01-18-11 MINUTES
OCOEE CITY COMMISSION
JANUARY 18, 2011, 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 Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
0 Promotion Ceremony of Vincent Byrd to Lieutenant. (Fire Chief McNeil) Chief
McNeil summarized Vincent Byrd's career and presented him with his new helmet and
Lieutenant bars. His wife, Ocoee Police Officer Jamie Byrd, pinned him with the new bars.
0 Presentation by Fire Department on the Ocoee Fire Puppets Public Education DVD
Premiere and Awards of Appreciation to those Involved in Producing it: Lt. Mike Reed,
Fire Inspector Shawn Sorenson, Firefighter Paramedic Cameron Outland, and OGTV
Director/Producer Bill Suchy. (Fire Chief McNeil)
Fire Chief McNeil showed a portion of the video presentation that will air on Ocoee TV and
Orange TV and gave Merit awards to the above firefighters involved in the production, as well as
OGTV Producer (and former employee) Bill Suchy. Mr. Suchy stated that this programming is
already airing on Orange TV and it is in high demand.
0 Presentation of 911 Anniversary Flag - Assistant to the City Manager Williford gave
a background history on the 911 Anniversary Flag. He stated the flag has been displayed in
numerous places and will be in this area in the near future. He was approached by
Commissioner Wilsen regarding having the flag displayed in Ocoee. They were looking to
possibly use the Community Center so that the public would have access to viewing the flag.
There will also be a speaker available that will be travelling with the flag to give its history.
Commissioner Wilsen stated she was approached by Elsie Rosado (Ocoee Resident, District 2)
who is very involved with this. If the Commission is in agreement this event is to take place on
February 19 The program will bring people with them to supervise but they will need minimal
assistance from the City and use of the Community Center.
Elsie Rosado briefly shared her story on the loss of her daughter on 9 -11 in one of the Twin
Towers and how they began the 911 Anniversary Flag.
Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the 911
Anniversary Flag Event to take place in the Community Center on February 19
and grant $1000 toward the program to defer costs. Motion carried 5 -0.
Mayor Vandergrift briefly shared a story regarding a monument in Windermere presented by
the Boy Scouts, which is a piece of the beam from the Twin Towers. The monument also has a
display of all of the nation's flags of those who died, approximately 90 nations.
City Commission Regular
January 18, 2011
Elsie Rosado stated that residents can go to www.national911flag.org to learn more about the
history of this flag and if the city needs assistance finding a hero who can be present to put a
stitch in the flag.
0 Proclamation — School Crossing Guard Appreciation Day — February 4, 2011.
(Mayor Vandergrift) There was a brief discussion honoring Frances Watts for her many years
as a crossing guard and for fighting for the guards to be recognized.
C. COMMENTS FROM CITIZENS/PUBLIC
R.P. Mohnackey, 1820 Prairie Lake Blvd., stated Channel 13 had an article about modifying the
law that you d not have to stop for a red light, but you can slow down and look and proceed
cautiously. City Manager Frank clarified that he believes Mr. Mohnackey is referring to the
red light camera citation law which was modified to prohibit tickets if the driver did not come to
a complete stop as long as the stop was safe and prudent. Deputy Police Chief Goclon
interjected that the law being discussed only addresses red light camera citations; if an officer
sees the violation then the officer can still issue a citation.
Margaretta McKenzie, 807 Apricot Drive, stated for the last three years the roads have been
getting worse to get out of Ocoee Hills Road onto Silver Star Road. She is aware of 5 people
who have had an accident on that very spot, including her daughter. She is asking for something
to be done to insure safety; some kind of traffic device.
Commissioner Johnson stated one of the problems is that Silver Star is a State Road and does
not belong to the City. Public Works Director Krug stated that this intersection has been
studied and it meets the requirements for a signal, but the argument is who will pay for it. They
have been meeting with Metroplan Orlando and this is one of the projects on the list. They are
closer than they have ever been which means they are probably a year away from this being
funded.
Ms. McKenzie stated she has collected 150 signatures for a petition which she hopes will help.
The petition was turned into the City Clerk. Public Works Director Krug stated he will be
attending a meeting with Metroplan at the end of the month and can take the petition with him.
Commissioner Keller stated he also has a Metroplan Advisory Committee meeting and will take
a copy of the petition as well.
Mayor Vandergrift inquired about a separate set of funds available to the Police Department for
emergency intersection remedies; he attended these meetings years ago and inquired if the Police
Department is aware of it. Deputy Police Chief Goclon stated he is aware of the meetings and
they do still attend them. He further stated he believes they have asked for funds in the past for
this location but because there have not been many crashes at this intersection it does not warrant
a signal. Mayor Vandergrift stated they need to take the petitions to both committees and push
for this.
Pastor Robert Young, 101 S. Clarke Road, stated they are a new church in Ocoee, Gospel
Tabernacle Church, and would like to offer their services to the City with anything they need
help with. He briefly spoke about his church and some of the events and services they offer. He
also offered his property as a hurricane shelter and was advised to get certification for that from
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January 18, 2011
Red Cross. Mayor Vandergrift asked him to contact the police department about the Chaplin's
services.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank made the following reports:
1) stated back in June 15, 2010, the Commission approved to surplus and sell the Fire
Department's 1996 Quint and two (2) KME Pumpers. At that point they had a 6 -month
brokerage agreement with Ten -8 Fire Equipment for the sale but did not get any offers that they
thought reflected the actual value of the property and that agreement expired on January 1St
Within the last days they have received an offer of $40,000 for the two(2) KME Pumpers and
seeing that they are no longer in an agreement for the brokerage then they will need Commission
approval.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
sale of the two (2) KME Pumpers for $40,000 to Cook County, GA. Motion carried
5 -0.
2) stated he received a letter from Florida League of Cities which he provided copies on the dais.
The letter was informing the City of an appreciation rebate of a portion of their membership
dues; they realize it is hard economic times for municipalities. The city has already received the
check for approximately $800.
3) announced that the Parks and Recreation Department is taking registration for Youth
Basketball Camp and Youth Basketball League, and the Adult -Co -Ed Kickball League; for more
information you may contact the Parks and Recreation Department at 407 - 877 -5803.
4) announced the Florida Safety Council will be conducting a Mature Driver Insurance discount
Class on Tuesday, January 25 at the Tom Ison Center. The all day class is open to resident 55
and older, and the first 50 Ocoee residents to register will receive a $10 discount on the tuition
fee; to register contact the Florida Safety Council at 407 - 897 -4405.
5) Gave kudos to Utilities Director Smith and the staff of the Wastewater Utilities Plant that
experienced the power outage on Monday, January 17 there were no operational issues due to
back -up generators being in place and operational.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood — none
Commissioner Wilsen — 1) stated in December there was a lot of work put into the Christmas
Dinner and she wanted to acknowledge Gloria Petrone and Kathy Lipton for all the work they
did. 2) also thanked the HRDB Board for the MLK event. The parade did not go off as planned
but they did a great job and it was a wonderful event.
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January 18, 2011
Commissioner Keller - announced the Ocoee Middle School is having a fundraiser selling
engraved pavers to be a permanent part of the Ocoee Middle School Legacy Walk outside of the
cafeteria. Pavers will be $40 -$65 and can be purchased at the administrator's office between
8:30am — 4:OOpm.
Commissioner Johnson stated he has a speaker form for Tammy Love and invited her up to
speak. Tammy Love stated she is representing Glad Tidings Church and they will be hosting a
Super Bowl Event which will be held on February 6, 2011.
Commissioner Johnson — 1) stated they had spoken a few meeting back about use of the
facilities for the Boy Scouts Derby and he would like to waive the fee this year and budget it in
the future to waive the fee.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to waive
rental fee for the use of the Beech Center for the Boy Scouts. Motion carried 5 -0.
2) stated they finally wrapped up Founder's Day and he would like to have a recognition
presentation at the next commission meeting. He will speak with the City Manager to put it on
the agenda.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Consent Agenda Items #1 through #6. Motion carried 5 -0.
1. Approval of Minutes for Regular Commission Meeting Held January 4, 2011. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Request for Approval to Serve Alcoholic Beverages (Beer and Wine Only) at a City -
Owned Facility (Ison Center) During a Surprise 75th Birthday Party Event Being Held
by the Hendrix Family on January 22, 2011. (City Clerk Eikenberry)
The Hendrix Family is using a City-owned building to hold a special event; Surprise 75 Birthday Party for Tom
Hendrix. The family is requesting permission to serve a limited amount of beer and wine at this event. Past policy
excluded the use of alcohol in a city-owned facility without specific approval of the City Commission.
Approved on Consent. Motion carried 5 -0.
3. Award of RFP #11 -001 Emergency- Disaster Debris Removal Term Contract to TAG
Grinding Services, Inc. (Purchasing Agent Tolbert)
On December 7, 2010, the City Commission awarded three (3) term contracts for Emergency- Disaster Debris
Removal to Bamaco, Inc., Ceres Environmental Services, Inc., and TFR Enterprises, Inc. However, TFR
Enterprises is in default for failure to enter into a written contract and provide the required Performance Bond as
required by the RFP and as TFR committed to do in its Proposal to the City. The City reserves the right to pursue all
applicable remedies and the City has advised the Bid Bond surety of the default. The other two awarded firms have
provided the required Performance Bond.
Staff is recommending a contract be awarded to the fourth ranked firm, TAG Grinding Services, Inc. once the
required insurance and Performance Bond is secured. The contract shall consist of a one (1) year term with four
separate automatic one (1) year renewal terms, for a total of five (5) years. This will provide the City with a total of
three (3) contractors for emergency- disaster debris removal.
Approved on Consent. Motion carried 5 -0.
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January 18, 2011
4. Approval of Special Event Permit Request for Road Closure of McKey Street for Glad
Tidings Church Super Bowl Block Party. (Building Official Washington)
In order to temporarily close a public street the approval of the Honorable Mayor and City Commission is required.
Glad Tidings Church has made application to the City for a Special Event Permit for a Super Bowl Block Party that
would require the temporary closing of a City owned street. The event will be held on February 6, 2011. The street
to be closed is McKey Street.
Approved on Consent. Motion carried 5 -0.
5. Approval of Fourth Addendum to Consulting Agreement with SMW GeoSciences, Inc.
(Utilities Director Smith)
The Utilities Department utilizes the consulting services of SMW GeoSciences, Inc., for assorted projects
throughout the year, such as receiving compliance support after issuance of the Consumptive Use Permit, assistance
for Alternative Water Supply planning and the water conservation program. The original agreement was executed
on January 17, 2006, and was authorized for two years, with a one -year extension executed on February 18, 2008,
and Addendums executed February 3, 2009, and April 6, 2010. Staff recommends extending the terms of the
Agreement through January 17, 2012. The Consultant is seeking no changes to the agreement or any increase to
fees for services.
Approved on Consent. Motion carried 5 -0.
6. Approval for Intent to Annex for Water Service for Francisco and Maria Medina — 521
2nd Street. (City Engineer Wheeler)
Mr. & Mrs. Medina, who own the property at 521 2 Street, have been customers of the Ocoee water system for
many years. The property was not platted as part of a larger subdivision. The Medina property was annexed into
the City of Ocoee in 1978 as part of a larger parcel of land. The property has been connected to the City of Ocoee
water system since the early 1980s. It was subsequently discovered that the property was not contiguous to lands
within the City and the annexation was nullified by ordinance in 1985. The Medina Property is not annexable at this
time. Therefore, this is just Intent to Annex for Water Service at this time. There is a 6" water main along the east
side of 2 " Street that provides water service to the property. There are no sewer facilities in the area to even
consider sanitary sewer service. There is available capacity in the potable water system for this residential customer.
Approved on Consent. Motion carried 5 -0.
G. PUBLIC HEARINGS — SECOND READING OF ORDINANCES
7. Zepeda Property — 244 Silver Star Road. (Advertised in the Orlando Sentinel on
Thursday, January 6, 2011, and Thursday, January 13, 2011). (City Planner Rumer)
The subject property is located on the north side of Silver Star Road and south of Rewis Street., '/4 east, northeast of
the intersection of Bluford Road and Silver Star Road. The proposed Annexation and Initial zoning of the Zepeda
property was reviewed at a Public Hearing by the Planning and Zoning Commission on December 7, 2010. The
Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the
+/- 2.5 acre parcel of land known as the Zepeda Property located at 244 E. Silver Star Drive.
City Planner Rumer explained the annexation and rezoning of an existing single family lot. He
said we currently service them for water and the property meets the criteria for annexation.
a. Annexation Ordinance
City Attorney Rosenthal read the title of annexation ordinance 2010 -040.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, there
public hearing was closed.
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Commissioner Keller, seconded by Commissioner Wilsen moved to adopt
annexation Ordinance 2010 -040, approving the annexation of the Zepeda property
located at 244 East Silver Star Road.
b. Rezoning Ordinance
City Attorney Rosenthal read the title of rezoning ordinance 2010 -041.
Mayor Vandergrift explained that this is an annexation for a property that is already on our
water system and has no adverse impact on taxes.
Mayor Vandergrift opened the Public Hearing.
Robert Young, resident, confirmed that annexing this property this would increase tax revenues.
The Public Hearing was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance 2010 -041, approving the rezoning of the Zepeda property located at
244 East Silver Star Road.
H. REGULAR AGENDA
8. Approval of Code Enforcement Reduction of Fine/Lien for David W. Driesse - 471
Little Aspen Ct. (Deputy Fire Chief Stanley)
On August 09, 2006, this house was observed vacant with weed/grass growth over 4 ft., large dead tree trunk, limbs
and branches in backyard and 8 ft. white fence in backyard in poor condition, with sections fallen down. On
September 26, 2006, the Code Enforcement Board issued an order to comply by October 10, 2006 or be fined
$150.00 per day. On October 11, 2006, the property was observed still in non - compliance. On October 12, 2009,
the property was observed to be in full compliance. On October 14, 2009, an order for fine /lien was imposed totaling
$164,400.00. At the October 26, 2010, CEB mtg., the property owner stated that he never knew there was code
enforcement action on this property.
Staff concurs with board decision of reduction in payment to the City in the amount of $2,500.00.
Deputy Fire Chief Stanley explained the case and stated the Code Enforcement Board
recommended a $2500 lien. Commissioner Johnson questioned owner David Driesse about the
timing of when he lived in the home, rented it, or when it was vacant. Mr. Driesse said he was
not clear about the exact timeline, however he has taken care of all other code violations and was
not aware of this one. He said the first time he saw this letter from Ocoee was in September of
2009 and the fine had been accruing since 2006 and there was over a lien for $164,000 on his
property. Mr. Stanley did confirm they have returned mail from September and October 2006
stating that it was undeliverable and the house was vacant. Commissioner Johnson explained
that if you own property you have a responsibility to change your contact information; mail
forwarding only lasts for one year.
Commissioner Johnson, seconded by Commission Hood moved to reduce the
fine to $1,000 payable in 30 days or the fine reverts back to the original fee. No
vote taken at this time due to subsequent amendment.
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There was discussion with the homeowner that he could not pay within 30 days. DC Stanley
confirmed that they have done 12 month payment plans in the past.
Mayor Vandergrift, seconded by Commissioner Hood, moved to amend the
motion to allow that the $1,000 be paid over a period of 12 months or the fine
reverts back to the original fee. Motion carried 5 -0.
Vote was taken on the original motion, as amended.
Motion carried 5 -0.
9. Appointment to the Code Enforcement Board and Consideration to move an Alternate
Member to Regular Member Position. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to
review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The
Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year
terms. Currently, there is one (1) application on file by resident Scott Blynder (District 2).
Member Alexander has resigned from the board, which leaves a vacant regular member position. There are two (2)
alternate members currently on the board. Chairman Godek is recommending moving up Alternate Member Owen
Kelley to the regular member position and staff recommends appointing Scott Blynder, as an alternate member, to
serve a three -year term on the Code Enforcement Board ending June 2014.
Commissioner Wilsen, seconded by Commissioner Hood made a motion to move
Alternate Member Owen Kelley to the regular member position and appoint Scott
Blynder, as an alternate member, to serve a three -year term on the Code
Enforcement Board ending June 2014, per staff recommendations.
Commissioner Wilsen thanked Carolyn Alexander for the time she served on the board.
I. STAFF ACTION ITEMS
City Manager Frank added two more announcements.
1) The Police Department will hold a Concealed Weapons Gun Safety Class on February 12,
2011 at 8:00 a.m. 2) The Citizen's Police Academy begins on Wednesday, February 23, 2011 for
the next 8 consecutive Wednesday's from 6:00 p.m. to 9:00 p.m. Call Officer Anglero for more
details at 407 - 905 -3160 ext 3024. The Mayor noted he would like a press release on these
classes.
J. COMMENTS FROM COMMISSIONERS
ComnmiSSiouer Keller said Ocoee Middle School is selling engraved pavers from $40 - $60; see
the administrative office for more information.
Commissioner Johnson asked City Clerk Eikenberry about placing the Commission pictures on
the wall of the Commission Chambers. Ms. Eikenberry stated that it is difficult collecting
pictures for all of the Commissioners. The Commissioners directed staff to move forward with
placing those pictures that are obtainable on the walls and try to get the others over time. There
was discussion about getting group pictures or pictures of people smiling however we can only
choose from those that are made available to us.
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Commissioner Hood 1) advised of tryouts for little league baseball on Saturday. 2) asked about
the progress on the agreement with Orange County for reclaimed water in the Westyn Bay area.
Utility Director Smith said we received comments from the county a few months ago on the
agreement; he is in the process of completing a financial review that should be done this week
and once that is done we will send comments back to the county. 3) said opening day for Little
League will be February 26 and cautioned 4) asked about the cleaning up the tires dumped in
the Forest Brooke area. Public Works Director Krug said they are working with the
Homeowners Association to gain access through the pond berm to get it all removed. 5) said he
appreciated that Public Works fixed the pot hole on Adair Street. Mayor Vandergrift said there
is another one at Clarcona and Adair Street that needs to be repaired. 6) thanked staff for
removing political signs that have been out there for months after the election. 7) asked about the
homes at Clarcona Ocoee west of the little store and across from the golf course; stated they got
dried -in but then construction stopped a year ago. Consensus was that the developer ran out of
money but staff needs to make sure the area is kept clean until they can start building again.
Commissioner Johnson 1) inquired if there is a way to penalize the guy who puts out the junk
car signs. Deputy Chief Stanley said he is hard to track down because the phone numbers don't
go to him and are not linked to an address. The Mayor suggested the city adopt an ordinance that
will sternly penalize such people. There was discussion on how to handle these types of signs;
there are several currently creating an issue such as Ocoee Singles, Health Insurance, Junk Cars,
etc. City Manager Frank stated that staff has been trying to stay on top of this issue and locate the
offenders. DC Stanley said they are investigating if the businesses are real and what to do about
the enforcing the prohibited placement of the signs.
Mayor Vandergrift 1) read an email from a resident stating the intersection of Phyllis Street and
Wurst Road is very dangerous. She heard a resident earlier this evening petitioning to get a stop
light and feels that this intersection needs to addressed also. Commissioner Johnson said the
stop signs have been put up and taken down several times over the years. Public Works
Director Krug said the placement of stop signs was backing up traffic, partly due to the Spring
Lake School traffic. It is a difficult area because there are the railroad tracks and two
intersections that need to be addressed. Mayor Vandergrift stated that we need to get police
presence there for better enforcement. Deputy Chief Goclon said they can have officers check
to see if laws are being violated, but it is an awkward three way intersection and the people on
Phyllis Street have a difficult time getting out. DC Goclon said he will go out with Public
Works and reassess the situation. Mayor Vandergrift directed IT Technician Coleman to
forward the email to them for response to the resident.
Commissioner Wilsen 1) said a resident asked her about the "pig trail" near Spring Lake
Elementary with people parking there. Commissioner Hood said that problem has been pretty
much resolved at this point. Chief Goclon said he will check it out again to see if the problem is
reoccurring. There was discussion about how to divert traffic to avoid crowding in that area.
There was also discussion about the bus loop at the school that is no longer effective since the
school is over crowded; they have double the number of students (900) than the school was built
for. Commissioner Johnson noted the same problem is occurring on Bluford for the Ocoee
Middle School traffic.
Mayor Vandergrift wished camera technician Kyle Millis well as he leaves to join the United
Stated Armed Forces.
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January 18, 2011
ADJOURNMENT
The meeting was adjourned at 8:46 p.m.
APPROVED:
Attest: City of Ocoee
1 i
..;111 -7-7.1 5--tr
Beth ikenberry, City Clerk • S. Scott Vandergrift, Mayo
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