07-19-11 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
July 19, 2011 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Promotion Ceremony of Firefighter Fred "Shorty" Bowman to Engineer. (Fire
Chief McNeil)
Presentation of Chiefs Award to Ocoee Resident Jan Bowling. (Fire Chief McNeil)
Proclamation — Recreation and Parks Month — July 2011. (Mayor Vandergrift)
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL
INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for the Regular Commission Meeting and Executive
Session Special Meeting Held June 21, 2011. (City Clerk Eikenberry)
2. Appointment of Member to the Districting Commission. (City Clerk
Eikenberry)
At the Commission Meeting on June 21, 2011, the City Commission was asked to submit names of
those they would like to appoint to the Districting Commission. Names were provided by all except
Commissioner Johnson, so a motion was taken to appoint Victoria Laney, Joe Chinelley, Anthony
Adams, and Julie Butler as members of the Districting Commission with a member position open for
Commissioner Johnson's appointee. Commissioner Johnson has selected Lester Dabbs as his
appointee.
3. Appointment to the Parks and Recreation Advisory Board. (City Clerk
Eikenberry)
Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides
that the Parks and Recreation Advisory Board membership shall consist of nine (9) members and
whenever possible, appointments to the Board may include one member from each of the following
organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner
Football, and West Orange Senior Citizens Association.
Currently the board has eight (8) members and there is one (1) application on file for this board from
Ocoee resident Laura Gleason.
City Commission Regular
July 19, 2011
4. Award of Bid #B11 -01 Montgomery Avenue/White Road Reclaimed Water Main
to Andrew Sitework LLC. in the amount of $972,084.60. (Purchasing Agent
Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish, deliver, and
install all materials, equipment, incidentals, and services, including all labor for the Montgomery
Avenue/White Road reclaimed water main project. The construction generally consists of constructing
a new 16 inch reclaimed water main along Montgomery Avenue and White Road as depicted on the
plans contained in the Bidding Documents. The work includes installation of new mains and
appurtenances, connection to existing mains, testing, sidewalk and pavement restoration and sodding.
5. Award of Bid #B11 -03 Asphalt Paving Projects for Prairie Lake Blvd., Sawmill
Blvd., and Columbus Street to The Middlesex Corporation in the amount of
$316,514.55. (Purchasing Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor,
supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for Prairie
Lake Blvd, Sawmill Blvd, and Columbus St. The construction generally consists of an asphalt
stabilized base course from a mixture of the existing bituminous concrete pavement and existing base
course material. In addition, the contractor shall furnish and install asphalt pavement on the recycled
road base. All work of this contract shall conform to the applicable technical specifications of Florida
Department of Transportation (FDOT) "Standard Specifications for Road and Bridge Construction"
Latest Edition, and "Roadway and Traffic Design Standards" Latest Edition including any amendments
thereto. The Contractor shall acquire his own copies of the FDOT Standards.
6. Approval of Easement Agreements with Health Central and Wal -Mart for the
Blackwood CRA Project. (City Engineer Wheeler)
On June 21, 2011, the City Commission awarded the construction contract for sidewalk and roadway
improvements on Blackwood Avenue, from SR 50 to Old Winter Garden Road, to Barracuda Building
Corporation. This work involves the relocation of most of the sidewalk further away from the curb to
allow for additional landscaping, straightening of a section of roadway at the West Orange Healthcare
District (Health Central) entrance and associated stormwater renovations, installation of a concrete and
brick crosswalk at the intersection with the driveways into Health Central and Wal -Mart Stores East,
LP (Wal -Mart), and removal of the existing landscaping and light poles.
To perform the work and for future maintenance purposes the City needs two easements from both
Health Central and Wal -Mart. The easements needed from Health Central are a Public Sidewalk and
Street Light Easements to install the new sidewalk and street lights on the Hospital's property and a
Temporary Construction Easement to realign Health Central's sidewalks that come out to Blackwood
Avenue. The easements needed from Wal -Mart are a Street Light Easement to install the new street
lights at their driveway connection to Blackwood Avenue behind the sidewalk which would be on
Wal -Mart's property and a Temporary Construction Easement to realign Wal -Mart's sidewalks that
come out to Blackwood Avenue.
7. Approval of Budget Amendment for Purchase of Three (3) Equipped Patrol
Vehicles Utilizing Federal Equitably Shared Funds (Forfeiture Funds). (Police
Chief Brown)
On February 15, 2011, the Honorable Mayor and Board of City Commissioners approved spending
$74,625.00 from Federal Equitably Shared Funds (forfeiture funds) to purchase three (3) equipped
patrol vehicles for the 2010 COPS Hiring Program Grant. The City of Longwood is selling fully
equipped 2009 Ford Crown Victoria patrol cars for approximately $18,800 each. Purchasing the three
(3) vehicles from Longwood for $56,400.00 total, as opposed to new vehicles from the Florida
Sheriffs' Association vehicle bid for $74,625.00, would save approximately $18,000.00. City of Ocoee
Fleet Maintenance personnel have evaluated and approved the vehicles for Ocoee police use. Patrol
vehicles purchased from the City of Longwood in recent years have provided satisfactory service.
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City Commission Regular
July 19, 2011
8. Approval for Purchase of Police Digital Portable Radios. (Police Chief Brown)
The FY 2010/2011 budget, approved by the Mayor and City Commission, provided up to $52,000.00
for the purchase of eight (8) digital portable radios (and related accessories). In order to maintain
compatibility and interoperability with Motorola radios currently utilized by the Orange County radio
users group, Motorola radios must be purchased. Motorola is a sole source provider for these radios
and offers only the Orange County contract pricing.
9. Approval of 2011 Byrne Memorial Justice Assistance Grant (JAG) Formula
Program 51% Letter. (Police Chief Brown)
This year, the Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to
submit the attached 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists
the various programs for which participating agencies plan to spend 2011 monies. $461,652.00 has
been allocated to the agencies within Orange County. If approved, the City of Ocoee will receive
$14,217.00 to purchase digital portable radios in order to maintain compatibility and interoperability
with radios currently utilized by the Orange County radio users group.
10. Approval of Ocoee Crown Point PUD Additional Stormwater Analysis for the
Modification of SJRWMD Permit. (City Engineer Wheeler)
SJRWMD staff has recommended a modification of the listed permits to eliminate the enhancement
provision in the permits and instead offer preservation and offsite mitigation credits only, if necessary.
Successfully modified permits will eliminate the need to spend additional funds to reestablish the
mitigation area that has died and to spend an estimated $110,000 on maintenance, monitoring and
reporting for the enhancement areas over the next five years. VHB, Inc. and the City approached
SJRWMD to review the site and the proposed plan and were able to develop an alternative that would
allow the wetlands mitigation to be performed as one process which would relieve the City of the five
year maintenance and monitoring program.
VHB will update the conceptual stormwater analysis and preliminary design of the stormwater
management system for the project by removing Pond 11 and incorporating the stormwater runoff
from the extension of Ocoee Crown Point Parkway (approximately 1.75 acres) in a new pond and in
Pond 10. The conceptual pond design will meet the requirements set forth by the City of Ocoee and
the SJRWMD. VHB utilize the geotechnical information and survey that was previously prepared in
support of Permit No. 4- 095- 83494 -1. To perform the stormwater analysis, submit the permit
application to the SJRWMD, and respond to any questions and revise the conceptual permit VHB
proposes to perform the work for $19,120. There are sufficient funds left in the Ocoee Crown Point
project budget to cover this expense.
G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
11. Adoption and Second Reading of Golf Cart Ordinance. (Advertised in the Orlando
Sentinel on Saturday, July 9, 2011). (Police Chief Brown)
The City of Ocoee wishes to adopt an ordinance that allows the Honorable Mayor and Board of City
Commissioners to consider and approve resolutions to authorize the operation of golf carts within
specified residential communities and on roadways meeting threshold safety requirements in
accordance with Florida statutes. Homeowners' associations and City of Ocoee elected officials acting
on behalf of neighborhoods not represented by homeowners' associations may request that the
Honorable Mayor and Board of City Commissioners authorize golf cart operation in their
neighborhoods. In order to comply with State law, specific road signage will be required in each
neighborhood. In order to ensure that golf carts are operated safely, statutorily mandated safety devices
will be required, as will police inspection and registration of golf carts. A nominal registration fee will
be charged to the golf cart owners to help offset the cost of the signage and other materials. A safety
manual will be issued to each golf cart owner. Age limitations and hours of operation are also
established in the ordinance. To ensure compliance with the ordinance, violators of the ordinance may
receive City of Ocoee civil citations which result in fines.
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City Commission Regular
July 19, 2011
12. 10 -Year Water Supply Facilities Work Plan — LSCPA — Adoption of Ordinance.
(Advertised in the Orlando Sentinel and West Orange Times on Thursday, July 7, 2011). (City
Planner Rumer)
In 2005, the Florida Legislature significantly changed Chapters 163 and 369 of the Florida Statutes
(F.S.) by strengthening the relationship between District Water Supply Plans (DWSP) prepared by the
Water Management Districts and the Comprehensive Plans prepared and maintained by local
governments. According to The Wekiva Parkway and Protection Act, Chapter 369, Part III, F.S., each
local government is required to amend its comprehensive plan to include an up -to -date 10 -Year Water
Supply Facility Work Plan to include an evaluation of the present and projected growth and water
demand for a 10 -year planning period.
The 10 -Year Water Supply Facility Plan and proposed amendments to the Comprehensive Plan were
transmitted to the Department of Community Affairs for review and approval. An Objections,
Recommendations, and Comments (ORC) report was provided by DCA. The City has satisfied the two
objections as stated in the ORC report.
13. Waste Water Facility Plan — LSCPA — Adoption of Ordinance. (Advertised in the
Orlando Sentinel and West Orange Times on Thursday, July 7, 2011). (City Planner Rumer)
In 2004, the Florida Legislature enacted the Wekiva Parkway and Protection Act (Wekiva Act) found
in Part III, Chapter 369, Florida Statutes. Local governments within the Wekiva Study Area (WSA) are
required to develop a wastewater facility plan for the specific portions of their joint planning areas and
utility service areas where central wastewater systems are not readily available. The purpose of this
effort is to prepare a Wastewater Facility Plan for the City of Ocoee that meets the Act's requirements
for short-range (5 -year) and long -range (-20 year) planning horizons.
The Wastewater Facility Plan and proposed amendments to the Comprehensive Plan were transmitted
to the Department of Community Affairs (DCA) for review and approval. An Objections,
Recommendations, and Comments (ORC) report was provided by DCA. The City has satisfied the one
objection as stated in the ORC report.
14. 16 Joint Planning Agreement Amendment — LSCPA — Adoption of Ordinance.
(Advertised in the Orlando Sentinel and West Orange Times on Thursday, July 7, 2011). (City
Planner Rumer)
The City has initiated this amendment to the Comprehensive Plan in order to (i) incorporate by
reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map
(Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use
Map as modified by the Sixteenth JPA Amendment; and (iii) provide for the revision of the Existing
Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land
Use Map as modified by the County Comprehensive Plan Amendment.
The Sixteenth (16th) Amendment to the City of Ocoee -Orange County Joint Planning Area Agreement
(JPA) amended the boundary to include the area located north of Palm Drive, east of East Crown Point
Road and west of SR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future
Land Use map designation for all parcels as "Light Industrial."
An ORC report on the proposed comprehensive plan amendment has been received from DCA with no
objections.
15. Past Joint Planning Agreement Amendments and Future Land Use Map Clean
Up — LSCPA — Adoption of Ordinance. (Advertised in the Orlando Sentinel and West
Orange Times on Thursday, July 7, 2011). (City Planner Rumer)
The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map)
of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and
comprehensive plan amendments adopted since the adoption of CPA - 2001 -1 -1; and to (i) incorporate
by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend
Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint
Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform
to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan
amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use
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City Commission Regular
July 19, 2011
Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small
scale comprehensive plan amendments and annexations since the last update to Figure 1.
An ORC report on the proposed comprehensive plan amendment has been received from DCA with no
objections.
16. Large Scale Comprehensive Plan Amendment for Text Amendments — LSCPA —
Adoption of Ordinance. (Advertised in the Orlando Sentinel and West Orange Times on
Thursday, July 7, 2011). (City Planner Rumer)
The City has initiated this amendment to the Comprehensive in order to: (i) amend the definition of
floodplains in order to allow an alternative basis for determining the location of 100 -year flood plains
for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend
Objective 3 of the Section IV of the Conservation Element in order to conform to the amended
definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding
procedures for noticing and conducting public hearings on comprehensive plan amendments.
An ORC report on the proposed comprehensive plan amendment has been received from DCA with no
objections.
H. REGULAR AGENDA
17. Set Workshop and Hearing Dates for the 2011/2012 Budget Process. (Finance
Director Horton)
Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public
hearings are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed
budget and allow their comments.
Staff recommends August 8th and 17th for the August workshops. Workshops will begin at 6:00 p.m.
Staff recommends the commission schedule the public hearings for September 7th and 21st. If there is
a conflict with these dates we recommend alternate dates of September 12tht and 21st. Hearings will
begin at 6:00 p.m.
18. Setting the Proposed Tentative Millage Rate for FY2012. (City Manager Frank)
The TRIM Act requires local governing bodies to set a proposed tentative millage rate annually during
the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of
their proposed tax levies for the next year. This rate can be lowered during the budget hearings in
September and has historically been done so by the city.
HB -1 establishes levels of approval by the governing body in setting the millage rate. This bill
provides for a maximum millage rate that can be levied by the governing body with a majority vote.
This maximum millage rate for the upcoming fiscal year, 6.9239, is an increase of the current year
millage (5.5574). The rolled back rate for 2011/2012 is 5.9455. This rate is higher than the current
year rate due to the decrease in assessed property value. The City's assessed value decreased
$93,150,960. This is a reduction of $502,147 at the current millage rate of 5.5574.
The City can set the proposed millage for FY 11/12 up to 7.6163 with a super majority vote by the
Commission. This millage rate would generate $12,660,812 in ad valorem revenues. A millage rate
higher than the 7.6163 would require a unanimous vote by the Commission.
The proposed budget is currently balanced at 5.7900. This millage rate is less than the rolled back
rate.
I. STAFF ACTION ITEMS
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City Commission Regular
July 19, 2011
J. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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