02-01-11 MINUTES
OCOEE CITY COMMISSION
FEBRUARY 1, 2011, at 6:00 P.M.
6:00 P.M. STATE OF THE CITY REPORT
7:15 P.M. REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Black History Month — February 2011. (Mayor Vandergrift)
HRDB Chairman Maxwell briefly spoke about the creation of the Human Relations Board and
the events they have had the pleasure of starting such as the Unity Parade and Fiesta de Colores.
He further spoke on the upcoming Black History Essay contest and encouraged parents to speak
with their children and help educate them on where they came from.
C. COMMENTS FROM CITIZENS/PUBLIC
Theresa Lemons with Ocoee Women's Club announced that on Saturday, February 19 at
10:00 a.m. the Women's Club will be out sprucing up the cemetery and they are inviting any
civic group or residents who would like to volunteer to please meet them out there.
Steven VanVarick with Ocoee Lions Club presented a check in the amount of $125 to
Commissioner Wilsen to go towards the Spring Fling Event. Commissioner Wilsen thanked
Mr. VanVarick and announced that the Spring Fling will be held the last Saturday in March at
Bill Breeze Park.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank made the following announcements:
1) The Police Department will be having the following classes:
➢ S.A.F.E. for Women — a free self defense and safety awareness class using the National Self
Defense Institutes S.A.F.E. curriculum. Classes are from 9:OOam to 12:00 p.m. at the Ocoee
Police Department. Limited to women only.
➢ Handgun Safety Class — a free handgun safety class taught by Ocoee Police Officers from
8:OOam to 1:OOpm at City Hall. Topics include terminology, safety, loading, and unloading,
shooting basics, laws, use of force, concealed weapon permits, and proficiency.
➢ Citizens Police Academy — this is an eight weeks program (32 hours). Classes will meet on
eight straight evenings starting on February 23, 2011, from 6:OOpm to 9:00 pm in the City
Commission Chambers. This academy is taught by Ocoee Police Officers or industry
City Commission Regular
February 1, 2011
experts, funded by donations and free to residents. Topics include department overview,
station tour, police equipment, US Constitution, laws and crimes, domestic violence, traffic
enforcement, evidence, fingerprints, use of force, defensive tactics, firearm laws & safety,
crime prevention, firearm demonstration and participants are eligible for one ride along with
an officer on normal patrol.
2) The next Movie in the Park will be held on Saturday, February 26 at Bill Breeze Park. The
movie is "Shrek Forever After ". The film will start at 6:45pm and the lawn area opens at
5:45pm. Admission is free, so bring your lawn chair or blanket.
3) Construction has been completed and the lighting has been installed at the new Tiger Minor
Park basketball court, which is now open for use. They are waiting for Progress Energy to
connect this new service point to the power line; it may take a few weeks, as they have just
received the work authorization form from Progress Energy today.
4) The Utilities Department put on a Water Conservation Rain Barrel Workshop on Saturday,
January 29 There were 35 residents in attendance so he would like to thank Utility Department
for their great effort.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — announced that Glad Tidings Super Bowl Block Party will be this
Sunday, February 6th on McKey Street from 2pm to 1lpm. He would like to remind residents
that the street will be closed for this event.
Commissioner Johnson - None
Commissioner Wilsen — 1) announced that on February 19 will be the 911 Anniversary Flag
Program at the Community Center from 1pm to 5 pm. If there is anyone would like to nominate
a hero to stitch the flag they can go to the City's website which will direct them to the 911
Anniversary Flag website. 2) thanked the Lion's Club for their donation to the Spring Fling.
The event will be on Saturday, March 26 and the Spring Fling Board is looking for programs
who would like to participant in the event.
Commissioner Hood — None
Mayor Vandergrift — 1) announced on February 14 he will be performing marriage
ceremonies outside at the gazebo. He currently has one couple signed up. 2) thanked the
Commission for helping deliver the State of the City Address.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
Consent Agenda Item #1 through #3. Motion carried 5 -0.
Page 2 of 6
City Commission Regular
February 1, 2011
1. Approval of Minutes for Regular Commission Meeting Held January 18, 2011. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Appointment to the Citizens Advisory Council of the . Ocoee Fire Department
(CACOFD). (City Clerk Eikenberry)
The Citizen Advisory Council for the Ocoee Fire Department (CACOFD) was created to promote and maintain
communication, cooperation and a positive relationship between the City of Ocoee's citizens, City Commission and
Fire Department. The board shall consist of no less than 15 members, no more than 25 members. They will serve
three (3) year terms and membership is open to Ocoee residents, owners of real property in Ocoee, or owners of
businesses located in Ocoee - per the CACOFD By -Laws.
One (1) application was received by Ocoee resident James Spears, who has indicated and interest in serving on the
CACOFD Board.
Approved on Consent. Motion carried 5 -0.
3. Approval of Execution. of Contract with the City of Ocoft and James Carnicella. (City
Manager Frank)
As a result of a reorganization of the Human Resources/Risk Management Department, the City Manager
recommends executing a contract with James Carnicella to provide Risk Management services on a contract basis
for $64,900 per year. Mr. Carnicella would step down as Human Resources Director and assume the position of
contract Risk Manager in the department. The City Manager has identified one position to eliminate within the City
Manager's office to fund this change; therefore execution of this contract will not have an impact on the FY 10 /11
Budget.
Approved on Consent. Motion carried 5 -0.
G. PUBLIC HEARINGS - None
H. REGULAR AGENDA
Commissioner Wilsen asked to move item #6 up on the agenda.
4. Appointments to the Planning & Zoning Commission. (City Clerk Eikenberry)
On February 9, 1999, Ordinance No. 99 -09, was adopted requiring nine (9) members that must be City residents for
the Planning and Zoning Commission. There are currently eight (8) members on the board.
The terms of Members Bradley Campbell, Teska Dillard, James Golden, Robert McKey and Milton West have
expired, and they each have indicated an interest in being considered for reappointment. Additionally, due to the
resignation of Nathan Conkling there is one (1) open seat for this board. Currently, two (2) applications are on file
from Ocoee Residents Glenda Dunn and Michael Hopper who have both indicated their interest in being a member
of the Planning & Zoning Commission.
City Clerk Eikenberry stated this item is for five reappointments and to fill one position that
was vacated by a resigning board member. The two applications on file were submitted for the
Commission's consideration.
Commissioner Johnson stated he would like to pull this item because he has a resident in his
district that is interested. He briefly stated he feels his district is not being represented.
Commissioner Johnson stated he would like to appoint Lloyd Hollingsworth to the board for
his district. Mayor Vandergrift inquired if there was an application on file for him.
Commissioner Johnson stated he has the application but forgot to bring it.
Page 3 of 6
City Commission Regular
February 1, 2011
Mayor Vandergrift inquired as to what Mr. Hollingsworth qualifications were. Commissioner
Wilsen inquired if they should just table this item until they receive his application.
Commissioner Johnson felt that was not necessary. He further stated that Mr. Hollingsworth is
a sales person with construction knowledge. Commissioner Wilsen inquired if there were any
term limits for these boards. Mayor Vandergrift stated they have 3 year term limits but may be
reappointed every time their terms are up.
Commissioner Johnson, seconded by Commissioner Hood. moved to appoint
Lloyd Hollingsworth to the Planning & Zoning Commission.
Commissioner Hood stated he agrees that this is a board that should have district balanced. It is
nice to have representation from all the districts. Mayor Vandergrift inquired if they have the
stipulations of what should be on the board. He further stated he is aware of one of the boards
requiring an engineer, and architect, and so forth. City Attorney Rosenthal read the
membership requirement from the LDC which currently stipulates that when selecting members
for the Planning & Zoning Commission, the City Commission shall attempt to select person from
different geographical areas within the City so as to create geographical diversity and
representation.
After discussion, motion carried 5 -0.
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
reappointment of the terms of the five members whose terms expired. Motion
carried 5 -0.
5. Approval of Most Valuable Partnership Grants. (Community Relations Manager
Wright)
Seven applications were received for this year's cycle. The total amount of grant monies requested is $13,500.
There is $10,000 funded for this year's MVP grant program.
The following are the 7 applicants: Admiral Pointe Homeowner's Association: Richfield Community; Rotary
Club of Ocoee; Silver Glenn Homeowner's Association; Sleepy Harbour Homeowner's Association; Villages of
West Oaks and Woman's Club of Ocoee. Four organizations were recommended to receive grants totaling an
amount of $6,615. Three organizations did not receive a recommendation for grant funding: Admiral Pointe
HOA, Rotary Club of Ocoee and Woman's Club of Ocoee. Staff is requesting the City Commission discuss and
make a decision.
Community Relation Manager Wright briefed them on the grants the MVP Committee
approved and stated there were four organizations were recommended for the grants totaling
$6615; there are three additional organizations that are requesting grants for scholarships and
items that may not fit the criteria of the grant. The Committee asked that the Commission review
those three and make recommendations. There was some discussion about the grant criteria.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
MVP grant for the four applicants as recommended by the MVP Committee:
Richfield Community; Silver Glenn Homeowner's Association; Sleepy Harbour
Homeowner's Association; and Villages of West Oaks. Motion carried 5 -0.
Commissioner Hood asked if there were representatives from any of these organizations.
Page 4 of 6
City Commission Regular
February 1, 2011
Commissioner Wilsen said she looked at the application for Admiral's Point and felt that it
meets the criteria for MVP grant of improving the neighborhood since they are putting in
security cameras. Eddie Quinn, with Admiral Point HOA stated they have had car burglaries etc.
in their neighborhood and they have worked with police regarding providing better security in
the neighborhood. The system will have a back up tape that can be used by the police.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the MVP grant for Admirals Pointe Homeowner's Association in the amount of
$2000. Motion carried 5 -0.
Teresa Lemons, of the Women's Club explained that they are giving Westside Tech
Scholarships for displaced housewives to reenter the workforce; she has asked Westside Tech to
earmark the money for ladies from Ocoee; at this time they have five Ocoee candidates for the
grant.
Maria Ramaran of the Ocoee Rotary Club stated the funding is to assist offering grants for
graduating Ocoee High School students to offset college expenses. She stated she has a list of
students who received the scholarship in the past and there are about 65% who live in Ocoee and
the reminder live in Winter Garden, Apopka, and the surrounding areas. She stated they cannot
earmark the funds specifically for Ocoee residents. Commissioner Johnson and
Commissioner Keller noted that kids in their districts attend West Orange High School and
Wekiva High School and this grant only benefits Ocoee High School.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
the remainder of the $10,000 budgeted amount ($1385) be split equally between
the Rotary Club and Women's Club of Ocoee for an amount of $692.50 each.
Motion carried 5 -0.
6. Considerate of Rose Rill Phase 2 &3 — Existing Fence Issue. (City Planner Rumer)
Rose Hill Phases II and III is a single - family residential subdivision annexed into the City in September of 2009.
Recently, a resident of Rose Hill Phase II applied for a fence permit for a replacement fence on a corner lot. Upon
review and inspection, City staff found the applicant's fence and similar fences on corner lots in Phase II and III do
not meet the City's or County's fence setback requirements.
Further research found that Orange County's permit process for fences did not provide for a follow -up inspection of
the fence to identify the fmal location. As a result, many fences on corner lots were placed out of compliance with
Orange County setbacks and the approved Orange County fence permit. Many of the permits that City staff
reviewed were approved and constructed in the 1990's. Staff did further research and found that no variances for
fences were granted by Orange County and at the time of annexation; there were no active code enforcement cases
related to fences.
Currently, a resident can apply for a variance to the required fence setbacks. Given the current economic conditions
and relative infancy of the City's relationship with Rose Hill and their 244 homes, the Planning Department is
proposing a policy to provide relief for residents from going through the variance process that could have an adverse
affect by setting a trend that could carry to new fences on corner lots.
City Planner Rumer stated a handout was provided explaining the grandfathering of fences as
written in the Land Development Code. He further stated that staff is recommending that the
Mayor and Commission support a policy grandfathering in the existing fences in the Rose Hill
Subdivision. Rose Hill Subdivision was annexed in September of 2009. The current policy
allows that fences constructed in the City of Ocoee as of January 2000 to be considered
grandfathered and they can be replaced with a building permit in their current location. They are
seeking to add Rose Hill with an effective date of November 2010 to be offered that same option
and as they update the LDC they will include this policy in that section.
Page 5 of 6
City Commission Regular
February 1, 2011
Mayor Vandergrift, Seconded by Commissioner Wilsen, moved to approve the
policy grandfathering in the existing fences in the Rose Hill Subdivision as
presented by staff. Motion carried 5 -0.
I. STAFF ACTION ITEMS - none
J. COMMENTS FROM COMMISSIONERS
Commissioner Hood — had no comments
Commissioner Wilsen — reminded everyone to come out to the Ocoee Farmer's Market on
Friday's between 4:00 p.m. and 8:00 p.m., shop for home grown foods and talk to your
neighbors.
Cowmissioner Johnson — stated that the "Welcome to Ocoee" sign on Orlando Avenue is in
disrepair and has been that way for over a month. He feels police and other employees who
drive around the city should report these things. Commissioner Hood added there is a pothole
at Adair St. and Sorenson Lane that should have been reported as well. He added that we have a
system in place that is supposed to allow employees to electronically document and report these
things. Public Works Director Krug stated, with regard to the "Welcome to Ocoee" signs, that
they are looking into putting in some new signage because the existing one is not repairable. If
the Orange County Road deal goes through there will be a new sign that will be moved closer to
Rose Hill. He added we have been looking at new signage for city entryways that are nicer and
more durable. Commissioner Johnson said we have also discussed the need for one on Franklin
Street coming in from the West. City Manager Frank stated that entrance signs were part of the
Wish List at budget time that may have been on the chopping block; he stated we will look at the
signage and funding issues and advise further.
Commissioner Keller — none
Mayor Vandergrift — none
ADJOURNMENT
The meeting adjourned at 7:50 p.m.
APPROVED:
Attest: City of Ocoee
y� r th J}
�lLy J"
Be ikenberry, City Clerk Scott Vandergrift, Mayor
Page 6 of 6
MINUTES
SPECIAL MEETING
CLOSED ATTORNEY- CLIENT SESSION
February 1, 2011, at 8:30 p.m.
A. CALL TO ORDER
Mayor Vandergrift called the Special Meeting to order at 8:01 p.m. in the Commission
Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson (arrived at 5:52 p.m.) and Commissioner Keller
Also Present: City Attorney Rosenthal, City Manager Frank, Litigation Attorney John
Hamilton, City Clerk Eikenberry
B. CITY ATTORNEY COMMENTS
City Attorney Rosenthal stated that City brought an action against Cypress Colony, Inc.
to foreclose a code enforcement lien associated with certain property owned by Cypress Colony
in the southwest quadrant of SR 50 and Maguire Road. The case was filed in the Circuit Court
for the Ninth Judicial Circuit of Orange County under Case No. 2006 -CA -3489. The case was
filed in 2006 and has been stayed by mutual agreement of the City and Cypress Colony. The
Court has ordered that the parties mediate the case and a mediation session has been scheduled
for January 26, 2011.
As required by Section 286.011(8), Florida Statutes, I am advising the City Commission
that I desire to have advice concerning this litigation and to discuss with the City Commission, in
a closed session, matters related to the settlement negotiations and strategy related to litigation
expenses.
Attorney Rosenthal further stated that Florida Statutes provide a limited exception from
the Sunshine Law for the City's attorneys to meet in private with the City Commission to discuss
pending litigation to which the City is a party. As required by Florida law, reasonable notice of
the closed session has been given which identifies the time and date of the closed attorney - client
session and the names of the persons who will be attending. The entire session will be recorded
by a certified court reporter and no portion of the session may be off the record. The court
reporter's notes will be fully transcribed and filed with the City Clerk. At the conclusion of the
litigation, the transcript of the meeting will become a public record. It is not permissible to leave
the meeting to consult with other persons regarding the subject matter of the meeting. Following
the conclusion of the closed session, it will be necessary to meet in public in order to adjourn the
meeting. The agenda has been structured so as to allow for public action by the City Commission
should such action be necessary following the closed session.
February 1, 2011
Special Session — Closed Session
C. ANNOUNCEMENT BY MAYOR VANDERGRIFT
Announcement of the Attorney - Client Session, persons in attendance, and estimated time of session.
Announcement that meeting will reopen at the conclusion of the Attorney- Client Session
Mayor Vandergrift stated that the City Attorney has requested a closed session with the
City Commission to discuss settlement negotiations and strategy related to litigation expenses in
the case described by the City Attorney. The persons who will be attending the closed session
are Mayor Vandergrift, Commissioner Hood, Commissioner Wilsen, Commissioner Johnson,
Commissioner Keller, City Manager Rob Frank, City Attorney Paul Rosenthal, Litigation
Attorney John Hamilton, and no others. It is estimated that the closed attorney - client session
will last forty-five minutes. Following the conclusion of the attorney - client session, the meeting
will be reopened in order to announce the termination of the closed session and take such other
action as the City Commission may deem appropriate. The City Commission will now move
into closed session.
D. MOVE TO CLOSED SESSION IN CONFERENCE ROOM
Attendees: Mayor Vandergrift, Commissioner Hood, Commissioner Johnson, Commissioner Keller, Commissioner
Wilsen, City Manager Frank, City Attorney Rosenthal, Special Counsel Solik, the Court Reporter, and no others.
The closed session took place between 8:05 p.m. — 8:51 p.m. in the City Manager's Conference
Room. Transcript attached.
E. RETURN TO COMMISSION CHAMBERS AND REOPEN SPECIAL MEETING.
Announce the time of the termination of the closed session.
Comments or proposed action from the City Commission
Mayor Vandergrift announced the reopening of the Special Meeting of the City Commission
and announced that the closed attorney - client session has been terminated. The time is 8:51 p.m.
He asked if there were any comments from the members of the City Commission or any
proposed actions.
City Attorney Rosenthal stated the Settlement Term Sheet based upon the mediation session;
essentially the Settlement Term Sheet has Cypress Colony giving the City information about the
underlying debt on the property. Assuming that underlying debt is in excess of $5,000,000
provides a course of action whereby cypress colony at their expense would take certain efforts to
clean up the title to the property. Staff recommendation is that the City Commission approves
the Settlement Term Sheet and Execute a Settlement Agreement.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Settlement Term Sheet and authorize execution thereof by the Mavor and City
Clerk and further authorize the Mavor and City Clerk to execute a Settlement
Agreement consistent with the Settlement Term Sheet. Motion carried 3 -2, with
Mayor Vandergrift and Commissioner Johnson opposed.
February 1, 2011
Special Session — Closed Session
F. ADJOURNMENT
The meeting was adjourned at 6:52 p.m.
APPROVED:
Attest: City of Ocoee
e„ /
Beth Eikenberry, City Cle S. Scott Vandergrift, Mayor
Attachments
Meeting Notice
Settlement Term Sheet
Transcript of closed session (to be attached once pending litigation is complete)
•