09-18-12 MNUTES
September 18, 2012, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
r 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 Lt. Mike Bryant. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Mayor ProTem Hood, Commissioner Wilsen, Commissioner Johnson, and
Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
[B. PRESENTATIONS AND PROCLAMATIONS
C. COMMENTS FROM CITIZENS /PUBLIC
Joe Worsham, 9929 White Road, thanked the commission for their quick action on a temporary
fix on the canal from Lake Olympia to Starke Lake. He received an e -mail advising that the
temporary fix was sufficient but he wanted to clarify that a permanent fix would be considered.
Public Works Director Krug said they are looking at ways to make this canal work with a
permanent fix and so far the environmental agencies are happy with what they have done so far.
Greg Keethler, 2430 Orsota Circle, commented on the 47 % increase in the millage rate from
2007 to present. He inquired as to where he could find the terms of an 8.5% increase on an
annual basis so he can keep up with the taxes. City Manager Rob explained that percentage he
speaks of is the gross number and does not account for the decrease in the millage rate which is
the amount the city takes in. The amount the city takes in has decreased between 2% - 7% every
year. Mr. Keethler said he is aware of the levy in taxes but feels that instead of the city cutting
expenses they are increasing their means and he objects to that. Feels the city is spending more
money than they are taking in and he will like to know what they city is doing to cut down
expenses so that they do not have to increase taxes. Ocoee is third behind Orlando and Winter
Garden as the highest county collecting tax revenues. Mr. Keethler commented that he would
like to see fiscal responsibility on the city's part and he will personally make it his civil duty to
ensure that the electorates are aware of the responsibilities they are exercising in office.
Commissioner Johnson explained that he is able to make it to the budget meetings he may
understand where some of the money is and there have been some cuts this year as well as the
city staying below the rollback rate. Further discussion ensued on the roll back rate and it was
encouraged that Mr. Keethler attends the next meeting and also meets with the City Manager
before the next Final Budget Hearing.
D. STAFF REPORTS AND AGENDA REVIEW J
City Manager Frank made the following announcements:
1) Item #8 is being requested by the applicant to be pulled from the agenda.
2) There are also two emergency agenda items tonight for consideration. Mayor ProTem
Hood declared the following as emergency items:
City Commission Regular
September 18, 2012
EMERGENCY ITEM - Approval of and Authorization for the Finance Department to
issue a Purchase Order to DeWitt Excavating in the amount of $183,416.46 to Fund
Modifications to an Orange County Construction Project at the Intersection of Clarcona-
Ocoee Road and Clarke Road, with the Cost of such Work to be Paid by the Arden Park
Developer. (CIP Manager Butler)
Mayor ProTem Hood, seconded by Commissioner Wilsen, moved to approve the
Emergency Item for authorization for the Finance Department to issue a purchase
order to DeWitt Excavating in the amount of $183,416.46 to fund modifications to
an Orange County construction project at the intersection of Clarcona -Ocoee
Road and Clarke Road, with the cost of such work to be paid by the Arden Park
developer. Motion carried 4 -0 with Mayor Vanderqrift absent.
EMERGENCY ITEM — Disposal of Surplus Sanitation Trucks. (Public Works Director
Krug)
Commission Wilsen, seconded by Commissioner Keller moved for staff's
recommendation on disposal of surplus sanitation trucks. Motion carried 4 -0
with Mayor Vandergrift absent.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller— thanked the Governor for speaking to the parents at the Ocoee Middle
School.
Commissioner Johnson - None
Commissioner Wilsen — reminded everyone this Friday at Bill Breeze Park is the Food Truck
Festival and the movie "Lorax "" will be showing at 8:30 pm.
F. CONSENT AGENDA
Commission Keller, seconded by Commissioner Wilson, moved to approve the
Consent Agenda Items #1 through #11 with Item #8 being pulled at the applicant's
request. Motion carried 4 -0 with Mayor Vandergrift absent.
1. Approval of Minutes for the Regular Commission Meeting Held August 21, 2012 and
Budget Workshops for August 15, 2012, and August 29, 2012. (City Clerk Eikenberry)
Motion carried 4 -0 with Mayor Vandergrift absent.
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City Commission Regular
September 18, 2012
2. Reappointments to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks & Recreation Advisory Board serve two -year terms. Currently, the Parks & Recreation
Advisory Board has eight (8) members and no applications on file.
The two -year terms of Carol Heard, Rob McKey, and Jane Rainer will end October 2012. All members have
indicated they are willing to serve another two -year term, if reappointed.
Motion carried 4 -0 with Mayor Vandergrift absent.
3. Approval of Sensus FlexNet Water/Reclaim Metering System Addition of a Second
Towered Antenna to be Located at the Ocoee Wastewater Plant. (Utilities Director
Smith)
The City of Ocoee has utilized the FlexNet Meter Reading System by Sensus Meters since Commission
approval on August 21, 2007. The system was initially configured with one towered antenna, and as originally
simulated, would not completely cover the City's utility service area. There are numerous meters located along
the north utility service area and /or in topographically lower areas that cannot be systematically and
automatically read.
In addition, the City's utility service area has increased with the addition of the North Wholesale Reclaimed
Water Service Area, where simulations indicate that one -tower configured meter reading performance will be
very poor in the new service area. The new antenna will be located on the Ocoee Wastewater Plant's existing
tower.
Since the original purchase of the FlexNet Meter Reading System from Sensus Meters, Sensus has established
HD Supply Waterworks as their Central Florida agent for marketing. Therefore, the City will be using HD
Supply to obtain the new antenna -based station and configuration from HD Supply Waterworks.
Motion carried 4 -0 with Mayor Vandergrift absent.
4. Award of RFP #12 -007 Auditing Services to McDirmit Davis & Company, LLC.
(Purchasing Agent Tolbert)
The City's current auditing contract has expired. In compliance with Florida Statutes, Section 218.391 (Auditor
Selection Procedures), and the City of Ocoee Purchasing Code, proposals were solicited from Certified Public
Accounting Firms with Governmental Accounting experience to submit a response to the City of Ocoee
Request for Proposals (RFP) to provide Independent Financial Auditing Services for the fiscal years ended
September 30, 2012, 2013, and 2014. A renewal option for an additional two years may be negotiated. The firm
must be duly licensed under Florida Statutes, Chapter 473 and qualified to conduct audits in accordance with
government auditing standards as adopted by the Florida Board of Accountancy.
The RFP was advertised on July 1, 2012, and was publicly opened on August 14, 2012.
Motion carried 4 -0 with Mayor Vandergrift absent.
5. Approval for Staff to Procure the Services of Government Services Group, Inc. for the
Purpose of Review and Update of Assessments for Non -Ad Valorem Assessments Using
the Uniform Method of Collection. (Assistant City Manager Shadrix)
The City of Ocoee uses the uniform method of collecting non -ad valorem special assessments for the cost of
providing stormwater management, solid waste management, and fire services (which is set at zero). This
process facilitates the collection of the fees for these services on the property owner's annual tax bill. Methods
of assessment used in levying these fees require periodic evaluation and study, as do the tax roll databases and
billing algorithms require similar periodic update and evaluation for consistency. The City of Ocoee has used
Government Service Group (GSC), Inc. in years past to provide such services, such as fire fees in 2008. Staff
will negotiate with GSG to perform the services identified above in an amount not to exceed $45,000.
Motion carried 4 -0 with Mayor Vandergrift absent.
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City Commission Regular
September 18, 2012
6. Approval of Plat for Villages of Wesmere Phase 3. (City Engineer Wheeler)
This plat is for phase 3 of the Villages of Wesmere subdivision which is a re -plat of Tract H of the Villages of
Wesmere Plat. The property is located at the southeast corner of Tomyn Boulevard and Maguire Road. Phase 3
consists of 82 single family homes and the associated amenities.
Motion carried 4 -0 with Mayor Vandergrift absent.
7. Approval of Distribution Easement for Progress Energy Florida, Inc. for Underground
Facilities on Bluford Avenue Between New Maine Street and Old Maine Street. (City
Engineer Wheeler)
At the City Commission meeting held on August 7, 2012, the undergrounding of the Progress Energy facilities
between new Maine Street and old Maine Street was approved and funded by the City. Progress Energy is now
requesting a distribution easement from the City for the westerly 10 feet of parcel 20- 22 -28- 0000 -054. This
parcel is a triangular piece of property bounded by old and new Maine Streets and Bluford Avenue.
Motion carried 4 -0 with Mayor Vandergrift absent.
8. Approval to Amend Name of Ingram Estates to Brynmar and Plat Approval for Phase
1 of the Development. (City Engineer Wheeler)
The Ingram Estates subdivision is located at the southeast corner of McCormick and Ingram Roads. The total
project includes approximately 33.48 acres of land. The overall project consists of 95 single family residential
lots, two stormwater ponds, and a common recreational area. The project is being developed in two phases.
The parcel of land was annexed into the City of Ocoee under Ordinance 2004 -02. The City Commission
approved the project on November 6, 2007, under the name of Ingram Estates. Columnar Development LLC
has submitted a written request to change the name to Brynmar. The DRC met on September 11, 2012, to
consider the name change. Staff considered how the proposed name change would affect record keeping issues
and fire /police. It was determined that the name change would have no negative effect and the DRC voted
unanimously to recommend approval.
Pulled from agenda per applicant's request.
9. Approval of Contracting with Columnar Development, LLC for the Installation of 16
inch Reuse Main along McCormick Road in Conjunction with Brynmar Subdivision.
(City Engineer Wheeler)
On June 19, 2012, the City Commission approved the City of Ocoee / Orange County Reclaimed Water
Tenitorial Agreement and the City of Ocoee / Orange County Agreement for the Delivery and Use of
Wholesale Reclaimed Water. Those two agreements established the service area for reclaimed water that
includes the Brynmar subdivision and set time frames for the purchase of water from Orange County. The
Brynmar subdivision is basically right across McCormick Road from Orange County's Northwest Wastewater
Plant where the City is to connect to purchase the reclaimed water.
The Ocoee Utilities Department has established a project to run a large diameter pipeline from the Orange
County facility along McCormick Road from Kensington Manor to Ocoee - Apopka Road and then south to
West Road. That project has just started the information gathering and preliminary design phase. The project is
called the North Service Area Reclaimed Water Main Extension project and is initially funded in the amount of
$800,000.
Columnar Development, LLC, the company having the Brynmar infrastructure constructed, was approached
about having them install the first leg of the reuse pipeline as part of their project. In the platting process, they
are dedicating a 10 foot wide utility tract, located along McCormick Road, to the City to be used for the reuse
pipeline. They have had their perimeter wall built and installed some of the sidewalk along McCormick Road,
but have delayed installing all of the landscaping and finishing the roadway work to be able to assist the City
and install the reuse pipeline.
Motion carried 4 -0 with Mayor Vandergrift absent.
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City Commission Regular
September 18, 2012
10. Approval of Ocoee Crown Point PUD Conservation Easement to St. Johns River Water
Management District. (City Engineer Wheeler)
in August of this year the City received the permit modification (Permit No. 4 -09.5- 83494 -6) from SJRWMD.
As a condition of that permit, the City must grant the SJRWMD a Conservation Easement over certain areas of
the Ocoee Crown Point PUD property. All of those areas are either wetlands, upland buffers, or sovereign
submerged lands. The Conservation Easement prohibits activities within those areas unless permitted by the
SJRWMD, but does allow for routine maintenance of the creek and drainage ways for the prevention of
flooding. The Conservation Easement also allows for a future boat ramp, boardwalk pier, and boardwalk trails
along the Lake Apopka.
Motion carried 4 -0 with Mayor Vandergrift absent.
11. Approval of Valley Crest Landscape Maintenance Contract Extension. (Public Works
Director Krug)
The City has contracted with Valley Crest Landscape Maintenance to maintain the City's landscaped areas and
roadway medians for the past five (5) years, however the contract term is expiring. The Parks & Recreation and
Public Works Departments are in the process of developing a scope of services for the new landscape contract
to be solicited that will ensure the high maintenance standards are sustained. In order to avoid any lapse in
service, we are requesting a 180 day extension to the current Valley Crest contract while the scope is finalized
and the RFP Is solicited for new services.
Motion carried 4 -0 with Mayor Vandergrift absent.
G. FIRST READING OF ORDINANCE
12. First Reading of Ordinance for Park Place (FKA Lake Butler Professional Campus) -
Rezoning to PUD. (Second Reading and Public Hearing scheduled for October 2, 2012, Regular
Commission Meeting at 7: 15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is zoned C -3 (General Commercial) and has an approved site plan and development
agreement for the Lake Butler Professional Campus. The Lake Butler Professional Campus was originally
approved in 2008, and was proposed to be developed with the following uses on the Property: Lot 1 will consist
of a mix of professional and medical offices; Lot 2 is proposed in the southwest corner of the property and will
consist of a mix of retail and restaurant uses. The proposed Park Place PUD will include 242 multi - family units
on 1134 acres and 2.60 acres of commercial and retail? The apartments will feature a club house and pool
amenity with landscaped park space within the development. The proposed apartments and commercial out
parcels will be architecturally cohesive with the surrounding development. Access is proposed via a northbound
right in on Maguire Road and an additional access from Tomyn Blvd.
The Planning & Zoning Commission met on August 14, 2012, to consider approval of the applicant's request.
After deliberations, the Planning & Zoning Commission unanimously recommended approval of the rezoning of
14.11 acres of the proposed Park Place from C -3 (General Commercial) to PUD (Planned Unit Development)
subject to the execution of the First Amendment to the Development Agreement, and the resolution of the
outstanding comments from the Legal Department prior to the action being presented to the City Commission
for final approval.
Mayor ProTem Hood announced that he realizes there are residents in the audience to speak in
regards to this item; however, the second reading and public hearing will be held on October 2,
2012, at 7:15 p.m. or soon thereafter. He advised commission does not make any comments at
the first reading but they do let residents speak. City Attorney Cookson read the title of
Ordinance.
— — Page 5
City Commission Regular
September 18, 2012
City Planner Rumer gave a brief overview of the subject property and said the applicant is
requesting a rezoning from C -3 to PUD. The applicant presently has an approved site plan and
development agreement for the Lake Butler Professional Campus. The Lake Butler Professional
Campus was originally approved in 2008, and was proposed to be developed with a mix of
professional and medical offices and in the southwest corner of the property a mix of retail and
restaurant uses. Access to the subject property is proposed via a northbound right in on Maguire
Road and an additional access from Tomyn Blvd. City Planner Rumer advised the proposal
that will be before them at the public hearing will include 242 multi- family units on 11.34 acres
and 2.60 acres of commercial and retail with the access remaining the same. Further overview
was given on the right turn lane.
Commissioner Keller clarified from the attorney that if a resident spoke now could they speak
at the public hearing. City Attorney Cookson advised that the public hearing would not be until
October so if anyone wanted to speak tonight and at the public hearing that would be
appropriate. Commissioner Johnson briefly advised the residents that the commission is not
voting on this tonight.
Bill Berg. 2165 Blackjack Oaks Street, said he has comments from quite a few of the residents in
the Wesmere area and they are all stating that they are against the apartment complex due to the
large number of residents that it will bring. He said residents felt it would bring more traffic,
more overcrowding to schools, and more crimes. Wesmere is an upscale gated community and
they feel the Park Place complex does not meet the aesthetics of the neighborhood. Mr. Berg
spoke in regards to the crowding and inquired if the exhibit presented tonight is what is being
proposed. City Planner Rumer said the exhibits show what are currently approved.
Robert Godfrey, 182 Highbrooke Blvd., said he has been a resident for 3 years and the
problems with traffic have increased. He advised he has a petition against the development and
as of this afternoon 203 people have signed the petition.
Commissioner Johnson briefly commented that roughly a month ago there were notifications
sent out to all the homeowners associations. He had advised the developer to notify the HOAs so
they could have a meeting with the community. Commissioner Johnson said he was shocked
when only one person showed up to this meeting. The developer did have this presentation to
show at that meeting.
Mr. Berg advised that in the Last 2 months Brookestone and Wesmere subdivision have had
changes in the management companies so the HOAs may not have been notified.
Henry Pinzoa, 328 Highland Blvd, said he is against the apartments due to studies he has
researched on high noise levels.
Dave Fishpool, 62 Highbrooke Blvd, said he is the HOA president for Brookstone subdivision
and has received numerous e -mails with a variety of reasons opposing the apartment complex.
Mayor ProTem Hood reminded the residents again that the second reading and public hearing
will be held on October 2, 2012, at 7:15 p.m. or soon thereafter.
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City Commission Regular
September 18, 2012
Bob Koch, Fugleberg Koch Architect, briefly addressed the issues expressed this evening
advising that they have made attempts to reach out to the community and even went as far as
knocking on doors to inform people. They have conducted traffic impact studies, meet with the
police department, and have met their school concurrency. The project owners are willing to
meet with any concerned residents so they may have a complete understanding of the proposed
proj ect.
Commissioner Johnson advised he is the commissioner for District 3 and his e -mail and phone
number are on -line should anyone want to speak with him. He has already responded to some
concerned residents. Commissioner Johnson further apologized if they HOAs were not notified
since they have made the attempt to reach out. His job is to represent them before the
commission as well as inform them of all the facts. Mayor ProTem Hood said they have two
week s before the next meeting should they want to meet with the developer before the second
reading.
H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
13. Second Reading of City of Ocoee Economic Development Ad Valorem Tax Exemption
Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 6, 2012). (CRA
Administrator Wagner)
In an effort to support economic growth, the electors of the City of Ocoee, by referendum, authorized the City
Commission to grant economic development ad valorem tax exemptions to certain businesses to promote job
growth within the community.
City Attorney Cookson read the title of Ordinance.
CRA Administrator Wagner advised that in January a referendum was held and electors
authorized the city to give economic incentives for the purpose of job creations. The ordinance
before them is virtually the same ordinance that Orange County is using. Orange County,
Maitland, and Ocoee are the only cities that have the referendum. CRA Administrator Wagner
briefly explained the ad valorem tax relief and advised that the commission will have to pass a
separate ordinance for each business that is being granted the tax relief. Further discussion
ensued on tax break relief programs.
Mayor ProTem Hood closed the public hearing.
K.P. Monacky, 1820 Prairie Lake Blvd, inquired about the term limits. CRA Administrator
Wagner advised that the maximum term is up to ten years which depends on the number of jobs
and number of capital improvements that they do. The ordinance does have a guideline. CRA
Administrator Wagner briefly explained the sunset provision.
Mayor ProTem Hood opened the public hearing.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Ordinance No. 2012 -013 City of Ocoee Economic Development Ad Valorem Tax
Exemption. Motion carried 4 -0 with Mayor Vandergrift absent.
Page 7 -
City Commission Regular
September 18, 2012
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2012 -013
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PERTAINING TO
EXEMPTIONS FROM AD VALOREM TAXATION; AMENDING CHAPTER 160 OF
THE CITY OF OCOEE CODE; ESTABLISHING AN EXEMPTION FROM CERTAIN
AD VALOREM TAXATION FOR CERTAIN NEW BUSINESSES AND EXPANSIONS
OF EXISTING BUSINESSES; PROVIDING A SHORT TITLE; PROVIDING FOR
ENACTMENT AUTHORITY; PROVIDING FINDINGS OF FACT; PROVIDING FOR
DEFINITIONS OF TERMS; PROVIDING FOR ESTABLISHMENT OF ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION; PROVIDING FOR AN
APPLICATION FOR AN EXEMPTION; PROVIDING FOR CITY COMMISSION
CONSIDERATION OF SUCH APPLICATIONS; PROVIDING FOR AN APPLICATION
FEE; PROVIDING FOR CONTINUING PERFORMANCE; PROVIDING FOR CITY
COMMISSION REVOCATION OF EXEMPTION; PROVIDING FOR
APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR A SUNSET
DATE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
14. Second Reading of Ordinance for Approval of Changes to the City of Ocoee Municipal
General Employees' Retirement Trust Fund Relating to Retirement Age, Vesting, and
Various Other Changes Affecting "Future" Employees. (Advertised in the Orlando Sentinel on
Thursday, August 30, 2012). (Human Resources Director Williford)
With the continuing economic uncertainty staff has initiated these recommended changes in order for the
current and long -tern sustainability of the plan. With lower investment returns, reduced city revenues and an
aging workforce these revisions are necessary for the future of the plan as well as the trend for public pension
plans in general.
City Attorney Cookson read the title of Ordinance.
Human Resources Director Williford briefly explained the changes to the plan.
Mayor ProTem Hood opened the public hearing, as no one wished to speak, the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2012 -014 for Approval of Changes to the City of Ocoee Municipal
General Employees' Retirement Trust Fund Relating to Retirement Age, Vesting,
and Various Other Changes Affecting "Future" Employees. Motion carried 4 -0
with Mayor Vandergrift absent.
Page 8
City Commission Regular
September 18, 2012
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2012 -014
AN ORDINANCE OF' THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY
OF OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND,
ADOPTED AND RESTATED IN FULL BY ORDINANCE NUMBER 2009 -020; AS
SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS AMENDING
THE DEFINITION OF "SALARY "; AMENDING SECTION 6, BENEFIT AMOUNTS
AND ELIGIBILITY; AMENDING SECTION 8, VESTING; AMENDING SECTION 25,
DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
15. Second Reading of Ordinance for Hancock — 628 E. Silver Star Road. (Advertised in the
Orlando Sentinel on Thursday, September 6, 2012, and Thursday, September 13, 2012). (City Planner
Rumer)
The subject property is located on the North side of East Silver Star Road; 900 feet west of the intersection of
Woodson Avenue and East Silver Star Road. The proposed Annexation and Rezoning of the Hancock property
was reviewed at a Public Hearing by the Planning and Zoning Commission on August 14, 2012. The Planning
& Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +1-
2.04 acre parcel of land known as the Hancock Property located at 628 E Silver Star Road.
a. Annexation Ordinance
City Attorney Cookson read the title of Annexation Ordinance.
City Planner Rumer gave a brief presentation on the subject property.
Mayor ProTem Hood opened the public hearing, as no one wished to speak, the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2012 -009 for Annexation of Hancock Property — 628 E. Silver Star
Road. Motion carried 4 -0 with Mayor Vanderqrift absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2012 -009
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 2.04 ACRES LOCATED ON THE
NORTH SIDE OF E SILVER STAR ROAD, APPROXIMATELY 900 FEET WEST OF
THE INTERSECTION OF WOODSON AVENUE AND E SILVER STAR ROAD;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
Page 9
City Commission Regular
September 18, 2012
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning Ordinance to R -1A
City Attorney Cookson read the title of Rezoning Ordinance.
City Planner Rumer gave a brief presentation on the subject property.
Mayor ProTem Hood opened the public hearing, as no one wished to speak, the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Ordinance No. 2012 -010 for Rezoning of Hancock Property — 628 E. Silver Star
Road. Motion carried 4 -0 with Mayor Vandergrift absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2012 -010
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R -1, "Low Density Residential" TO
OCOEE R -IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 2.04 ACRES LOCATED ON THE NORTH SIDE OF
E SILVER STAR ROAD, APPROXIMATELY 900 FEET WEST OF THE
INTERSECTION OF WOODSON AVENUE AND E SILVER STAR ROAD; PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SUCH
ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
16. Second Reading of Ordinance for Ocoee Oaks United Methodist Church — 101 S.
Clarke Road — PUD/Land Use Plan Amendment. (Advertised in the Orlando Sentinel on
Thursday, September 6, 2012). (City Planner Rumer)
The Ocoee Church of the Nazarene received PUD and Site plan approval for a three phase church on March 4.
2003. Condition "D " of the PUD Conditions of Approval provide that the approval shall be applicable only to
the Ocoee Church of the Nazarene and is not transferrable to any other owner without a public hearing and
approval of the City Commission. The Ocoee Oaks United Methodist Church is proposing to purchase the
property and does not intend to amend the approved site plan.
City Attorney Cookson read the title of Ordinance.
Page
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City Commission Regular
September 18, 2012
City Planner Rumer gave a brief presentation on the subject property.
Ernest Post, applicant, requested that on provision "D" if it could be specified that this be kept a
church so that a new purchaser will not have to go through what he went through.
Mayor ProTem Hood opened the public hearing, as no one wished to speak, the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2012 -015 Ocoee Oaks United Methodist Church — 101 S. Clarke
Road — PUD /Land Use Plan Amendment for the church and its religious activities
and associated buildings. Motion carried 4 -0 with Mayor Vandergrift absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2012 -015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING AN
AMENDMENT TO THE LAND USE PLAN FOR THE CHURCH OF THE NAZARENE
PUD ON CERTAIN REAL PROPERTY LOCATED AT 101 S. CLARKE ROAD, AS
PETITIONED BY THE PROPERTY OWNER; AMENDING THE CHURCH OF THE
NAZARENE PUD LAND USE PLAN TO PROVIDE FOR A NAME CHANGE OF THE
PUD TO OCOEE OAKS UNITED METHODIST CHURCH AMENDED LAND USE
PLAN AND TO APPROVE CERTAIN REVISIONS TO THE CONDITIONS OF
APPROVAL; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
17. Second Reading of Ordinance for Repeal and Replacement of Chapter 61 of the Code of
Ordinances of the City of Ocoee Governing Cemeteries. (Advertised in the Orlando
Sentinel on Thursday, September 13, 2012). (CIP Manager Butler)
With all the plots now being sold and an increasing number of the city's residents choosing cremation instead of
burial, the City decided to add a columbarium in order to offer spaces for inurnment of cremated remains. The
columbarium is now under construction where a pavilion was previously located in the southeastern portion of
the cemetery. Changes to Chapter 61 are required to be able to manage this new aspect of the cemetery
operation.
The first reading of the ordinance to modify Chapter 61 was conducted at the June 19th City Commission
meeting under Agenda Item No. 8. Since the first reading, staff has undertaken procurement of contractor
services related to interment and inurnment activities. The award of that contract was made by the City
Commission at its August 21, 2012, meeting. Staff subsequently negotiated final prices with the selected
contractor, Quality Vaults and Monuments, Inc. (Ocoee, FL) and made slight modifications to the draft
Cemetery Rules and Regulations provided to the City Commission as part of the June 19th agenda package.
City Attorney Cookson read the title of the ordinance.
CIP Manager Butler said that there are three things to be considered: revisions to chapter 61 of
the Code of Ordinances, adopt the resolution with the revises rules and regulations, and pricing.
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City Commission Regular
September 18, 2012
Mr. Butler gave a PowerPoint presentation outlining the following points:
Revised Chapter 61
• City to become exclusive provider of burial and inurnment services
• Quality vaults to be the contractor to City
• Establishes mechanism for columbarium niches
• Creates Cemetery Administrator Post (City Clerk)
• Revised Cemetery Superintendent position
• Recognizes City's ability to declare unused plots as abandoned
Staff Assignments
• City clerk to serve as Cemetery Administrator
• Parks & Recreation Department to identify person as Superintendent
• Will need to cover costs of weekend oversight (included in price proposal)
Rules & Regulations
• Created definitions (consistent with Florida Statutes)
• Sets processes for selling plots and reserving columbarium niches
• Delineates ownership & use requirements
• Establishes residency rules
• Creates standards for operation and use
• Will include fees and charges
Plot Abandonment
• 50 -year requirement in State law
• Authorized under Section 497.286, Florida Statues and Section 61 -8J of the revised City
ordinance
• Would cover those plots sold more than 50 years ago with no current address information
• Fiver -year address notification requirement in proposed Rules & Regulations
City Service Pricing
PRODUCT OR SERVICE NON- RESIDENT
RESIDENT PRICE
PRICE
Purchase Cemetery Plot $1,200 $800
Reserve Columbarium Niche _ $1,500 $1,000
Permit to Install Monument _ $50 $50
Transfer burial right to another person $25 $15
Record a burial right or niche reservation with $35 $35
Orange County Records
Cemetery Service Pricing
• City Costs are the sum of contractor price and staff time, where applicable
• Agenda item includes cost schedule with 20% and 30% markup pricing
• Recommend 30% markup fee structure to cover some basic operational costs and stay
within the customary charges for the area.
Staff Recommendations
• Adopt revised ordinance modifying Chapter 61 of the Code of Ordinances
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City Commission Regular
September 18, 2012
• Adopt proposed resolution establishing cemetery rules and regulations and schedule of
prices.
• Set prices for City Cemetery services with 30% markup
• Authorize staff to proceed with the process of identifying abandoned plots and reclaiming
them for resale.
Mayor Pro Tem Hood opened the Public Hearing. There being no one wishing to speak, the
public hearing was closed.
Commissioner Wilsen stated she is glad we are taking a pro- active approach with the cemetery
and hoped there will be better enforcement of the new rules and regulations.
Commissioner Johnson asked about the progress of the new section containing the columbarium.
Mr. Butler said it is on its way here via boat.
Commissioner Wilsen, seconded by Commissioner Johnson moved to adopt
Ordinance No. 2012 -016 repealing and restating Chapter 61 of the code of
ordinances; to adopt Resolution No. 2012 -010 revising the cemetery rules and
regulations; set prices for the cemetery services and sales with 30% markup; and
authorize staff to proceed with the process of identifying abandoned plots and
reclaiming them for resale. Motion carried 4 -0 with Mayor Vandergrift absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2012 -016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING AND
RESTATING CHAPTER 61 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE; REPEALING CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
The resolution as adopted carries the following title:
RESOLUTON NO. 2012 -010
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA CREATING RULES AND
REGULATIONS FOR OPERATION OF THE CITY CEMETERY; ESTABLISHING A
SCHEDULE OF CEMETERY FEES; REPEALING CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
I. REGULAR AGENDA
18. Discussion Regarding African American Cemetery Plan and Funding Source. (Parks
and Recreation Director Hayes)
At the August 29, 2012, City Commission Budget Workshop, staff was asked to bring back to the City
Commission for consideration an updated proposal for the installation of a fence at the African American
Cemetery', based upon the information provided by Mr. Lester Dabbs at the workshop, and to identify possible
funding mechanisms for the plan.
Staff has obtained an updated proposal for the fence project which will include a combination of ornamental
style fence and chain link fence. The ornamental fence will be installed at the entrance to the site, off of Basking
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City Commission Regular
September 18, 2012
Ridge Court, and the chain link fence will be installed along the remaining property lines. The cost for the fence
is $12,400 ($10,600 for materials and $1,800 for labor).
Staff has identified a potential funding source in the 2011 -12 fiscal year budget, which is the City Clerks'
Election Expense Account (001 - 512 -10 -5600) to complete the fence project.
In addition to this Mr. Dabbs provided staff with a landscape plan for the site for future consideration. Staff has
estimated the cost to complete the landscape plan at approximately $14,000.
Parks and Recreation Director Hayes stated that Lester Dabbs appeared before the
Commission at the August 29, 2012 Budget Workshop and presented a project for installing and
ornamental fence and chain link fence around the historic African American Cemetery. He was
directed to bring back costs. The estimate is $10,600 for materials, and $ 1800 installation /labor.
Mr. Hayes added that they have found a funding source from the City Clerk's Department
elections budget. Mayor Pro Tem Hood confirmed this was with contractor doing the work, not
volunteers. Mayor Pro Tem Hood stated he would like some signage placed out there as well,
that it could be done in- house.
Commissioner Johnson, seconded by Commissioner Hood moved to approve the
expenditure for the fencing at the African American Cemetery in the amount of
$12,400, such funds to be taken from the City Clerk Election line item. Motion
carried 4 -0 with Mayor Vandergrift absent.
19. Discussion and Direction in Regards to the Possibility of Adopting an Ordinance An
ordinance establishing a registration requirement for abandoned properties or
properties in the process of foreclosure will provide a data base for police, fire and code
enforcement personnel to utilize immediately to deter continued neglect of these
properties and the negative effects they have on the community. . (Lt. Mike Bryant)
Multiple municipalities in Florida have established an abandoned residential property program as a mechanism
to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and
security of abandoned properties. These properties not only create code violations they also produce fire
hazards, attract children, and the homeless. They are taken over by squatters and house criminal enterprises.
These issues are compounded when the individual property ownership is being disputed and the property does
not have up to date contact information. Without a registry, the police and code enforcement are unable to
prosecute or even trespass the individuals involved, leaving the properties to further neglect and the
neighborhoods blighted. An ordinance establishing a registration requirement for abandoned properties or
properties in the process of foreclosure will provide a data base for police, fire and code enforcement personnel
to utilize immediately to deter continued neglect of these properties and the negative effects they have on the
commun ity.
Lt. Bryant gave a PowerPoint presentation discussion the need for registering abandoned
properties. The increased numbers of foreclosures and abandoned properties have caused issues
with maintenance, squatters, criminal activity, etc. Code and criminal investigations have been
hindered because of the disputed ownership. They are unable to prosecute criminal activity or
give trespass warnings to squatters and there is no accountability for lien violations.
Lt. Bryant said he feels the solution is to adopt an ordinance establishing a registration
requirement for abandoned properties or properties in the process of foreclosure which will
provide a data base for police, fire and code enforcement personnel to utilize immediately to
deter continued neglect of these properties and the negative effects they have on the community.
He said there are companies will handle all of the registration, seek out the properties in the city
under foreclosure, charge a fee of which the city will receive a portion, do all the notifications
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City Commission Regular
September 18, 2012
and collection of fees update the registry, maintain the registry online so police, fire, and code
will have 24 hour access to the information connected with the property. There is no cost to the
city; the rates they will charge will be negotiated with the City. He said the city would start
getting some revenue right away because the all abandoned properties would be initially
registered as soon as we begin the program. He demonstrated that the City of Apopka made
$83,000 in the 10 months since they implemented the program.
Lt. Bryant stated he would like direction to move forward with an Ordinance adopting this
program. Commissioner Johnson and commissioner Wilsen said they have both seen
demonstrations from these companies at the Florida League of Cities (FLC) conference.
There was discussion to have them look at more than one company. Lt. Bryant said if we go
with the preferred company, we could flip a switch and get started right away. He believes this
is the same company that they met at the FLC conference. There was discussion about possibly
using them for the first year and going to RFP later. There was additional discussion regarding
negotiating costs for the contract. The ordinance will also address frequency of inspections,
which city staff will administer it, etc.
Consensus, without objection, was to have staff bring back an ordinance
implementing a program for registration requirement for abandoned properties or
properties in the process of foreclosure.
[J. STAFF ACTION ITEMS
None
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller — none
Commissioner Johnson — 1) asked about the drainage at White Road and Bluford by the school.
Public Works director Krug said we have two phases, the first from the fire station to 7 street.
We are trying to acquire more property on the east side to make the drainage work. There will be
another phase to tie it into McKey. There was some discussion about property we vacated that
could have been used, but Mr. Krug stated that we should be okay. They are looking at putting a
curb in and giving them a narrow turn lane to stage without holding up traffic. Commissioner
Johnson said now that they are redesigning the school, we need to work with the school to get
the pick -up traffic changed. Mr. Krug said plans are 60% complete, and there are 3 property
owners we need to talk to. 2) asked if city could use the Codes to go after people who are not
part of an HOA and not mowing right of ways. City Manager Frank said the Code is clear on
this issue; we need to determine how much we want to enforce it. The city has mowed some of
these areas in the past. 3) asked about Maguire road coming out of Windermere groves, the
palms need to be removed because it is a safety issue due to blocking vision. City Manager Frank
said they will make it a priority. 4) thanked the HRDB for the great job they did on the Fiesta de
Colores, even with implement weather they had a great turn out. 5) Founders Day coming up in
six weeks, there are still openings for vendors.
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City Commission Regular
September 18, 2012
Commissioner Wilsen reminded everyone about the Movie in the Park and Food Truck Friday
this week.
Commissioner Hood also noted that the Haunted House will be coming up soon, parks and
recreation always does a great job on that.
ADJOURNMENT
The meeting was adjourned at 9:03 p.m.
APPROVED:
Attest: City of Ocoee
I elizy,...Qa _
Be City Cle S. Scott Vandergrift, Ma \Tor
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