03-01-11 MINUTES
OCOEE CITY COMMISSION
MARCH 1, 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. Pastor Margaret Marquis gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Keller. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood (absent), Commissioner Wilsen, Mayor Vandergrift,
Commissioner Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentations given by CACOPD Board Members Laney and McKey to:
> Officer of the Fourth Quarter Award & Year Award 2010: Detective Mark Olson
Detective Mark Olson is being recognized for helping a juvenile who was homeless, accused of
numerous crimes, and was on the wrong path in life. He became this child's mentor, found him a
home, and was there for him when he needed someone. He personally directed this child back
on the right path. He is also being recognized for his relentless efforts in the year long
investigation into the disappearance of a missing adult female.
> Civilian Employee of the Year 2010: Wendi Cady
Wendi Cady is being recognized for her hard work as an Administrative Assistant II for the
Criminal Investigations Division, where she frequently went above and beyond the duties of her
job description and whose research sometimes led to the arrest of the perpetrators.
> Volunteer of the Year Award 2010: Elizabeth Orubeondo
Elizabeth Orubeondo is being recognized for your hard work as a volunteer with the City of
Ocoee Police Department where she helps process the department's extra duty payroll.
C. COMMENTS FROM CITIZENS/PUBLIC
1) Roger Gonzalez and David Cavanaugh stated they came to them tonight because when
Ocoee Youth Soccer ends there is no soccer in Ocoee until fall, so they came up with an idea to
have an Ocoee All Star Team compete in the East Orange League. The team is being called
Ocoee Rampage; they need assistance raising money for uniforms as they have only raised $325
of the $822 that is needed. Commissioner Wilsen confirmed they had not been in contact with
Parks and Recreation Director Hayes regarding any funds. Commissioner Wilsen explained
that unfortunately they just missed a grant cycle where organizations would normally go when
requesting funds. Mr. Gonzalez apologized that they just came up with the idea and they are
working on short notice. Further discussion ensued regarding the parks department policy
allowing use of our fields if 80% of the kids are from Ocoee. Commissioner Johnson stated he
would only be in favor of this as a loan, as long as they raised money and paid it back
Commissioner Johnson, seconded by Commissioner Keller, moved to approve a
$500.00 loan /grant to the Ocoee Rampage Soccer Team with the understanding
that it will be paid back to the City before their season ends. Motion carried 4 -0
with Commissioner Hood absent.
City Commission Regular
March 1, 2011
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced that before them are some additional handouts for Item #8 and
#10. He further announced that on Saturday, March 12 there is a Handgun Safety Class that
will be taught by Ocoee Police Officers from 8:OOam to 1:OOpm at City Hall. Topics include
terminology, safety, loading and unloading, shooting, basic laws, use of force, concealed
weapons permits, and proficiency. If interested please contact Officer Carlos Anglero at 407-
905 -3160 ext. 3024.
City Manager Frank also announced that City Planner Rumer and CIP Manger Butler met with
HANDS, a local non - profit group that helps low- income persons arrange financing for home
construction and purchase, as part of their initiative for resident property owners in the Pioneer
Key I and II area who may want to upgrade their housing to permanent structures. One resident
of Pioneer II has agreed to serve as a test case for the program, which provides down payment
assistance and helps arrange bank financing. Staff will report further during future meetings
once the program develops.
E. COMMISSIONERS ANNOUNCEMENTS - None
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #7 as presented by staff. Motion carried 4 -0
with Commissioner Hood absent.
1. Approval of Minutes for the Regular Commission Meeting Held February 15, 2011.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
2. Reappointment to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two -year terms. Two members have terms expiring
March 2011, and only one wishes to be reappointed. Keith Carrington has stated his interest in being
reappointed for another term ending March 2013; however, Kristine Bauske declined reappointment, hence
leaving one vacant position on the board. There are currently no applications on file of interested persons for
this board.
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
3. Approval of Pioneer Key Regional Stormwater Pond Close Out with FDEP. (Public
Works Director Krug)
The City has completed all phases of the Pioneer Key Regional Stormwater Pond funded by the Florida
Department of Environmental Protection (FDEP), Project No. S0192. The final phase was an environmental
evaluation of the effectiveness of the pond in reducing sediment and nutrients in the drainage basin. This phase
extended the project duration beyond the original contract time granted in the agreement. The City properly
requested in writing a time extension for this work; however, the FDEP experienced staff changes resulting in
the project time expiring before an extension could be issued. Since the work was completed and the City needs
to be reimbursed the remaining contract balance of $13,980.08, the FDEP has asked the City to execute the
attached Settlement Agreement in order to facilitate the close out and payment for this project. Public Works
recommends approval of the Settlement Agreement in order to close out the project.
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
Page 2 of 14
City Commission Regular
March 1, 2011
4. Approval of Request to Sole Source Purchase of Blackwood Avenue Street Lights.
(CRA Administrator Wagner)
During the past year, staff has been researching various streetlight designs for inclusion in the Blackwood
Avenue Streetscape Project. The goal has been to incorporate innovative contemporary design to complement
Health Central Hospital and to demonstrate advanced technological systems. After reviewing various lighting
fixtures, the LED products featured by LUMEC/PHILLIPS were chosen for their forward - thinking design and
efficient lighting patterns. Staff believes that this is the only contemporary LED fixture suitable for this project
which is produced by a major manufacturer.
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
5. Approval of a Permanent Drainage Easement for Property Required to Construct the
Pioneer Key I Rehabilitation Project. (UP Manager Butler)
The City of Ocoee is presently undertaking an extensive reconstruction project for public infrastructure in the
Pioneer Key I development. Part of this work includes the extension of a pipeline that will convey stormwater
from Pioneer Key I to the regional pond on the west side of Ocoee - Apopka Road. A permanent drainage
easement is required for this pipeline construction between Ocoee - Apopka Road and the regional pond across
privately owned property. Staff has secured an agreement from the property owner, Gary Crawford d.b.a. West
Orange Properties V, LLC, to secure the required 15- foot -wide by 218- foot -long drainage easement for
consideration of a future connection of the property to the pipeline. This connection will provide an outfall for
any future development of the parcel, thereby reducing the requirement for on -site stormwater retention.
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
6. Approval to Execute a Revised Agreement with the Florida Department of
Transportation in Connection with the Widening of SR 50 that Will Upgrade the
Traffic Signal Installation at Vizcaya Lakes Blvd. to Use Mast Ann Structures. (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 east of the entrance to the West Oaks Mall to Good Homes Road. We
expect this project to begin in mid -2012. FDOT has agreed to allow the City of Ocoee to pay the additional cost
of using mast arm traffic signals at the one included signal - controlled intersection, which is SR 50 at Vizcaya
Lakes Blvd. The difference in cost between the strain pole installation originally planned by FDOT and the
mast arm installation desired by the City is $12,430. FDOT has agreed to pay the additional costs of modifying
the plans. The City's only cost is the difference in price between strain poles and steel mast arms.
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
7. Approval of 4-Year Lease - Purchase . of a 2011 Crane Carrier Garbage Truck.
(Purchasing Agent Tolbert)
The budget for Fiscal Year 10/11 includes the four -year lease - purchase of one (1) Rear Load Garbage Truck for
the Public Works /Sanitation Department. The Florida Sheriffs Association and other governmental agency bids
were reviewed for the best pricing based on factors such as price and options available. The City of Ocoee
participates each year in the FSA co -op bid, and the bid encompasses dealerships in the Western, Northern,
Central, and Southern parts of the State of Florida.
Authorization is needed to piggyback the Florida Sheriff's contract for a 2011 Crane Carrier Garbage Truck.
The total cost requiring financing approval is $189,996.00 at an interest rate of 2.075% for four years through
SunTrust Bank.
Approved on Consent. Motion carried 4 -0 with Commissioner Hood absent.
Page 3 of 14
City Commission Regular
March 1, 2011
G. FIRST READING OF ORDINANCE — PUBLIC HEARING
8. Capital Improvement Element (CIE) Update Large Seale Comprehensive Plan
Amendment. (Second Reading will be held at the March 15, 2011, Regular Commission Meeting at 7:15
p.m. or soon thereafter. Advertised for Public Hearing in the Orlando Sentinel Orange Extra on Thursday,
February 17, 2011). (City Planner Rumer)
The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of Chapter
163, Florida Statutes (FS) and enables implementation of the Plan goals, objectives, and policies needing capital
funding for a 5 -20 year planning horizon. Each year, the table section of the CIE will be updated to ensure that
the adopted list of capital projects in the CIE matches the City's newly adopted fiscal year budget and approved
five -year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously
reviewed and approved by the Commission.
In 2005, the Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be
accomplished with a single public adoption hearing. The amendment is also exempt from inclusion in the twice -
yearly large scale amendment process.
City Attorney Rosenthal read the title of Ordinance.
City Planner Rumer explained that this item is to adopt an amendment to the 2010/2011
through 2014/2015 Capital Improvement Program which was adopted on September 29, 2010,
by this commission as part of the budget. The commission would be adopting an updated
element table as well as an up to date transportation traffic count table and the parks and
recreation table.
City Attorney Rosenthal advised the commission that because this is a comprehensive plan
amendment the statute allows for only one adoption public hearing. The normal comprehensive
plan amendment would require a transmittal public hearing; however, there is an exception in
this particular case.
The public hearing was opened. As no one wished to speak the public hearing was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Ordinance No. 2011 -002 adopting the Capital Improvement Element (CIE) Update
— Large Scale Comprehensive Plan Amendment. Motion carried 3 -0 with
Commissioner Johnson away from the dais and Commissioner Hood absent.
The ordinance as adopted carries the following title:
ORDINANCE NO. 2011-002
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, IN ORDER TO COMPLY
WITH SECTION 163.3177, FLORIDA STATUTES; AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Page 4 of 14
City Commission Regular
March 1, 2011
H. SECOND READING OF ORDINANCE - PUBLIC HEARINGS
9. Second Reading of Ordinance. Amending the FY2011 Budget. (Advertised in the Orlando
Sentinel on Thursday, February 17, 2011). (Finence Director How)
The City Commission adopted an annual operating budget for the city on September 29, 2010. The total
General Fund budget adopted at that time was $32,854,705. Subsequent to the adoption of the budget staff has
identified an additional $344,438 in funding to be amended into the budget.
The proposed amendment is comprised of the following three adjustments:
1) The Police Department has been awarded a COPS Hiring Program Grant to fund the salaries and benefits for
three (3) sworn police officers for three (3) years. The City Commission voted to accept the grant at the
December 7, 2010 commission meeting. Total cost to the general fund for the positions through the end of the
fiscal year is $121,938. Uniforms, equipment and vehicles will be paid from forfeiture funds ($91,125).
2) The Fire Department surplused two pumpers and an aerial vehicle. Proceeds from the sale of the vehicles
produced $197,500 which will be utilized to purchase a fully equipped, transport capable rescue truck and a
back -up unit.
3) The General Employee's Retirement Trust Fund Board of Trustees requests a part-time position, Pension
Plan Technician, be added to the general fund budget for fiscal year 2011. This position will be funded
annually by the Retirement Trust Fund with an initial annual rate of $25,000.
City Attorney Rosenthal read the title of the Ordinance:
Finance Director Horton briefly explained the three proposed amendments as stated above and
further stated that staff is recommending approval of the budget amendment for a total of
$344,438.00. Mayor Vandergrift inquired as to when they would be receiving the first
quarterly financial report. Finance Director Horton stated it would be provided to them before
the end of the week.
The public hearing was opened. As no one wished to speak the public hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved for approval of
Ordinance No. 2011 -001, amending the FY2011 Budget. Motion carried 3 -0
Commissioner Johnson away from the dais and Commissioner Hood absent.
The ordinance as adopted carries the following title:
ORDINANCE NO. 2011 -001
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING
TO THE CITY BUDGET; AMENDING THE CITY BUDGET ADOPTED BY ORDINANCE
2010 -021 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING
SEPTEMBER 30, 2011 BY PROVIDING FOR INCREASE OF APPROPRIATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Page 5 of 14
City Commission Regular
March 1, 2011
I. PUBLIC HEARINGS
10. Villages of Wesmere. (Advertised in the Orlando Sentinel on Thursday, February 17, 2011). (Principal
Planner Fabre)
The subject property is approximately 49.48 acres in size and is located on the southeast corner of the
intersection of Maguire Road and Tomyn Boulevard. It is currently known as the Villages of Wesmere
townhome community which was approved for 369 townhome units by the City Commission in 2006. On
November 16, 2010, the City Commission reviewed and approved a Land Use Plan and PUD (Planned Unit
Development) rezoning for the northern portion (40.60 acres) of the development. This PUD allows for a
total of 178 single- family detached homes to be built instead of the previously approved townhome units.
The rest of the development is zoned R -3 (Multi - Family Dwelling) which allows for townhomes as a
permitted use. The Amended Preliminary/Final Subdivision Plan proposes 178 single - family residential lots
and 125 townhome units.
a. Amended Preliminary/Final Subdivision Plan
City Planner Rumer gave a brief overview of the amendment to the preliminary /final
subdivision plan for the Villages of Wesmere.
The public hearing was opened.
R.P. Monacky, 1820 Prairie Lake Blvd., stated that he noticed they have reduced the lot
sizes for the single - family lots and he can not find where it shows when that change was
made. He further asked for clarification on that issue. City Planner Rumer explained that
the amendment to the PUD for the 369 townhomes being rezoned to allow the single - family,
as well as the reduction of the density, was heard and voted on in November of 2010. The
commission changed the plan during that time; before them tonight is just the site plan.
City Attorney Rosenthal advised that there is a memorandum before them regarding an
additional condition of approval dealing with the sewer and water ERUs because the reduction
of the units on this plan will result in excess ERUs the memo basically outlines the procedures
the reduction provides for the ability of the developer to sell to a third party any of their excess
ERUs.
The public hearing was closed.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
the Villages of Wesmere — Amended Preliminary /Final Subdivision Plan as well
as the City Attorney's additional condition of approval as contained in the
memorandum dated March 1. 2011. Motion carried 4 -0 with Commissioner
Hood absent.
b. Bill of Sale - Wastewater System
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
the Bill of Sale — Wastewater System and authorized the execution thereof by
the Mayor and City Clerk. Motion carried 4 -0 with Commissioner Hood absent.
Page 6 of 14
City Commission Regular
March 1, 2011
11. Orlando Avenue. (Advertised in the West Orange Times on Thursday, February 17, 2011). (City
Planner Rumer)
a. Abandonment of Drainage, Sidewalk, and Utility Easement
The ten (10) foot drainage, sidewalk, and utility easement are located on Lots 3 & 4, Slone Landing, recorded in
Plat Book 69, Pages 49 & 50. The applicants request the vacation and abandonment of the easement to
accompany an application for a vacation of the Orlando Avenue right -of -way adjacent to their lots. One of the
applicants, Lloyd Hollingsworth, has proposed to construct a detached accessory structure in the area of the
existing drainage, sidewalk and utility Easement.
City Attorney Rosenthal read the title of Resolution.
The public hearing was opened.
Discussion ensued regarding the abandonment of Orlando Avenue and if the city would be using
the road as a pass through road for the Fire Department to get to Kissimmee Avenue. City
Attorney Rosenthal advised that the resolution before them is just for the drainage easement
and not the road abandonment. Mayor Vandergrift stated that he felt this easement could have
been handled with a variance and does not feel they needed to abandon the road. City Planner
Rumer provided some clarification advising that the Slone Landing Subdivision is four (4) lots
of which the first two have designated access off the access road running to the Fire Station. He
stated lots three and four have access onto Washington Street. The petition tonight is from the
owners of lot three, four and seven. They have a petition to vacate the northern 30 -feet of the
right -of -way adjacent to them and a second petition is for two of the lot owners to vacate the
drainage easement. He further added that the right -of way is shown in the comprehensive plan
as a future through road. They have also adopted under the Wekiva Amendments to include a
stormwater retention project to elevate the flooding on Orlando Ave. in this area. City Planner
Rumer stated this request is only for vacating a portion of that right -of -way.
Mayor Vandergrift stated he feels in cases like this abandonment they should be compensated
for what the property would be worth. City Attorney Rosenthal stated in years past he has
addressed the issue that the City Commission can not condition a vacation upon a monetary
payment associated with the value of the property. The City does not get into who gets the
property as a matter of law. When road right -of -way is vacated, that is a determination by the
City that it is no longer needed for a public purpose. He stated in this particular case only half of
the right -of -way is being vacated so it would only go to one side which is why they have a right -
of -way agreement so the property owner does not claim the other half of the half of the road if
that is vacated in the future.
As no one wished to speak the public hearing was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
Resolution No. 2011 -003 Vacating the Drainage, Sidewalk, and Utility Easement.
Motion carried 3 -1 with Mayor Vandergrift opposing and Commissioner Hood
absent.
Page 7of14
City Commission Regular
March 1, 2011
The resolution as adopted carries the following title:
RESOLUTION NO. 2011
(Vacating of Rear 10' Drainage, Sidewalk & Utility Easement for Lots 3 &4, Slone Landing)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND
VACATING AN EXISTING TEN (10) FOOT DRAINAGE, SIDEWALK & UTILITY
EASEMENT ON THE REAR LOT LINE OF LOTS 3 & 4, SLONE LANDING,
RECORDED IN PLAT BOOK 69, PAGES 49 AND 50 OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA, CITY OF OCOEE, PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
b. Partial Vacation.
The specific area of the right -of -way runs in an East -West direction between Bluford Avenue and Kissimmee
Avenue. The request is to vacate and abandon the northern 30 feet of the 60 -foot right -of -way lying adjacent to
Lots 3 & 4, Slone Landing and Lot 7, Map of Ocoee.
1. Resolution of Lots 3 &4, Slone Landing
City Attorney Rosenthal read the title of Resolution.
The public hearing was opened. As no one wished to speak the public hearing was closed.
City Attorney Rosenthal advised that staff recommendation is subject to the execution of
the Right -of -Way Agreement.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to
approve Resolution No. 2011 -004, Partial Vacation of Lots 3 &4, Slone Landing,
subiect to the Right -of -Wav Agreement. Motion carried 3 -1 with Mayor
Vandergrift opposing and Commissioner Hood absent.
The resolution as adopted carries the following title:
RESOLUTION NO. 2011-004
(Partial Vacation of Right of Way Resolution for Orlando Avenue for Map of Ocoee)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND
VACATING THAT NORTHERN 30 FOOT PORTION OF THE 60 FOOT ORLANDO
STREET EAST -WEST RIGHT -OF -WAY, MAP OF OCOEE, AS RECORDED IN PLAT
BOOK A, PAGE 100 & 101, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA, LYING SOUTH OF LOT 3 & 4, OF SLONE LANDING, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGES 49 & 50, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
2. Resolution for Lot 7, Map of Ocoee
City Attorney Rosenthal read the title of Resolution:
The public hearing was opened. As no one wished to speak the public hearing was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to
approve Resolution No. 2011 -005, Partial Vacation of Lot 7, Map of Ocoee,
subiect to the Right -of -Wav Agreement. Motion carried 3 -1 with Mayor
Vandergrift opposing and Commissioner Hood absent.
Page 8 of 14
City Commission Regular
March 1, 2011
The resolution as adopted carries the following title:
RESOLUTION NO. 2011-005
(Partial Vacation of Right of Way Resolution for Orlando Avenue for Map of Ocoee )
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING
THAT NORTHERN 30 FOOT PORTION OF THE 60 FOOT ORLANDO STREET EAST -
WEST RIGHT -OF -WAY, ADJACENT TO LOT 7, MAP OF OCOEE, AS RECORDED IN
PLAT BOOK A, PAGE 100 -101, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE
SOUTHWEST CORNER OF SLONE LANDING, AS RECORDED IN PLAT BOOK 69,
PAGES 49 -50, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE SOUTH
00 °43'47" EAST, A DISTANCE OF 30.00 FEET ALONG THE SOUTHERLY EXTENSION OF
THE WEST LINE OF SAID SLONE LANDINGS TO A POINT ON A LINE LYING 30.00
FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH RIGHT OF WAY LINE OF
ORLANDO STREET, MAP OF OCOEE AS RECORDED IN PLAT BOOK "A ", PAGES 100-
101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE SOUTH 89 °46'51"
WEST, A DISTANCE OF 100.84 FEET ALONG SAID PARALLEL LINE TO THE
SOUTHERLY EXTENSION OF THE WEST LINE OF THE LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 8210, PAGE 1793, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE NORTH 11 °19'58" WEST, A DISTANCE OF 30.57 FEET
ALONG SAID LINE TO THE AFORESAID NORTH RIGHT OF WAY; THENCE NORTH
89 °46'51" EAST, A DISTANCE OF 106.46 FEET ALONG SAID NORTH LINE TO THE
POINT OF BEGINNING, PROVIDING FOR RECORDATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
3. Right -of -Way Vacation Agreement
Commissioner Wilsen, seconded by Commissioner Johnson, moved to
approve execution of the Right -of -Way Vacation Agreement by Mayor and City
Clerk. Motion carried 3 -1 with Mayor Vandergrift opposing and Commissioner
Hood absent.
J. REGULAR AGENDA
Item #13 and Item #14 were moved up and heard before Item #12.
12. Approval of Fire Department P ,., et Two Used Transport Capable Rescue Trucks
from Island Classic Autdmotive,Inc. ` ? : i Chief McNeil)
The Fire department recently generated $197,500 from the sale of two surplus 1994 KME pumpers and one
surplus 1996 Pierce Dash aerial truck. The initial intent of the funds was to purchase and equip one (1) new
transport capable rescue truck. A rescue truck committee composed of Fire Department and Public Works Fleet
Maintenance Division personnel was formed to research and develop the specifications and equipment list for
the transport capable unit. After their evaluation of the current Fire Department needs and the most effective
use of the available funds, the committee determined that the purchase of two (2) used transport capable rescue
trucks rather than one (1) new truck would be best. This would allow for a primary in- service unit and a back-
up reserve unit to be both available and fully equipped at all times. Further, the purchase of the two (2) used
trucks with all new equipment is approximately the same cost as one (1) new truck without equipment.
The rescue truck committee is recommending the purchase of the two (2) used transport capable rescue trucks
from Island Classic Automotive, Inc. for a total of $50,450.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
purchase of two Used Transport Capable Rescue Trucks from Island Classic
Automotive, Inc. Motion carried 4 -0 with Commissioner Hood absent.
Page 9 of 14
City Commission Regular
March 1, 2011
13. Approval of Community Grant Program for January 2011 Grant Cycle. (Community
Relations Manager Wright)
The Community Grant Review Board (CGRB) met on February 9, 2011, to discuss the eight (8) applications
received for the Community Grant Program (formerly the Community Merit Awards Program). The
Community Grant Program provides financial grants of up to $500 for Ocoee non -profit organizations and civic
groups outside City limits which benefit residents of Ocoee. The grants are awarded twice yearly to
acknowledge excellence and further the contributions these local organizations bring to the Ocoee community.
There is $5,000 allotted for this cycle of the Community Grant Program. The Community Grant Review Board
voted to fund five (5) organizations in the amount of $2,500.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Community Grant Program for January 2011 Grant Cycle. Motion carried 4 -0
with Commissioner Hood absent.
Commissioner Wilsen advised that those organizations that did not make this grant cycle still
have an opportunity to apply for the next grant cycle that will start on July 4 Organizations can
only apply one time in the year. She further thanked the board for all the work they do.
14. Approval of Fundraising Event Sponsored by the Rotary Club of Ocoee.
a. Special Event Permit for Rotary Club of Ocoee to use the Community Center.
(Parks & Recreation Director Hayes)
The City of Ocoee has received a special event application from the Rotary Club of Ocoee requesting the use of
the Community Center for a fundraising event taking place on March 11, 2011, and to have the rental fees
associated with the use of the center be waived. Proceeds from the event will go towards providing assistance to
the community.
Parks and Recreation Director Hayes stated that the Rotary Club has requested the use of the
Community Center for a fundraiser event scheduled on March 11 He further stated they
conducted a similar fundraiser last year at the same facility so they are requesting the fee to use
the Community Center to be waived. The fees associated to use the building will be a facility
use fee of $420 and security deposit of $250. Commissioner Wilsen stated she would like to
see them put the deposit down because when they recently approved the Firefighters Fundraiser
Event they required that of them. She further stated the fee would be returned to them assuming
the facility is cleaned. Commissioner Wilsen stated she also recalls that when they waived the
firefighter's fees they asked that they pay the actual cost for staffing of the facility. Parks and
Recreation Director Hayes stated they did not have a staffing fee because that is typically billed
into the facility use fee.
Commissioner Wilsen, seconded by Commissioner Johnson, moved on the
approval of the fundraising event sponsored by the Rotary Club of Ocoee subject
to them paying actual staff cost as well as a deposit being collected. Motion
carried 4 -0 with Commissioner Hood absent.
Page 10 of 14
City Commission Regular
March 1, 2011
b. Resolution Approving the Serving Alcoholic Beverages at a City -Owned Facility
(Community Center) During a Texas Hold'em Fundraising Event Being Held by the
Rotary Club of Ocoee. (City Clerk Eikenberry)
The Rotary Club of Ocoee is using a City-owned building to hold a fundraiser event; Texas Hold'em. They are
requesting permission to serve alcoholic beverages at this event. Past policy excluded the use of alcohol in a
city-owned facility without specific approval of the City Commission.
City Attorney Rosenthal read the title of the Resolution.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
Resolution No. 2011 -002 Authorizing the Serving of Alcoholic Beverages at a City -
Owned Facility for an Upcoming Event Sponsored by the Rotary Club of Ocoee.
Motion carried 4 -0 with Commissioner Hood absent.
The resolution as adopted carries the following title:
RESOLUTION NO. 2011-002
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AUTHORIZING THE
SERVING OF ALCOHOLIC BEVERAGES AT A CITY -OWNED FACILITY DURING
AN UPCOMING EVENT SPONSORED BY THE ROTARY CLUB OF OCOEE; AND
PROVIDING FOR AN EFFECTIVE DATE.
15. Discussion and Direction Regarding City Composting. (Public Works Director Krug)
Public Works Director Krug stated he was asked by the commission to update them on what
was being was done as far as composting in the City. He advised that he has purchased 25
"Earth Machines" by Norseman. The original plan was to distribute the bins to residents willing
to compost and determine the cost savings a composting program could generate. Public Works
Director Krug briefly advised that they could divert up to 500 pounds annually of kitchen
scraps and yard waste if this device is used to its maximum. That would be a savings of about
$9.30 per year in landfill fees; it will take at least 6 years to recoup the initial cost of the compost
bins. The City encourages composting as a way to reduce the amount of garbage, however the
Sanitation Enterprise Fund cannot support the cost to provide the bins.
Public Works Director Krug briefly spoke about some additional composting options that
residents could do at home. He further stated he is inquiring at this point as to what they should
do with the 25 bins purchased. Options at this point would be to: 1) issue the bins to residents
that are willing to compost without any further follow -up, 2) issue the bins to residents, then
survey the participants after 3 months use on the utility of the composting bins, or 3) sell the bins
to the residents for $55 each, then survey the participants after 3 months use on the utility of the
composting bins.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to
implement option # 3 - to sell the bins to the residents for $55 each, and then
survey the participants after 3 months use on the utility of the composting bins.
Motion carried 4 -0 with Commissioner Hood absent.
Page 11 of 14
City Commission Regular
March 1, 2011
16. C &D Franchise Update, (Public Works Director Krug)
Public Works Director Krug stated that in 2005 and 2009 the city explored franchising of the
Residential C &D Debris and decided not to do it for various reasons. He further explained the
process of implementing a franchise. 1) provide a 45 day notice to all area C &D vendors that the
Commission will hold a Public Hearing to discuss the franchising of C &D Service 2) The City
has one (1) year from the notification letter date to implement a C &D Franchise, and 3)
Following franchise implementation, the City will give a three (3) year notice to existing
providers of the pending service change.
Commissioner Johnson inquired if they have any idea as to how many containers there are.
Mr. Krug responded the volume is low right now but when construction picks up they expect to
get some revenue from franchising. Commissioner Wilsen inquired as to what the cost would
be for Public Works Department to manage this and if we had to proceed now? City Attorney
Rosenthal stated they can not decide tonight whether to do this or not do it; that requires a public
hearing. The decision before them tonight is if they should direct staff to move forward and send
the notices which will ultimately result in a Public Hearing. Mr. Krug advised that staff costs
would depend on what the commission decided and if they went with one franchise or multiple.
Commissioner Wilsen, seconded by Commissioner Keller, moved to direct staff
to proceed with the required process by sending out 45-day notices to all area
C &D vendors stating that the Commission will hold a Public Hearing to discuss
the franchising of C &D Service within the next year. Motion carried 4 -0 with
Commissioner Hood absent.
K. STAFF ACTION ITEMS
none
L. COMMENTS FROM COMMISSIONERS
Commissioner Wilsen — 1) announced Spring Fling is March 26 Application can be
downloaded from the City website to be a presenter 2) announced the annual Woman's Club
Luncheon is this Saturday, March 5, 2011.
Commissioner Johnson — 1) stated he was approached about why there is no reuse at
Windermere Groves when it is available across the street. City Engineer Wheeler stated that
subdivision has not been retrofitting with the reuse piping; Utilities Director Smith is looking at
other neighborhoods that need to be retrofitted. Commissioner Keller mentioned that Sawmill
needs to be looked at as well because there is reuse water all around them. Commissioner
Wilsen said it is the same situation with the Hammocks.
Commissioner Keller — 1) spoke on behalf of Sawmill resident, Angela Lalumondier, regarding
a vehicle that crashed and flipped in her front yard. They have been trying to get speed humps in
Sawmill for over twenty years and there were various reasons why it could not happen. There
were some stop signs added in an attempt to control the traffic, but it did not resolve the problem.
They are now being told that it is a collector road and it is not eligible for speed humps. Public
Works Director Krug stated that a policy and resolution were created and approved by the
Page 12of14
City Commission Regular
March 1, 2011
commission in 1998; it was never enacted by ordinance or made part of the Land Development
Code. Mayor Vandergrift inquired as to what could be done to change the policy. The Mayor
also read an e -mail he received from Joseph Shirer with regard to two accidents that have
resulted in a car in his yard as well as the danger to residents and children from the speeding
traffic on this road. City Manager Frank said that if it is the consensus of the commission they
will start researching speed humps for this street and funding sources prior to a new policy being
adopted so they are ready to go once the policy change is made. Public Works Director Krug
stated they are currently getting quotes from contractors with regard to two on Montgomery
(north of Orlando) and some on Russell Drive; those will use up the money currently in the
budget for speed humps. Mayor Vandergrift said he would like staff to come back with a cost
factor and a new policy. City Manager Frank stated it may be best to leave the policy in place
because it has been working for the most part, but allow the Commission to grant exceptions on
an individual basis for acute problems such as this one at Sawmill.
Public Works Director Krug stated they are going to complete the budgeted resurfacing on
Sawmill Blvd. in the next couple of months so they would like to wait until after the resurfacing
to install the speed humps. There was further discussion about previous accidents and previous
attempts to get traffic calming in Sawmill. Mayor Vandergrift asked about the temporary
speed bumps that can be installed and he would like information on the cost of doing that. Mr.
Krug stated the temporary speed humps would probably be upwards to $8000 per unit. City
Manager Frank said the resurfacing should be finished in the next few months and the speed
bumps could be installed if that is the wish of the commission. He felt that was a suitable time
frame in which to resolve this issue.
Mayor Vandergrift — 1) stated he has a question about the Second Light Foundation Event from
March 11 -13 They are having an event on Saturday from 6pm -3am, and he is concerned about
the 3 a.m. for alcohol and live music. The application stated the location of 501 Silver Star
Road and there was discussion if that was in a vacant lot, parking lot, etc. Deputy Fire Chief
Stanley stated the Fire Department signed the permit and placed comments that they would have
to approve the vendors. Further discussion ensued regarding the special event permit and getting
clarification regarding the location of the event. Assistant City Manager Shadrix said he will
have staff take a collective look at the permit and address the concerns brought forward tonight;
they will make amendments if necessary. Commissioner Keller stated it looks like the permit
was denied with the serving of alcohol and a letter was then submitted by the applicant agreeing
not to sell it. There was a note that from the PD that alcohol could not be served after 2:00 p.m.
Mayor Vandergrift inquired as to insurance; he felt even if it is private property we still need to
verify that insurance exists to protect the residents who go to the event. Commissioner Wilsen
stated if this is a good time to ask staff to take another look at the permit process. City Manager
Frank said he thinks they can improve this process by having the City Manager's Office sign off
on the permits to have a more global look at it rather than just looking at it from specific areas of
concern as they are doing now (building, police, and fire).
Mayor Vandergrift (cont.) 2) read an email from City Clerk Eikenberry seeking applications
for the Community Grant Review Board; the next meeting is in July. 3) stated that prior to the
Commission Meeting he attempted to show a skydiving video where he and 15 other Mayors
from around the state participated in signing a covenant supporting the armed forces and doing a
sky dive. He stated the video was stopped and he would like to show it at this time, unless there
Page 13 of 14
City Commission Regular
March 1, 2011
is a motion opposed. No one opposed. Commissioner Johnson stated his objections prior to the
meeting were that the video was too loud and then he felt this was a private video and not
something done on behalf of the city. Mayor Vandergrift read a brief summary he about his
experience on the 13,000 foot jump and then asked staff to play the four minute video.
Commissioner Keller, while waiting for the video to be set up, stated he forgot to thank the
Little League; it was a great parade and the Parks and Recreation staff did a great job on the
fields.
The meeting ended with a video of the Mayor's jump from an airplane with members of the
Golden Knights.
ADJOURNMENT
The meeting was adjourned at 9:36 p.m.
APPROVED:
Attest: City of Ocoee
�►'1��
Beth Eikenberry, City C1erkil S Sco Vandergrift, May
Page 14 of 14