04-05-11 MINUTES
OCOEE CITY COMMISSION
APRIL 5, 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 Wilsen. 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
Tom Hendrix representing the H.M. Bowness Trust Fund presented a check in the amount of
$16,000 to the Ocoee Fire Department to Purchase an EMS Cart. Deputy Fire Chief Stanley
briefly explained the benefits the Fire Department will have in owning the EMS cart and how it
can be utilized at some of the events held in Ocoee.
Mayor Vandergrift read and presented to Water Conservation Coordinator Diana Wagner a
Proclamation for April 2011 being designated as Water Conservation Month. Commissioner
Johnson added that Ms. Wagner is also runs the program for the rain barrels that are issued at
the Farmer's Market on Friday evenings. He further explained that the rain barrel seen in the
commission chambers tonight was painted by Commissioner Wilsen. He suggested we place this
on TV and where people can see it at City Hall and allow them to bid on it over the next month;
the money could go toward fundraising for the 2012 Spring Fling Event.
C. COMMENTS FROM CITIZENS/PUBLIC
None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank
1) announced the City is going to sponsor the Citizen Police Academy graduation ceremony on
April 15, 2011, at 7:00 pm. The event will take place at the Ocoee Women's Club, located at 4
North Lakewood Avenue Ocoee, Fl. 34761. Any questions regarding the Citizen Police
Academy Graduation contact Sergeant Scott Nylander at 407 - 905 -3160 ext. 3315.
2) announced there will be a Handgun Safety Class on Saturday, April 9, 2011, from 8:OOam
until 1:OOpm. This is a free handgun safety class taught by Ocoee Police Officers. Topics
include terminology, safety, loading and unloading, shooting basics, laws, use of force,
concealed weapon permits, proficiency. The class is held at the Ocoee Police Department. If
interested please contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024.
3) announced the Police Department will also be hosting a S.A.F.E Class on Thursday, April 21,
2011. This is a free, one time, three hour presentation on self - defense and safety awareness for
women. The class is taught by Ocoee Police Officers using the National Self Defense Institutes'
S.A.F.E. curriculum. Topics covered include: self - defense, crime prevention and domestic
City Commission Regular
April 5, 2011
violence. The class is held at the Ocoee Police Department. You must be at least thirteen years of
age to attend. If interested contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024.
4) announced the next "Movie in the Park" will be held on Saturday, April 23rd at Bill Breeze
Park. The movie is "Tangled ". The film will start at 8:15 p.m., and the lawn area opens at 7:45
p.m. Admission is free, so bring your lawn chair or blanket and enjoy a little Saturday night
cinema in the park. People are encouraged to bring non - perishable food items to be donated to
the Ocoee Christian Service Center.
5) announced the Parks and Recreation Department will be sponsoring its Annual Easter
Eggstravaganza on Saturday, April 23rd at the Jim Beech Recreation Center from 10:00 a.m. to
noon. There will be Easter Egg Hunts for children from infants to 12 years of age, along with
prizes, games, coloring contest, clowns and pictures with the Easter Bunny. For more
information contact the Parks and Recreation Department at 407 - 905 -3180.
6) announced Standard and Poor's completed a review of the city's Issuer Credit Rating (ICR)
on March 16 The ICR is an overall assessment of an organization's ability to repay debt. We
received notification this morning that the rating has been upgraded from A+ to AA (one
notch). This upgrade is based upon the city's history of maintaining sound financial operations
which contribute to very strong general fund balance levels.
Mayor Vandergrift inquired if the Handgun Safety Class is being hosted at City Hall or if it
was moved to the Police Station. Police Chief Brown stated the classes have been moved to the
Police Station since it helps residents know where the Police Station is located; they have all the
supplies they need for the presentation on hand at their location. He further stated they are able
to have 30 -35 participants for the class which is the same amount of participants that they were
able to accommodate at City Hall.
City Manager Frank (cont.)
7) received a call from Representative Nelson's office regarding approval on using the
Commission Chambers for a Town Hall Meeting on June 8 from 5pm- 8pm. Mayor
Vandergrift stated. without objection. he will agree to allow the use of the
Commission Chambers for a Town Hall Meeting on June 8th. Should they want to
have it televised he would like to see if they would pay the costs for that or split the costs with
the City.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood had no comments.
Commissioner Keller — 1) thanked staff for taking down the Colony Plaza sign down. 2)
announced that on April 301. from l0am -2pm the Ocoee Police Department is participating in the
National Prescription Take Back Day. Any prescription, pharmaceutical controlled substances,
or medications can be given to a law enforcement officer for destruction with no questions asked.
Commissioner Johnson — 1) announced that during the storm last week he contacted Deputy
Chief Stanley to inquire if they could get tarps to help a neighbor who had a tree go through her
roof. He further stated Deputy Chief Stanley along with Unit 25 and Unit 39 not only helped
tarp the roof but also helped move her furniture out of the rooms that were damaged by the roof
leaks. The neighbors as well as the City are very thankful for the help provided. 2) gave a brief
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April 5, 2011
overview of Founder's Day Event including the entertainment selected. He added they are
cutting back next year due to tough times. Commissioner Johnson further announced some of
the suggestions that were added for the upcoming event such as, a seaplane available to offer a
ride around the lake for a fee, making Founder's Day a Veteran's Celebration weekend, and
having local non - profit organizations receive some of the profits from the beer sales. This year's
Non - profit organizations selected were the Homes for Hero's and Saving Young Hearts. City
Engineer Wheeler provided the information for the Founder's Day Golf Tournament and
Commissioner Johnson also announced that the Parks and Recreation Department met with
Chick -Fil -A who will be sponsoring the 5K Run. The Poker Run will also be on Saturday
morning which is the same day as the Founder's Day event. 3) announced the Lion's Club Golf
foursome is scheduled for May 7 and the cost is $70 /per person of $250 /per foursome. Hole
sponsors are also available for $150. The City previously budgeted for the purchase of
one foursome at $250 and one hole sponsor at $150, for a total of $400. 4) thanked
Firefighter James Kelley for the shirts given to them.
Commissioner Wilsen — 1) stated the Firefighter's St. Patrick's Day Event was a wonderful
event and she hopes they were able to raise funds, as intended. 2) thanked all the departments
and staff who helped with the Spring Fling. She stated it was a great event and they went
through over 1,000 hotdogs which helps them figure out a benchmark on how many attended.
Mayor Vandergrift brief explained the reasons the Spring Fling was created so that residents
could understand how far this event has come. Commissioner Wilsen stated that the same
group has put this event together for the last 6 years and it is a lot of work and she really
appreciates their time.
Mayor Vandergrift — 1) reminded everyone the Farmer's Market is this Friday from 3pm -7pm
located in downtown Ocoee. 2) announced Chick -fil -a is hosting a Mayor and Commissioner
meet and greet tomorrow at Chick -fil -a from 5pm -6pm.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
Consent Agenda Items #1 through #6. Motion carried 5 -0
1. Approval of Minutes for the Regular Commission Meeting Held March 15, 2011. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks and Recreation Advisory Board serve two -year terms. Currently the board has seven (7)
members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of
nine (9) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff
recommends the City Commission consider appointing Brett Epps to the Parks and Recreation Advisory Board
with a term ending October 2013.
Approved on Consent. Motion carried 5 -0.
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April 5, 2011
3. Approval to Move a Member to the Alternate Member Position and 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.
At the request of Member Sais, Chairman Godek recommends that Member Sais be made an alternate member.
Chairman Godek is also recommending moving up Alternate Member Amey to the regular member position (as
the replacement for Member Sais).
Approved on Consent. Motion carried 5 -0.
4. Approval of Peach Lake Manor Drainage Improvements — Singhofen & Associates, Inc.
Change Order No 1. (Public Works Director Krug)
The Peach Lake Manor Drainage Improvements project is a storm water retro -fit project designed to reduce the
amount of debris entering water bodies through a treatment process. This project area has very few proactive
stormwater controls for run -off, and has required close cooperation with the St. Johns River Water Management
District (SJRWMD) to design an effective system. This cooperative effort with SJRWMD has required several
design iterations and pond configurations to produce an effective system that can also be permitted. This effort
expanded the design scope beyond the original scope of services requiring additional work on SAI's behalf to
produce a constructible set of plans that meet permit requirements. This additional work will be a cost estimate
in the amount of $30,710.00. Public Works recommends approval.
Approved on Consent. Motion carried 5 -0.
5. Award of Bid for the City Hall Campus Improvements. Project and Budget
Authorization to Atlantic Civil Construction Corporation. (CIP Manager Butler)
Proposals were solicited from six prequalified firms for the required work categories (concrete, asphalt, and
underground utilities) with the expectation that the price proposals would be less than $200,000. Six firms were
prequalified in the three required work types. The lowest proposal of $311,220.75 for all the work was received
from Atlantic Civil Construction Corp. Staff recommends that the City Commission award the project to
Atlantic Civil Construction Corp. in the amount of $311,220.75 plus the cost of a state - required payment and
performance bond for the amount of the work (approximately $9,336.62).
Approved on Consent. Motion carried 5 -0.
6. Approval of Declaration of Surplus Property. (Purchasing Agent Tolbert)
Staff requests the City Commission to declare the listed items as surplus property to be disposed of in the
methods proposed by Staff: Public Auction, trade -in, and donation to other non - profit & government
organizations.
Approved on Consent. Motion carried 5 -0.
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April 5, 2011
G. FIRST READING OF ORDINANCES
7. 529 Ocoee Apopka Road. (Second Reading and Public Hearing is scheduled for April 19, 2011, Regular
Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre)
On March 17, 2009, the City of Ocoee City Commission reviewed and approved the Annexation for the subject
property with an Initial Zoning designation of "C -1" for the northern parcel. The northern parcel already was
designated with a Future Land Use of "Commercial" but the southern parcel needed a small -scale
Comprehensive Plan Amendment in order to have an initial commercial zoning designation. At the time of
approval, the City was prohibited from adopting comprehensive plan amendments because it had not yet
submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of Community
Affairs ( "DCA "). On December 13, 2010, the DCA determined that the adopted EAR was sufficient, pursuant
to Section 163.3191(2), Florida Statutes. Therefore, the City of Ocoee can now adopt small -scale
comprehensive plan amendments.
a. Small Scale Comprehensive Plan Amendment
b. Rezoning Ordinance
City Attorney Rosenthal read the title of Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on April 19, 2011, at 7:15 p.m. or soon thereafter.
8. West Property - Rezoning Ordinance. (Second Reading and Public Hearing is scheduled for April
19, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
A small -scale Comprehensive Plan Amendment from Low Density Residential (LDR) to Light Industrial was
approved by the City Commission on October 5, 2010, and forwarded to the State Department of Community
Affairs (DCA). DCA provided a letter on November 2, 2010, accepting the amendment without review. The
proposed rezoning designation of I -1 is consistent with the Light Industrial land use designation.
A pre - annexation agreement is in effect for the subject property which provides a list of prohibited uses and sets
requirements for architectural details.
City Attorney Rosenthal read the title of Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on April 19, 2011, at 7:15 p.m. or soon thereafter.
H. SECOND READING OF ORDINANCE - PUBLIC HEARING
9. Second Reading of Ordinance Imposing a Temporary Moratorium on the Opening of
any New Pain Management Clinic (PMC) and on the Relocation or Expansion of
Existing PMC; and Establishing other Regulations on PMC as are necessary for the
Public Health, Safety, and Welfare. (Advertised in the Orlando Sentinel on Thursday, March 24,
2011) (Deputy Police Chief Goclon)
Several counties and municipalities in Florida have established moratoria on new Pain Management Clinics
(PMC) to help curb the immediate deleterious consequences of these clinics including illegal drug trafficking,
the illegal purchase and sale of prescription pain medication, loitering and other criminal behavior in and
around such clinics, the diversion of prescription drugs for unlawful and dangerous uses, and an alarming
increase in deaths related to and caused by prescription drug abuse.
The proposed Ordinance would impose a moratorium on the opening of new pain management clinics and on
the expansion or relocation of existing pain management clinics. The moratorium would be effective
commencing on April 15, 2011, and ending on April 15, 2012, unless sooner terminated. The Ordinance would
also prohibit pain management clinics from operating on a cash -only basis. Additionally, it would be made
unlawful for a pain management clinic to operate between the hours of 8:00 pm and 8:00 am. A violation of the
Ordinance would be a municipal code violation. Section 1 -12 of the Code provides that a violation of the Code
is punishable by a fme not to exceed $1,000 or imprisonment not to exceed 1 year, or both fme and
imprisonment.
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City Commission Regular
April 5, 2011
City Attorney Rosenthal read the title of the Ordinance.
Lt. Silberstein gave a PowerPoint presentation on Pill Mills and statistics on the abuse of
prescription drugs in the State of Florida.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2011 -003 Imposing a Temporary Moratorium on the Opening of any
New Pain Management Clinic (PMC) and on the Relocation or Expansion of
Existing PMC; and Establishing other Regulations on PMC as are necessary for
the Public Health, Safety, and Welfare. Motion carried 5 -0
The Ordinance as adopted carries the following title:
ORDINANCE NO. 2011-003
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PAIN
MANAGEMENT CLINICS AND THE ABUSE OF PRESCRIPTION PAIN
MEDICATION; ADOPTING FINDINGS OF FACT; PROVIDING
DEFINITIONS; IMPOSING A TEMPORARY MORATORIUM ON THE
OPENING OF NEW PAIN MANAGEMENT CLINICS AND ON THE
EXPANSION OR RELOCATION OF EXISTING PAIN MANAGEMENT
CLINICS; PROHIBITING EXISTING PAIN MANAGEMENT CLINICS FROM
CONDUCTING BUSINESS ON A CASH -ONLY BASIS; PROVIDING LAWFUL
HOURS OF OPERATION FOR SUCH CLINICS; DIRECTING STAFF TO
STUDY AND REPORT TO THE CITY COMMISSION ON ISSUES RELATING
TO PAIN MANAGEMENT CLINICS BY A DATE CERTAIN; PROVIDING FOR
PENALTIES, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
I. REGULAR AGENDA
10. Approval of Code Enforcement Reduction of Fine/Lien of $23,437.28 to $5,750.00 for
Gamelz Cinevert and Loudgere Delcy- Cinevert c/o Deutsche Bank National Trust
Company — Located at 2261 Laurel Blossom Circle. (Deputy Fire Chief Stanley)
This property was cited on April 5, 2010, for a violation for excessive weeds and grass growth. On May 25,
2010, the Code Enforcement Board issued an order to comply by May 28, 2010, or be fined $100.00 per day.
On January 01, 2011, the property came into compliance with the City. Mr. Kelly Bruce from Native Floridian
Realty Inc. representing Deutsche Bank National Trust Co. is requesting a reduction of fine /lien of $22,700.00
plus administrative cost of $727.28 totaling $23,437.28, since they did not take control over the property until
December 14, 2010, as per Mr. Bruce's testimony. On March 22, 2011, the Code Enforcement Board
considered the request for a lien reduction and recommends reducing the total fine lien to $5,750.00.
Kelly Bruce, listing agent for property, gave a brief summary with exhibits of what the property
looked like when they took ownership.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
the reduction of fine /lien of $23,437.28 to $5,750.00 to be paid within 30 days or
revert back to the original fine. Motion carried 5 -0
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City Commission Regular
April 5, 2011
11. Discussion and Direction Regarding Windermere Groves Subdivision — Transfer of
Roads for Ownership and Maintenance. (Public Works Director Krug)
The Windermere Groves Subdivision is unique in that the road right of way is privately maintained by the
Homeowners Association (HOA), yet is open to general access by the public with no access limiting gates. The
initial plat filed for the subdivision as Plantation Groves West showed the roads to be public access and was
constructed accordingly, however in the fmal platted version; the roads were identified in Tract B as "private
roadway with an ingress /egress easement and utility easement dedicated to the City ". The HOA has formally
requested the City take over maintenance of the streets, roadways and sidewalks within the subdivision since
they are open to unimpeded public access. The City has investigated the condition of the infrastructure and
found it to be structurally sound.
Prior to proceeding with the transfer agreement, the HOA will need to expend considerable funds to hire legal
counsel and a surveyor for title work to "less out" the entrance medians on Winshire Blvd, as well as
performing several legal actions pursuant to execute a fee simple transfer of title to the City. The HOA is
requesting Commission consensus on transferring the ownership and maintenance to the City prior to their
expending the funds on the required professional services.
This item was moved up on the agenda and heard prior to Item #10
Public Works Director Krug stated the Windermere Groves Subdivision is unique in that the
road right of way is privately maintained by the Homeowners Association (HOA), yet is open to
general access by the public with no access limiting gates. They have approached the City and
discussed with staff on several occasions the possibility of a transfer of the right -of way to the
City for maintenance. The City has investigated the condition of the infrastructure and found it
to be structurally sound. The HOA is requesting Commission consensus on transferring the
ownership and maintenance to the City prior to their expending the funds on the required
professional services.
Neal McCulloh, Attorney representing the HOA, stated that the HOA is ultimately trying to get
the roads back to what it should have always been and facilitated, which is a public road. It
seems at some point the roads became private and now they have an Association that is somehow
dealing with the roads. Staff has investigated the roads and they are fine to move forward on the
title transfer but it is just a matter of making sure Commission is behind this.
Mayor Vandergrift inquired on the census from the board and without objection they all agreed
that they were okay with the transfer. City Manager Frank advised that if the Commission
does not have an issue with this then they would like a vote to be taken.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
staffs recommendation of concurrence with the Windermere Groves
Homeowners Association (formerly Plantation Groves West) request for the City
to take over the ownership and maintenance of the infrastructure located within
Tract B of the Subdivision Plat, less the entrance medians, and authorize the
Mayor to execute the necessary legal documents upon approval by the city
attorney. Motion carried 5 -0
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City Commission Regular
April 5, 2011
12. Election of Mayor Pro Tem. (City Clerk Eikenberry)
Section C -9 of the Ocoee City Charter states: ...The Mayor pro tem shall be elected from among the
Commissioners by the City Commission but shall continue to represent the district in which such Commissioner
resides. The Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of
the candidates elected at each general city election (unless there is a runoff election, in which case the Mayor
pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected
at such runoff election) and shall serve as Mayor pro tem until the successor is elected.
On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tem annually, even in non - election
years, by rotating down through the seniority list, beginning with Commissioner Johnson for the term of March
2007 -2008.
Commissioner Johnson, seconded by Commissioner Keller, moved to elect
Commissioner Wilsen as Mayor Pro Tem. Motion carried 5 -0
13. Appointment of Commission Liaisons to Various Boards. (City Clerk Eikenberry)
Each year in March, the Commission reviews the Liaisons Appointments to various boards and makes changes,
if needed.
Commissioner Keller, seconded by Commissioner Johnson, moved to keep the
current Commission Liaisons to the Boards as they are now. Motion carried 5 -0
Parks and Recreation Board — Commissioner Wilsen
Citizens Advisory Board for the Police Department - Commissioner Keller
Citizens Advisory Board for the Fire Department - Commissioner Johnson
Human Relations Diversity Board- Commissioner Hood
Personnel Board — Commissioner Johnson
Tri- County League of Cities — Commissioner Wilsen
West Orange Airport Authority- William Maxwell
W.O. Chamber of Commerce — City Manager Frank
MetroPlan Advisory Board- Commissioner Keller
J. STAFF ACTION ITEMS - none
K. COMMENTS FROM COMMISSIONERS
Commissioner Hood- had no comments
Commissioner Wilsen — 1) said the Tea put on by the Historical Society was a great event; they
had a good speaker and gave a lot of historical information.
Commissioner Johnson- had no comments
Commissioner Keller- had no comments
Mayor Vandergrift — 1) announced Farmer's Market on Fridays from 3pm — 7pm; invited all to
come out and enjoy the market 2) Come out to Chick Fil A tomorrow to meet with your Mayor
and Commissioners between 5:00 p.m. and 6:00 p.m.
ADJOURNMENT
The meeting was adjourned at 8:19pm
APPROVED:
Attest: City of Ocoee
Eikenberry, City Cler S. Scott Vandergrift, Mayor
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