08-20-13August 20, 2013, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CA LL TO ORDER
Invocation — Commissioner Keller
Pledge of Allegiance — Commissioner Grogan
Roll Call and Determination of Quorum — City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentation by Ginter Cook of Central Florida Film Festival (CENFLO)
CRA Administrator Wagner announced this is the 5 1i year in a row that the Ocoee CRA has
helped sponsor the Central Florida Film Festival. The hotels are already booked along with the
Saturday night event and several of the showings. He briefly introduced Ginger Cook and her
husband, Bob Cook. Mrs. Ginger Cook, Deputy Director of the Central Florida Film Festival,
introduced herself and provided a video highlighting some of the films that will be shown at their
upcoming event. Mrs. Cook thanked city staff for all their help and briefly explained the films
that will be showcased and shared that you may go to www .centralfloridafiluifestival.com for
more information.
Proclamation - National Assisted Living Week — September 8 1h -14 th
Mayor Vandergrift proclaimed September 8 1i -14 as National Assisted Living Week.
Presentation of Officer of the 2 °d Quarter to Police Officer David Ogletree
Police Chief Brown introduced Town of Oakland Police Chief Steven Thomas who is present
tonight to explain the incident that occurred in the Town of Oakland on June 29 t1i that lead to the
recognition of Police Officer Ogletree as Officer of the 2" d Quarter. CACOPD Vice
Chairperson Laney and Chairman McKey presented the Officer of the 2 Quarter award to
Officer Ogletree. Police Chief Brown further awarded Officer Olgetree with a lifesaving ribbon
and award.
Presentation of Attendance Awards for CrossinjZ Guards
Police Chief Brown announced that last year there were 2 crossing guards out of the 26 that had
perfect attendance under all conditions. He further presented Arthur "Art" Barsi and Ana
Matienzo with awards for perfect attendance as School Crossing Guards.
Proclamation - September 11 as a Day of Prayer, Remembrance, and a Rededication to
Patriotism
Mayor Vandergrift proclaimed September 11 as a Day of Prayer, Remembrance, and a
Rededication to Patriotism.
Proclamation - Childhood Cancer Awareness Month — September 2013
Mayor Vandergrift proclaimed September 2013 as Childhood Cancer Awareness Month.
C. COMMENTS FROM CITIZENS/PUBLIC
Victoria Laney, 830 Hammocks Drive, explained and announced the Week of the Family events
and contest that will take place November 2nd_gtn
Vincenza Curry, 10 Lakeview Street, spoke in regards to the proposed fire assessment fee
notice she received. She explained this is a fee she cannot afford since she is a widow on social
security disability. Mrs. Curry is requesting that the commission please re -think this assessment
which she feels will put restrictions on so many residents with disabilities.
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Wilsen, Rosemary
City Commission
MAILINGADDRE,SS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
C v
❑✓CITY ❑COUNTY []OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
C
City of Ocoee
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
August 20, 2013
El ELECTIVE APPOINTIVE
V, I: 61,T111kiil1 11111:1Y•1:7IT,IEl-?
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, downer of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Rosemary Wilsen hereby disclose that on August 20 20
(a) A measure came or will come before my agency which (check one)
Q✓ inured to my special private gain or loss;
inured to the special gain or loss of my business associate, _
inured to the special gain or loss of my relative, Fred Wilsen (husband)
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
My husband, Fred Wilsen, is up for consideration as the City's Special Hearing Officer for red
light camera violation cases. If selected, the City and my husband would enter into a contract for
the paid position.
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 1/2000 PAGE 2
Regular City Commission Meeting
August 20, 2013
Commissioner Johnson advised that there was a misunderstanding amongst the commission
when they voted so he has asked staff to explain the process. Assistant City Manager Shadrix
briefly explained that the notices that were sent out on August 15 were set similar to the
tentative millage in that it was set at the maximum rate that could be assessed. After having
spoken with the commission and many citizens it seems that it is clear there was a
misunderstanding that there was going to be a flat rate to residents. He has asked Support
Services Director Butler to explain in detail the methodology, as well as, display examples on
how they can lower the fees and still do some of the projects they have discussed during some of
their meetings.
Support Services Director Butler provided a PowerPoint presentation that explained the city
and fire service funding, a summary of the assessment and scenarios that would allow a lower
assessment than originally proposed.
Commissioner Johnson explained he knows they cannot make changes to the assessment fee
until the public hearing; however, the commission and staff are trying to figure out a way to
possibly cut this assessment in half. He shared there is a reason for this assessment and briefly
explained the need for the revenue to help with other projects in the city.
Commissioner Keller said he also received many calls but he wanted to explain that the notices
sent out included the maximum proposed assessment so that they had a place to work down
from. He does not feel that there is anyone up at the dais that is looking to propose the highest
assessment value. Commissioner Keller advised that after the September 5 th meeting, if they do
pass a fire fee, that will than give the commission the ability to go back and look at the regular
general fund (millage rate) and reduce it. He further briefly explained how these funds would
help the city grow.
Commissioner Wilsen shared that she was just as surprised as the residents when she received
her notice in the mail. She knows that they have to pay for fire services so she would be in
support for a flat fee of no more than $69.50 and that is something they will have to discuss at
the September 5 th meeting. She is not in favor of new taxes but she is in favor of the commission
supporting the services that they have in the city.
Commissioner Grogan shared that he was more surprised at finding out how many houses do
not pay taxes. He expressed that there has to be some type of paying in method to get all the
projects done and help manage the growth within the city.
Mayor Vandergrift shared that he does not agree with the tax and he finds it to be unfair. He
advised there are a lot of seniors and poor people who cannot afford this. He shared is discontent
with the proposal of a flat fee.
Further discussion ensued regarding the assessment and whether they would be able to make a
motion tonight.
City Attorney Cookson advised there are two avenues they can take, 1) they can wait until
September 5 th which has been noticed for the public hearing, or 2) they can make a motion to
rescind the action that was done at the last meeting. He briefly explained how the motion could
be rescinded. He further advised should they rescind the motion since the notices have gone out
then the city would have to re- notice the residents of a cancellation of that meeting. City
Attorney Cookson advised that his recommendation would be to save the cost on the re-
notification and wait until September 5 th for further discussion and determination.
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Regular City Commission. Meeting
August 20, 2013
Mayor Vandergrift shared since he is not in the majority than he cannot reconsider.
Mayor Vandergrift moved to rescind the actions of the previous commission
meeting with regards to the fire assessment. Motion dies for lack of second.
D. STAFF REPORTS AND AGENDA RE VIEW
Assistant City Manager Shadrix announced the next Budget Workshop will be August 28,
2013, at 6:00 p.m. in the Commission Chambers.
City Attorney Cookson advised that, in regards to the Dollar General store, the developer and
HOA have been in negotiations to reach a settlement so he would like to have a Closed Session
to explain that settlement. It was consensus that September 17"' at 6:30 p.m. would work for all.
City Attorney Cookson said they will also discuss the Mercon settlement offer during that
Session.
E. C OM MISSI ONERS ANNOUNCEMENTS
Commissioner Grogan -- 1) announced the Citizen Police Academy is from 6:00pm to 9:00pm
at City Hall. This program is eight weeks long (32 hour program). Classes meet eight straight
Wednesday evenings starting on Wednesday September 4, 2013, from 6:00pm to 9:00pm in the
Commission Chambers. This academy is taught by Ocoee Police Officers or industry experts,
funded by donations and free to residents. Topics include department overview, station tour,
police equipment, laws and crimes, domestic violence, traffic enforcement, use of force
simulator, firearm laws & safety, crime prevention, forensics and participants are eligible for one
ride -along with an officer on normal patrol. If interested contact Officer Patera Scott at 407 -905-
3160 ext. 3024 or at pa tera.sco tt a gcoee.org. 2) Handgun Safety Class — Saturday September 7,
2013, from 8:00a.m. to 12:00p,m, This is a free handgun safety class taught by Ocoee Police
Officers. Topics include terminology, safety, loading and unloading, shooting basics, laws, use
of force, concealed weapon permits and proficiency. The class is held at the Ocoee Police
Department. If interested please contact Officer Patera Scott at 407 - 905 -3160 ext. 3024 or at
aatte ra.scott(r)ocoee. org.
Commissioner Wilsen — announced the Parks and Recreation Department is accepting
registration for its Before and After School Camp Program for children 5 to 14 years of
age. Parents that are interested in registering their children for the camp should contact the Parks
and Recreation Department at 407 -905 -3180.
Commissioner Johnson — announced "Kicks for Guns" event - Thursday August 22, 2013,
from 7:00a.m. to 7:00p.m. at High Point Church, located at 476 Ocoee Commerce Parkway,
Ocoee, FL 34761. The Ocoee Police Department will host a "Kicks for Guns" gun buyback
program. The police department will give away $50 gift cards to anyone who turns in a firearm.
No questions will be asked of the person turning in the firearm in hopes of removing as many
unwanted firearms as possible off the streets.
Commissioner Keller — announced National Preparedness Month. This September is recognized
as National Preparedness Month the City of Ocoee encourages all citizens to assess and prepare
in case of a local disaster. It's time to make or update your family disaster plan and stock your
- - 3 1 Page
Regular City Commission Meeting
August 20, 2013
emergency supplies. All members of the household should work together on the emergency plan
and each person should know how to reach other family members and don't forget the pets.
Mayor Vandergrift — None
CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #13, except Item #11 which thev would like
to discuss for separate consideration. Motion carried 4 -0 with Mayor Vandergrift
away from the dais.
Approval of Minutes for the Regular Commission Meeting Held August 6, 2013. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 4 -0.
2. Reappointment to the General Employees' Pension Board of Trustees. (City Clerk
Eikenberry)
Trustees for the Pension Boards now serve four -year terms, as amended in Ordinance 2009 -020. The City
Commission appoints two of the trustees, two are elected from the employee body, and the fifth trustee is
chosen by those four trustees and presented to the City commission for certification of the appointment as a
ministerial act. Trustee Jean Grafton has indicated she is willing to serve another term if appointed. At this
time no other applications were received for serving on this board.
Approved on Consent. Motion carried 4 -0.
Reappointment of Trustee to the Police Officers' and Firefighters' Retirement Trust
Fund and Board of Trustees. (City Clerk Eikenberry)
Each member of the Police Officers' and Firefighters' Retirement 'Trust Fund Board of Trustees, as amended in
Ordinance 2010 -019, serves a four -year term. The City Commission appoints two of the trustees from the legal
residential body of the City of Ocoee, two are elected fi the employee body (one police officer and one
firefighter), and the fifth trustee is chosen by those four trustees and presented to the City commission for
certification of the appointment as a ministerial act.
Charles Brown is a Commission Appointed Trustee, and his term is set to expire September 30, 2013. Mr.
Brown has indicated he is willing to serve another tern if appointed. The position of the fifth trustee is also set
to expire September 30, 2013. At their next regular meeting in November, the Police Officers' and Firefighters'
Trust Fund Board of Trustees will choose their fifth trustee. We currently have one (1) application on file from
Mark Scalzo with an interest in serving on the board.
Approved on Consent. Motion carried 4 -0.
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Regular City Commission Meeting
August 20, 2013
4. Award of RFQ #1301 Continuing Engineering Services for Water Utility Modeling and
Minor Utility Studies. (Purchasing Agent Tolbert)
The City's contract for water utility modeling and minor utility studies with Reiss Engineering has expired. In
compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and
Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from professional
engineering firms or individuals that are interested in providing potable water, reclaimed water, and sanitary
sewer utility modeling services and associated utility studies within the Ocoee Utility Services Area (present
and /or future) in western Orange County. The City intends to award a contract to one (1) qualified engineering
firm to perform the required services. The contracts shall automatically be renewed annually, unless terminated
by the City in writing, for a maximum of five (5) years from the date of execution, with an additional one (1)
year renewal option. The selected Consultant shall not be eligible for other Utility professional services with the
City of Ocoee during the length of the contract.
The RFQ was advertised on June 23, 2013, and was publicly opened on July 23, 2013. There were two (2)
responses submitted. The Finance Department and Utilities Department reviewed the proposals and all were
considered responsive. Staff recommends that the City Commission award RFQ 91301 Continuing Engineering
Services for Water Utility modeling and Minor Utility Studies to Reiss Engineering Inc. as budgeted each fiscal
year; approximately $45,000 annually.
Approved on Consent. Motion carried 4 -0.
5. Certification of Non -Ad Valorem Assessment Roll for Stormwater Inclusion on the
Orange County Tax Roll for Fiscal Year 2013/2014. (Public Works Director Krug)
The City commission approved Resolution No. 2006 -003 to provide for collection of stormwater fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year
2013/2014 tax roll for Stormwater calculates revenue to be $3,598,434.27. This is an increase of $337,612.44
from the current year due to annexations, new homes along with corrections and adjustments of impervious
areas.
Approved on Consent. Motion carried 4 -0.
6. Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the
Orange County Tax Roll for Fiscal Year 2013/2014. (Public Works Director Krug)
The City commission approved Resolution No. 2006 -003 to provide for collection of Solid Waste fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year
2012/2013 tax roll for Solid Waste calculates revenue to be $2,931,012. This is based upon the residential
Solid Waste fee of $21 per month. This is an increase of $63,252 fi the current year and is attributed to
annexations and new homes.
Approved on Consent. Motion carried 4 -0.
7. Approval of Demolition of Structures at 678 S. Bluford Avenue. (Public Works Director
Krug)
At the May 7, 2013, meeting, the City Commission approved the purchase of the property located at 678 S.
Bluford Avenue for a future stormwater treatment feature. The City closed on the property purchase August 7,
2013. The original approval authorized the City Manager to secure the demolition of the remaining structures
up to the limit of his purchasing authority. Public Works is soliciting demolition quotes from the City's
Continuing Service Contractors and anticipates the demolition costs may exceed the City Manager's purchasing
level. In order to eliminate the liability exposure the existing dilapidated structures on site pose to the City,
Public Works is requesting the Commission authorize the City Manager to approve demolition costs up to
$50,000.00 to ensure the work proceeds in an expeditious manner. The funding for this work is available in the
balances from completed Stormwater Utility projects.
Approved on Consent. Motion carried 4 -0.
5 1Page
Regular City Commission Meeting
August 20, 2013
8. Approval of Budget Transfer in the Amount of $26,000 from the Public Works
Department Budget to the Contract for Heartspoken Counseling, Inc. (Human
Resources Director Williford)
The current contract with Heartspoken Counseling, Inc. was approved by the City Commission on January 4,
2011. The Agreement is for psychiatric initial assessments, individual and family counseling, group counseling
and training seminars for employees and their dependents. The budgeted amount for this fiscal year is $60,000.
However, due to increased usage of this service and based on charges so far incurred, there is a shortfall of
approximately $26,000. Based on figures ft•om the Finance Department, there are funds available in Public
Works streets 001 - 541 -10 -1200 (Salaries).
Approved on Consent. Motion carried 4 -0.
9. Annual Kicks 4 Guns Firearms Turn -In Initiative: Request for up to $4000 from the
State Equitably Shared Funds (Forfeiture Funds). (Police Chief Brown)
Clear Channel -- REAL Radio in partnership with the Central Florida Crimeline will be organizing the annual
Kicks 4 Guns (gun turn in). The event is scheduled for August 22nd. Last year there were 12 locations and in
one day 1333 firearms were turned over to law enforcement with no questions asked.
This year the Ocoee Police Department will again participate in the Kicks 4 Guns initiative. Law enforcement
hosts for the initiative typically give $50 give cards for firearms turned in. Per Florida State Statutes 932.7055
"...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband
Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the
support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood, or school resource officer program(s).
The Ocoee Police Department wishes to expend not more than $4,000 from its Forfeiture account to purchase
gifts cards with which to trade for potential crime guns in conjunction with the Central Florida Crimeline and
Real Radio 104.1 FM "Kicks For Guns" turn in program.
Approved on Consent. Motion carried 4 -0.
10. Approval of the Intergovernmental Agreement with the Orange County Property
Appraiser for Use of the Uniform Method to Collect Non -ad Valorem Assessments.
(Support Services Director Butler)
Florida Statutes provide for the Orange County Property Appraiser to support municipalities in applying the
Uniform Method for the notice, levy, collection, and enforcement of non -ad valorem assessments. An
intergovernmental agreement has been developed to facilitate the relationship between the City of Ocoee and
the Orange County Property Appraiser to provide this support in a uniform and reliable manner that complies
with State law and the rules and regulations of the Florida Department of Revenue.
Approved on Consent. Motion carried 4 -0.
11. Approval of Community Grant Program — July 2013 Cycle. (Community Relations
Manager Wright)
The Community Grant Review Board (CGRB) met on August 6, 2013, to discuss the 13 applications received
for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant
Program provides financial grants of up to $500 to non -profit organizations and civic groups located within the
city limits or are located outside the city limits but benefit residents of Ocoee. The grants are awarded twice
yearly to acknowledge excellence and further the contributions these local organizations bring to the Ocoee
community.
There is $5,500 allotted for this cycle of the Community Grant Program. The Community Grant Review Board
voted to fund 10 organizations in the total amount of $4,900. The following three organizations were denied
grant funding: Girl Scouts West Orange Service Unit, Ocoee Church of God /Lighthouse Christian Academy
and Indian Horizon of Florida.
This item was pulled for separate consideration.
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Regular City Commission Meeting
August 20, 2013
Nancy Cox, Girls Scouts West Orange Service Unit, advised they were denied because they
did not have a sponsor letter and because it did not appear the money was going only to Ocoee
children. She explained the process she has to go through with the Girl Scouts, and asked the
commission to reconsider.
There was discussion among the commission and Community Relations Manager Wright
with regard to applicants from outside of the city.
Commissioner Johnson, seconded by Commissioner Grogan, moved to approve
the grant funds as recommended by staff adding a grant award in the amount of
$500 to the Girls Scouts West Orange and excluding the Care Feline TNR, Inc.
grant Motion carried 4 -0 with Mayor Vandergrift away from the dais.
12. Approval of a Budget Transfer in the amount of $12,000.00 from the Salaries Budget to,
the Contractual Services Account of the Building Division. (Building Official',
Washington)
In the July 16, 2013, meeting the Honorable Mayor and Board of City Commissioners authorized a budget
transfer of $24,999.00 to engage the services of private provider PDCS, LT,C for a multi -trade inspector to
maintain the basic level of customer service for the Building Division with an overage of $650.00. Presently,
the Building Division continues to experience an increase of permitting activity resulting in a workforce
incapable of meeting today's permitting demands and customer service commitments. The recovery of the
housing market and continuous demands for new single family residence permits and commercial business
remodels continue to challenge the inspections and plan review capacity of the Building Division staff.
Furthermore, the growing demands of the industry have made it challenging to fill the remaining inspector
position. The Building Division is compelled to pursue the services of a private provider for a plans examiner
and a multi -trade inspector until the inspector position can be filled.
Approved on Consent. Motion carried 4 -0.
13. Reappointments to the Personnel Board. (City Clerk Eikenberry)
In accordance with Section C-30 Charter of the City of Ocoee the Personnel Board shall consist of at least one
(1) city employee, one (1) City Commissioner, one (1) person who holds a management position with the city
and one (1) citizen of Ocoee who is not employed by and does not hold office with the city.
The Personnel Board has not met since 2011 and therefore some terms members have expired. At the April 2,
2013, Commission meeting, Commissioner Johnson was reappointed to this Board. Both Beth Eikenberry
(management) and Debbie Bertling (employee) have expressed an interest in serving another term.
Approved on Consent. Motion carried 4 -0.
F. PUBLIC HEARINGS -
G. FIRST REA OF O
14. First Reading of Ordinance for Arbours at Crown Point PUD — Rezoning to PUD /Land
Use Plan. (Second Reading and Public Hearing scheduled for September 17, 2013, Regular Commission
Meeting at 7:15 p. in. or soon thereafter). (City Planner Rumer)
The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1
acres in size, and is currently vacant except for an abandoned agricultural structure. The subject property is
located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the
eastern property line. Pedestrian access to the West Orange Trail is being provided on the northern property line
with a vehicular crossing located on the eastern property line subject to Orange County approval.
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Regular City Commission Meeting
August 20, 2013
The applicant is proposing to rezone the property from 1 -1 (Light Industrial) to Planned Unit Development
(PUD) for the purpose of developing a mixed use community that combines 192 multi - family apartments with
future light industrial uses. Access is proposed via an existing entrance off West Road. An internal road
dedicated to the public will be provided in the PUD I_,and Use Plan.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on September 17, 2013, at 7:15 p.m. or soon
thereafter.
15. First Reading of Proposed Ordinance Amending the City of Ocoee Municipal General
Employees' Retirement Trust Fund. (Second Reading and Public Hearing scheduled for September
17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (General Employees'
Retirement Board Chairman Wagner)
Attorney fl. Lee Delmer outlines amendments which are required to be made to the General Employees' Trust
Fund Ordinance to conform to Federal Internal Revenue Code changes. These changes are mandatory to ensure
the Plan's tax qualified status. Additionally, there are some actuarial modifications proposed. None of these
changes are anticipated to have any financial costs to the City.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tent Keller announced the
second reading and public hearing will be held on September 17, 2013, at 7:15 p.m. or soon
thereafter.
16. First Reading of Proposed Ordinances Amending the Police Officers' & Firefighters'
Retirement Trust Fund. (Second Reading and Public Hearing scheduled for September 17, 2013,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Officers' & Firefighters'
Retirement Board Chairman Brown)
a. Interna Re ve n ue Co (IR Ch anges _
Amendment to the Police and Fire Pension Ordinance Section 1, Definitions to amend the definitions of
Credited Service, Section 4, finances and Fund Management, and Section 15, Maximum Pension, to
comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such
as this plan_ These amendments clarify language required by the IRC and are mandatory amendments that
must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. With
these additional changes, the pension plan will comply with all required applicable IRC changes and
updates.
b. Collective Bargaining Agreements (CBA) Changes
Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes:
- Amending the definition of Salary to comply with the regulations set forth in Senate Bill 1128 regulating
the calculation of overtime hours to 300 per calendar year, and unused paid time off at final compensation.
- Increase the Members Contribution rate from 7.6% to 8.0 effective September 17, 2013.
-City shall make quarterly contributions to the Fund in an amount equal to the required City contribution,
as shown by applicable actuarial valuation of the system, but in any event, not less than 12% of the payroll
of the bargaining members
- Implementing a maximum accrued benefit cap equal to 91% of Average Final Compensation for all
Members hired on after October 1, 2012.
- Amending the DROP (Deferred Retirement Option Plan) provision for Members who enter DROP on or
after October 1, 2012, to reduce the fixed interest accrual from 6.5% to 2.0% per year compounded
monthly.
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Regular City Commission Meeting
August 20, 2013
City Attorney Cookson read the title of the two Ordinances. Mayor Pro Tem Keller
announced the second readings and public hearings will be held on September 17, 2013, at 7:15
p.m. or soon thereafter.
17. First Reading of Ordinance to Amend Chapter 54 of the Code of Ordinances of the City
of Ocoee to Authorize the City Manager or his Designee to Assign Addresses to
Properties and Improvements within the City Limits. (Second Reading and Public Hearing
scheduled for September 17, 2013, Regular Commission Meeting at 7.15 p.m. or soon thereafter). (Support
Services Director Butler)
As currently enacted, Chapter 54 of the City Code designates the Building Official as the person with the
responsibility to assign address numbers to principle structures (buildings) within the city limits. With the
creation of the Support Services Department and other personnel changes, the city needs flexibility in assigning
the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the current
chapter to allow the City Manager to designate the person or organizational unit most suitable for the task,
making appropriate changes in such designation as the situation warrants.
In addition to providing flexibility in the assignment of the addressing responsibility, the proposed amendments
clarify the ordinance to indicate that addresses may be assigned to separately identifiable parts of a single
structure, such as in the case of a shopping center with multiple tenant spaces separated by fire walls, and to
individual subdivision lots so as to better manage the development review and building permit processes.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on September 17, 2013, at 7:15 p.m. or soon
thereafter.
18. First Reading of Ordinance to Amend Chapter 108 of the Code of Ordinances of the
City of Ocoee to Authorize the City Manager or his Designee as the Enforcement
Officer to Carry Out the Functions of Enforcing Minimum Standards for Residential
and Commercial Properties within the City Limits. (Second Reading and Public Hearing
scheduled for September 17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Support
Services Director Butler)
As currently enacted, Chapter 108 of the City Code designates the Building and Zoning Official as the person
with the responsibility to enforce the Minimum Standards Codes of the City. With the creation of the Support
Services Department and other personnel changes, the city needs flexibility in assigning the responsibility for
this duty. Accordingly, staff has developed a set of minor modifications to the current chapter to allow the City
Manager to designate the person most suitable to serve as the Enforcement Officer, making appropriate changes
in such designation as the situation warrants. Responsibilities that continue to be appropriate for the Building
Official and /or the Code Enforcement Board, such as determining whether a structure should be condemned as
being unfit for human occupation, remain assigned to those persons.
In addition to providing flexibility in assigning the Enforcement Officer position, the proposed amendments
modify the title of Building and Zoning Official to Building Official in order to correctly reference the scope of
the position today, with zoning responsibilities being assigned to the Planning Division. The amendments also
bring the language into line with the current edition of the Florida Building Code relative to the classification
system for levels of alteration recognized in the Code.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on September 17, 2013, at 7:15 p.m. or soon
thereafter.
H. REGULAR AG ENDA
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Regular City Commission Meeting
August 20, 2013
19. Approval of West 50 Commercial Subdivision — Third Amendment to the Development
Agreement. (City Planner Rumer)
In May 2007, the City Commission approved an Annexation and Development Agreement with West 50
Properties. The Agreement provides for certain permitted uses, granted various waivers and allocated Traffic
Mitigation Payments among the Lots. Section 8 of the Annexation and Development agreement specified
permitted and prohibited uses of which veterinary hospitals and kennels are listed as a prohibited use. Lot 3 of
West 50 properties is proposing an 11,000 square foot indoor kennel which will require an amendment to the
prohibited uses specified in Section 8 of the Annexation and Development agreement.
City Attorney Cookson explained that they entered into an annexation agreement that restricted
the use of this property and did not allow veterinary hospital or kennel. We need to revise the
Development Agreement if we want to allow an Indoor Kennel on this property. City Planner
Rumer advised this is not a public hearing. He further gave a brief history of the approvals for
neighboring businesses and stated that staff is in full support of this project.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the third amendment to the Development Agreement allowing an indoor kennel
no larger than 11,000 square feet. Motion carried 5 -0.
20. Approval of Red Light Camera Hearing Officer Agreement and Resolution to Comply
with the Mark Wandall Traffic Safety Act. (Assistant City Attorney Drage)
During the recent session, the Florida Legislature passed and the Governor signed into law CS /CS /HB7125,
now known as Chapter 2013 -160 haws of Florida amending certain provisions of the Mark Wandall Traffic
Safety Act. The City Commission recently amended the City Code of Ordinances to comply with the new
statutory provisions. The City Commission also recently approved an amendment to the Agreement with the
City's traffic light camera vendor, American "Traffic Solutions, LLC.
In order to comply with the new statutory provisions, the City is required to provide a Hearing Officer, a Clerk
for the Hearing Officer and a facility for hearings to contest Notices of Violation issued for red light camera
violations.
Commissioner Wilsen advised she has a conflict with this item and will like to be excused while
it is discussed and voted on. She left the room.
City Attorney Cookson advised this agenda items is for approval of the resolution along with
approval of a hearing officer. It was explained that the recommended appointment would be for
Fred Wilsen, in the amount of $100 per hour or $500 per meeting. whichever was more. There
was discussion among the Commission, Police Chief Brown, and Lt. Brad Dreasher regarding
the cost of the city having our own Hearing Officer vs. using the court system or other options. It
was determined that it would take a few months to get an idea how many hearings there would
be and how long they would last. City Attorney Cookson suggested that they wait a few
months to look at the numbers and set some restrictions and court fines at that time. The
ordinance currently states that fees can be added up to $250. Commissioner Johnson noted that
the Hearing Officer contract is only a year contract, so we can try it for a year and see how it
works out.
Mayor Vandergrift also confirmed that we need to appoint the Hearing Clerk, as City Clerk
Eikenberry, or her designee. Chief Brown stated the Police Department had administrative
personnel who were going to clerk that board.
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Regular City Commission Meeting
August 20, 2013
Commissioner Johnson, seconded by Mayor Vandergrift, moved to approve the
appointment of Fred Wilsen as Hearing Officer and City Clerk Eikenberry, or her
designee, as the Hearing Clerk. Motion carried 4 -0 with Commissioner Wilsen
abstaining.
I. STAFF ACTION I TEMS
J CO FROM COMMISSIONER
Commissioner Grogan —None
Commissioner Wilsen — announced there will not be a Regular Commission Meeting on
September 3' . "There is a Budget Workshop scheduled for August 28, 2013, and a Special
Meeting for the Fire Assessment Fee on September 5, 2013.
Commissioner Johnson —
1) asked Firefighters Kelley and Bowman to come forward to speak. Commissioner Johnson
shared that there is a plaque that was designated to Dominic (Donnie) Ungaro that is being
overshadowed by an oak tree at its current location at the main fire station. Firefighter Kelley
explained that they would like to move the flag pole about 20 feet and add a retaining wall,
pavers, a new plaque and sorne lighting. The plaque is now at Station 26, it was originally at the
Adair station with that building dedicated in his honor. They don't feel they should move the
plaque because the building dates don't match the newer station. They would like to get this
done as soon as possible, since Mr. Ungero's widow is getting up in age.
Commissioner Johnson, seconded by Mayor Vandergrift, moved to approve up to
$3,000 for the Fire Department to move the memorial to Firefighter Dominic
Ungaro, to be taken from contingency. Motion carried 5 -0
2) Firefighter Shorty Bowman and James Kelley also advised that Breast Cancer Month
is in October and they are inquiring if they can wear the pink t- shirts supporting the cause instead
of their regular uniforms. They added that they will also be selling the t- shirts for $20 and the
proceeds will go to the Susan B. Komen Breast Cancer fund. Consensus from the
Commission
3) Called Parks and Recreation Director and Support Services Director up to speak. Mr.
Butler explained that we received a proposal last week from Michelle Bergstein - Fontanez; she
has a marketing company.. BeatCreative for special events and new marketing programs. She has
joined forces with VB Joshi, who has a website development firm, VGlobalTech. They are
familiar with Civics Plus, the website we will be using and they put together a proposal to do
some early marketing, website development, photo shoot, and social media posting, etc. We will
need to work out public record issues with social networks; however the total package over a 4 -5
month period is around $13,000, with some being continuing fees for a certain number of months
of blog and entries, etc. to maintain the momentum of the initial marketing part. We would work
on this with our CivicPlus platform to migrate right over into reservations and the commercial
aspects such as registration for caterers, etc. They have put together a proposal with the cost
being spread out over several months. Commissioner Wilsen asked if this will allow someone
to register online. Mr. Butler said we will be working in that direction once we can accept
11 111age
Regular City Commission Meeting
August 20, 2013
money, however this is to begin with the marketing piece. Commissioner Wilsen asked if we
will be able to maintain it once the 4 -5 month period is over; will CivicPlus be able to take it
over. Mr. Butler said parts of their functionality will go beyond what CivicPlus does so there
will be an interface where you will be looking at CiviePlus page and can link over the part they
are developing. They (BeatCreative) have interfaced with CivicPlus so that you can move back
and forth between the marketing piece and the reservation piece. Commissioner Johnsons said
this will allow a lay person to make changes to websites in a way that they can't at this time.
There was a short discussion on naming the new facility. He mentioned that they met Ms.
Fontanis at a conference and found that she is a local resident. Assistant City Manager Shadrix
advised that this is a relatively small amount of money and we don't have time to go through the
procurement process before the center opens. There was discussion regarding how and when the
services will be implemented.
Commissioner Johnson, seconded by Commissioner Wilsen, made a motion to
move forward with the proposal from BeatCreative Marketing and V Global Tech,
to set up a website and marketing campaign, at a cost not to exceed $13000;
funds to be taken from the contingency fund. Motion carried 5 -0.
Commissioner Keller — None
Commissioner Wilsen said that she feels it is a good time to ask for, that they cannot give away
this facility or allow people to request that fees are waived and she would like staff to draw
something up with guidelines for that. Assistant City Manager Shadrix advised they do plan on
having a presentation at the next budget meeting. The consensus of the commission was to
decide after they hear the presentation.
Commissioner Grogan, seconded by Commissioner Johnson, moved to upgrade
the iPads to the IPad5 for the City Manager's Office, the Commissioners, and the
City Clerk, and the funds should be taken from contingency. Motion carried 5 -0.
Mayor Vandergrift — None
ADJOURNMENT
Meeting adjourned at 9:41 p.m.
Attest:
APPROVED:
City of Ocoee
Be ikenberry, City Clerk S. Scott Vandergrift, Ma on
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