11-15-11 MINUTES
OCOEE CITY COMMISSION MEETING
November 15, 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 Hood. 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
Business Community Workshop Update. (Assistant City Manager Shadrix)
Assistant to the City Manager Shadrix gave a brief update on the meeting held with local area
businesses held on October 19, 2011. The meeting was well received as evidenced by the turnout
and participation of the business owners. The two objectives of the meeting were to identify from
the business owners what they want the city to do for them to have a more profitable economic
environment and what they can do for the city. Business owners suggested some ways the city
can help them which included the forming of a business community association, advertising on
the city website and Ocoee TV, finance incentives, small directional signs, crime reduction
prevention, city government to select local business more when awarding bids, new business
welcome packages, consistency in code enforcement. Ways local businesses suggested they can
assist the city are by improving landscaping of their business, promoting cultural arts, forming a
business advisory committee, and more meetings with city government to promote economic
development.
Staff will continue researching the use of gateway signage and establishing a common theme
throughout the city, and the use of software tools that will allow business to set up a micro
website from the city website. It is also recommended that another meeting with the business
community be held in mid - January.
Commissioner Hood inquired if there is currently a score being used for local business provider
and if not can we make it a grading priority immediately. Assistant City Manager Shadrix
stated it varies by RFP and how it is weighted. City Manager Frank stated from past
experience it is not cohesive with regionalism and could be more detrimental to businesses as
other cities implement the same type of selection process. Commissioner Hood stated he does
understand regionalism but in recent years municipalities and governments require a grading
system for local business provider to energize economic development. Mayor Pro Tem Wilsen
stated that on the current RFP for towing the first item is vendor location. Commissioner Hood
said he thinks it should be recognized that the business is within the city. Commissioner
Johnson stated they have discussed this several times in the past and have never acted on it. City
Attorney Rosenthal stated typically a policy adopted by the governing body as a resolution or
ordinance to set forth the appropriate guidelines; he further suggested more research in other
jurisdictions prior to moving forward. Mayor Vandergrift asked that staff do further research on
this type of policy and report back to the commission in January.
City Commission Regular
November 15, 2011
Mayor Pro Tem Wilsen inquired about current contracting with a company that will allow
linkage to local business. Assistant City Manager Shadrix stated that contract does not relate to
this topic as it was for advertisement and video production. Pro Tem Mayor Wilsen asked for
an update report to the commission on the progress of the current contract.
Presentation on Haunted House Event.
Parks and Recreation Director Hayes gave report on the haunted house event stating its
continued success as evidenced by the participation numbers; 2,375 haunted house attendees,
1735 haunted walk attendees, collection of 430 perishable food items which have been donated
to Christian Service Center, and $2800 in cash proceeds collected. He further thanked the many
people who volunteer to make the event successful Commissioner Hood and his wife, Mindy
Johnson, Mary Barber, Jane Rainer, along with 25 staff members which included those present:
Mark Johnson, Dan Abdo, Sean Gleason, Keith Hendrix, Desiree McKenzie, Mark Marchant,
Jen Sills, Margie Rivera, Steven Tucker, Michele Ellis.
Presentation on Impact Fee Review. (City Planner Rumer)
City Planner Rumor discussed the collection of Impact Fees for Transportation, Police, Fire,
and Recreation for Residential and Commercial construction; he stated staff took a look at
commercial impact fees for new construction only. He stated the transportation fees we collect
are used to make bond payments for the construction of Clarke Road and Maguire Road. Mayor
Vandergrift asked for clarification on paying back bonds with impact fees. City Manager
Frank stated that the Police, Fire and Recreation Impact fees are also being used to pay back
debt service from such construction as the old police station, the fire station, and the Beech
Center. City Attorney Rosenthal stated the impact fees are not a primary pledge on any of the
financing because lenders typically don't accept that, but it is a source the city can draw on to
avoid using general fund monies. Planner Rumer reviewed impact fees for Orlando, Orange
County, and Winter Garden. Orange County and the City of Orlando implemented a 25% across
the board reduction. He said Winter Garden adopted a revised impact fee study in January 2010
with fee reductions, and includes an additional 3% reduction if they pay impact fees at the time
of permitting. In Ocoee, we have allowed developers to hold off and pay impact fees at the time
of Certificate of Occupancy (CO). He reviewed impact fees in all four government entities. He
said Ocoee is seeing over 200 building permits per year, with Arden Park South, Ingram Estates,
McCormick Woods, and Prairie Lake, we should be in the high 200s next year. He showed a
chart that Ocoee's impact fees for fast food restaurants is lower than others, but in the Fine
Dining & Restaurants category we are much higher. That is an area they would like to target.
Retail Under 50,000 square feet, we are the lowest impact fees even considering the reductions
made by the other entities. Winter Garden is currently doing an analysis of the SR 535 corridor
and will have completed an entire impact fee study by the end of 2012. Commissioner Johnson
asked why the developers of Retail Projects are complaining we are higher than others when our
chart shows we are lower. Mr. Rumer stated there are plan review fees, water and sewer capital
fees, etc. that drive the costs up. Commissioner Wilsen asked to go back to the slide regarding
office buildings; Mr. Rumor said office, medical /dental, etc. are target uses. Commissioner
Johnson said the medical /dental impact fees are something that needs serious consideration
because of all of the business opportunity around the hospital expansion. Commissioner Hood
agreed. Commissioner Wilsen stated residents are wondering why businesses are not building in
Ocoee. City Manager Frank explained that these fees cannot be reduced per category; it would
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November 15, 2011
have to either be an across - the -board impact fee reduction OR complete a new study to create a
new methodology. Mayor Vandergrift suggested holding the payment of impact fees for three
months. He stated the Impact Fees were put in place because cities could not keep up with the
rapid construction, but that is not happening anymore.
There was discussion about various options such as moratoriums on impact fees, reductions,
amortized payment plans, etc. City Attorney Rosenthal cautioned that if an Impact Fee is
amortized past the time of CO, there could be an issue with collection because you cannot lien
the home of the person who purchased it. Commissioner Johnson suggested they could require
a bond; that would solve that issue. Commissioner Hood said that would be an added expense
to get a bond. He also added that it would be a problem if businesses were not going well and
they fold up and leave town without ever paying Impact Fees; the bond would solve that
problem. Mayor Vandergrift and Commissioner Hood agreed that if they had this information
sooner they could have asked many of these questions before the commission meeting.
R.P. Monacky, 1820 Prairie Lake Blvd., spoke in favor of giving reductions, not payment plans.
Planner Rumor stated that if they did a moratorium for six months, we would probably be
looking at only big box stores etc. that could take advantage of that. He stated staff would like
the commission to consider a three tier plan 1) eliminate /reduce the 1% Plan Review Fees (1/2
under fire and 1/2 under building), 2) ad valorem tax abatement program, and 3) new impact fee
study in six months.
The consensus of the commission was that the city needs to move faster to get something done
now; this plan would take 4 -6 months to implement. Commissioner Keller agreed that we
cannot determine what needs to be done without a study and we should get the process done as
soon as possible. That would put us in line with the other three entities as far as the
implementation of reduced fees. He added we still need to do an immediate fix until the results
of the study are in.
Sal Maiwandi, Commercial Developer, stated that the City needs to decide whether they want to
collect impact fees or bring business into the city. If no new businesses want to build here; there
will be no impact fees to collect. He said the city should consider something bold right now.
Commissioner Hood said they cannot forget the purpose of the impact fee; if we eliminate the
impact fee that cost of the new construction impact will fall back on the taxpayers. He said he is
in favor of amortizing the Impact Fees over a period of time. Mr. Maiwandi showed a
newspaper article stating that Osceola County stopped collecting Impact Fees and development
increased by 145 %.
Commissioner Johnson said we need an Economic Development person such as Winter Garden
and Apopka, etc. People are asking why we have no good restaurants. Commissioner Hood
added that Yoshi Japanese Restaurant is a very nice new business in Ocoee; it is located in the
Old Time Pottery shopping center. There was discussion about directing staff to come back with
a written report within three months. Mayor Vandergrift stated that since the wild growth no
longer exists, we may need to consider looking at our reduced needs for improvements; there are
many areas that do not have impact fees. City Attorney Rosenthal stated if you wish to select a
category such as restaurants, you would have to do an entire new study. You cannot pick and
choose categories without undermining the original study.
Commissioner Johnson inquired if we could allow a developer to come to the commission and
request six month abatement of the Impact Fees, could we do that legally? City Attorney
Rosenthal stated the language in the Code may conflict a little, but he thinks they would have
the broad discretion to work out a payment plan. He cautioned that once you start that on a
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November 15, 2011
piecemeal basis, it could get difficult. Commissioner Hood said he does not care about looking
at them on a case by case basis if it means they are going to bring new business to the city.
Commissioner Wilsen said there needs to be some guidelines in place so all businesses will
have the same opportunities.
Commissioner Johnson made a motion to allow developers to come before the
commission to make a case for reduction or amortization of impact fees. Motion
died for lack of second.
City Attorney Rosenthal suggested if they wish to do something like that, they have staff bring
back something structured in writing and it should be approved by the bond council to make sure
we are not violating bond covenants associated with our financing.
Commissioner Keller, seconded by Commission Johnson, moved to have staff
bring back a resolution or plan to make immediate changes allowing developers
to come before the commission with regard to reduction and /or amortization of
impact fees; additionally to begin a new study as soon as possible to review
changes to the various categories of impact fees.
There was discussion with regard to how soon changes could be implemented. Commissioner
Wilsen added that we need a clear defined plan on reviewing individual requests for reduction or
amortization of impact fees. Commissioner Keller said if staff can develop a plan that would
have developers go through staff and then come before the commission with a request for a
reduction or amortization of the impact fees. We also need to move forward with the study so
we can make a better long term plan for changing the impact fee categories.
Assistant City Manager Shadrix reminded them that the multi model transportation study will
be completed in January and will inform the outcome of a Transportation Impact Fee and future
fees will be set by the outcome of that study. There will be a Fiscal Impact analysis brought back
to you regarding any policy that you create. You have options tonight do due a percent reduction
or a moratorium that could be implemented immediately. Mayor Vandergrift said whatever we
decide, we need a financial analysis on how is it going to affect our budget. Commissioner
Hood said by the time someone goes through the design and application process, the moratorium
would be lifted and therefore a short term moratorium would not encourage new business; those
who would benefit would only be the ones already in the process. He stated that there are many
things that need to be considered with these changes.
City Attorney Rosenthal said the one thing the City Planner Rumor did state that you could
do right away is to eliminate or reduce the 1% Plan Review Fee which to his understanding has
been a source of complaints that Ocoee is higher than other jurisdictions.
Amendment
Commissioner Keller, seconded by Commission Hood, moved to amend the
original motion to include the elimination of the 1% Building and Fire Plan Review
Fee.
Discussion followed with regard to the implementation of that necessitating an amended
ordinance and public hearing which will delay the process. City Manager Frank stated they
could consider adopting the ordinance in January but allowing the implementation of the change
retroactive back to today's date.
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Vote on amendment:
Motion carried 3 - 2, with Commissioner Johnson and Mayor Vandergrift opposed.
Amendment to the Amendment
Commissioner Keller, seconded by Commission Hood, moved to amend the
amendment to include that the elimination of the 1% Building and Fire Plan
Review Fee be adopted by Ordinance at a Public Hearing in January and made
retroactive back to November 15, 2011. Motion carried 5 -0.
Vote on original motion, as amended:
Commissioner Keller, seconded by Commission Johnson moved to have staff
bring back a resolution or plan to make immediate changes allowing developers
to come before the commission with regard to reduction and /or amortization of
impact fees; additionally to start a new study as soon as possible to review
changes to the various categories of impact fees; additionally to hold a public
hearing in January, amending the ordinance with regard to the 1% Building and
Fire Plan Review Fees, by eliminating such fees beginning on the retroactive date
of November 15, 2011. Motion carried 5 -0.
Presentation from the Women's Club
Teresa Lemons, President of the Ocoee Women's Club, addressed the commission. On behalf
of the Lions Club and the GFWC Women's Club of Ocoee, she thanked the commission for their
support regarding Patriot's Day. Although the turnout was not as great as they had hoped it
would be, the two clubs had a great time honoring the community's veterans.
Ms. Lemons said the Women's Club is part of a national initiative called Wreaths Across
America. She said that the club is seeking 12 -inch artificial or live Christmas wreaths to place
on 147 veteran sites at the Ocoee cemetery. The wreaths and ribbons will be placed on the
gravesites on December 8` This is also taking place at the National Cemetery at Bushnell.
2) said the Women's Club is hosting a fundraiser on Friday, November 18 at 7 p.m. It is a
Scentsy party; Scentsy is a safe alternative to scented candles. Refreshments and prizes will be
free; the event is free to the public; 3) thanked the Assistant City Manager Craig Shadrix for the
presentation that he made to the Women's Club members a couple of weeks ago. The topic of
the presentation was the economic development and growth of the City. A potluck meal
followed the presentation. Regarding the roof repair to their clubhouse; 4) said that they are
finalizing bids for review by their executive board members. The club expects to have
information about the matter to submit to the commission before the end of the year. 5) brought
with her copies of the club newsletter for distribution; 6) acting on behalf of the Women's Club,
made a donation of $100 to the Ocoee Police Department's Toys for Needy Children Program.
Commissioner Wilsen asked Ms. Lemons about the placement of wreaths at the Ocoee
Cemetery; she asked if there was a place where donations could be sent to help defray the costs.
Ms. Lemons stated the Women's club is accepting donations as well as the 12 -inch wreaths and
it can be sent to the Women's Club of Ocoee, P.O. Box 953, Ocoee Florida, or they can email
her at owcteresa @aol.com for more information. Additionally, if anyone is interested in
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November 15, 2011
purchasing a wreath for the Bushnell cemetery, the cost is $15 per wreath. For every 2 or 3
wreaths purchased, another will be donated. The deadline is the end of November.
Commissioner Wilsen commented that there are probably many people who would like to have
a wreath placed but were not aware of this program, and $15 is reasonable. Ms. Lemons stated it
is a National drive; the Florida National Cemetery at Bushnell has about 4000 sites that receive
wreaths. She stated for 20 years every site at the Arlington Cemetery has received wreaths and
their goal is to do the same thing for the Florida National Cemetery at Bushnell. Commissioner
Wilsen said she would like to challenge her other Commissioners to send $15 for a wreath to the
Women's Club. President Lemons stated she is pleased to announce that Commissioner Wilsen
has recently become a member of the Women's club. Commissioner Johnson asked for
clarification on what the donation was for; Mayor Vandergrift stated the $15 will purchase a
wreath to be placed at the National Cemetery in Bushnell, Florida. Some of the commissioners
made donations to the fund and gave their money to Ms. Lemons on behalf of the Women's
Club.
C. COMMENTS FROM CITIZENS /PUBLIC- none
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced two emergency items:
EMERGENCY ITEM
Special Event Request for Road Closing - Ocoee Lions Club Christmas Parade.
Mayor Vandergrift declared the emergency item.
Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the road
closures for the Ocoee Lions Club Christmas Parade. Motion carried 5 -0.
EMERGENCY ITEM
Approval of the 3 Year Collective Bargaining Agreement Between the City and IAFF.
Commissioner Johnson asked if the agreement covered the items as previously discussed. City
Manager Frank commented it was the items previously discussed.
Mayor Hood, seconded by Commissioner Johnson, moved to approve the three
year collective bargaining agreement between the city and international
association of firefighters. Motion carried 5 -0.
Mayor Vandergrift commented that he will approve but would like more time to review the
items prior to the meeting. City Manager Frank stated the item could have been on the next
agenda but, it was a timing issue and was presented as soon as it was received.
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E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood — 1) announced Ocoee's Peewee Cheerleading group won first place in the
metro competition. The group will be going to the regional competition the Friday after
Thanksgiving. They will be performing at 5:30 p.m. at the Silver Spurs Arena. Doors open at
2:00 p.m. They have asked for a monetary donation. Commissioner Wilsen reminded the
commission that they had decided that requests for donations would be handled by the
Community Grant program.
Commissioner Hood, with a second by Commissioner Johnson, moved to donate
$500 to Ocoee's Peewee Cheerleaders. The motion carried 4 -1 with
Commissioner Wilsen opposed.
2) announced that the Women's Club will be having a fundraiser on November 18 They will
be selling scented candles. The money will go to a good cause. Ocoee High finished their
season with a loss from Winter Park High by one point. Soccer is starting now with a game
tonight. Basketball will be starting shortly.
Commissioner Wilsen explained her position on the donation request. She believes that the
previous action broke the rule that they had previously agreed to. Commissioner Johnson said
they have to look at everything on case by case rather than apply a blanket rule all of the time.
Commissioner Johnson 1) said Founders' Day turned out great. They will bring back a
presentation and recognize those that helped out in January. Further discussion ensued.
Commissioner Wilsen commended Commissioner Johnson for all of his hard work with the
event. She stated it is always a top notch event that the city can be proud of.
Commissioner Keller — 1) wished all a Happy Thanksgiving 2) agreed that Commissioner
Johnson and staff did a tremendous job with Founders' Day 3) read the following announcement:
An election will be held Monday, January 31, 2012, in the City of Ocoee for the purpose of
electing the two City Commissioners for three year terms, one (1) Commissioner from District
Two and one (1) Commissioner from District Four. Candidates for these offices must qualify by
filing qualifying papers and fees with the City Clerk during regular office hours (8:00 a.m. to
5:30 p.m.) which began noon yesterday November 14, 2011, and ends at noon Monday,
November 21, 2011. Qualifying will take place in the City Clerk's Office at Ocoee City Hall,
150 North Lakeshore Drive, Ocoee, Florida. The fee for qualifying for the office of
Commissioner is $90.00. Mayor Vandergrift asked if anyone had qualified for the seats. City
Clerk Eikenberry replied that the two incumbents had qualified so far.
Mayor Vandergrift — 1) read an announcement about the Lake Apopka Restoration Summit
which will be hosted by Senator Allen Hayes and Rep. Bryan Nelson on Wednesday, December
14th, from 8 a.m. to 6:00 p.m. at Lake Sumter Community College Clermont campus, Building
1, Community Room. The purpose of the meeting is to answer the question: "Where do we go
from here ?" The mayor asked if a staff member, at the very least, could attend the summit. The
city manager answered that they were looking at that event and that a staff member would be
attending. 2) congratulated those who worked on the Haunted House and Founders' Day, both
were excellent events.
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F. CONSENT AGENDA
1. Approval of Minutes for the Regular Commission Meeting Held November 1, 2011.
(City Clerk Eikenberry)
Approved on consent. Motion carried 5 - 0.
2. Approval of Election Contract between the City of Ocoee and the Orange County
Supervisor of Elections Office for the January 31, 2012, Municipal Election and
possible Run -off Election on March 13, 2012. (City Clerk Eikenberry)
The Orange County Supervisor of Elections Office submitted a contract for the January 31, 2012, General
Municipal Election, in which the City of Ocoee will piggyback with the Presidential Preference Primary
Election. The 2012 Vote Processing Equipment Use Agreement and Elections Services Contract for Municipal
Elections include affiliated costs in the event of a Run -off election on March 13, 2012. No financial impact for
the General Election due to piggybacking with Presidential Preference Primary.
Approved on consent. Motion carried 5 -0.
3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human Relations
Diversity Board has seven (9) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. One application was received from Ms. Michelle Turner with an interest in serving
on the board.
Approved on consent. Motion carried 5 -0.
4. Approval of 2011/2012 Budget Vehicle /Equipment Purchase. (Public Works Director
Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's
annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs
Association continues to provide the lowest competitively bid pricing.
Public Works recommends approval to purchase the vehicles from the Florida Sheriffs Association annual
contract based on the 2011/2012 published pricing. Vehicles and equipment that are being replaced will be
declared surplus and auctioned.
Approved on consent. Motion carried 5 -0.
5. Approval to Purchase New Police and Heavy Truck Tires and Sole Source Heavy Truck
Tire Recapping. (Public Works Director Krug)
The Fleet Division budget for Fiscal Year 2011/2012 includes the replacement of Police vehicle tires and heavy
truck tires. The City has researched pricing and found Boulevard Tire Center provides the lowest pricing
available through the Florida Department of Management Services Contract No.: 863 - 000 -10 -1 and the Florida
Sheriffs Association's annual contract No.: 11/13 -05 -0120 for new Police tires and new heavy truck tires. The
majority of the heavy truck tires replaced during the year are for the Sanitation Division's fleet.
Approved on consent. Motion carried 5 -0.
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6. Approval of Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with Classic Smiles, LLC. (City Engineer Wheeler)
Classic Smiles is a small scale commercial development located at 2679 Maguire Road, adjacent to the City's
reuse pumping facility. The developer has completed construction of their building and related infrastructure
improvements and has requested a Certificate of Completion. The infrastructure improvements that are being
dedicated to the City are a gravity sanitary sewer, lift station, and fire hydrant. As a requirement of the Land
Development Code, the developer is required to furnish the City a surety to cover any possible damages
discovered during the next two years, should the developer not choose to make those repairs. Classic Smiles
has provided the City with a check in the amount of 10% of the constructed improvements. The Maintenance,
Materials, and Workmanship Escrow Agreement acts as the executable document between the developer and
the City in the event that the surety is monetary. The surety will be returned to the developer upon completion
of the two -year warranty period and the repair of any damages caused over that two year period.
Approved on consent. Motion carried 5 -0.
7. Approval of Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with Rock Ventures LLC for the West Road
Commercial Subdivision. (City Engineer Wheeler)
West Road Commercial Subdivision is a three lot commercial development located at the southeast corner of
the intersection of Ocoee - Apopka and West Roads. The Rock Ventures LLC, the developer has completed
construction of the overall site infrastructure improvements and has requested a Certificate of Completion. The
infrastructure improvements that are being dedicated to the City are an extension of the reuse distribution
system. All identified punchlist repairs have been completed and the developer is ready to start the two -year
warranty period.
As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover
any possible damages discovered during the next two years, should the developer not choose to make those
repairs. Rock Ventures has provided the City with a check in the amount of 10% of the constructed
improvements. The attached Maintenance, Materials, and Workmanship Escrow Agreement acts as the
executable document between the developer and the City in the event that the surety is monetary. The surety
will be returned to the developer upon completion of the two -year warranty period and the repair of any
damages caused over that two year period.
Approved on consent. Motion carried 5 -0.
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8. Approval for Award of RFP #11 -002 City Wide Wrecker Towing Services. (Purchasing
Agent Tolbert)
The City has been using various towing companies on a rotational basis for the wrecker towing services for
public roads and City vehicles. However, the public was being charged different rates and the rotation list was
increasing creating the need for additional staff time to verify new companies and for tracking purposes. The
estimated current annual towing charges for the public roads is $130,000 (approx. 740 tows annually) and the
approximate current annual cost for City vehicles is $10,000 (approx. 85 tows annually) for a total of $140,000.
However, this contract would provide for the towing of City vehicles at a reduced cost, with no charge for Class
A (up to 10,000 pounds) vehicles. With this contract, the public will be charged across the board rates at
reduced costs. The public RFP selection committee meetings were held on October 13, 2011, and November 2,
2011, with the Selection Committee evaluating and short - listing the firms on specific evaluation criteria,
conducting interviews with the respondents, and individual inspections of the towing companies' facilities. This
selection committee chose one vendor, The Car Store, to be responsible for the wrecker towing services for the
City including subcontracting out any work necessary to meet the time requirements, as long as the City is
invoiced through The Car Store at the contracted rate. However, the City will reserve the right to use another
vendor should The Car Store fail to perform for whatever reason.
This item was pulled from the agenda per staff recommendation.
City Manager Frank explained we received a formal protest over the bid process and the City
Attorney advised that we should postpone the bid award until the protest was evaluated.
Commissioner Johnson asked why the commission was not notified that this is going out for
bid.
9. Approval of CenturyLink Phone System Upgrade. (Information Systems Manager
Ross)
The City's phone system, originally purchased in 1999 and upgraded in April 2007, is no longer supported by
the manufacturer, nor does it support the new phone models for expanding the system to reduce operating costs
or increase functionality. To regain manufacturer support and allow expansion, the 2012 Fiscal Year budget
includes $60,000 for upgrades. This multiphase upgrade project includes replacement of hardware (City Hall,
Police headquarters, fire stations, Utilities, and Public Works), upgrading the phone system software to the
latest versions (City Hall, Utilities, and Beech Recreation Center), and replacing specific desktop phones. The
Last phase will consist of replacing hardware on the data network to support the new phones. The quote
includes a special promotion by the manufacturer that provides free upgraded hardware for two pieces of the
phone system (a $3,800 savings) if the entire project is purchased by November 30, 2011. The City currently
has a maintenance contract with CenturyLink to provide local support and routine maintenance on the phone
system.
Approved on consent. Motion carried 5 -0.
10. Approval of Amendment No 2 To City of Ocoee Services Two Phase Agreement with
American Traffic Solutions, LLC Pertaining to Red -light Running Camera
Enforcement System. (Police Chief Brown)
The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The
disregard of traffic control signals within intersections poses a threat to all citizens who travel our roadways.
The current contract with American Traffic Solutions (ATS) expires in December 2, 2011. The City of Ocoee
and the Contractor desire to extend the term of the Agreement for an additional three (3) years, with the option
of the City, in its sole discretion, to further extend the term of Agreement for an additional two (2) years.
Accordingly, following execution of this Agreement the term of the Agreement shall expire and terminate on
December 2, 2014, subject to further extension as provided in Agreement.
Approved on consent. Motion carried 5 -0.
11. Approval of "All In Campaign" Resolution as presented by Dick Batchelor at the November 1,
2011, Commission Meeting. (Assistant to the City Manager Shadrix)
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The City Commission heard a presentation at the Commission Meeting on November 1, 2011, and directed staff
to bring back the resolution supporting the "ALL IN" Campaign for consideration.
This Item was from the Consent Agenda and heard separately.
City Attorney Rosenthal read the title of the Resolution.
Approved on consent. Resolution No. 2011 - 012 Motion carried 5 - 0.
G. FIRST READING OF ORDINANCE
12. Martinez (9051 A.D. Mims Road). (Second Reading and Public Hearing scheduled for December 6,
2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre)
The subject property is located on the south side of AD Mims Road and approximately 240 feet west of Johio
Shores Road. The Planning and Zoning Commission reviewed the proposed Martinez Property annexation and
initial zoning on November 8, 2011. City Staff presented a brief summary and overview of the requested
actions. After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning
Agency, voted unanimously to recommend approval of the Annexation of the +1 -3.19 acres parcel of land
known as the "Martinez Property" with an Initial Zoning classification of "R -1AA ".
a. Annexation Ordinance
City Attorney Rosenthal read the title of Annexation Ordinance No. 2011 -020. Mayor
Vandergrift announced that the second reading and Public Hearing will be heard on
December 6, 2011.
b. Rezoning Ordinance
City Attorney Rosenthal read the title of Rezoning Ordinance No. 2011 -021. Mayor
Vandergrift announced that the second reading and Public Hearing will be heard on
December 6, 2011.
13. Adoption of an Ordinance Imposing a Temporary Moratorium on the Opening of New
Internet Cafes / Simulated Gaming Devices. Second Reading and Public Hearing is scheduled for
December 6, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Chief Brown)
Internet cafes have become a trend, offering "pay -to- play" devices similar to casino -style slot machine
computers with sweepstakes and chances to win cash and prizes. Internet cafes essentially skirt state gambling
prohibitions by describing their operations as pre - determined sweepstakes which for the user is the game of
gambling. These simulated gaming cafes have large amounts of cash on site and stay open late, thus are
inviting targets for crime. In April 2011, a cafe near Apopka was robbed by armed men, gunfire was
exchanged, and one person was killed. Virtual gambling victimizes and preys upon those with gambling
addictions and those in our community who can least afford losing rent and food money to the lure of
sweepstakes and easy winnings. In January of this year, Seminole County banned such activity citing an
increase in crime correlating with the opening of nine such cafes. An ordinance imposing a temporary
moratorium on the opening of new Internet Cafes / Simulated Gaming Devices will allow staff to study and
report to the Mayor and City Commission on issues relating to Internet cafes by a date certain.
City Attorney Rosenthal read the title of the Ordinance on first reading. Mayor Vandergrift
announced that the second reading and Public Hearing will be heard on December 6, 2011.
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November 15, 2011
H. SECOND READING OF ORDINANCE - PUBLIC HEARINGS
14. Adoption of Ordinance Repealing Ordinance 2005 -017 and Subsequent Amendments
and Restating the Personnel Rules and Regulations in its Entirety. (Advertised in the
Orlando Sentinel on Sunday, November 6, 2011). (Human Resources Director Williford)
The ordinance providing for the PRR's has not been amended since 2007. The city manager has requested the
human resources director complete the draft revisions of the PRR's. This revision of the PRR's is a
comprehensive edit and includes some new provisions. These were discussed with the department directors for
review, input and revisions.
City Attorney Rosenthal read the title of Ordinance No.2011 -022
Human Resources Director Williford recapped the item. He stated the change suggested by
the Personnel Board with regard to educational reimbursement had been removed and the
reimbursement will remain 100% for an A, B, or C grade.
Commissioner Johnson asked if those provisions covering PTO accruals were retroactive to
October 1 st
Consensus of the Commission was that Section 9 -12 PTO Accrual- Pension, and any other
section that addresses PTO accruals and increase in PTO time should be retroactive back to
October 1, 2011. The Section that addresses general employees is Section 9 -6 Accrual of Leave.
Commissioner Johnson, seconded by Commissioner Keller moved to adopt
Ordinance 2011 -022 on second reading, repealing Ordinance 2005 -017 and
approving Exhibit A Personnel Rules and Regulations and including the
provisions of Sections 9 -06 and 9 -12 regarding PTO Accruals be retroactive back
to October 1, 2011. Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2011 -022
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING
TO PERSONNEL RULES AND REGULATIONS; REPEALING
ORDINANCE NUMBER 2005 -017 AS IT MAY HAVE FROM TIME TO
TIME BEEN AMENDED; ADOPTING AND APPROVING THE CITY
OF OCOEE PERSONNEL RULES AND REGULATIONS; PROVIDING
FOR SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
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I. REGULAR AGENDA
15. Approval of Resolution for Municipal Referendum on Tax Abatement. (CRA
Administrator Wagner)
In order to expand the ability of local governments to offer economic incentives to expand jobs within the state,
the Florida Legislature passed an enabling bill that became effective on July 1, 2011. This bill provides a means
for individual local governments to grant ad valorem tax exemptions to certain business entities which create
higher wage jobs within their jurisdiction. In order to have the legal authority to consider such tax exemptions,
the law requires that a local referendum be held by each local government that seeks approval of this option.
Passage of the resolution is the first step to get the issue before the voters of the City of Ocoee for their
consideration. Orange County has already resolved to place this referendum issue on the 2012 Presidential
Preference Primary Ballot scheduled for January 31, 2012. This is the same date scheduled for the Ocoee
Municipal Election. Seeking the authority of the voters to pursue targeted business tax exemptions will level the
playing field and permit the Mayor and City Commissioners to consider offering competitive tax incentives to
certain businesses to attract higher paying jobs to our community.
City Attorney Rosenthal read the title of Resolution No. 2011 -013.
The Mayor asked if this needed to be a public hearing. City Attorney Rosenthal stated that a bill
was recently passed allowing municipalities to place this question on the election ballot with no
requirement for Public Hearing.
CRA Administrator Wagner gave an overview of the newly passed legislature and what it
would mean for the City of Ocoee. He said Orange County has passed a resolution and it will be
on the Presidential Preference Primary Election. This resolution will allow this to go to
referendum so the voters will decide if you can do this. The language on the ballot has been
specified, cities are not allowed to change it. There are parameters for what types of businesses
can receive the tax abatement. It cannot be applied to restaurants, hotels, retail; it is for
businesses that create jobs in the fields of processing, manufacturing, etc. City Manager Frank
clarified that each business applying for tax abatement would be approved by the Commission by
. Ordinance and Public Hearing. Commissioner Hood asked if there was additional cost to add
this to the election ballot. City Clerk Eikenberry stated that there is no additional cost.
Commissioner Keller felt we would get a response if we could get it on the Presidential ballot
in November. City Clerk Eikenberry stated that she had advised Supervisor of Elections Bill
Cowles that there was going to be a referendum question added to the January 31 ballot, but she
did not inquire about November; she added that he has not allowed municipal referendum items
on the Presidential ballot in the past. Mayor Vandergrift asked about legislation that was passed
limiting how much the city can promote their opinion on a ballot item. City Attorney Rosenthal
said that the legislature expressly set the language that you are allowed to put on the ballot and
you are not allowed to modify it. CRA Administrator Wagner said another reason we want to
get this on the January ballot is that Orange County is going to pass this and if we also get this
passed in will place the city on a level playing field as far as economic development.
Commissioner Hood asked if we can put it on the water bill. City Attorney Rosenthal stated
that Section 2 of the resolution allows staff to spend funds to distribute factual information,
however we will have to look at the statutory provision with regard to what language is
permissible. Commissioner Hood said it is important to educate the residents.
Commissioner Hood, seconded by Commissioner Keller moved to adopt
Resolution No. 2011 -013, approving the Municipal Referendum on Tax Abatement
to be placed on the Presidential Preference Primary Ballot on January 31, 2012,
and directing staff to advertise this in the Water Bill and Ocoee TV if not
expressly prohibited by Statute. Motion carried 5 -0.
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The resolution as adopted carried the following title:
RESOLUTION NO. 2011 -013
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, CALLING A
REFERENDUM ON AN ECONOMIC DEVELOPMENT AD VALOREM TAX
EXEMPTION TO BE PLACED ON THE 2012 PRESIDENTIAL
PREFERENCE PRIMARY ELECTION BALLOT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
16. Commission Response to the Report from the Districting Commission. (City Clerk
Eikenberry)
The Districting Commission presented a report to the Ocoee City Commission at the Commission Meeting on
September 6, 2011. Vice Chair Victoria Laney explained that the Districting Commission had created six board
plans and after several meetings and a public hearing, the board unanimously recommended Board Plan 5
because it considered future growth. She also stated that they offered Board Plan 6 as an alternative option
because it created very equal population right now (deviation of all districts were under 0.4 %) without
estimating future growth. After further discussion at the Commission Meeting on November 1, 2011, the
commission consensus was in favor of Board Plan 6 and staff was directed to bring this item forward for an
official vote on the next agenda.
City Clerk Eikenberry advised that this was brought back to the Commission for a formal vote
after their discussion on November 1, 2011 in favor of Board Plan 6 revised.
Commissioner Johnson, seconded by Commissioner Keller moved to adopt
Board Plan 6 Revised, as presented to them by the Ocoee Districting Commission
as a second Option; further directing staff to move forward with the ordinance
required to enact the new district boundaries. Motion carried 5 -0.
J. STAFF ACTION ITEMS- none
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller — no comments other than Happy Thanksgiving
Commissioner Johnson — said he wanted to discuss a policy matter with the city manager,
before discussing it with the commission. There are things that the commission needs to know
about before presentations are made to employees.
Commissioner Wilsen -- no comments; Happy Thanksgiving
Commissioner Hood — 1) Junior Peewee Cheerleading Regional Championships will take place
at the Silver Spurs Arena on the Friday after Thanksgiving. Doors open at 2:15 p.m. Ocoee's
eight to ten year olds (who won the metro competition) will be performing around 5:30. 2)
wished all a Happy Thanksgiving, have a great time with your families, travel safely. 3)
Remember the Women's Club scented candles fundraiser on November 18 at 7:00 p.m. Mayor
Vandergrift asked the commissioner to notify Ocoee's cheerleaders that they have been
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November 15, 2011
awarded a grant via the City's Community Grant program. Commissioner Hood said that he
has been in contact with the team and he will let them know that their check is waiting here. He
continued that there are circumstances where unforeseeable things happen and funds are needed,
but that is what the contingency fund is for. 4) Commissioner Hood thanked everyone for
Founders' Day. He attended a craft show in Oviedo and had a great time. The fireworks were
unbelievable. Commissioner Hood expressed his appreciation for the West Orange Times
publicizing the event. Commissioner Wilsen — asked for a definition as to what the contingency
fund is for. City Manager Frank said that it is for whatever the commission says that it is for.
Further discussion ensued.
Mayor Vandergrift — The Mayor recognized two new businesses for their great landscaping:
one is across from Texas Roadhouse and the other is the new McDonald's on Highway 50.
Mayor Vandergrift said that he would like to set up a program called Mayor's Achievement or
something that recognizes beautification efforts in the City. The mayor asked who he needed to
speak to in order to start such a program. Commissioner Hood said that the program should
reflect a `we' effort. Commissioner Wilsen suggested that staff come back with ideas at the first
of the year. City Manager Frank said that the only problem is that the next meeting is five days
from now for staff. City Manager Frank said that staff would need to come up with guidelines
and awards which would require funding. Assistant City Manager stated that the Code
requirements required lighting and landscaping some of them are not above and beyond. There
was further discussion about certificates and other options for rewarding businesses /residents for
beautification efforts. Further discussion ensued. Without objection, consensus was to
direct staff to come back to the commission with a plan to make the proposed
recognition program happen.
ADJOURNMENT _ — J
The meeting adjourned at 9:18 p.m.
APPROVED:
Attest: City of Ocoee
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%F A 2.AL c,5
Be ikenberry, City Clerk S. Scott Vandergrift, Mayo
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