05-03-11 6:30 P.M. Drop Savers Winners Award Presentation
MINUTES
OCOEE CITY COMMISSION
MAY 3, 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 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
Proclamations for May 2011. (Mayor Vandergrift)
➢ National Water Safety Month
➢ Peace Officers Memorial Day & National Police Week — May 15th — 21 St
➢ Neurofibromatosis Awareness Month
C. COMMENTS FROM CITIZENS/PUBLIC
Tom Mottlau with Tommie C. Sanders Post 109 (American Legion) stated that they are
requesting permission to mount a plaque which will read "Tommie C. Sanders, Post 109" on the
outside of the Senior Center.
Mayor Vanderarift, seconded by Commissioner Johnson. moved to allow the
mounting of the Tommie C. Sanders plaque on the outside of the Tom !son
Center. Motion carried 5 -0.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank introduced the city's new employee, Assistant to the City Manager Doug
Gaines. He further stated Mr. Gaines came from the City of Orlando and has significant years of
experience in Code Enforcement, Land Use, Planning & Zoning, Marketing, and Economic
Development.
He further announced the following:
1) He is required by Charter to advise of any emergency repairs - Lift Station 2 Forcemain had
to perform the emergency repair of clogged forcemain which started sometime last week.
They are anticipating a total cost of $53,710.
City Commission Regular
May 3, 2011
2) On Saturday, April 30, 2011, the Ocoee Police Department participated in the National
Prescription Take Back Day. There were 28 contributors who turned in unwanted, unused
and expired drugs, filling 4 boxes with a total weight of 54 pounds of drugs. These drugs
were picked up by the DEA for destruction. Our thanks to all who participated in making
this effort a success and we look forward to the next National Prescription Take Back Day.
3) Handgun Safety Class taught by Ocoee Police Officers on Saturday, May 21, 2011, from
8:00a.m. until 1:OOp.m. If interested please contact Officer Teddy Levin at 407 - 905 -3160
ext. 3024.
4) The Ocoee Farmers' Market is now located at Bill Breeze Park and is open from 3:00 p.m.
to 8:00 p.m. every Friday. Also the City's Movie in the Park series is now being held on
Fridays immediately following the Ocoee Farmers' Market in Bill Breeze Park.
The next movie is "Country Strong" and will be held on Friday, May 6th. The film will start
at 8:30 p.m., and the lawn area opens at 7:30 p.m. Admission is free.
5) The City of Ocoee Parks and Recreation Department will be hosting its annual Big Orange
Games on Saturday, May 7th at Ocoee High School Football Field. Opening ceremonies
will be held at 9:15 a.m. and the games will begin at 9:30 a.m.
6) The Ocoee Family Aquatic Facility will open for the 2011 season on Saturday, May 7th
starting at 11:00 a.m. City residents may begin registering for the Parks and Recreation
Department's swimming lesson program on Saturday, May 14th from 10:00 am. to 5:00 pm.,
and on May 16th to May 20th from 1:00 pm to 9:00 pm at the Jim Beech Recreation Center.
For more information contact the Beech Recreation Center at 407 - 905 -3180.
7) Public Works met with the FDOT to discuss the project design scope for the traffic signal
project at Ocoee Hills and Silver Star Roads. The project kick -off meeting is planned for
the end of the month. Construction advertisement is scheduled for spring of 2013.
8) The City has secured a $235,000 grant to fund improved security at the Police Headquarters
Building. The main part of the project will construct an 8- foot -high ornamental iron
perimeter fence that includes brick columns spaced 20 feet O.C. around the main parking
lot. The back side of the property will be protected by an 8- foot -high chain -link fence.
Electronically controlled gates will limit access to the main parking lot and sally port to
authorized persons and vehicles only.
Commissioner Keller inquired about the construction of the traffic signal and if was to be 2013
or 2012. Public Works Director Krug explained that FDOT will have the traffic signal in the
2012/2013 budget fiscal year but optimistically it will not be until February 2013 when they can
go into construction.
Mayor Vandergrift inquired if Blackwood Avenue, in front of the hospital, would be redone.
City Manager Frank stated there is a project being handled by CRA Administrator Wagner
which will be funded by the CRA. The budget has been approved and the improvements for that
area would include new street lights and landscaping for Blackwood Avenue.
City Manager Frank stated that the City Attorney would like to briefly speak with the
Commission regarding the Condo Legislation and how it is proceeding through the state's
legislature so they can use that to remedy the Colony Plaza situation. City Attorney Rosenthal
stated that everyone should have received the e-mail stating that the City had conveyed the three
units of the Colony Plaza from the FDIC. FDIC had paid the taxes current and was more than
happy to have those units conveyed to the City in exchange of release for their liability under the
2
City Commission Regular
May 3,2011
demolition lien. He further explained they received some good news from Tallahassee
regarding an amendment to the condo legislation which would put the City in the possession to
be able to unwind the Colony Plaza through a particular proceeding. City Attorney Rosenthal
briefly explained the bill and the provision that will benefit the City as a timeshare owner. He
further stated hopefully these changes in the legislation will lead them to bring to the City
Commission a plan of termination which staff will be recommending that the city initiate before
the court system which will then lead to the clearing of the title of the Colony Plaza. This will
put the property owners in a possession to sell the property and have some redevelopment.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood — 1) stated that he spoke with a couple employees who will be heading out
to Alabama this weekend and he would like to know if an e -mail could go out to all Directors
regarding collecting can goods, clothing, gift cards, and non - perishable items. He stated items
can be dropped off with the receptionist at City Hall. 2) Pop -Warner sign -up is this Saturday,
May 7 3) announced he is heading to the school board next week regarding redistricting
boundaries off of Ingram Road. He is trying to get Ingram Trails and McCormick Woods in the
Ocoee High School District since they are zoned for Wekiva High School. Mayor Vandergrift
stated that he may want to mention that Forest Oaks residence received postcards stating that
they needed to register their children early to go to Evans High School.
Commissioner Wilsen — 1) reminded everyone about the Farmer's Market on Friday's from 3
p.m. -8 p.m.
Commissioner Johnson — 1) announced the Lion's Club Tournament is this Saturday, May 7th
and they are still looking for more teams. Tee off begins at 8 a.m. and cost is $250 /foursome and
$400 /foursome and a sign. Contact City Engineer Wheeler if interested.
Commissioner Keller — 1) announced he is trying to put together a Community Town Hall
meeting with Commissioner Boyd regarding the Hackney Prairie School. He further stated he
would like to know if they could use the Tom Ison Center to hold the meeting possibly next
week. Mayor Vandergrift stated without obiection the Tom Ison Center could be
used for the meeting. Commissioner Hood added that in checking the addresses he noticed
that over 90% of those affected did not reside in the City and was thinking they should notify the
subdivisions in that area that there will be a meeting. Commissioner Keller stated he had
planned on notifying everyone who had e- mailed him back so that they could pass the word on.
2) lastly, wanted to say a special thank you to our Armed Services and Intelligence for the
capture of Bin Laden and finally giving the American people justice.
Mayor Vandergrift — 1) read a letter from the Ocoee High School Principal thanking Officer
Byrd for her work at the school and her dedication to the children. 2) read a letter regarding the
Ocoee Comprehensive Plan Amendment being in compliance with the State. 3) announced if
you are a stamp collectors there will be a Mercury Project and Messenger Mission
Commemorative Stamps on Wednesday, May 4 at 2 p.m. at the Kennedy Space Center Visitor
Complex.
3
City Commission Regular
May 3,2011
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #4. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held April 18, 2011. (City
Clerk Eikenberry) •
Approved on Consent. Motion carried 5 -0.
2. Reappointment to Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two year terms. There are currently four members of the
board with terms expiring in May 2011, and three wish to be reappointed. William Maxwell, Jennifer Hopkins and
Ashley Papagni have expressed their interest in being reappointed for another term ending May 2013 however,
Berywn Oltman has decided to retire from the board.
Approved on Consent. Motion carried 5 -0.
3. Appointment to the Personnel Board. (City Clerk Eikenberry)
In accordance with Section C -30 Charter of the City of Ocoee the Personnel Board shall consist of five (5) members
appointed by the City Commission for terms of three (3) years. The Personnel Board shall consist of at least one (1)
city employee, one (1) City Commissioner, one (1) person who holds a management position with the city and one
(1) citizen of Ocoee who is not employed by and does not hold office with the city.
The Personnel Board has not met since 2007 and therefore terms of all members have expired. There is currently
one open position on the board to be filled and only one application on file from Mr. Robert Godek showing an
interest on serving on this board.
Approved on Consent. Motion carried 5 -0.
4. Request for Approval to Serve Alcoholic Beverages at a City -Owned Facility
(Community Center) During a Surprise Birthday Party Event Being Held on May 21,
2011. (City Clerk Eikenberry)
The Hendrix Family is using a City-owned building to hold a special event; Surprise 50th Birthday Party for Keith
Hendrix. The family is 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.
Approved on Consent. Motion carried 5 -0.
G. PUBLIC HEARING
5. Vallario Variance (698 Mt. Pleasant Drive) - Variance to Rear Yard Setback. (Advertised
in the West Orange Times on Wednesday, April 27, 2011). (City Planner Rumer)
The applicants, Lawrence and Tamara Vallario are requesting a rear -yard setback variance from 25 feet to 20'2 feet
for a proposed room addition to the main dwelling structure. The proposed addition is a covered lanai with a half
bath. The room addition will be added to the rear of the existing dwelling structure. The main dwelling structure was
constructed in 2002 on a lot platted in the Brookestone Subdivision.
The house is located on a corner lot. The proposed addition will comply with both front yard setback requirements.
If the variance is approved, the lot will comply with the maximum impervious permitted in the Land Development
Code.
4
City Commission Regular
May 3, 2011
(Continued)
City Planner Rumer stated the applicants are requesting a rear -yard setback variance from 25
feet to 20V2 feet for a proposed room addition to the main dwelling structure. The proposed
addition is a covered lanai with a half bath. City Planner Rumer provided exhibits and advised
that if looking at the site plan it is shows the proposed room addition will clip the corner of the
lot because the rear of the lot is irregularly shaped.
Commissioner Wilsen inquired if the neighbors were agreeable with the addition. City Planner
Rumer stated that at the Board of Adjustment meeting on Thursday, April 28 the president of
the HOA Architectural Review Board spoke and stated that they had not approved the project
yet. He further stated that no one spoke in opposition and the Board of Adjustment did vote
unanimous to recommend approval of the variance.
The Public Hearing was opened.
Mayor Vandergrift stated that the HOA is set up for a little further protection of the subdivision
depending on what it is they want to do. David Portwood, architectural designer for project,
advised that they did not go to the HOA as of yet is because they wanted to make sure that the
variance was going to be approved.
The Public Hearing was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Vallario Variance per staffs recommendation.
Mayor Vandergrift briefly explained that since the motion did not include approval from the
HOA he will be opposing. He further explained a situation within his HOA and subdivision
where the city approved a chain link fence which was not approved by the HOA.
City Attorney Rosenthal advised that this is a discretionary matter of the City Commission and
they have the authority to approve a variance to allow this without any regard to what the HOA
documents say. Their approval only states that the applicant meets the requirements of the City
of Ocoee Land Development Code for a variance. He further added that if there are HOA
documents that have other requirements, their actions will not in any way affect that requirement.
City Attorney Rosenthal stated there is nothing wrong or improper should they want to make
the motion to approve the variance subject to the approval of the HOA Architectural Board.
Manor Vandergrift, seconded by Commissioner Keller, moved to amend the
original motion to include: to be subiect to the Brookestone HOA Architectural
Review Board. Motion carried 5 -0.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Vallario Variance per staffs recommendation and subject to the Brookestone
HOA Architectural Review Board. Motion carried 5 -0.
5
City Commission Regular
May 3, 2011
H. REGULAR AGENDA
6. Approval of Code Enforcement Reduction of Fine/Lien for David Crawford Located at
2243 Laurel Blossom Circle from $7,049.52 to $1849.52. (Deputy Fire Chief Stanley)
Mr. David Crawford, the owner of the property, is requesting a reduction of fine /lien plus City's cost of $6,200.00
plus $849.52 administrative cost, totaling $7,049.52, because in the past two year he was in the process of being in
foreclosure and now has a short sale contract on the property. On April 26, 2011, the Code Enforcement Board
considered the request for a lien reduction and recommends reducing the total fine lien to $1,849.52.
David Crawford, the owner of the property, stated he had no knowledge that the house was still
in his name when the lien was placed on the home by Code Enforcement. He further stated he
has documents with him showing that the home was to be auctioned off at a foreclosure sale on
July 9, 2009. The lien he believes was placed on the home from January through August. Mr.
Crawford stated he was not notified of the foreclosure sale being cancelled until January 21,
2010. He currently has the home ready to be sold in a short sale but only if he can get the lien
reduced to the $1849.52.
Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the
reduction of fine /lien for David Crawford at 2243 Laurel Blossom Circle from
$7,049.52 to $1849.52. Motion carried 5 -0.
City Attorney Rosenthal reminded the Commission that a time period is usually placed when
reducing code liens.
Commissioner Hood, seconded by Commissioner Keller, moved to include in the
original motion to pay the fine /lien within 30 days or fine reverts to original
amount. Motion carried 5 -0.
7. School Concurrency Vesting for Un- Platted Residential Subdivisions Approved Prior to
School Concurrency. (City Planner Rumer)
In 2008, the City Commission adopted a new element into the Comprehensive Plan which implemented School
Concurrency in the City of Ocoee. This element discusses procedures for timing when new residential developments are
required to obtain concurrency from the Orange County School Board. Concurrency ensures there is sufficient capacity in
the school system to accommodate the anticipated amount of students the proposed development will generate.
Developments that have received site plan approval pursuant to a specific development order prior to the adoption of the
school concurrency element by the City Commission are not required to obtain concurrency from OCPS. Nine (9)
developments have received approval from the City Commission prior to the adoption of concurrency. Projects that have
received a final plat are exempt and records of the plat are available on the Orange County Comptroller's website. Staff
has prepared a list and a map noting the location and type of approval for each development for your information. Since
these developments were approved prior to the adoption of school concurrency, the developments are vested from the
requirements of school concurrency and will not be required to obtain concurrency from OCPS. Staff will provide written
notification to both the School Board and the Developers of the nine (9) developments.
City Planner Rumer stated that in 2008, the City Commission adopted a new element into the
Comprehensive Plan which implemented School Concurrency in the City of Ocoee, as well as,
entered into an Interlocal Agreement with the School Board. He further added in the agreement
there is a provision for vesting existing subdivisions at time of site plan or platting. City
Planner Rumer stated that site plan has different meanings and the city interprets the site plan
for a subdivision to be at PSP (Preliminary Subdivision Plan) which is earlier then the Final
Subdivision Plan. He explained that staff will provide written notification to both the School
Board and the Developers of the developments that will meet that provision of the agreement.
6
City Commission Regular
May 3, 2011
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
School Concurrence Vested Proiect List and direct staff to provide written
notification to both the School Board and the Developers. Motion carried 5 -0.
Commissioner Johnson noted that Item #3 was incorrect in stating that the Personnel Board had
not met since 2007 because they had a meeting with last year since he had been appointed to the
board. After a brief discussion, Mayor Vandergrift directed staff to look up the meeting dates
and advise.
8. Discussion Re: Golf Cart Ordinance. (Police Chief Brown)
On June 1, 2010, Chief of Police Charles J. Brown addressed the honorable Mayor and Board of City
Commissioners regarding the feasibility of a golf cart ordinance within the city limits of Ocoee. Staff seeks direction
on possible adoption of a golf cart ordinance.
Police Chief Brown gave a PowerPoint presentation on how a new golf cart ordinance would be
implemented if that is what Commission desires. He said there is some new information since
their last discussion at the June workshop.
He discussed that Golf carts are not made for and cannot normally operate on public roadways.
There is a state statute that permits a municipality to allow golf carts to operate on city roads
with 25mph speed limits or less and can only cross city roads with a speed limit of 35mph or
less.
He discussed items that would need to be considered, such as no pass roads that would restrict
impeding of the safe and efficient flow of motor vehicle traffic; citizen interest and legitimate
public need. He said the have reviewed ordinances from around the state and they are drafting
an ordinance at this time.
Golf cart registration process, how to ensure that it met statutory standards, signage from public
works, public safety considerations such as an operation manual. Safety considerations include a
17 year research which showed that about 15,000 incidents of injury per year. Approximately
15% of those are on roadways and of those 30% of injuries are people between the age of 12 and
19, due to lack of seat belts and ease of toppling out of the vehicle. The number of people being
injured driving golf carts on streets continues to rise as the popularity of golf carts rise.
Mayor Vandergrift asked if we can stipulate the age group that we want to allow. Chief
Brown stated yes, because the vehicle does not have to be registered with the state nor does the
driver have to have a license; those things would have to be restricted by what the ordinance
allows. We cannot require that a person to have a driver's license, but we can set an age
restriction. Chief Brown said the City can inspect the vehicle for minimum standards and give
them a sticker that allows them to operate the vehicle for two years. We could also require a
Safe Golf Cart Driver Class.
The Ordinance would legislate: when and where the golf cart could be operated, how a citizen
registers the golf cart, definition of requirements of the golf cart, and who can operate the golf
cart. He said he feels it should be adult -only operation of the golf cart and children under six
years old should be prohibited from being in them due to safety issues. He felt the best way to
implement the ordinance is by making the entire city eligible. Individual HOAs could apply for
consideration and that way it would not be imposed on neighborhoods who are not interested.
The streets and roads would be reviewed, and if approved signage would be created by public
works on the authorized streets.
7
City Commission Regular
May 3, 2011
Commissioner Keller asked how non -HOA neighborhoods such as Forest Oaks apply for this
because he knows there is an interest there. Chief Brown said that needs to be determined by
the Commission; he said there are a few ways that could be accomplished 1) by requiring 51%
approval from the residents, or 2) the City could authorize it on the public street and the
neighborhood would not be part of that approval process.
Commissioner Wilsen said a citizen approached her who is in a neighborhood with only one
entrance /exit and felt their neighborhood would be a good candidate for golf carts.
Mayor Vandergrift said they would like to see the draft ordinance and a presentation so they
can make an informed decision.
Commissioner Johnson advised that Tavares and Winter Garden and many other cities have
them and we want them here. We have discussed this many times over the last two years, we
want to just move forward and get an ordinance adopted for Ocoee. He felt we should authorize
it citywide and just list what the restrictions /requirements are.
Chief Brown stated that there will be a cost for signs even if we do it in house. He also stated the
ordinance will have to identify all the allowable roads; it cannot be a blanket, citywide
ordinance.
City Manager Frank stated that we can come back with a recommended ordinance the first
meeting in June. We have had meetings on this in the past, we have been looking at what is
being adopted by other cities and they vary widely so it will take some time to fine tune an
ordinance exactly as we want it.
Consensus of the Commission was to table this item and bring back a proposed
ordinance at the June 7 or June 21 Commission meeting.
I. STAFF ACTION ITEMS
None
J. COMMENTS FROM COMMISSIONERS
Mayor Vandergrift acknowledged two students who are seniors at Wekiva High School
studying city government, Vanessa Amaral and Alisha Mohamed.
Commissioner Keller — stated he will get back with the residents as soon as possible on
organizing a Town Hall Meeting with regard to school rezoning and building the school at
Hackney Prairie.
Commissioner Johnson — No comment
Commissioner Wilsen — No comment
Commissioner Hood — 1) inquired about speed tables on Russell Drive. Public Works
Director Krug stated the pricing is in and they are working on a purchase; they should be
completed within a month 2) inquired about the budget process for resurfacing streets. Mr.
Krug advised they have $300,000 in the current budget; it will be going out to public bid soon.
Commissioner Hood advised he has a list of streets he want Public Works to look at for that
project. Commissioner Hood asked about the property we have that borders Lake Apopka.
Mayor Vandergrift said we have approximately 1500 feet at Westin Bay and 1500 feet at the
coke property. City Attorney Rosenthal stated part of that are wetlands, so we have to look at
8
City Commission Regular
May 3, 2011
legal access to the lake. The Mayor added that the City of Ocoee has more land on Lake Apopka
than any other city in Orange County and the City of Apopka has no land that borders Lake
Apopka.
Mayor Vandergrift — 1) said there are some trees on Montgomery that are still braced with
wires and he asked Public Works Director Krug to check that out. Mr. Krug said he believes
that is the Home Owner Association but he will coordinate with them. 2) stated he distributed
information and prices for the seaplane rides; he visited the seaplane port in Tavares and it is
impressive. While he was in the plane, he was looking at areas of Lake Apopka where we could
have a seaplane base.
3) stated that he feels the Founder's Day committee meetings should be noticed and all
commissioners should be notified. There should be a public notice stating that two or more
commissioners may be present.
ADJOURNMENT
The meeting was adjourned at 8:27 p.m.
APPROVED:
Attest: City of Ocoee
.10.1
It AL ke_
Betkenberry, City Cler S. Scott Vandergrift, Major
9