11-02-10 MINUTES
OCOEE CITY COMMISSION
NOVEMBER 2, 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. Following a moment of silent meditation, Mayor Vandergrift led the
Pledge of Allegiance to the Flag. Acting City Clerk Sibbitt called roll and declared a quorum
present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller (absent).
Also Present: Assistant City Attorney Watson, City Manager Frank, and Acting City Clerk
Sibbitt.
Mayor Vandergrift welcomed Angie Chambers who is the leader of Girl Scout Troop #1641.
Angie Chambers introduced herself and briefly explained the purpose of the Junior Girl Scout
Troop attending the meeting tonight is because they are working on their Model Citizen badge.
B. PRESENTATIONS AND PROCLAMATIONS
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank stated that there are a couple of hand -outs in front of them on the dais.
One of the hand -outs is the ordinance for Item #8 and the other hand -outs are the ordinance for
Item #9 as well as a brief synopsis of the Planning & Zoning Meeting, also for Item #9.
He further stated he would like for Utilities Director Smith to come forward and give a brief
summary on the City's Consumptive Use Permit from the St. John's Water Management District.
Utilities Director Smith gave a brief update on the Consumptive Use Permit stating that they
have made all their submittals and the District has prepared a preliminary technical staff report
which they are hoping to approve before November 15, 2010, (90 days submittal deadline) with
a permit duration of 20 years based on a December 2006 to November 2026 Permit. The City
has demonstrated it could meet its water demands for the permit duration because of its
aggressive reclaim retrofit and water conservation programs. The City is in the forefront in the
Central Florida area for the retrofitting of neighborhoods with reclaim.
He further explained that the 2006 allotment for the permit was 4.33 million gallons a day and
the new permit for 2013 will allow for 4.88. Utilities Director Smith stated since the reclaim
which was put in 2006, their annual average daily flow has gone down from 4.33 to 3.65 million
gallons. He briefly explained the impacts from the permit and additional reporting that they will
be required to do.
City Commission Regular
November 2, 2010
Commissioner Hood inquired if they about moving forward with the landscape ordinance.
Utilities Director Smith stated they have the district's boilerplate and they will be reviewing it
and preparing it. They have to submit a mark -up copy to the district by the beginning of the
summer (June 2011). Commissioner Wilsen stated she feels Utilities Director Smith and his
staff should pat themselves on the back because they did the actual work and they appreciate it.
City Manager Frank congratulated Charles Smith for being able to acquire a 20 year permit.
Commissioner Hood stated they have piping on the north end if they can just get the county to
work with them on the reclaim. He further inquired as to where the city was with that. City
Manager Frank stated they have been working with the county regarding that area. He further
added that there are a couple of things they have been working on with the county for the last
year or two and they anticipate that after this evening it will be much easier to work with the
county in the future. Mayor Vandergrift inquired as to how the interconnectivity with Winter
Garden and Orange County is going. Utilities Director Smith stated they sent a letter out this
afternoon to work on an interconnection at Good Homes Road and Hwy 50 from their system to
ours. There is also some new work being done out by the Expressway that they are putting an
interconnector in with Winter Garden. Mayor Vandergrift stated the water tower on Clarke
Road belongs to Orange County and inquired if we are negotiating that. City Manager Frank
stated the county will be soliciting bids and the county did assure them that they would let them
know prior to taking any action on it so they would be able to bid.
Assistant City Manager Shadrix give a brief update on the Farmer's Market stating that in light
of the pending time change he wanted to let them know what they will be doing to ensure that
they will continue to have a vibrate market. They will be putting up temporary lighting trees at
each end of the market which will be running on generator power. He further stated in the mean
time they are working with Progress Energy to allow them to tie into the existing transformer by
the BBQ place and create a station that they can use hotboxes. If successful with Progress
Energy there will be more then enough power permanently for both sides of McKey Street.
Assistant City Manager Shadrix stated they will also be lighting up the existing trees and using
the existing generator power for that as well. They have heard nothing but positives' regarding
the Farmer's Market and wish to continue that. Mayor Vandergrift stated he would like to see
how much the poles are costing them and if they could use the plugs on them. He further stated
he would like staff to find out how much they cost to replace them and take them over which he
would also like to be done on the lake front. He stated the City is paying a premium on the poles
which will never end, above what a normal street light would cost us. Assistant City Manager
Shadrix stated they are continuing to look into that with Progress Energy and they will be
further negotiating that; however, for the sake of time they will need to get something in place
before the time change. He further stated they will have the information to discuss at the next
Farmer's Market briefing. Commissioner Wilsen stated she would like at one point for them to
look at what the expense will be if we move the market down to Lakeshore. City Manager
Frank stated the hotbox set -up can be used for any type of event they decide to do downtown.
There are a couple of avenues they are looking at and will need to come up with some type of
lighting concept to go with the hotboxes which is something they can adapt to be used out on the
lake front should they decide to move it. A brief discussion ensued regarding the growth plan of
the Farmer's Market.
Page 2 of 6
City Commission Regular
November 2, 2010
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Johnson — 1) Founder's Day starts this week on Friday night at 5pm -IOpm.
Entertainment will be a local group along with Kentucky Headhunters and Jamey Johnson.
Saturday's events will start about noon with local entertainers in the gazebo. The main stage will
begin around 2:OOpm with the Dirt Drifters, Jim Van Fleet, Diana Carter, Justin Moore, and Clint
Black. The big firework show will begin at 9:30pm. Mayor Vandergrift added that they will
also have the fishing tournament, 5K run, and Poker Run also on Saturday
Commissioner Wilsen — 1) Reminded everyone about the Market Place also on Founder's Day
which has about 70 arts /crafts/business vendors who will be there from 9am — 6pm. Mayor
Vandergrift added they will also have the Farmer's Market on Friday evening.
Commissioner Hood - 1) Announced Ocoee High School Football will have its last game of the
year at Apopka this Friday. Game starts at 7:30 pm. 2) Congratulated the Pop -Warner Senior
Midgets for winning the Mid - Florida Championship; they beat Apopka 22 -0 at the Citrus Bowl
this past Sunday. They have a game coming up in Jacksonville and you can go to their website
to check it out. 3) Thanked everyone on the Recreation Advisory Board and Parks and
Recreation Department for the Haunted House this past week. It was open Thursday, Friday,
and Saturday and brought in over 3600 people this year. Next year's theme is SAW.
Mayor Vandergrift — 1) Congratulated the Parks and Recreation Department for great success
with the Haunted House. Stated he has lots of pictures in the gazette for those who want to view
them. 2) Announced the Bulldog Football team won 29 -0.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve
Consent Agenda Items #1 through #7. Motion carried 4 -0 with Commissioner
Keller absent.
1. Approval of Minutes for Regular Commission Meetings Held October 19, 2010 and
Final Budget Public Hearing of September 29, 2010. (City Clerk Eikenberry)
Approved on Consent. Motion carried 4 - 0 with Commissioner Keller absent.
2. Approval to Expend and /or Grant Forfeiture Monies to Law Enforcement Related Uses
and Charities. (Deputy Police Chief Goclon) A g
Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000
pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less
than fifteen (15) percent of such proceeds for the support or operation of any drug treatment, drug
abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer
�Ilrr program.
Approved on Consent. Motion carried 4 -0 with Commissioner Keller absent.
Page 3 of 6
City Commission Regular
November 2, 2010
3. Approval of 2010/2011 School Resource Officer Contract. (Police Chief Brown)
The Ocoee Police Department provides one (1) DARE officer to five (5) elementary schools, one (1)
School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1)
high school, all of which are located within the city limits of Ocoee. An annual agreement between the
City and the School Board of Orange County is required in order for the Police Department to
`�.. understand its officers' responsibilities and for the City to be reimbursed by the School Board of
Orange County for a portion of the officers' salaries.
Approved on Consent. Motion carried 4 -0 with Commissioner Keller absent.
4. Approval of Renewal of EMT /Paramedic Student Affiliation Agreement Between City
of Ocoee and Valencia Community College. (Fire Chief McNeil)
The City Commission approved for the Ocoee Fire Department to enter into an agreement with
Valencia Community College to provide supervised learning experiences for the College's emergency
medical services students on August 5, 2008. That agreement is set to expire on December 31, 2010.
The Ocoee Fire Department would like to renew the agreement for another two year period from
January 1, 2011 to December 31, 2013.
Approved on Consent. Motion carried 4 -0 with Commissioner Keller absent.
5. Approval of Increase to Public Resources Management Group Budget for Revenue
Sufficiency Model Study. (Utilities Director Smith)
On January 16, 2007, Commission approved the awarding of RFQ # 0702 to Public Resources
Management Group (PRMG) for the Utilities Revenue and Expenditure Sufficiency Study. The
original approval included a study funding authorization of $50,000. The study developed a
revenue /expense model that includes but is not limited to: past expenditures, present and future
volumetric usages, historical and planned maintenance, existing and future debt encumbrances, and
impacts resulting from the Capital Improvement Plan. When completed, the study will provide a
timeline for predicted revenues /anticipated expenses and annual funding levels for the department's
R&R (repair and replacement) program and provides future bonding support.
Since the original development of the study, staff has compiled the Utilities Department budget in
more detail, which includes ten (10) yedr schedules for: maintenance programs for lift stations,
wastewater, reclaim and water facilities, staffmg levels, and vehicle /equipment replacement schedules.
The economy has also had significant changes since the development of the original study which have
affected population projections, and this has caused a revenue shortfall due to the reduction in the
number of connection fees collected and the reduction in potable water consumption. In addition, the
success of the City's reclaim system expansion has decreased potable water and sanitary sewer
revenues but has been slightly mitigated by an increase reclaim revenues. The update of the study will
take the above into account and shall address the current Capital Improvement Plan and provide
discussion of funding opportunities.
Approved on Consent. Motion carried 4 -0 with Commissioner Keller absent.
6. Approval of Phase II Event Center Scope of Work. (CRA Administrator Wagner)
At the September 29, 2010, CRA Budget Meeting, the CRA Board discussed and approved a budget amount of
$35,000 for the next phase of the feasibility analysis for the Event Center. The attached Scope of Work for C.H.
Johnson Consulting, Inc. provides for further business, operating and financial analysis related to the proposed
Event Center, including the preparation of conceptual architectural layouts. The CRA By -Laws specify that all
purchasing procedures follow normal City requirements. In this case, the proposed dollar amount of the work
exceeds the $25,000 limit for City Manager approval.
Approved on Consent. Motion carried 4 -0 with Commissioner Keller absent.
Page 4 of 6
City Commission Regular
November 2, 2010
7. Approval of Professional Services Contract with State Legislative Consultants
GrayRobinson. (City Manager Frank)
The current agreement with GrayRobinson expired on Sept. 30, 2010. Staff would like to continue a
month to month basis agreement effective Oct.1, 2010. The new agreement would be at the same rate
of $42,000 annually, plus expenses not to exceed $4,200 per year. This contract will be continuing and
may be terminated upon 30 days written notice, with or without cause.
Nor Approved on Consent. Motion carried 4 -0 with Commissioner Keller absent.
G. PUBLIC HEARINGS - None
H. FIRST READING OF ORDINANCES
8. Villages of Wesmere. (Second Reading and Public Hearing is scheduled for November 16, 2010,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Senior Planner Howell)
The Villages of Wesmere townhome development was approved by the City Commission m 2006. The
development was approved for 369 townhome units on 49.48 acres at a density of 7.46 units per acre.
Since the approval, demand has fallen considerably for townhome units and only a handful of the
approved units have been constructed in the southern half of the development. Recently the City
received a request to rezone the northern portion of the development, approximately 40.60 acres to
PUD (Planned Unit Development) to allow the construction of 178 single - family detached units in
place of a portion of the approved townhome units.
a. Planned Unit Development Rezoning Ordinance
b. Land Use Plan
Assistant City Attorney Watson read the title of the rezoning ordinance.
Mayor Vandergrift stated the second reading and Public Hearing will be heard on
November 16, 2010, at 7:15 p.m. or soon thereafter.
9. Fountains West Planned Unit Development. (Second Reading and Public Hearing is scheduled
for November 16, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Senior Planner
Howell)
The Fountains West PUD was approved by the City Commission on December 19, 2006. The PUD
was approved with a total of 8 lots. The PUD is the site of a commercial shopping center containing a
Publix grocery store and two banks that are situated on outparcels. The remaining lots are currently
undeveloped. The applicant is requesting a Substantial Amendment to remove Lot 7 from the
boundaries of the PUD. The applicant intends to include the boundaries of Lot 7 in a new three lot
commercial subdivision that will be developed at the southeast corner of the intersection of Ocoee -
Apopka Road and West Road. Per the Land Development Code, a Substantial Amendment to a PUD is
required when the Conditions of Approval to the accompanying Development Agreement are required
to be modified. Several of the Conditions of Approval refer to Lot 7, thus the need for the Substantial
Amendment.
a. Substantial Amendment to the PUD
b. Rezoning Ordinance
Now-
Assistant City Attorney Watson read the title of the rezoning ordinance.
Mayor Vandergrift stated the second reading and Public Hearing will be heard on November
16, 2010, at 7:15 p.m. or soon thereafter.
Page 5 of 6
City Commission Regular
November 2, 2010
I. REGULAR AGENDA - None
J. STAFF ACTION ITEMS - None
K. COMMENTS FROM COMMISSIONERS
Soar Commissioner Hood — encouraged everyone to come out this weekend to the Founder's Day
event. The weather will be great!
Commissioner Wilsen - None
Commissioner Johnson — None
Manor Vandergrift - stated he forwarded a complaint today regarding 18 lights being out on the
highway which he hopes is not correct. He further stated he thinks there ought to be some kind
of policy for the Police Department who is out on the road 24 hours /day to check the lights and
make sure they are being reported. City Manager Frank stated that is being implemented.
Police Chief Brown stated their Community Service Officer does go out once a month and
checks the lights and notifies Public Works if any are out. Commissioner Hood stated he would
advise the citizens if they see a pole out they should write the number down and contact Public
Works. Commissioner Johnson stated he agrees with the Mayor that they have 75 -80 officers
out on the road every night that should be able to report if they see a light out. Police Chief
Brown stated they are currently doing that and forwarding the information to Public Works
because that is what Progress Energy wanted. Public Works Director Krug stated that Police
Chief Brown is correct in sending them the reports because when they met with Progress Energy
to address the lightning issue they only wanted one central contact person. He further advised
that citizens can go on the website themselves and log in the pole and the address; however, if
they do it themselves then Public Works does not have the work order which is the way they are
trying to handle it.
Commissioner Hood — commented that he did receive several calls for residents that wanted to
thank them, City Manager Frank, and staff for the budget. They were very happy with how it
turned out.
ADJOURNMENT
The meeting was adjourned at 7:50 P.M.
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, Acting City Clerk S. Scott Vandergrift, ayor
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