truck from Orlando Freightliner in the amount of $109.868.00. Motion carried 5 -0. 3) said the Comp Plan Items 11 -15 will be presented by Principal Planner Rumer rather than himself. 4) Offered to forego further project update announcements in the interest of time. They Mayor said he can cover anything that is not covered in the commission comments. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — reminded everyone that early voting has started for November 2nd General Election. The library at Clarke and Silver Star is open as well as other locations around the county. Commissioner Johnson — 1) said the city's sign machine is not functioning and we have had to purchase signs from outside. The cost of a new machine is $15,500- $18,500 and we are spending $150 - $200 per sign if we have to purchase them. He stated the signs made for "Movies in the Park" would have cost $1896, with the machine it costs $480 to make them, which shows how much we will save. The city also spent $750 for the Farmer's Market signs. Commissioner Johnson, seconded by Commissioner Wilsen, moved that we purchase a sign machine in an amount not -to- exceed $20,000 from the contingency fund. Motion carried 5 -0. 2) update on Founders' Day, everything is set for the November 5 & 6 event. City Departments are all participating. All VIP seating tickets are sold at a profit of $4,500 - $5,000; there are over sixty booths sold for the marketplace; the Founders' Day Golf Tournament is Friday, October 29th and slots are still available; he recapped the entertainment for Friday and Saturday night; Poker Run on Saturday at 9:30 a.m. beginning at the Sandwich Shoppe, it will benefit Toys for Tots. Commissioner Wilsen 1) announced the Haunted House on October 28, 29, and 30, 2010. Check it out on the web site. The Parks and Recreation Board will be selling hot dogs and drinks. There are also bounce houses and activity booths. Commissioner Hood 1) gave an update on Ocoee Bulldogs; the Season is over and they did great this year. 2) West Orange Girls club raffling of a television, please support them, 3) Movie in the Park "How to Train Your Dragon" FREE admission Saturday, at 7:30. 4) Friday Ocoee Varsity playing at Olympia; and JB and Freshman will be played on home on Thursday. 5) Ocoee Woman's Club will be holding a members ship mixer on Friday, October 26 and they are doing rummage sale Friday and Saturday, November 5 and 6 6) great job this year with the Haunted House, it is $1 admission and a perishable food item for the Christian Service Center and 7) talked about all the great improvements to Sorenson Park and said it is not ADA compliant. Page 2 of 13 City Commission Regular October 19, 2010 Mayor Vandergrift 1) presented Parks and Recreation Department with an appreciation Plaque from the Autism and Related Disabilities Gym Program. 2) read a thank you note from a resident who said they are enjoying the new tennis courts at Vignetti and 3) advised that Human Resources has been moved over to the new location next to City Hall. And 4) the Courts at Tiger Minor Park are almost done, CIP Mgr. Butler said they are putting in the lights and finishing the basketball courts. 5) urged everyone to be careful at Halloween and not to vandalize. F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Consent Agenda Items #1 through #7, including changes made to Item #3 and including the adoption of Resolution 2010 -015 under Item #5. Motion carried.5 -0. 1. Approval of Minutes for Regular Commission Meetings Held September 21, 2010 and October 5, 2010. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 - 0. 2. Reappooto the Parks and ftgfirfatiN . ,A lyisory (City.Clerk Einborry) Members of the Parks & Recreation Advisory Board serve two -year terms; provided the terms shall be staggered so that the terms of four members and the terms of the other five members shall expire in alternating years. Currently, the Parks & Recreation Advisory Board has eight (8) members and no applications on file. The two -year terms of Gordon Applegate, Mary Barber, Dottie Godek, Carol Heard, Rob McKey, Jane Rainer, and Veronica Royce have all ended October 1, 2010. All members with the exception of Veronica Royce have indicated they are willing to serve another term, if reappointed. Member Royce has declined reappointment due to moving out of the city limits. To comply with Chapter 15 -1 (C.) of the Code of Ordinance and realign the staggered terms of the board members, staff recommends extending the current terms of the two longest serving members (Applegate and Barber) until October 1, 2011, and reappoint Dottie Godek, Carol Heard, Rob McKey, and Jane Rainer to serve another term on the Parks & Recreation Advisory Board ending October 1, 2012. Approved on Consent. Motion carried 5 -0. 3. Approval of Transferring Certain Property Rights and Granting the Use of City Right- of-Way to the Florida Department of Transportation in Connection with the Widening of SR 50. (CIP Manager Butler) The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The first part of the project will widen SR 50 from the eastern entrance to the West Oaks Mall to Good Homes Road. We expect this project to begin next year. In FY 2014, construction will begin to widen the rest of SR 50 in Ocoee, from SR 429 to the end of the first phase. As part of this second phase of the project, FDOT intends to place its new stormwater management structures within properties owned by the City of Ocoee and/or properties for which the City has a utility easement. City utilities located within these areas will need to be relocated in advance of the road construction. Approved on Consent, with changes discussed by staff. Motion carried 5 -0. 4. Approval of Bluford Avenue Pavement Repair at Franklin Street. (Public Works Director Krug) A , . Bluford Ave., south of Silver Star Rd., at Franklin St. has experienced differential settlement in this area creating unsafe "dips" in the pavement. Public Works proposes repairing this area by milling the existing pavement and placing a surface leveling course of new asphalt. The total cost for this work is $12,500.00 based on the proposal from Advanced Paving and Seal Coat, Inc. Public Works solicited pricing from the asphalt producing vendors in the Central Florida area; however the scope of work was not large enough for them to Page 3 of 13 City Commission Regular October 19, 2010 provide a competitive price. The vendors referred the City to Advanced. Public Works recommends awarding the Bluford Ave. asphalt repair work to Advanced Paving and Seal Coat, Inc. for $12,500.00. Approved on Consent. Motion carried 5 -0. 5. Resolution Approving Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices — Wurst Road. (Public Works Director Krug) This agreement provides for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on Wurst Rd. at the Florida Central Railroad crossing. The purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals, which are over 30 years old, to meet current requirements. City Attorney Rosenthal read the title of the resolution. Approved on Consent, Adopting Resolution 2010 -015. Motion carried 5 -0. _ f The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's annual contract. The new pricing for the 2010 /2011 fiscal year is generally published around the first of November; however this has currently been delayed due to vendor bid protests. The Fleet Division has contacted the 2009/2010 vendors who will also be on the new contract and they have agreed to honor their 2009/2010 prices as long as they receive the City's new vehicle purchase order before the new rates are published. This will provide the City a 3 -4% savings per each out -right purchased vehicle. Approved on Consent. Motion carried 5 -0. 7. Approval of Maintenance Statement for Property Transferred from Orlando- Orange County Expressway Authority to the City of Ocoee. (City Eineer Wheeler) The Cities of Ocoee and Winter Garden and Orange County were approached by the Orlando - Orange County Expressway Authority (OOCEA) approximately two years ago about giving away surplus land and/or non - expressway roads and associated retention ponds along the SR 429 corridor. The surplus land, road and retention ponds that OOCEA wanted to go give to the City was excess right -of -way along the east -west portion of Tomyn Boulevard and the road portion of Tomyn Boulevard that parallels SR 429 and the associated retention ponds. Approved on Consent. Motion carried 5 -0. G. PUBLIC HEARINGS - SECOND READING OF ORDINANCES 8. Park Square. (Annexation Advertised in the Orlando Sentinel on Thursday, October 7, 2010, and Thursday, October 14, 2010, Rezoning Advertised on Thursday, October 7, 2010,). (Principal Planner Fabre) The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Upon annexation, the property will assume a Low Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is requesting an initial City zoning classification of R -1AA "Single- Family Dwelling" for the subject parcel. Furthermore, the Applicant has expressed that the subject property would either develop as a residential subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the western adjacent parcel are in the process of requesting annexation into the City's corporate limits. City Attorney Rosenthal read the title of the Annexation Ordinance. Principal Planner Fabre gave a summary of the annexation and rezoning. a. Annexation Ordinance Page 4 of 13 City Commission Regular October 19, 2010 Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve Ordinance No. 2010 -028 approving the annexation for certain real property containing approximately 17.17 acres located north of and adjacent to Roberson Road and east of Windermere Road (Park Square), per staff recommendations. Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: TAX PARCEL ID: 31- 22 -28- 0000 -00 -005 CASE NO. AX- 04- 10 -20: PARK SQUARE ORDINANCE NO. 2010 -028 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. b. Rezoning Ordinance City Attorney Rosenthal read the title of the Rezoning Ordinance. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Keller, seconded by Commissioner Johnson, moved to adopt on second reading Ordinance No. 2010 -029 approving the rezoning to R -1AA "Single - Family Dwelling" for certain real property containing approximately 17.17 acres located north of and adjacent to Roberson Road and east of Windermere Road (Park Square), per staff recommendations. Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: TAX PARCEL ID # 31- 22 -28- 0000 -00 -005 CASE NO. RZ- 10- 04 -03: PARK SQUARE ORDINANCE NO. 2010-029 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1, "GENERAL AGRICULTURE" TO OCOEE R -1AA, "SINGLE FAMILY" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR Page 5 of 13 City Commission Regular October 19, 2010 AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. c. Annexation Agreement (NOT A PUBLIC HEARING) Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the Annexation Agreement between City of Ocoee and Vivek Welfare and Educational Foundation, Inc., as recommended by staff. Motion carried 5 -0. 9. Ocoee Town Shops — Small Scale Comprehensive Plan Amendment Ordinance. (Advertised in the Orlando Sentinel on Thursday, October 7, 2010. (Principal Planner Fabre) On December 1, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment "). At the time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred adoption date related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA. On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA prior to the November 2 election. City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre summarized the item. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Wilsen, seconded by Commissioner Johnson, moved to adopt on second reading Ordinance No. 2010 -030 approving the Ocoee Town Shops — Small Scale Comprehensive Plan Amendment, per staff recommendations Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: CASE NO. SSPCA 2008 -03: OCOEE TOWN SHOPS ORDINANCE NO. 2010-030 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, AS FOLLOWS: AMENDING ORDINANCE NO. 2009 -034 WHICH AMENDED THE FUTURE LAND USE MAP TO REDESIGNATE FROM "PROFESSIONAL OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING 3.39 ACRES (MORE OR LESS) LOCATED NORTH OF AND ADJACENT TO STATE ROAD 50 AND WEST OF AND ADJACENT TO CLARKE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, IN ORDER TO AMEND THE ADOPTION Page 6 of 13 City Commission Regular October 19, 2010 DATE AS DEFINED THEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10. Shoppes at the Village — Small Scale Comprehensive Plan Amendment Ordinance. (Advertised in the Orlando Sentinel on Thursday, October 7, 2010). (Principal Planner Fabre) On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale Comprehensive Plan Amendment for Shoppes at the Village (the "Previous Amendment "). At the time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred adoption date related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA. On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA prior to the November 2nd election. City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre summarized the item. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Johnson, seconded by Commissioner Keller, moved to adopt on second reading Ordinance No. 2010 -031 approving the Shoppes at the Village —Small Scale Comprehensive Plan Amendment, per staff recommendations Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: CASE NO. SSPCA 2008 -05: SHOPPES AT THE VILLAGE ORDINANCE NO. 2010 -031 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, AS FOLLOWS: AMENDING ORDINANCE NO. 2009-035 WHICH AMENDED THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING 0.911 ACRES (MORE OR LESS) LOCATED NORTH OF AND ADJACENT TO SILVER STAR ROAD AND WEST OF AND ADJACENT TO BLUFORD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, IN ORDER TO AMEND THE ADOPTION DATE AS DEFINED THEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 7 of 13 City Commission Regular October 19, 2010 11. 16th Joint Planning Area Amendment - Large Scale Comprehensive Plan Amendment — Second Reading of Ordinance. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, October 7, 2010). (Assistant City Manager Shadrix) The City has initiated this amendment to the Comprehensive Plan in order to (i) incorporate by reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth JPA Amendment; and (iii) provide for the revision of the Existing Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive Plan Amendment. The Sixteenth (16th) Amendment to the City of Ocoee -Orange County Joint Planning Area Agreement (JPA) amended the boundary to include the area located north of Palm Drive, east of East Crown Point Road and west of SR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future Land Use map designation for all parcels as "Light Industrial." City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer summarized the item. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Hood, seconded by Commissioner Wilsen moved to adopt on second reading Ordinance No. 2010 -033 approving the 16 Joint Planning Area (JPA) Amendment — Large Scale Comprehensive Plan Amendment, per staff recommendations Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: CASE NO. CPA - 2010 -005: SIXTEENTH JPA COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 2010 -033 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP (FIGURE 2) AND THE EXISTING LAND USE MAP (FIGURE 1) OF THE OCOEE COMPREHENSIVE PLAN TO CONFORM TO THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR THE AMENDMENT OF THE EXISTING LAND USE MAP (FIGURE 1) TO CONFORM TO ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT ORDINANCE NUMBER 2010 -07 WITH RESPECT TO LANDS REFERENCED IN THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 8of13 City Commission Regular October 19, 2010 12. Past Joint Planning Area Amendments and Future Land Use Map Clean -up- Large Scale Comprehensive Plan Amendment— Second Reading of Ordinance. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, October 7, 2010). (Assistant City Manager Shadrix) The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and comprehensive plan amendments adopted since the adoption of CPA - 2001 -1 -1; and to (i) incorporate by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1. City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer summarized the item. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Hood, seconded by Commissioner Wilsen, moved to adopt on second reading Ordinance No. 2010 -034 approving the Past Joint Planning Area Amendments and Future Land Use Map Clean Up —Large Scale Comprehensive Plan Amendment, per staff recommendations, and to include the corrected maps that will be provided to the city clerk. Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: CASE NO. CPA - 2010 -006: 2010 UPDATE COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 2010 -034 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN TO ADD THE FIFTH THROUGH FIFTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; AMENDING THE FUTURE LAND USE ELEMENT TO REFLECT THE FIFTH THROUGH SIXTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT; AMENDING THE FUTURE LAND USE MAP (FIGURE 2) TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS AND ANNEXATIONS SINCE SEPTEMBER 2002; AMENDING THE EXISTING LAND USE MAP (FIGURE 1) TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS AND ANNEXATIONS SINCE JANUARY 2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 9 of 13 City Commission Regular October 19, 2010 13. Text Amendment - Large Scale Comprehensive Plan Amendment — Second Reading of Ordinance. (Advertised in the Orlando Sentinel and West Orange Times on Thursday, October 7, 2010). (Assistant City Manager Shadrix) The City has initiated this amendment to the Comprehensive in order to (i) amend the definition of floodplains in order to allow an alternative basis for determining the location of 100 -year flood plains for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on comprehensive plan amendments. City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer summarized the item. Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt on second reading Ordinance No. 2010 -035 approving the Text Amendment—Large Scale Comprehensive Plan Amendment, per staff recommendations, and to include the corrected maps that will be provided to the city clerk. Motion carried 4 -0, with Mayor Vandergrift away from the dais. Commissioner Hood asked if we had been working with residents on this. Asst. City Manager Shadrix stated that we had been meeting with HOAs and affected residents, many of them will be affected for the better by the map changes. He said they are trying to do a blanket map amendment for the City for the 100 Year Flood Plain that will take care of several problem areas. The Ordinance as adopted on second reading carries the following title: CASE NO. CPA - 2010 -007: COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 2010-035 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, BY AMENDING THE DEFINITION OF FLOODPLAINS, BY AMENDING OBJECTIVE 3 OF THE CONSERVATION ELEMENT WITH RESPECT TO FLOODPLAINS AND BY AMENDING THE PUBLIC PARTICIPATION ELEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 10 of 13 City Commission Regular October 19, 2010 H. REGULAR AGENDA 14. Approval of Request for Reduction of Fine/Lien of $459,200 — Douglas Pridgen, 509 Nicole Blvd. (Deputy Fire Chief Stanley) This property was cited on November 5,1997, for a violation of ordinance 165 -3 and 165 -4 A, B (1)(a)(b), (2) C and D by former Officer Thea Cronnan, regarding a gray truck in the front yard with expired license tag and the appearance of being inoperable. The violation was re- inspected on December 8, 1997 and observed non- compliant. A statement of violations and notice of hearing for the January 1998 Code Board meeting was sent out certified delivery on December 9, 1997. On December 30, 1997, Police Officer G. Edwards hand delivered the notice of hearing to Mr. Douglas Pridgen. At the January 27, 1998, meeting of the Code Board a compliance order was issued requiring compliance by February 3, 1998 or forfeit $100.00 per day. On February 4, 1998 the violation was re- inspected and found non compliant with an affidavit of non compliance signed on February 10, 1998. On February 24, 1998, an order imposing fine and lien was issued by the Code Board and officially recorded on Orange County records February 27, 1998. At the September 28, 2010, Code Board Meeting the case was re- opened at request of Mr. Douglas Pridgen to request a reduction of fme/lien. During testimony Douglas Pridgen presented the Code Board with paper evidence and a photograph demonstrating state issued registration and license tags for what appeared to be the vehicle in question. The Code Enforcement Board is recommending the fme/lien be reduced to $4,500.00 due to the act the respondent was unable to provide documentation regarding registration and license tags for a period of one year and three months after initial code enforcement action. Items #14 and #15 were moved up and heard after Presentations Lynn Walker Wright, 2711 Rue Circle, attorney for Mr. Pridgen, stated the property that accrued the fine /lien was owned by Mr. Pridgen, but he did not live there. It is a 13 year old case Y g � Y and there is nothing in the file proving that Mr. Pridgen was contacted. She has been unable to get files from DMV dating back that far. She further stated that Mr. Pridgen sustained a brain injury in a serious car accident and recently lost his son; he is unable to work at this time. Commissioner Hood asked the attorney if she would waive her legal fee if the commission waived the lien/fine on the property, to which she responded that she would. Commissioner Johnson asked why they are hearing a case from 1997. Deputy Chief Stanley said the Fire Department took over Code Enforcement last year and they are trying to flush out the old cases that were never resolved. Code Board Attorney Hamilton said the Code Officers attested that a certified letter and a hand delivered letter were delivered to Mr. Pridgen. Commissioner Johnson, seconded by Commissioner Hood, moved to reduce the Fine /Lien against Douglas Pridgen to zero, for the property located at 509 Nicole Blvd. Motion carried 4 -1 with Commissioner Wilsen opposed. Commissioner Johnson said that we need to look at a time limit, where cases should be waived if we didn't follow up on it. Commissioner Wilsen said that would encourage everyone not to pay their lien if they know it will be dropped to zero. Commissioner Hood said we need to have proof that we mailed or hand delivered code enforcement actions. City Attorney Rosenthal stated that the burden is on the violator to request the re- inspection; it is not up to the city to keep calling once they have been served. He cautioned them not to create a process by which the city would take on that responsibility. Commissioner Hood said he must look at individual cases as well, this is a parking issue; there were no health or safety issues. Mr. Stanley added that they will review all open cases every six months so that none of them will remain open so long. There was discussion that in this case there was no evidence that the owner was made aware that a lien had been filed. Commissioner Hood said that is a loophole that needs to be closed. Page 11 of 13 City Commission Regular October 19, 2010 Commissioner Wilsen said she did not agree with reducing it to zero because is going to set precedence; she stated no one wants to have a car parked in the yard at their neighbor's house even if there is no health hazard. It is still an ordinance that needs to be adhered to. Commissioner Hood agreed. 15. Approval of Request for Reduction of Fine/Lien of $17,250 — Russell V. Harper, c/o Denver R. Harper Estate, 19 Cedar Key Court. (Deputy Fire Chief Stanley) This property was cited on July 31, 2007, for a violation of Minimum Housing violations by Officer Delgado and one of the requirements was for a permit to bring the Electric service up to code. Replacing switches, GFI's, to bring existing electrical to minimum requirements. The code violation was for failure to obtain final inspection for the electrical permit # 0701969 issued on November 13, 2007. On August 28, 2007, the Code Enforcement Board issued an order to comply by September 11, 2007, or be fined $50.00 per day. Russell V. Harper, Grandson and, c/o Denver R. Harper Estate, is requesting a reduction of fine /lien of $17,250.00. Denver Harper passed away and Russell V. Harper (grandson) is maintaining the properties and bringing them into compliance with the City, the property was observed to be in full compliance on August 21, 2008. The Code Enforcement Board is recommending the fine /lien be reduced to $1,725.00. The discussion by the board was to reduce the amount; due to the Russell V. Harper stated he was not aware of any pending code violations and would keep all of the properties Denver R. Harper owns in compliance with the City. Items #14 and #15 were moved up and heard after Presentations Deputy Chief Stanley explained the case. Russell Harper said he works for his grandfather 500 miles away; when his great grandfather passed away he was left with a lot of properties that need to be taken care of. There was discussion regarding the minimum housing inspections and how they created a policy stating no property would need an inspection more frequently then two year intervals. Mayor Vandergrift stated that rental properties can be destroyed very quickly and he would like to see that policy reversed so inspections would be done with each new tenant. Mr. Stanley stated he would get with council on that, but perhaps the better way to handle it is to make new tenants pull their own water account which would trigger an inspection. Commissioner Johnson agreed the owner should not be able to keep the water in his name to avoid the inspections. Deputy Chief Stanley said that Mr. Harper has been very cooperative bringing these addresses up to code. Commission thanked Mr. Harper for that effort. Commissioner Wilsen, seconded by Commissioner Keller, moved to reduce the Fine /Lien against Russell V. Harper c/o Denver Harper Estate to $1,000, for the property located at 19 Cedar Key Court. Motion carried 5 -0. I. STAFF ACTION ITEMS - none J. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) reminded everyone of the Haunted House, 2) reminded everyone that Ocoee Woman's Club will be holding a members ship mixer on Friday, October 26 and they are doing rummage sale Friday and Saturday, November 5 and 6 3) Friday Ocoee Varsity playing at Olympia; and JB and Freshman will be played on home on Thursday. Commissioner Wilsen - none Page 12 of 13 City Commission Regular October 19, 2010 Commissioner Keller 1) reminded everyone that early voting has started for November 2nd General Election. The library at Clarke and Silver Star is open as well as other locations around the county. 2) suggested residents come out and enjoy of the events the city has going gg J Y tY g g on. Commissioner Johnson - none Mayor Vandergrift 1) said he has been communicating with Public Works with regard to the plant life along the shoreline of Starke Lake. He wants it done by Founders' Day even if he has to get a group of volunteers to do it. He was told we are waiting for the Fresh Water Fish and Game Commission to remove some more plants. Assistant City Manager Shadrix said they will stay on top of it until it is completed. 2) said the Mayor will be around town in his BOOmobile, please come up and talk to the Mayor. 3) read a story given to him by his daughter, Live for today because tomorrow isn't promised. ADJOURNMENT The meeting was adjourned at 9:41. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 13 of 13 CITY OF OCOEE FINAL BUDGET PUBLIC HEARING Ocoee Commission Chambers September 29, 2010 MINUTES 7:00 P.M. A. Roll Call and Determination of Quorum 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 Mayor Vandergrift announced that this is an advertised public hearing to finalize the budget and adopt a final millage rate for the City of Ocoee. The City Commission has previously approved a tentative millage rate of 5.5574 mills which is lower than the rolled -back rate of 6.3755 and thus represents no `0 %) increase in millage over the rolled -back rate. The adopted tentative millage rate is the maximum millage rate which may be adopted by the City Commission at the Final Budget Public Hearing tonight. A. Briefing by Director of Finance on the percentage increase in millage under the roll- backed rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. Finance Director Horton stated that Ad Valorem taxes are being assessed to provide funding for operational expenses, capital items and salaries necessary to provide municipal services to the citizens of Ocoee. Adjustments voted upon by the commission during the last public hearing have been included in the budget. Contingency currently has a proposed budget of $344,230. t g g Y Y p p g The budget you are considering tonight is balanced with a 5.5574 millage rate. This millage rate is less than the rolled back rate of 6.3755. There is no percentage increase over the rolled back rate necessary to fund the proposed budget. The highest millage rate the commission can levy tonight with a majority vote is 5.5574. 1. Comments from Commission Commissioner Keller clarified that the Commission Contingency fund shows $344,030 on the wish list and it is actually $344,230. Mayor Vandergrift stated that the items discussed at the Tentative Budge t Hearing have been added to the budget. One of the additional things he would like the Commission to consider is to Final Budget Public Hearing September 29, 2010 add televising the Planning and Zoning Meetings to the other meetings now being televised (Commission and Code Enforcement). Discussion followed regarding cost would be $150 per meeting or $1800 annually. City Manager Frank clarified that we are not currently budgeted for special meetings, workshops, with the exception of budget workshops etc. so the commission may want to address those also. Commissioner Hood felt if any of those are important enough to be televised we can take it out of the contingency. Mayor Vandergrift said they can continue this discussion later, he was supposed to open the meeting up for public comments first. 2. Comments by Citizens. Victoria Laney, Vice -Chair of CACOPD, discussed a child - friendly robot that the board recently were given the opportunity to purchase at a discount because they are going to use one at the Police Convention in Orlando next month. She added that if we agree to purchase it they will have the Ocoee logo put on the car in advance so that will be there for everyone to see at the convention. She showed a video from RoboTronics, the company that manufactures the robots. She stated they would like to have the robot that is in the form of an Ocoee Police Car. She said the robot will have lights and sirens; it can squirt water; it will blink and moves about conversing with children; and it can play music by remote control. She added it can be used at the Farmer's Market, Spring Fling, Movies at the Park, Parades, and all outdoor events of the City. There was discussion regarding Winter Garden's Fire Truck robot. Commissioner Johnson asked about using forfeiture funds to purchase the robot. Chief Brown answered in the affirmative. Commissioner Hood confirmed that there would be maintenance and warranty on the robot. Ms. Laney said it will be the same as if it was purchased new. City Attorney Rosenthal said there would be a purchasing code question because this is a sole source purchase without competitive bid. Commissioner Wilsen asked about employees who will operate this, to which Chief Brown stated it will be handled by the Community Relations Office. Consensus was to place it on the next agenda as an emergency item to be purchased from the Forfeiture Funds, if approved. City Attorney Rosenthal asked Ms. Laney to get the information to the Finance Department prior to the meeting on October 5, 2010. He said it can be declared as an emergency item since the agenda is already published and it is time sensitive issue. He added that staff will have to research waiving the purchasing procedures for sole source purchases. Myra Kinney, Florida Lakes Symphony Committee, said that after the successful event at the high school they would like to have the next event at Bill Breeze Park. She said they need commission input, but they are planning a "Taste of Ocoee, featuring the Florida Lakes Symphony" event. She said seems to be a big interest for this event. They ran some preliminary figures and found that the cost will be approximately $25,000 - $30,000. She said they committee currently has $3,000 and they will get as much money from sponsors as possible. She was asking if the city is interested in contributing. Commissioner Johnson said he thinks the symphony is a good way to bring a different type of cultural /musical event than Founders' Day which is good for the City. He said they should consider selling VIP seating and other ways to raise money. The commission said they like the "Taste of Ocoee" idea. They discussed that the dates may clash with the Homes for Heroes event at Bill Breeze Park. Ms. Kinney said when the date was originally selected she was not sure of the location; she will get dates the symphony is available and select a dates that works for everyone. Page 2 of 7 Final Budget Public Hearing September 29, 2010 City Manager Frank said they will probably need seed money to plan this event. If the City wants to support this we will have to put some money up front, possibly $15,000, with the condition that they will pay it back if they raise the money. Discussion ensued as to how to the commission should delegate funding to various city events; will they have to give money to other organizations that come forward now? Commissioner Wilsen stated that this is the time the budgeting is done for the whole year and this is when such decisions need to be made. They are not obligated to give money to other groups that come forward throughout the year as we are on a tight budget and must stick with it. Further discussion ensued as to the money that has been placed into contingency at the tentative budget meeting. Commissioner Wilsen said she was under the impression that it was placed there so they could take it out and spread it around without increasing the millage rate. 3. Motions by Commissioners for amendments to the proposed tentative budget. Commissioner Wilsen, seconded by Commissioner Johnson moved to amend the adopted tentative budget to move $1800 from the contingency fund line item to a line item for televising the monthly Planning and Zoning Board Meetings; and to move $15,000 from the contingency fund line item to a line item as designated seed money for the Taste of Ocoee, featuring the Florida Lakes Symphony event. Motion carried 5 -0. Finance Manager Brosonski confirmed there is $327,430 still in the contingency. There was discussion regarding various millage rates and dollar amounts that would occur with various scenarios of the contingency fund amount. There was discussion regarding moving money from contingency for various items such as the air conditioning fund, the fire department vehicles, and the north fire station fund. Commissioner Keller said the previous motion, plus $100,000 for the north end fire station, and $100,000 left in contingency would create a millage rate of 5.4838. Commissioner Johnson said this is not the right year to place another $100,000 aside (added to $320,000 that is currently there) that we cannot use when we need pothole repairs, roads paved, sidewalks installed, and more parks, etc. There was discussion about Fire Department services and about where the Fire Departments should be located, about placing the money aside for the north end fire department vs. using it for other items. Commissioner Johnson said there is not a safety issue because everyone in the city is covered, even if trucks come from a station outside of Ocoee. Commissioner Hood asked the City Manager to look into how much it would cost to convert vignette back into a Fire Station. City Manager Frank said are we looking at moving personnel from the Clarke Road Station to Vignetti, or are we opening a fifth fire station and having to add personnel and equipment. There was also discussion about starting our own ALS transport units because Health Central will be getting out of the transport business. City Manager Frank said once Health Central merges with a larger hospital, we will have a workshop to make decisions about ALS transport because they will probably no longer provide it. We can have the County transport, do our own transport, hire a private company to transport, etc. Mayor Vandergrift stated we should do our own transporting so we are not waiting around at the scene for an ambulance to arrive. He also felt Page 3 of 7 Final Budget Public Hearing September 29, 2010 that for now money should be left into contingency until we have more information later in the year and know where the money would be best used. Mayor Vandergrift discussed the $69,000 donated by the Fire Department to use the as raises for general employees, he felt the money should be equally distributed among non - supervisory employees. Mayor Vandergrift, seconded by Commissioner Keller moved to amend the adopted tentative budget to move $69,260 from the contingency fund line item to a line item for salary increases for full time non - supervisory employees. Discussion ensued. Commissioner Wilsen said at the last meeting it was discussed that we should do a specified amount to certain groups of individuals called an appreciation fund. Commissioner Johnson felt the supervisors should be left in. Commissioner Keller said he would like to give a one time payment to everyone, either the same amount or some tiered system, and call it appreciation pay for sticking with us through hard times. Further discussion ensued regarding who should receive the money. Union Rep. Kelly stated the Firefighters earn higher salaries than many of the employees and they would like to see the employees at the lower end of the pay scale get the money they donated. Commissioner Keller, seconded by Commissioner Johnson moved to amend the adopted tentative budget to move $69,260 from the contingency fund line item to a line item for appreciation pay to be distributed evenly among general employees. There were no public comments. Discussion ensued. The estimate is that it would be approximately $400 per person, 175 general employees and excluding members of bargaining units. Mayor Vandergrift moved to amend the motion to give the money to non- supervisory employees only. Motion died for lack of a second. Discussion ensued with regard to making the cut off a specific salary amount. HR Director Carnicella said most first line supervisors fall in level 5 which has a pay range of $40,000 - $75,000. Commissioner Wilsen suggested that those making $40,000 or less could get a $400 sum and over that amount would get a $200 sum. Lengthy discussion ensued. Commissioner Johnson, seconded by Commissioner Keller, moved to amend the proposed amendment to the adopted tentative budget to include the following lump sum amounts, on the condition that they will be adjusted proportionately downward if the total exceeds $69,260 amount. This would apply to permanent full time non - probationary general employees only: For Salary of : Less than $35,000 = $400 lump sum $35,000 - $55,000 = $300 lump sum $55,001 - $75,000 = $200 lump sum Above $75,000 = $100 lump sum Motion carried 4 -1, with Commissioner Hood opposed. Commissioner Keller, seconded by Commissioner Wilsen, moved to amend the proposed amendment to include that permanent part time employees will receive Page 4 of 7 Final Budget Public Hearing September 29, 2010 half of the salary category that they fall into. Motion carried 4 -1 with commissioner Hood opposed. Summary of Original Motion, as amended. Amend the adopted tentative budget to provide for a one time cash payment in the total aggregate amount to $69,260 for all non - probationary general employees using the tiered system (below) and including permanent part time employees to receive one -half the amount of the salary category they fall into. The lump sum amounts may be adjusted downward if the total expenditure exceeds $69,260, but will not be adjusted upward. For Salary of : Less than $35,000 = $400 lump sum $35,000 - $55,000 = $300 lump sum $55,001 - $75,000 = $200 lump sum Above $75,000 = $100 lump sum VOTE ON ORIGINAL MOTION, AS AMENDED: The motion, as amended, carried 4 -1, with Commissioner Hood opposed. After the all the previous motions, Finance Director Horton confirmed there is $258,170 left in contingency. The millage is still at 5.5574. Discussion followed with regard to how much should be left in contingency. Commissioner Wilsen asked if it was prudent to leave the $258,170 in contingency. Mayor Vandergrift and Commissioner Johnson answered in the affirmative. Commissioner Hood stated some could be given back to the residents. Commissioner Keller suggested some could be moved to street resurfacing. Commissioner Wilsen, seconded by Commissioner Keller, moved to add an additional $100,000 to street resurfacing and sidewalks repairs. Motion carried 3- 2 with Mayor Vandergrift and Commissioner Johnson opposed. Discussion that there is currently $200,000 in street resurfacing, this will make the total $300,000. Commissioner Keller inquired about the $49,970 that was saved (auto insurance /general liability premium) that we put in the contingency B . Announcement by Director of Finance of the recomputed proposed final millage rate and the percent by which the recomputed proposed millage rate exceeds the rolled -back rate. This percentage is the proposed final percentage increase in property taxes. City Attorney Rosenthal stated that being no further amendments, the recomputed proposed final millage rate is 5.5574. The percentage by which the proposed final millage rate exceeds the rolled back rate is 0 %. There is not proposed increase in property taxes. Mayor Vandergrift stated there is a decrease in the millage rate from 6.3755 (rolled back rate) to 5.5574 (proposed) which will give you a further decrease in taxes addition to what you will get because your property value decreased. Page 5 of 7 Final Budget Public Hearing September 29, 2010 1. Motion to adopt Ordinance No. 2010 -020, setting final millage rate. Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt Ordinance 2010 -020 approving the final millage rate of 5.5574. City Attorney Rosenthal read the title of ordinance 2010 -020. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR NO INCREASE IN MILLAGE RATE OVER THE ROLLED -BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. City Attorney Rosenthal announced: The name of the taxing authority is the City of Ocoee. The rolled back rate is 6.3755. The percentage by which the millage rate exceeds the rolled back rate is 0 %. The millage rate proposed by the ordinance is 5.5574. a. Comments by Citizens — no further comments b. Comments by Commissioners — no further comments c. Vote on motion to adopt Ordinance No. 2010 -020, setting the final millage rate. Motion carried 5 - 0. 2. Motion to adopt Ordinance No. 2010 - 021, adopting final budget. Commissioner Keller, seconded by Commissioner Hood, moved to adopt Ordinance 2010 -021 approving the final budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011, incorporating the adopted tentative budget as amended this evening. City Attorney Rosenthal read the title of ordinance 2010 -021. AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. a. Comments by Citizens. — no comments b. Comments by Commissioners.- no further comments c. Vote on motion to adopt Ordinance No. 2010 -021, adopting the final budget. Motion carried 5 - 0. C. Announcement by Mayor Vandergrift of end of budget public hearing. Mayor Vandergrift announced the conclusion of the Final Budget Public Hearing. Page 6 of 7 Final Budget Public Hearing September 29, 2010 III. ADJOURNMENT The meeting adjourned at 9:10 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 7 of 7