07-19-11 MINUTES
OCOEE CITY COMMISSION
July 19, 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
Presentation - Lady Hawks - Coach Tony Caraway introduced the Lady Hawks West Orange
Girls Club Champions and coaches. Mr. Caraway further announced that the Lady Hawks has
the opportunity to go to a national tournament in Myrtle Beach, South Carolina from July 28 -
31 He also stated they have worked really hard on fundraising but would like to ask the
Commission tonight if they could give a donation to help the girls go and have an opportunity to
win a national title.
Commissioner Hood, seconded by Commissioner Keller, moved to donate $500
to the Lady Hawks for their tournament in Myrtle Beach, South Carolina. Motion
carried 5 -0.
Presentations South Orange Little League A brief presentation was given by President of the
Little League Dave Dunham and Senior Manager Chris Bell recognizing the Senior League
District 14 Champions. It was further announced that they would be playing this weekend at
South Orange.
A brief presentation was given by President of the Little League Dave Dunham and Manager
Chris Adkins recognizing the 9 Year Old Florida District 14 Champions. Manager Chris
Adkins thanked the Parks and Recreation Department for the use and maintenance of the Ocoee
Parks and Recreation fields and the parents for supporting their children.
Presentation - Diana Huizar with La Jefa 1480AM Radio Station stated that they are holding a
health fair this Saturday and they came into a bit of a situation in that most of their vendors at the
upcoming event are non - profit so they are asking if she can have the rental fee waived for the
Community Center use. Commissioner Hood added that La Jefa is willing to help the HRDB
with their Fiesta de Colores event by doing the advertising and providing a DJ at no charge if the
City could waive the rental fee. He further added that the cheapest estimate the HRDB had
received for those services were $850.
City Commission Regular
July 19, 2011
Commissioner Hood, seconded by Commissioner Johnson, moved to waive the
$400 rental fee for La Jefa1480AM in exchange for services they will provide at no
charge for the Fiesta de Colores Festival. The deposit will be reimbursed if City
staff is not required to clean -up after their event in the Community Center.
Motion carried 5 -0.
Ms. Huizar further announced the Health Fair event will be at the Community Center this
Saturday from 11 am — 4pm. The radio station will be broadcasting live and the Big Red Blood
Bus will also be outside.
Commissioner Hood briefly commented that he would like to speak with the radio station next
week about a partnership and having them broadcast the High School football games.
Presentation - Fire Chief McNeil introduced Firefighter Fred "Shorty" Bowman and announced
that he has the privilege of promoting him to Engineer. He was also presented with his helmet as
well as badge pinning.
Presentation - Fire Chief McNeil presented the Chiefs Award to Ocoee Resident Jan Bowling
for helping a resident with an emergency situation while on her morning walk. Ms. Bowling
heard a smoke detector and assisted with removing a smoking pan on a stove while the home
was occupied by the resident who had slept through the sound of the alarm. Her quick response
prevented a house fire.
Proclamation - Mayor Vandergrift read the proclamation and announced July 2011 as
Recreation and Parks Month.
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) announced there is a revised staff report for Item #9. Deputy Police Chief Goclon
announced that they added the addition of a grant application to the 51% letter for
approx. $14,000 to purchase portable radios. He further announced that because the
$14,000 would not cover the full three radios they requested that an additional $2400
come from their capital account which already had funds set aside to purchase radios
with.
2) announced the Police Department is hosting their Handgun Safety Class on Saturday
August 13, 2011, from 8:00 a.m. to 1:00 p.m. and their SAFE Class also on Saturday
August 13, 2011, from 9:00 a.m. to 12:00 p.m. The SAFE Class is a free, one time, three
hour presentation on self - defense and safety awareness for women. If interested contact
Officer Teddy Levin at 407 - 905 -3160 ext. 3024.
3) announced the Ocoee Farmers' Market is located at Bill Breeze Park and is open from
3:00 p.m. to 8:00 p.m. every Friday. The public is invited to come to the market for fresh
produce, breads, honey and much more. For more information, call 407- 905 -3100.
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City Commission Regular
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4) announced the City's popular Movie in the Park series is on Friday immediately
following the Ocoee Farmers' Market in Bill Breeze Park. The next movie is "Rango" and
will be held on Friday, July 22nd. The film will start at 8:30 p.m., and the lawn area
opens at 7:30 p.m. Admission is free.
5) announced the Parks and Recreation is accepting registration for the Before and After
School Camp Program. Registration will begin July 22nd for residents with children ages
5 to 14 years of age. Open enrollment will begin August 1st. Individuals that are
interested in registering for the camp should contact the Beech Recreation Center at 407-
905 -3180.
6) announced the roadway construction portion of the Blackwood Avenue CRA project has
been awarded to Barracuda Building Corp. at a price of $156,871.90 with the add -
alternate bid item for brick paver crosswalks at the Health Central /Wal -Mart driveway
intersection. Staff is now coordinating financing and other elements of the overall
construction project (streetlights, irrigation, and landscaping).
Commissioner Johnson inquired if there was going to be a button for the crosswalk
intersection. City Engineer Wheeler stated that the crosswalk at the intersection will be
concrete lined brick pavers so that the crosswalk area is highlighted. Commissioner Johnson
stated that the buttons need to be added at the crosswalk because many cars cut across that road.
Commissioner Wilsen stated she believes in order for there to be a button for the crosswalk
there has to be a light. City Manager Frank stated this is not a signaled intersection so they
will have to look into what they can provide. City Engineer Wheeler stated that they have
talked about putting a flashing light and they do have street lights designated for that area to light
it up at night time. Mayor Vandergrift inquired if pedestrians have the right -a -way at
crosswalks. City Manager Frank answered affirmatively. Mayor Vandergrift stated he feels
the signs at the very least should warn drivers.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — None
Commissioner Johnson — None
Commissioner Wilsen — 1) stated there are flags out on Bluford Ave. that are going to get
tattered and she was wondering if they could only be put up during the appropriate holidays to
make them last longer. Mayor Vandergrift inquired as to how far in advance before the
Holiday is she requesting the flags be put up. Commissioner Wilsen stated she feels it would be
sufficient to have placement of the flags done a week before and removed a week after. She
further stated she would like to show respect for the flags because it does not look good to have
worn and tattered flags hanging
Commissioner Wilsen, seconded by Commissioner Johnson, moved that the
placement of flags be hung along Bluford Avenue a week before and removed a
week after the appropriate holidays. Motion carried 4 -1 with Mayor Vandergrift
opposing.
Commissioner Hood — None
Mayor Vandergrift — None
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F. CONSENT AGENDA
Commissioner Hood, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #10 as well as the changes made to Item #9.
Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting and Executive Session
Special Meeting Held June 21, 2011. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
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.
Approved on Consent. Motion carried 5 -0.
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.
Approved on Consent. Motion carried 5 -0.
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.
Approved on Consent. Motion carried 5 -0.
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.
Approved on Consent. Motion carried 5 -0.
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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.
Approved on Consent. Motion carried 5 -0.
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.
Approved on Consent. Motion carried 5 -0.
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.
Approved on Consent. Motion carried 5 -0.
9. Approval of 2011 Byrne Memorial Justice Assistance Grant (JAG) Application 2012 -
JAGC -1748 for $14,217.00 and 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.
Approved on Consent. Motion carried 5 -0.
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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.
Approved on Consent. Motion carried 5 -0.
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.
City Attorney Rosenthal read the title of the Ordinance.
City Attorney Rosenthal stated that an Attorney General Opinions was received raising a
question of the authority of the local government to adopt an ordinance in this particular area and
do more than designate the streets in upon which golf carts can be permitted. He further stated
he has spoken with the Police Chief and he feels staff would recommend that the Public Hearing
be continued so that they may get with the City Manager and also do more research. Since so
many other cities had adopted ordinances on golf carts they did not really do extensive research
on the legality on whether it could/could not be done so they really need an internal chance to
review this and come back with a recommendation. Commissioner Johnson inquired as to how
long this golf cart ordinance is going to be dragged out. City Attorney Rosenthal advised that
the Attorney General Opinion states that the subject matter has been preempted by the State
Legislature and that local governments do not have the authority to adopt these ordinances. He
further stated he has just read this opinion for the first time and the rationale behind this Attorney
General Opinion is the same rationale as the challenges to the city's red light camera ordinance
which did have a financial exposure for the city and is why he would at least like to have a
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City Commission Regular
July 19, 2011
chance to speak with the City Manager and come back to the next meeting with a
recommendation. Commissioner Johnson inquired as to when this opinion was done and why
are they hearing about this now. City Attorney Rosenthal stated they did not research or have
any red flags which would lead them to research whether or not this was a proper subject of
municipal regulations. It looked to them by reading the Statutes and in light of all the other
ordinances adopted by other cities that they were just following along the same path.
The Public Hearing was opened.
Glen Victor and Sandra Barnes with the Florida Safety Council addressed the Commission on
the possibility of conducting courses on golf cart safety. Commissioner Johnson inquired if the
courses were free. Mr. Victor answered that they strive to make the courses as affordable as
they can. Commissioner Hood inquired as to what the typical price is for a standard course.
Ms. Barnes stated that they look at many factors when pricing such as which instructor they use,
how many attend the class, and the length of the course. Mr. Victor interjected that one of the
.potential ideas that they tossed around was in the ball park of $15 -$20 a course. He further
spoke about the possibility of the Safety Council offering an internet training course. Ms.
Barnes briefly added that what she has found is that a lot of people treat golf carts as a toy and
not as they should be treated which is all the more reason they should be trained to drive a golf
cart so that other lives are not at risk. This is why they would like to work together with the city
and try to development some sort of a program to help educate people to drive safely when they
are driving a golf cart. Commissioner Wilsen inquired if they are familiar with any city that has
it written in their ordinance that certification is required. Mr. Victor stated no. Commissioner
Hood inquired if they have worked with any other municipalities. Mr. Victor stated no, he has
only worked with the different agencies such as resorts, golf courses, and retirement homes. Ms.
Barnes stated that the idea of golf carts being driven on city roads is something relatively new
and they see it becoming more and more common with other cities and towns with the price of
gas going up. Commissioner Wilsen inquired as to how many hours they would anticipate the
course to last. Mr. Victor stated the current course they offer is two hours and the one they are
developing for the internet is being proposed as an hour. Commissioner Wilsen commented
that that the city offers a lot of course such as the hand gun safety course and woman's defense
course so she if very interested because her concern is that some will treat the golf cart as a toy.
R.P. Monacky, 1820 Prairie Lake Blvd., inquired if the golf carts are to be used in a person's
own community or can they go to the shopping center. Police Chief Brown stated that the
designated speed limits will be 25mph and there are no connecting roads that get to the shopping
centers that are 25mph or below. He further stated if there was a private entrance in the
shopping center which is private property and they were to allow it; than it would be possible.
Mr. Monacky further inquired as to who really has the right -a -way on the road when a golf cart
is involved. Police Chief Brown stated he would have the same rights as a motor vehicle.
Anything that is a vehicle on the roadway has the right to the road.
Mayor Vandergrift announced the recommendation is to continue the public hearing to the next
meeting. Commissioner Johnson stated he will be out on vacation for the next meeting and he
would like to be here to vote on this so he is asking if they can put it on the August 16 meeting.
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Commissioner Wilsen stated she read some of the other golf cart ordinances that other cities
had and her concern is that they are requiring lights and our proposed ordinance only addresses
reflective warning devices in both the front and the rear. She further added our ordinance only
allowed driving a golf cart from sunrise to sunset and many people can get technical on as to
what sunrise and sunset is. Police Chief Brown stated that sunset to sunrise is the normal times
for headlights. A brief discussion ensued regarding the times allowed to drive a golf cart and the
requirements of headlights. Commissioner Johnson stated he would like to change the
requirements of the time currently proposed in our ordinance to state that there will be no
restrictions on hours of operation.
Commissioner Johnson, seconded by Commissioner Hood, moved to revise the
proposed ordinance to remove restriction on hours of operations and add
language to bring it into compliance with State Law regarding requirements for
night driving. Motion carried 4 -1 with Commissioner Wilsen opposing.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to continue the
Public Hearing to the August 16 Commission Meeting. Motion carried 5 -0.
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.
City Attorney Rosenthal read the title of the Ordinance.
City Planner Rumer briefly explained 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.
The Public Hearing was opened. As no one wished to speak the Public Hearing was closed.
Commissioner Hood, seconded by Commissioner Johnson, moved to adopt on second
reading, Ordinance 2010 -015 approving the Large Scale Comp Plan Amendment— 10
Year Water Facilities Work Plan.
Commissioner Keller inquired if it is known where they are with the county and the cities reclaimed
water efforts. City Manager Frank stated the latest comments from the County last Thursday are that
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City Commission Regular
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they are fairly close. The issue is the allocation of water in the future to benefit us in the CUP; we
should have a response back from them in the next few weeks. The only problem is we generally
respond quickly to them, and then wait a few months for them to respond.
Commissioner Keller stated he noticed they had a possibility of a fourth plant being put in place at
Forest Oaks. He further inquired if there was a proposed date for that. City Manager Frank stated he
believes he is referring to the additional skid at the plant which would increase their allocation of water.
He knows for this current CUP they have no intentions of doing that.
After a brief discussion motion carried 4 -0 with Mayor Vandergrift away from the dais.
The Ordinance as adopted on second reading carries the following title:
ORDINANCENO. 2010-015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, FOR THE PURPOSE
OF ADOPTING THE 10 -YEAR WATER SUPPLY FACILITIES WORK PLAN IN
ORDER TO COMPLY WITH CHAPTER 369, PART III, FLORIDA STATUTES;
AMENDING THE FUTURE LAND USE ELEMENT, THE SANITARY SEWER SUB -
ELEMENT OF THE INFRASTRUCTURE ELEMENT, THE POTABLE WATER SUB -
ELEMENT OF THE INFRASTRUCTURE ELEMENT, THE CONSERVATION
ELEMENT AND THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE
COMPREHENSIVE PLAN FOR THE PURPOSE OF IMPLEMENTATION OF THE 10-
YEAR WATER SUPPLY PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
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.
City Attorney Rosenthal read the title of the Ordinance.
City Planner Rumer briefly explained 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.
The Public Hearing was opened. As no one wished to speak the Public Hearing was closed.
Commissioner Hood, seconded by Commissioner Keller, moved to adopt on second
reading, Ordinance 2011 -007, approving the Large Scale Comp Plan Amendment -
Waste Water Facility Plan.
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Commissioner Keller raised the question about septic tanks and the fact that they are looking at getting
off septic and onto sewer. He further inquired if they would want to require going forward that sewer is
put in instead of septic. Commissioner Johnson stated that he feels one of the problems is that if sewer
is not available in the area than you cannot require it. City Manager Frank inquired if he is strictly
speaking of residential or commercial. Commissioner Keller answered mostly residential. City
Manager Frank stated he believes the subdivisions that they have reviewed in the past few years they
have agreed they can do that. All new homes have been on sewer for a long time; the only septic tanks
the city has approved in recent years are individual home septic tanks where sewer is not available. A
brief discussion ensued on septic tanks and the Wekiva Basin.
After a brief discussion motion carried 5 -0.
The Ordinance as adopted carries the following title:
ORDINANCE NO. 2011-007
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, FOR THE PURPOSE OF
ADOPTING THE WASTEWATER FACILITY PLAN IN ORDER TO COMPLY WITH
CHAPTER 369, PART III, FLORIDA STATUTES; AMENDING THE SANITARY SEWER
SUB - ELEMENT OF THE INFRASTRUCTURE ELEMENT AND THE
INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE
PLAN FOR THE PURPOSE OF IMPLEMENTATION OF THE WASTEWATER FACILITY
PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
14. 16th 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.
City Attorney Rosenthal read the title of the Ordinance.
City Planner Rumer gave a brief history and stated they are readopting this amendment and the
state review did not have any comments.
The Public Hearing was opened. As no one wished to speak the Public Hearing was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to adopt on
second reading, Ordinance 2011 -008, approving the Large Scale Comp Plan
Amendment — 16th Joint Planning Agreement Amendment. Motion carried 5 -0.
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July 19, 2011
The Ordinance as adopted carries the following title:
CASE NO. CPA - 2010 -005: SIXTEENTH JPA
COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2011 -008
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RESCINDING ORDINANCE
NO. 2010 -033; AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN
1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION
ELEMENT TO INCORPORATE THE SIXTEENTH AMENDMENT TO THE JOINT
PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE
COUNTY, FLORIDA; PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND
USE MAP (FIGURE 2) AND THE EXISTING LAND USE MAP (FIGURE 1) OF THE
OCOEE COMPREHENSIVE PLAN TO CONFORM TO THE SIXTEENTH
AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR
THE AMENDMENT OF THE EXISTING LAND USE MAP (FIGURE 1) TO CONFORM
TO ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT ORDINANCE
NUMBER 2010 -07 WITH RESPECT TO LANDS REFERENCED IN THE SIXTEENTH
AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
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 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.
City Attorney Rosenthal read the title of the Ordinance.
The Public Hearing was opened. As no one wished to speak the Public Hearing was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to adopt on second
reading, Ordinance 2011 -009, approving the Large Scale Comp Plan Amendment - Past
Joint Planning Agreement Amendments and Future Land Use Plan Clean Up. Motion
carried 5 -0.
The Ordinance as adopted carries the following title:
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City Commission Regular
July 19, 2011
CASE NO. CPA - 2010 -006: 2010 UPDATE
COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2011-009
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RESCINDING ORDINANCE
NO. 2010 -034; AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN
1991, AS AMENDED; AMENDING THE INTERGOVERNMENTAL COORDINATION
ELEMENT OF THE COMPREHENSIVE PLAN TO ADD THE FIFTH THROUGH
FIFTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT
BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; AMENDING
THE FUTURE LAND USE ELEMENT TO REFLECT THE FIFTH THROUGH
SIXTEENTH AMENDMENTS TO THE JOINT PLANNING AREA AGREEMENT;
AMENDING 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
SEPTEMBER 2002; AMENDING THE EXISTING LAND USE MAP (FIGURE 1) TO
CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS AMENDED, AND
TO REFLECT SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS AND
ANNEXATIONS SINCE JANUARY 2001; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
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 defmition 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 defmition 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.
City Attorney Rosenthal read the title of the Ordinance.
The Public Hearing was opened. As no one wished to speak the Public Hearing was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to adopt on
second reading, Ordinance 2011 -010, approving the Large Scale Comprehensive Plan
Amendment for Text Amendments. Motion carried 5 -0.
The Ordinance as adopted carries the following title:
CASE NO. CPA - 2010 -007:
COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2011-010
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RESCINDING ORDINANCE
NO. 2010 -035; AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN
1991, AS AMENDED, BY AMENDING THE DEFINITION OF FLOODPLAINS, BY
AMENDING OBJECTIVE 3 OF THE CONSERVATION ELEMENT WITH RESPECT
TO FLOODPLAINS AND BY AMENDING THE PUBLIC PARTICIPATION ELEMENT;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
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City Commission Regular
July 19, 2011
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 12th and 21st. Hearings will begin at 6:00 p.m.
Finance Director Horton stated that introduced the items and advised the staff
recommendations for budget meeting dates.
Mayor Vandergrift, seconded by Commissioner Hood, moved to set the Budget
Workshops for August 8 and 17, 2011; and to set the Budget Public Hearings for
September 7 and 21, 2011. All meetings to begin at 6:00 p.m. Motion carried 5 -0.
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.
City Manager Frank stated that as required every year the City has to send a proposed tentative
millage rate in July. Staff is recommending the millage rate which corresponds to the maximum
rate which can be approved by a simple majority vote of the Commission which is 6.9239 mils.
The rolled back rate will be 5.9455; the budget is currently balanced at 5.7900. This year's
millage rate was 5.5574. Mr. Frank further stated that staff recommends a proposed tentative
millage rate of 6.9239, we can lower that rate at any point, but any increase over the rate would
require a notification to every resident by first class mail.
Commissioner Keller, seconded by Commissioner Hood, moved to set the
proposed tentative millage rate for FY2012 at 6.9239 mils. Motion carried 5 -0.
I. STAFF ACTION ITEMS
None
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City Commission Regular
July 19, 2011
J. COMMENTS FROM COMMISSIONERS
Commissioner Hood — 1) inquired about the flooding of two lots at Forestbrooke that occurred
during heavy rains due to water run off of the expressway property. City Engineer Wheeler
stated that the state has been working diligently on it; they were supposed to be finished in two
weeks, but it has been three already. There was five inches of rain in 75 minutes. He followed
up with the two residents and kept them in contact with the Expressway Authority and Progress
Energy. The sod has been placed and they made the swale deeper than what was proposed to
prevent future occurrences. 2) reminded everyone to not forget to support the Little League
Seniors on Friday night at South Orlando Little League.
Commissioner Johnson — inquired about the drainage and flooding issues at Villages of
Wesmere. City Engineer Wheeler stated that the proposed plans for drainage improvements
were approved today; the contractor will be submitting for permit application. The contractor is
getting prices together and they have been told to keep residents notified as to when the work
will start, but it should be very soon. Commissioner Johnson also asked about the plugs in the
drains causing slow drainage. Mr. Wheeler stated that is the requirement of Federal & State
Government to keep from polluting the stormwater system; the contractor /developer is supposed
to keep those maintained. That area received an excessive amount of rain. 2) asked about the
land between the railroad tracks and homeowners along Kissimmee by the old water tower; there
are two huge oak trees, one is dead and one appears to be dying. It is the second house on the
left coming from Cumberland (south of Cumberland). Public Works Director Krug said he
believes the trees are in a right of way, he will look into it. They checked it out previously and if
they are the city's responsibility we will probably have to contract it out because of the size of
the trees.
Commissioner Wilsen — 1) thanked Public Works for the two traffic calming devices on
Montgomery and stated they look very good. 2) announced that the Redistricting for state,
senate, and house districts is underway. A meeting will be held on July 27, 2012 at the Bob Carr
Performing Arts Center. For more information visit the website at
www.flsenate.gov /redistricting. Commissioner Hood stated he has spoken with Scott Boyd
about this and was told that his district will probably not include Ocoee when this process is
complete.
Commissioner Keller — 1) stated that they did get a notification that the stop sign on Wurst
Road has to come down; we may need to look into that to see if they would like to put a turn lane
or explore other options 2) stated Kensington Manor had some run -off issues which were taken
care of, but asked about the silt and sand issues. Public Work Director Krug stated that from
what he has seen the pond did its job at collecting sediment from the subdivision. With the sock
drain system (underdrain) not connected to the inlets, he does not feel the stuff that was in the
pond could have come from the underdrain system as they had claimed. He has been in contact
with residents and explained that; they are still working out details to get that finished. 3)
thanked Public works staff for getting the road closure barricades out for 4 of July.
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City Commission Regular
July 19, 2011
Commissioner Johnson — stated that the Ocoee High School Football team needs money to take
the team to Jacksonville. They need to raise $1200 and he would like to give them a $500 grant.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve a
$500 grant to Ocoee High School Football team for training in Jacksonville.
Motion carried 5 -0.
Commissioner Wilsen stated that the Community Grant Review Board (CGRB) is currently
accepting applications and she is encouraging these groups to use this board to do the job that
they are there to do. Commissioner Johnson said the problem he has with that board is some
outside organizations are getting money and it needs to stay in the City. Discussion ensued about
possible reviewing the guidelines for that board. She added that if we move forward with the
Golf Cart Ordinance, it may be a good way for citizens to get money from the CGRB to take the
course and non - residents would have to pay. City Manager Frank stated we should be able to
get someone trained to hold the Golf Cart Training Courses in- house.
Mayor Vandergrift — 1) stated he received a call regarding a lift station in Cross Creek that
backs up to Key Isle apartment complex (west side backing up to the shopping center); we are
supposed to be doing some above ground maintenance for the grass overgrowth. He asked staff
to look into that. City Manager Frank confirmed that it is a weed issue.
ADJOURNMENT
The meeting was adjourned at 9:02
APPROVED:
Attest: City of Ocoee
- 046: ' "7 • ikenberry, City Clerk I S. Scott Vandergri , ayor y
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