09-17-13MINUTES
September 17, 2013, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
B. P RESENTATIONS AND PROCLAMATION
Proclamation — Diaper Need Awareness Week — September W 1 -14
Mayor Vandergrift proclaimed September 8th -14th as Diaper Need Awareness Week.
Proclamation - Hispanic Heritage Day — Fiesta De Colores Celebration — September 14
Mayor Vandergrift proclaimed September 14 as Hispanic Heritage Day — Fiesta De Colores
Celebration
Presentation to Recognize Commissioner Wilsen for Being a Part of the League's Tri-
County Advocacy Team Pilot Project
Kathy Till, President of Advocacy Consultant for Florida League of Cities, Inc. presented a
Certificate of Advocacy Excellence to Commissioner Wilsen, on behalf of the Florida League of
Cities, for Mrs. Wilsen's service and continued support with the Tri- County Advocacy Team
Pilot Project.
Presentation on Central Florida Water Initiative (CFWI)
Nancy Christman, the Intergovernmental Coordinator for St. Johns River Water
Management District gave a brief presentation on Central Florida Water Initiative (CFWI), a
collaborative water supply planning effort among the state's three largest water management
districts, the Florida Department of Environmental Protection, the Florida Department of
Agricultural and Consumer Services and regional water utilities. The CFWI mission is to help
protect, develop, conserve and restore central Florida's water resources.
The draft Regional Water Supply Plan will be released November 30, 2013, and input from local
govermnents, utilities, citizens and other stakeholders is very important. Public meetings will be
held from September — December for educational purposes and to take comments on the Plan.
The next phase of the water supply planning process is the work of the Solutions Team to review
the future water demands and determine the potential alternative water supply projects to be
developed.
Discussion ensued regarding private companies that are allowed to pump water, for profit, out of
the aquifers when residents are given water constraints. It was explained that companies would
be required to get a permit only if it meets the rules allowed by St. Jo1ms. These companies
would also be required to do alternative water supply. Further discussion ensued.
Regular City Commission
September 17, 2013
Commissioner Keller inquired if approval would be needed from the City once the water plan
goes into effect. Ms. Christman advised once the water supply is approved by the governing
board than local governments would do a facility work plan which would show how the City
would provide water to their residents for that 10 year period. Further discussion ensued on the
recent approval of the 20 year plan and if this would affect that.
Commissioner Keller commented that one of the things he has suggested both on a national and
local level was a desalination plan. He explained water being pulled out of the Pacific coast,
Atlantic coast, and Gulf of Mexico could help reduce the amount of sea level rising based on
global warming. Mr. Keller expressed that he feels the State should seriously look at this since
he thinks we have a better chance of pulling water out of the ocean than pulling water out of St.
John. Brief discussion ensued regarding desalination.
Commissioner Wilsen inquired if the meeting dates mentioned for the upcoming Regional
Water Supply Plan could be put in the water bills. Further discussion ensued regarding
alternative water supply projects which may developed in the future.
[C. COMMENTS FROM CITIZENS /PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced:
1) Emergency Item 41: Due to an accident at Blackwood /Old Winter Garden an emergency
purchase order was done in the amount of $27,890.50 for replacement of a Traffic
Cabinet and Electrical Service.
Mayor Vandergrift, seconded by Commissioner Keller, moved to approve
Emergency Item #1 - Replacement of a Traffic Cabinet and Electrical Service in
the amount of $27,890.50. Motion carried 5 -0.
2) Emergency Item #2: Approval is needed to award the grant to Musco Sports Lighting as a
sole source provider for lights at the Baseball field. This is a federal grant and we must
comply with the purchasing procedures. The lights have been installed.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve
Emergency Item #2 - Award grant to Musco Sports Lighting as a sole source
provider for lights at the Baseball field. Motion carried 5 -0.
3) The Parks and Recreation Department will be celebrating the second anniversary for its
Food Truck Friday event, on Friday, September 20th, from 6:00 to 9:00 pm, on
Lakeshore Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and
delectable treats, and the movie "E.T." will be shown during the event; the movie will
start at 8:00 p.m., so come out and enjoy a dinner and a movie in the park.
4) The City of Ocoee's 6th Annual Haunted House to be held on October 19, 24, 25, and 26.
The spook- tacular haunted house is located at 951 Ocoee Apopka Road. Admission is
$3.00. For the younger children, there will be fun activities including a bounce house,
hayrides, prizes, candy and refreshments.
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5) Staff is working on the refunding of the 2003 Water and Sewer Bonds for debt service
savings and will bring something to the Commission during October with the specifics.
City Attorney Cookson gave an update on the Silver Bend vs. Dollar General Litigation. He
sated there is a copy of the settlement agreement on the dais. He reviewed what had been going
on thus far with the litigation. He said it was supposed to be part of our closed session this
evening; however it has been settled so that was not necessary. He advised that the HOA has
dismissed the lawsuit and there is a settlement. Mr. Cookson briefly explained the terms of the
settlement. He noted that some of the items included in the settlement agreement were to 1)
Install a 6 foot high wall along the southern portion of the property backing up to the seven lots
2) 5 foot sidewalk that runs parallel to that wall 3) a right -in right -out access off of Silver Star
Road 3) Developer agreement to pay $40,000 to help pay the attorney settlement fees, 4)
relocated the entrance road off of Silver Bend Blvd. that had been the southeastern portion of the
community, and will now be further north away from the entrance to the community, 5)
developer agreed to pay 50% of landscaping costs for Silver Bend Blvd. up to $1500 per year, 6)
installation of a 32" high knee wall that rums parallel to Silver Bend Blvd., similar to the wall at
the Race Trac gas station. 6) the HOA will have a chance to look at the design elevation of the
building and if the parties were not able to agree on the design the developer would pay the HOA
another $10,000. Mr. Cookson added that the developer will have to submit a new site plan
incorporating all of these new items and we will go from there. No further action needs to be
made by the City.
City Attorney Cookson advised that the second item he would like update them on is the
AllSports Senior Living bond. Mr. Cookson briefly explained several options the City could
consider regarding the bonds. Explanation was given on the consideration of a travelling big boy
letter which would stay with the bonds and advise any of the potential buyers of the risk of the
bond. Mr. Cookson said they have met with the developer and they were advised that the City
did not want these bonds to fall into the hands of smaller investors that could potentially be
harmed. The developer was willing to increase the denominations to $100,000 but was not
willing to have the travelling big boy letter go along with the bonds. Staff will need the
commission to give direction on how they want to move forward with the developer. Discussion
ensued on what would be the best interest for the City.
Commissioner Grogan, seconded by Commissioner Johnson, moved to not
accept the Allsports Bond without the travelling big boy letter. Motion carried 5 -0.
City Manager Frank clarified that if they have a discussion with the developer and they accept
doing the travelling big boy letter that the City can continue on. Information can be brought back
to the Commission in November - December to finalize the bond issuance. No objection was
made from the Commission.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Grogan None
Commissioner Wilsen — None
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Commissioner Johnson — None
Commissioner Keller — announced the City of Ocoee Police Department will be hosting a free
community picnic at Central Park on Saturday October 5, 2013, from 11:00a.m. till 2:00p.m.
There will be free food, drinks, games, raffles, prizes and more at this event. The picnic will
occur at Vignetti Park located at 1910 Adair Street Ocoee, FL 34761.
Mayor Vandergrift — thanked everyone involved in hosting the Fiesta de Colores event on
September 14"'. It was a great event.
�' • CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #8. Motion carried 5 -0.
Approval of Minutes for the Regular Commission Meeting Held August 20, 2013, and
Budget Workshop Meetings Held August 14, 2013, and August 28, 2013. (City Clerk
Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve three -year terms. Currently the Human Relations
Diversity Board has thirteen (13) members and their resolution allows no less than seven (7) members and no
more than thirteen (13) members. Due to the resignation of Gwendolyn King, there is one (1) vacant position
available.
We do currently have one application on file from Harendra Singh with an interest in serving on the board.
Approved on Consent. Motion carried 5 -0.
3. Appointment to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three year terms.
There are currently two (2) alternate member positions open. An Application has been received from Michael
Hopper who has shown an interest on being appointed to the Code Enforcement Board for a tern ending June
2016. Mr. Hopper previously served on the board for three (3) terms. There are no other applications on file to
fill the board opening.
Approved on Consent. Motion carried 5 -0.
4. Authorization for Use of County Solid Waste Management System. (Public Works
Director Krug)
The City has historically utilized the County solid waste management system to dispose of residential and
commercial solid waste. The interlocal agreement between the City and Orange County expired in September,
2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to
receive County solid waste management services under the terms of the expired interlocal agreement until a
new agreement was reached. The County Commission since elected to take a step back and re- evaluated their
rate structure ultimately lowering the tipping fees to the City's benefit.
Due to the County's prolonged rate evaluation process, the City is still negotiating a new contract. The City
Commission previously authorized use of the County solid waste management system through September 30,
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2013. While interlocal agreement negotiations continue, Public Works seeks City Commission authorization to
continue to use the County solid waste management system to dispose of residential and commercial solid waste
until a new agreement is reached or April 30, 2014.
Approved on Consent. Motion carried 5 -0.
5. Approval of Motor Fuels — Tank Wagon Deliveries. (Public Works Director Krug)
The City is a member of the Central Florida Pwrchasing Cooperative where Orange County is the lead agency in
solicitations that can benefit multiple municipalities. The City approved utilizing this purchasing power for
petroleum products on May 1, 2012, for bulk transport loads delivered to the Public Works complex and tank
wagon loads delivered to remote sites throughout the City. The vendor providing the tank wagon load
deliveries has changed and Public Works is requesting Commission approval to utilize the new contract with
Atlas Oil Company for as long as the contract remains valid.
Approved on Consent. Motion carried 5 -0.
6. Award of RFQ #1302 Continuing Professional Engineering Services for
Instrumentation, Control and Electrical Design and Planning Services. (Purchasing
Agent Tolbert)
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 engineering services for the
planning and design of water, wastewater and reclaimed water facilities which shall include industrial -type low
and medium voltage AC and DC distribution systems, equipment and devices; and the planning, design,
programming and troubleshooting of supervisory control and data acquisition (SCADA) software and
Programmable Logic Controllers (PLC); and integration of emerging technologies. The continuing contract
shall have an initial three (3) year period with two automatic one -year renewable extensions, for a maximum of
five (5) total years, unless otherwise terminated by either party, in writing, giving thirty (30) days' notice. In
addition, the selected firm shall be eligible to provide other professional services to the City that are not covered
in this RFQ during the contract period.
Staff recommends that the City Commission award RFQ #1302 Continuing Professional Engineering Services
for Instrumentation, Control, and Electrical Design and Planning services to McKim & Creed Inc. as budgeted
each fiscal year; approximately $60,000 for consulting services for SCADA /PLC upgrades in the current fiscal
year, and anticipate approximately $25,000 each additional fiscal year.
Approved on Consent. Motion carried 5 -0.
7. Approval of Resolution to Specifically Designate Certain Subdivisions as Golf Cart
Communities. (Police Chief Brown)
The City has in place an ordinance authorizing the use of golf carts (the "Golf Cart Ordinance ") within certain
communities and streets pursuant to the provisions of Article III of Chapter 153 of the Ocoee City Code. The
purpose of this Resolution is to specifically designate the following subdivisions as Golf Cart Communities as
defined in the Golf Cart Ordinance: Orchard Park, Prairie Lake, Windstone, Remington Oaks, Westchester and
Saw Mill. Public Works will install road signs and a map will be posted on the City's website in order to
inform the public of the boundaries. Shuffield Lowman has reviewed this resolution.
Approved on Consent. Motion carried 5 -0.
Approval to Modify the Maintenance Contract with CenturyLink for Maintenance of
the City's Telephone System in Order to Correct the Price of a One -year Agreement,
which will go from $20,012.49 to $20,834.49. (Support Services Director Butler)
'The City Commission approved an emergency agenda item at its July 16, 2013 to approve a new one -year
maintenance agreement between the City and CenturyLink to provide hardware and software maintenance of
the city's telephone system.
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This agreement was the subject of an emergency action due to the expiration of the software maintenance
agreement, which is a third -party service provided under an agreement between the manufacturer of the city's
PBX, CenturyLink, and the City. The agreement had expired due to the amount of time required for
CenturyLink to get an accurate inventory of city telephone facilities. The cost of the desired service was
proposed to be $20,012.49 per year, or $1,667.71 per month. When the first month's invoice for the
maintenance service was calculated by CenturyLink, a discrepancy was discovered. That difference is the result
of the original price quote not including the full cost of service at those additional locations identified by the
City for 24 hour service seven days a week. The actual annual cost should be $20,834.49, or $1,736.21 per
month. This is a difference of $822 over the one -year term of the agreement.
Approved on Consent. Motion carried 5 -0.
5 Minute Recess
After 5 mini -tte recess agenda items were moved out of agenda order and heard as follows: Item
#14a. b., Item # 20, Item #19a. b. After those items were heard agenda reverled back to the
original order.
G. FIRST READI OF ORDINANCES
9. Garcia (424 3 rd Street). (Second Reading and Public Hearing scheduled for October 1, 2013, Regular
Commission Meeting at 7: I5 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located on the west side of 3rd Street and approximately 170 feet north of the
intersection of 3rd Street and E Silver Star Rd.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on October 1, 2013, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
10. Medina (538 I sr Street). (Second Reacting and Public Hearing scheduled for October 1, 2013, Regular
Commission llleeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located on the west side of 1st Street and approximately 120 feet south of the
intersection of Center St. and I" Street.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on October 1, 2013, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
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11. Barkeritaville. (Second Reading and Public Hearing scheduled for October 15, 2013, Regular Commission
Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located on the east side of Tonryn Boulevard, approximately 1,230 feet north of the
intersection of Roberson Road and Windermere/ Tonryn Boulevard.
a. Annexation Ordinance
b. Rezoning Ordinance
c. Small Scale Comprehensive Plan Amendment
City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on October 15, 2013, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
12. Strickland LLC (301 W Silver Star Road). (Second Reading and Public Hearing scheduled for
October- 1, 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 W Silver Star Road, east of the intersection of Ocoee
Apopka Road and W Silver Star Road.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on October 1, 2013, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
13. First Reading - Ordinance Amending Chapter 136 Sexual Offenders and Sexual
Predators. (Second Reading and Public Hearing scheduled ,for October 1, 2013, Regular Convnission
Meeting at 7:15 p. in. or soon thereafter). (Police Chief Brown)
Chapter 136 of the City Code promotes, protects and improves the health, safety and welfare of the citizens of
the City by creating areas around locations where minors regularly congregate in concentrated numbers wherein
certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent
residence; and defines the period of time of temporary and permanent residences.
The Ocoee Police Department recommends amending Chapter 136 of the Code related to Sexual Offenders and
Sexual Predators to include a definition of transient resident as provided in the Florida Statutes; and amending
the Code to be consistent with references to related provisions of the Florida Statutes by amending the
definitions of permanent, temporary and transient residences, currently defined as a period of 14 days, to a
period of 5 days.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on October 1, 2013, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
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H. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
14. Second Reading of Ordinance for Arbours at Crown Point PUD. (Advertised in the Orlando
Sentinel on Thursday, Selvember 3, 2013). (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.
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 Land Use Plan.
a. Rezoning to PUD /Land Use Plan.
City Attorney Cookson read the title of the Ordinance.
City Planner Rumer explained this is similar to the rezoning that was done at Park Place;
however this is an industrial land use. The subject property is located on the north side of West
Road. The applicant is proposing to rezone the property from I -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. Mr. Rumer further explained the
proposed project and amenities that would be provided.
Mayor Vandergrift opened the public hearing.
Allison Turnbull, representative for the developer, said she was available for any questions.
Mayor Vandergrift inquired about a charter school going in on the proposed commercial site.
City Planner Rumer said that he has had a pre - application meeting with a development
company that does site acquisition for charter schools and that is 1 of the 11 sites they are
locating at in the City of Ocoee.
Mayor Vandergrift closed the public hearing.
Commissioner Grogan, seconded by Commissioner Keller, moved to approve the
Ordinance No. 2013 -016 authorize the change in zoning classification for Arbours
at Crown Point PUD Rezoning per staff's recommendation. Motion carried 5 -0.
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The ordinance as adopted on second reading carries the following title:
ORDINANCE 2013 -016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE LIGHT MANUFACTURING AND WAREHOUSING
DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 28.1 ACRES LOCATED ON THE NORTH
SIDE OF WEST ROAD AND WEST OF S.R. 429, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABIL.ITY; PROVIDING FOR
AN EFFECTIVE DATE.
b. Development Agreement (not ce public hearing)
City Attorney Cookson briefly explained the developer's agreement.
Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the
Arbours at Crown Point PUD Development Agreement per finalization on the
agreement with City staff. Motion carried 5 -0.
15. Second Reading of Proposed Ordinance Amending the City of Ocoee Municipal
General Employees' Retirement Trust Fund. (Advertised in the Orlando Sentinel on Thursday,
September 5, 2013). (General Employees' Retirement Board Chairman Wagner)
Attorney H. 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.
General Employees' Retirement Board Chairman Wagner briefly explained that this is a
requirement by the IRS. Most of the language changes will only apply to someone who makes
over $205,000 a year.
Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public
hearing was closed.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
Ordinance No. 2013 -011 amending the City of Ocoee Municipal General
Employees' Retirement Trust Fund. Motion carried 4 -0 with Mayor Vandergrift
away from the dais.
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The ordinance as adopted on second reading carries the following title:
ORDINANCE 2013 -011
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF
OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED
BY ORDINANCE NUMBER 2009 -020; AS SUBSEQUENTLY AMENDED; AMENDING
SECTION 1, DEFINITIONS BY AMENDING THE DEFINITIONS OF "ACTUARIAL
EQUIVALENT" AND "CREDITED SERVICE "; AMENDING SECTION 4, FINANCES AND
FUND MANAGEMENT; AMENDING SECTION 14, MAXIMUM PENSION; PROVIDING
FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Commissioner Johnson briefly commented that he would like to bring changes to the both
pension ordinances that would require that any members on the pension board would have to be
work for or live in the City of Ocoee. A brief discussion ensued.
Commissioner Johnson, seconded by Commissioner Grogan, moved to bring an
ordinance back that would change the membership requirements for the
Pensions Boards that all pension board members have to live in the city or work
for the city. Motion carried 4 -0 with Mayor Vandergrift away from the dais.
16. Second Reading of Proposed Ordinances Amending the Police Officers' & Firefighters'
Retirement Trust Fund. (Advertised in the Orlando Sentinel on Thursday, September 5, 2013). (Police
Officers' & Firefighters' Retirement Board Chairman Brown)
a. Internal Revenue Code (IRC) Changes
Amendment to the Police and Fire Pension Ordinance Section I, 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.
City Attorney Cookson read the title of the Ordinance.
Mayor Pro Tem Keller 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. 2013 -014 to Amend the Police Officers' & Firefighters' Retirement
Trust Fund Internal Revenue Code (IRC) Changes. Motion carried 4 -0 with Mayor
Vandergrift away from the dais.
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The ordinance as adopted on second reading carries the following title:
ORDINANCE 2013 -014
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF
OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST
FUND; AMENDING ORDINANCE NUMBER 2010 -019, AS SUBSEQUENTLY AMENDED;
AMENDING SECTION 1, DEFINITIONS BY AMENDING THE DEFINITION OF
"CREDITED SERVICE "; AMENDING SECTION 4, FINANCES AND FUND
MANAGEMENT; AMENDING SECTION 15, MAXIMUM PENSION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
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.
City Attorney Cookson read the title of the Ordinance.
Mayor Pro Tem Keller 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. 2013 -015 to Amend the Police Officers' & Firefighters' Retirement
Trust Fund Collective Bargaining Agreements (CBA) Changes.
Commissioner Grogan asked for clarification on the amendment of the DROP program. Police
Chief Brown briefly explained the amendments to the interest rate on the DROP account.
Motion carried 4 -0 with Mavor Vanderarift awav from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE 2013 -015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF
OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST
FUND; AMENDING ORDINANCE NUMBER 2010 -019, AS SUBSEQUENTLY AMENDED;
AMENDING SECTION 1, DEFINITIONS, AMENDING THE DEFINITION OF "SALARY ";
AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENEFIT
AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING
SECTION 27, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
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17. Second 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. (Advertised in the Orlando Sentinel on
Thursday, Septernher 5, 2013). (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 orthe 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.
Assistant City Manager Shadrix briefly explained the proposed amendment is due to the City's
growth in the last twenty years; it allows the City Manager, or his designee, flexibility to assign
addressing for the city.
Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public
hearing was closed.
Commissioner Wilsen, seconded by Commissioner Groaan. moved to adopt
Ordinance No. 2013- 012, amending chapter 54 of the code of ordinances of the
City of Ocoee to authorize the city manager or his designee to assign addresses
to oronerties and improvements within the city limits. Motion carried 4 -0 with
Mavor Vanderarift awav from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE 2013 -012
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REVISING CHAPTER 54 OF
THE CITY CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
18. Second 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. (Advertised in the Orlando Sentinel on
Thursday, September 5, 2013). (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
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Regular City Commission
September 17, 2013
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.
Assistant City Manager Shadrix briefly explained the proposed amendment is a clean -up item
due to the changes of the Code Enforcement Board.
Mayor Pro Tem Keller opened the Public hearing. As no one wished to speak the public
hearing was closed.
Commissioner Wilsen, seconded by Commissioner Groaan. moved to adopt
Ordinance 2013 -013 to Amending 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. Motion carried 4 -0 with Mavor
Vandergrift away from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE 2013 -013
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REVISING CHAPTER 108 OF
THE CITY CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
I. PUBLIC HEARINGS
19. Westyn Bay — PSP /SP & Development Agreement Amendment. (Advertised In the Orlando
Sentinel on Thursday, September 5, 2013). (City Planner Rumer)
The subject subdivision is zoned R -1 AA (Single - family Dwelling) and is located on the north side of Ocoee
Crown Point Parkway. The Westyn Bay Subdivision encompasses +/- 376 acres, for phases 1 -3, and +/- 40
acres for phases 4 and 5. The final site plan for phases 1 -3 was approved by the city commission on May 7,
2002, under the name West Groves. The approved subdivision plan provides a condition of approval that is
consistent with the Development Agreement for West Groves dated June 5, 2001.
Per the letter requesting the change in the requirements of the subdivision, the Westyn Bay Community
Association, Inc., is requesting the following:
a. Proposed deletion of condition 422 (easement)
The easement provides pedestrian access through and over the private internal roads of Westyn Bay from the
neighboring subdivision called The Vineyards. The easement restricts access to the time in which public schools
are open for use by students (90 minutes before and 90 minutes after school). At all other times, there is no
easement for access. The easement does not permit access to any facilities within the Westyn Bay subdivision.
b. Proposed deletion of condition #37 (street trees)
Condition 37 is a reiteration of Ocoee Land Development Code Article 6, Section 6 -10. A street tree shall be
provided in front of each single- family lot (2 trees on corner lots, with one on each street), prior to the issuance
of a certificate of occupancy for the house constructed on the lot. Each street tree shall be a minimum of 2"
DBH and 10' tall at the Buie of planting.
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Regular City Commission
September 17, 2013
City Planner Rumer briefly explained the Westyn Bay Community Association, Inc., is
requesting the proposed deletion of condition 922 (easement). The easement provides pedestrian
access through and over the private internal roads of Westyn Bay from the neighboring
subdivision called The Vineyards. The easement restricts access to the time in which public
schools are open for use by students (90 minutes before and 90 minutes after school).
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
Commissioner Grogan, seconded by Commissioner Johnson, moved to approve
the deletion of condition #22 per staff's recommendation. Motion carried 5 -0.
City Planner Rumer briefly explained the Westyn Bay Community Association, Inc., is also
requesting the proposed deletion of condition 437 (sheet trees). Condition 37 is a reiteration of
Ocoee Land Development Code Article 6, Section 6 -10. A street tree shall be provided in front
of each single - family lot (2 trees on corner lots, with one on each street), prior to the issuance of
a certificate of occupancy for the house constructed on the lot. Mr. Planner briefly explained
why staff does not object to the removal of condition #37. Further discussion ensued regarding
existing trees within the Westyn Bay subdivision.
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
Commissioner Grogan, seconded by Commissioner Johnson, moved to approve
the deletion of condition #37 per staff's recommendation. Motion carried 5 -0.
J. REGULAR AGENDA I
20. Approval of Brynmar Phase 2 Waivers. (Principal Planner Fabre)
The Brynmar residential subdivision is located on the southeast corner of Ingram Road and McCormick Road.
The Applicant/Developer (Richmond American Homes) is requesting rear building setback waivers for certain
lots in the Brymnar FSP Phase 2. The required minimum rear building setback for R -lAA zoning is 30 -feet as
set forth on Table 5 -2 of the City of Ocoee Land Development Code. The Applicant /Developer is proposing a
25 -feet minimum rear building setback on interior Lots 84 -95 and a 24 -feet minimum rear building setback on
Lots 34-41 (Lots 70 -77 on the "Plat'). Lots 34 -41 are located on the southern part of the subdivision and are 110
feet deep as opposed to the rest of the subdivision which are at least 115 feet in depth. As a result, the requested
waivers will be for a 6' reduction only on the southernmost lots and a 5' reduction on the interior lots consistent
with the previous waiver approval that was granted on January 15, 2013, for Phase 1.
The Applicant is requesting this waiver in order to provide a wider range of home products for potential home
buyers. It should be noted that the Applicant was not the original developer of the subdivision and that their
home products varied from the original home builder's products. For that reason, adhering to the rear building
setback requirements with the depth of the existing lots proved to be problematic for the current
Applicant /Developer. The engineer of record has also submitted documentation to the City's Development
Services Department that states that the increase of potential buildable square footage should not adversely
affect the subdivision stormwater drainage system.
City Planner Rumer briefly explained the Applicant is requesting this waiver in order to
provide a wider range of home products for potential home buyers. The required minimum rear
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Regular City Commission
September 17, 2013
building setback for R -IAA zoning is 30 -feet as set forth on Table 5 -2 of the City of Ocoee Land
Development Code. The Applicant /Developer is proposing a 25 -feet minimum rear building
setback on interior Lots 84 -95 and a 24 -feet minimum rear building setback on Lots 34-41 (Lots
70 -77 on the "Plat "). Lots 34 -41 are located on the southern part of the subdivision and are 110
feet deep as opposed to the rest of the subdivision which are at least 115 feet in depth. As a
result, the requested waivers will be for a 6' reduction only on the southernmost lots and a 5'
reduction on the interior lots.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Brynmar Phase 2 Waivers per staff's recommendation. Motion carried 5 -0.
21. Adopt a Formal Name for the New Community Center Complex and the Language for
the Building's Dedication Plaque. (Support Services Director Butler)
The new Community Center is nearing completion. Two items need to be settled in order for the marketing
program to be developed. First, we need a naming system for the new building and the collection of facilities
we want to market under a shared name. Second, we need to notify the Contractor of the language to use for tine
18 "x24" bronze dedication plaque, which goes in the interior entrance to the new building. These items are
related in that the plaque would include the facility name.
Assistant Support Services Director Gaines briefly explained the new Community Center is
nearing completion. Two items need to be settled in order for the marketing program to be
developed. First, we need a naming system for the new building and the collection of facilities
we want to market under a shared name. Second, we need to notify the Contractor of the
language to use for the 18 "x24" bronze dedication plaque, which goes in the interior entrance to
the new building. These items are related in that the plaque would include the facility name.
The City Commission recently awarded the contract to develop a strong online and print
marketing program for the new facility to Beat Creative Marketing & Promotions. They
recommended the name "Ocoee Lakeshore Center" to be used as the general label for the
Community Center and surrounding facilities, which include:
• Community Center Banquet Hall
• Community Center Meeting Room
• Community Center Plaza
• Withers - Maguire House (Building)
• Withers - Maguire House Lawn
• Gazebo
• Grape Arbor
• Lawn area between Community Center and the Withers - Maguire House driveway
• Bill Breeze Park (lawn area from Community Center to Lakeshore Drive)
• Lakeshore Park (picnic and boating area east of Lakeshore Drive; includes picnic
pavilions that can be individually rented)
Website development has already begun in order to have the marketing program in place by the
time the facility is finished. As part of that effort, staff has secured the following eight generic
website domain names in order to preclude their registration by other parties:
• www.ocoeclakeshorecenter.com /.net /.info /.org
• www.ocoeceventcenter.com /.info /.org
• www.ococelakeshoreevent.com
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September 17, 2013
The Support Services Department recommends that the City Commission authorize the City
Manager to work with the marketing consultant to proceed on the basis of the proposed naming
concept for the facility that will be used in marketing and rental arrangements. Under this
concept, a single name will be adopted for the entire group of rental facilities, with separate
names being developed for individual components. The proposed comprehensive name is
"Ocoee Lakeshore Center," although this name could be limited to the new building. Other
potential names for the group of facilities or the Community Center alone include:
1. Lakeside Event Center
2. Ocoee Event Center
3. Ocoee Lakeside Event Center
4. Lakeshore Event Center
5. Lakeshore Community Center
6. Ocoee Lakeshore Plaza
7. Events Center at Lakeshore
Commissioner Grogan, seconded by Commissioner Wilsen, moved to approve
the name for the new community event center as Ocoee Lakeshore Center.
Motion carried 4 -0 with Mayor Vandergrift away from the dais.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the plaque for the building as shown by staff with the change of the new name of
Ocoee Lakeshore Center. Motion carried 4 -0 with Mayor Vandergrift away from
the dais.
22. Resolution Amending and Replacing Resolution No. 2011 -011 Providing a Fee
Structure for the Ocoee Parks and Recreation Department for Participation in
Recreation Programs, Classes, Activities, and Events; Rental of City Facilities;
Memberships; and Usage Fees. (Parks and Recreation Director Hayes)
The Parks and Recreation Department has completed a. review of all fees for parks, facilities, programs and
memberships and is recommending adjustments to several of the fees. These fees were last amended in October
of 2011. All of the proposed fee adjustments have been identified in the attached Schedule -A. Furthermore, the
Parks and Recreation Advisory Board reviewed the proposed fee schedule on July 15, 2013 and recommended
the fee schedule to the City Manager for consideration.
In addition to the fees that are identified in Schedule -A, the Parks and Recreation Department is also proposing
fee schedules for the rental of the Lakeshore Center (Schedule -B) and for the rental of the Withers - Maguire
House (Schedule -C).
These fees would become effective September 18, 2013, with the exception of the Before School Program and
the After School Program which wilt become effective October 18, 2013.
Parks and Recreation Director Hayes explained the new fee structure and said he has
comparisons for weekends block rentals rates for event centers from various cities.
Commissioner Johnson felt the weekend rates for the fees were too high and the Commission
should consider reducing them. There was a lengthy discussion with regard to the rates,
comparisons to other city facilities, not waiving the fees for anyone, lowering the fees for the
initial year, and setting aside a percentage for replacement seating and equipment.
City Attorney Cookson read the title of the Resolution.
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Regular City Commission
September 17, 2013
Commissioner Wilsen, seconded by Commissioner Johnson, moved to adopt
Resolution No. 2013 -014 approving the Parks and Recreation Department Fee
Schedules for programs and events including the Lakeshore Center and Withers
Maguire House; with the amendment of the weekend fee schedules for the Ocoee
Lakeshore Center by reducing the $1500 fees to $1250 and by reducing $1200
fees to $1000. Motion carried 5 -0.
The resolution, as adopted, carries the following title:
RESOLUTION NO. 2013 -014
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING AND REPLACING
RESOLUTION NO. 2011 -011; PROVIDING A FEE STRUCTURE FOR THE OCOEE PARKS
AND RECREATION DEPARTMENT FOR PARTICIPATION IN RECREATION
PROGRAMS, CLASSES, ACTIVITIES AND EVENTS, RENTAL OF CITY FACILITIES,
MEMBERSHIPS, AND USAGE FEES; AND ESTABLISHING A FEE STRUCTURE FOR
THE LAKESHORE CENTER; AND ESTABLISHING A FEE STRUCTURE FOR THE
WITHERS- MAGUIRE HOUSE; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
r K. STAFF ACTION ITEMS - None
L. COMMENTS F COMMISSIONERS
Commissioner Grogan — None
Commissioner Wilsen — 1) announced that she has been in discussions with the City Manager
regarding the purchase of the Dunn Property which is across from the Ocoee Lakeshore Center;
she thinks it would be a great opportunity to have at this time for parking etc. because of its
proximity to the new event center and all of the other city -owned properties in that block. The
appraisal on the property is $110,000 and the property owner is asking for $175,000.
Commissioner Johnson said 'he agrees with purchasing the property; however, he thinks
$175,000 is too much, and $150,000 is sufficient. Mrs. Glenda Dunn advised that the
surrounding properties surrounding her were all purchased at $300,000 and feels her property is
worth that. Commissioner Keller said he agrees that the property would be beneficial to the City
but that they should not pay more than the appraised value. Mayor Vandergrift inquired what
was her starting price when she approached the City and Mrs. Dun said she started at $300,000
than she went down to $235,000, and she is now at $175,000.
Mayor Vandergrift felt that having both of their family properties would be beneficial and there
was discussion to offer $175,00 for this house conditioned on the other home at 18 North
Lakeshore Drive be offered to the city as first right of refusal when it becomes available.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve the
purchase of the house at 33 E. Oakland Ave. for $175,000 with the condition that
the City would have the first right of refusal her other family property at 18 North
Lakeshore Drive at the appraised value at the time it becomes available. The sale
will take place within 30 days and parties would real estate fees in the customary
way they are split for buyer and seller; and directing City Attorney Cookson to
write the contract. Motion carries 5 -0.
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Regular City Commission
September 17, 2013
2) announced that Rep. Randolph Bracey has shown an interest in having a room in our complex.
He would be paying rent. Discussion ensued on what would be charged for the rental space and
if city staff would make the alterations to the building.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to make the
necessary modifications to the office space at the City Hall annex, and rent it to
Rep Randolph Bracey for $1000 per month. Motion carried 5 -0.
3) Inquired why Spring Lake does not allow boats with motors. Commissioner Johnson said he
believes it has something to do with erosion. Mayor Vandergrift asked the City Clerk to please
research that and provided the answer to all of them.
Commissioner Johnson — None
Commissioner Keller — announced the Community Picnic is Saturday October 5, 2013, from
11:00a.m. till 2:00p.m.
Mayor Vandergrift — 1) announced Final Budget Hearing is September 26 at 6 p.m. 2)
reminded everyone to think about St. John's taking more water out of Lake Apopka. 3) thanked
staff for getting the lights out on the fountain on Hwy. 50 as well as getting it centered.
ADJOURNMENT
Meeting adjourned at 10:15 p.m.
Attest:
Fi �e City Clerk l?cs�
11(1d n,e S, i
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayo
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