04-07-15MINUTES
April 7, 2015, 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.
B. PRESENTATIONS AND PROCLAMATIONS
Proclamations — April 2015 - National Child Abuse and Neglect Preven Mont
Mayor Vandergrift read his proclamation and proclaimed April as National Child Abuse and
Neglect Prevention Month.
Proclamation - Arbor Day — April 16, 2015
Mayor Vandergrift read his proclamation and proclaimed April 16, 2015, as Arbor Day in the
City of Ocoee. Parks and Recreation Director Hayes and Wendell Singrey with the West Orange
Senior's accepted the proclamation. Mr. Singrey announced that at noon on Thursday, April 16"'
at the Ison Center the West Orange Senior's will be planting a tree in celebration of Arbor Day.
Luncheon with entertainment will follow until about 3 p.m.
C. COMMENTS FROM CITIZENS/PUBLIC - none
D STAFF REPORTS AND AGENDA REVIEW I
City Manager Frank announced the following:
1) The Parks and Recreation Department will be hosting its monthly Food Truck Friday
event on Friday, April 17th, from 6:00 to 9:00 pin. on Lakeshore Drive, in Bill Breeze
Park. Food trucks will be offering gourmet food and mouthwatering treats, and the
movie, Disney's "Big Here 6" will be shown during the event; the movie will start at
8:00p.m., so come out and enjoy a dinner and a movie in the park.
2) The Ocoee Family Aquatic Facility will open for the 2015 season on Saturday, May 2nd
starting at 11:00 a.m. Information on the pool hours and admission costs can be found on
the city's webpage www.ocoee.org or by calling the Beech Recreation Center at 407 -905-
3180.
3) The Parks and Recreation Department will begin accepting registration for its Summer
Camp Program. Registration for residents will be April 6th thru 10th and open
registration will begin April 13th for Ages 5 to 12 years. The Summer Camp will run
from June 8th to August 21 st. For more information contact the Beech Recreation Center
at 407 - 905 -3180.
4) Welcomed and introduced John Miller as the new Fire Chief and who officially began his
duties on March 23. Miller comes to Ocoee from the City of Orlando, where he has
served as Fire Chief since 2010. Fire Chief Miller briefly spoke and thanked City staff
for such a great experience thus far. He further invited citizens to attend the Swearing in
and Promotion Ceremony scheduled for April 28 at 8:30 a.m. at City Hall.
Regular City Commission
April 7, 2015
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — announced Handgun Safety Class - April 25, 2015, at 8AM, the City of
Ocoee Police Department will present a Handgun Safety Class. This class will cover
terminology, safety, shooting basics and legal considerations. Applications for State of Florida
Concealed Weapon permits will be on hand. The class is free, but limited to the first 20 eligible
participants. Participants under the age of 18 must be accompanied by an adult. Preference will
be given to Ocoee residents, but others may fill available seat. If interested please contact Officer
Patera Scott at 407 - 905 -3160 ext. 3024 or at Patera.Scott2ocoee.org 2) thanked the Parks and
Recreation Department for the Eggstravagangza Easter Event they hosted on April 41n
Commissioner Johnson — announced Citizens Public Safety Academy — hosted by Ocoee Fire
Department and Ocoee Police Department. The Public Safety Academy extends the opportunity
to local residents to participate in their Citizen's Public Safety Academy starting April 9, 2015.
The Citizens Public Safety Academy consisted of ten sessions held on consecutive Thursday
evenings. Each session begins at 6pm and ends at 9pm. Each week will alternate between the
Ocoee Fire and Ocoee Police Department. Academy participants will be given the opportunity to
learn about, observe and participate in the various activities and services provided by the Ocoee
Fire Department and the Ocoee Police Department. The Citizen's Public Safety Academy
concludes with a graduation ceremony and dinner with on -duty firefighters. Each academy
member received a certificate of completion commemorating their experience. For more
information please contact either Patera Scott (OPD 407 -554 -7204) or Corey Bowles (OFD 407-
905 -3140)
Commissioner Wilsen — invited Parks and Recreation Director Hayes to the podium to
announce the Annual Big Orange Games on Saturday, April 18th at the Ocoee High School
Football Field. Opening ceremonies will be held at 9:15 a.m. and the games will begin at 9:30
a.m. For more information contact the Beech Recreation Center at 407 - 905 -3180.
Commissioner Grogan — 1) thanked the Parks and Recreation Department as well for the
Eggstravagangza Easter Event. 2) thanked the Ocoee Police Community Service Department for
the Kickball Event they hosted for the Spring Break Summer Camp children. This summer they
will also be hosting more events such as basketball and dodge ball games with the summer camp
children.
Mayor Vandergrift — announced that he would like to have an Easter Parade in Ocoee but
unfortunately he does not have the time to commit to that so if there is anyone with ideas he
would like to see that happen.
Liz Morrock, Reflections subdivision resident, said she had heard that Millennia Mall had
purchased the West Oaks Mall and would be bringing in new stores. Assistant City Manager
Shadrix advised he has been in discussions with Moon Beam Capital Investments Inc. [owner of
the mall] and they have indicated to staff the desire to try to energize the mall with a mixed used
development concept which includes the possibility of an indoor /outdoor mall, residential
components, and conference center with hotel. At this time there are no time frames or written
proposals and to his knowledge there has been no mention of the mall being sold to the owners
of Millennia Mall.
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Regular City Commission
April 7, 2015
F. CONSENT AGENDA i
Co mmissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #6. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held March 17, 2015. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. New Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City
Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Fire Department serve three -year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has seven (7) members. One
application has been received to serve on the Board from Robert Carter; therefore, staff reconunends the City
Commission consider appointing Robert Carter to the Citizen Advisory Council for Ocoee Fire Department
with a term ending November 1, 2018.
Approved on Consent. Motion carried 5 -0.
3. Approval of Agreement with Orange County Property Appraiser for Administration of
the Non -Ad Valorem Assessments. (City Clerk Eikenberry)
This annual agreement between the City and the Orange County Property Appraiser details the terms for the
administration of the City of Ocoee non -ad valorem assessment fees and delivery to the Orange County Tax
Collector for inclusion on the tax bills mailed out to property owners in November.
Orange County began giving the option of a flat -fee based administration fee, as opposed to a percentage, which
staff determined would be less costly. Assistant City Attorney Crosby - Collier has requested that going forward
the City would like to have them consider an automatic renewal agreement. The fees for the 2014 -15 year have
been paid, however the agreement needs to be signed.
Approved on Consent. Motion carried 5 -0.
4. Approval to Utilize Fausnight Stripe & Line, Inc. for Road Striping. (Public Works
Director Krug)
The Streets Division Capital Outlay budget for Fiscal Year 2014/2015 includes road striping for roads that will
not require resurfacing in the near future and the existing striping has faded significantly. The City has
researched pricing and found Fausnight Stripe & Line, Inc., provides the lowest pricing available through the
Seminole County Contract IFB- 601738 -13 /GMG, Term Contract for Roadway Markings and Striping. The
roads to be striped are; Maguire Road from the southern City limit north to Franklin, Ingram Road, Blackwood
Ave from Old winter Garden Rd. to Montgomery Ave. and stop bars in Admirals Point. Fausnight Stripe &
Line, Inc., has satisfactorily performed striping work for the City on previous projects.
Public Works recommends awarding a purchase order to Fausnight Stripe & Line, Inc. in the amount of
$134,666.97 for the striping based on pricing from the Seminole County Contract IFB- 601738 -13 /GMG, Term
Contract for Roadway Markings and Striping.
Approved on Consent. Motion carried 5 -0.
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Regular City Commission
April 7, 2015
5. Approval of Vehicle Purchase for Fire Chief. (Public Works Director Krug)
The new City Fire Chief has opted to utilize a City provided response vehicle over a vehicle stipend. The
previous Chief had elected the stipend option, thus there is not a vehicle for the new Chief's use in his position.
The Fire Department budget incorporated four (4) Capital Outlay lease payments for the replacement Pumper
Truck, Brush Truck and new Cab /Chassis for an Ambulance. Due to a delayed release of the new Florida
Sheriff's Association Bid (FSAB), and subsequently delayed quotes from vendors, the City will only be making
two (2) lease payments on the Fire Department vehicles in this budget year. The reduced number of lease
payments provides sufficient remaining funds to outright purchase the Fire Chief's vehicle.
Public Works was able to locate an untitled 2015 Chevy Tahoe Special Service 4WD vehicle that had been
ordered, yet not accepted, by a municipality due to budget cuts. Public Works recommends approval to
purchase the 2015 Chevy Tahoe Special Service 4WD vehicle at $32,255.50 from the Florida Sheriffs
Association annual contract based on the 2014/2015 published pricing.
Approved on Consent. Motion carried 5 -0.
6. Award of B15 -04 Effluent Transfer Pumps #2 and 43 Replacement Project. (Purchasing
Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified
contractors to perform the Effluent Transfer Pumps #2 and #3 Replacement Project (Project). The City of
Ocoee's wastewater treatment plant utilizes four reclaimed water transfer pumps to transfer treated wastewater
effluent from the wastewater treatment process to ground storage tanks for storage and distribution as irrigation
to the public. Effluent Transfer pumps #2 and #3 are the original transfer pumps installed with the WWTP
Phase 2 Upgrades and have reached their useful efficient lifespan.
The bid was publicly advertised on March 1, 2015, and opened on March 17, 2015. A pre -bid conference /site
visit was held on March 10, 2015. The City received seven (7) bids for this project, ranging from $65,327.00 to
$95,500.00. The Utilities and Finance Departments reviewed the bids and all were considered responsive. Staff
recommends awarding the bid to L7 Construction Inc. as the most responsive and responsible bidder, per
recommendation from Charles Smith, P.E., Utilities Director. L7 Construction is currently performing the Lift
Station #10 Replacement project for the City.
Approved on Consent. Motion carried 5 -0.
G. SECOND READING OF ORDINANCES - PUB HEARINGS
7. Second Reading of Ordinance — Change in Chapter 75, False Alarm Response Fees.
(Advertised in the Orlando Sentinel on Sunday, March 22, 2015). (Police Chief Brown)
Chapter 75 of the City Code provides procedures and fines /fees for City Police and Fire Department responses
to false alarms or the activation of an alarm system due to reasons including, but not limited to, mechanical
failure, malfunction, improper maintenance, or other negligent or intentional acts. Responding to a false alarm
is a poor use of resources, resulting in unnecessary costs to the City and presenting a risk to public safety due to
the unnecessary diversion of critical public safety resources. For this reason, staff believes the ordinance should
be updated and clarified.
Currently, enforcement of alleged false alarm violations are heard by the City's Code Enforcement Board.
However, under the proposed changes, alleged violations will be heard by the City's Violations Hearing Board.
Additionally, the proposed changes include establishing a flat fine of $100.00 for fourth and any subsequent
violations occurring in a six month period.
Police Chief Brown explained that recommendation would be to approve the ordinance changes.
He further advised the current ordinance in place is about 10 years old and they would like to
deal with more nuisance alarms verses false alarms. The new changes will also implement a flat
rate verses an adjusted rate. Additionally, the enforcement of the alleged violations will be heard
by the City's Violations Hearing Board.
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Regular City Commission
April 7, 2015
City Attorney Cookson read the title of the ordinance and resolution associated with the
ordinance.
The public hearing was opened.
Mayor Vandergrift inquired what would classify as a nuisance. Police Chief Brown advised it
is spelled out in the ordinance but basically four (4) false alarms would have to occur before
considered a nuisance. Brief discussion ensued.
The public hearing was closed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to a pprove
Ordinance No 2015 -006 - Change in Chapter 75, False Alarm Response Fe and
Resolution No 2015 -005 - Amending the Fine and Fee Schedule Rel ated to
Chapter 16. Motion carried 5 -0.
8. Second Reading of Code of Ordinances Amendment — Road Impact Fee Reduction.
(Advertised in the Orlando Sentinel on Sunday, March 8, 2015, and West Orange Times on Thursday, March
26, 2015). (City Planner Rumer)
The road impact fee ordinance was adopted in 1989, and then amended in its entirety in 1999 and 2005. The
ordinance update in 2005 increased the impact fees by as much as 113 %. The City Commission requested a
study of the City's transportation impact fees back in 2013 which were provided by CDM Smith consultants.
This ordinance is a result of an update to the City of Ocoee Road Impact Fee. The update retains the standard
methodology that was used in previous impact fee calculations but applies updated trip generation
characteristics, trip lengths, and roadway improvement cost and credits. The update includes new data sources
such as the 9th Edition ITE Trip Generation Report from 2012 and The Orlando Urban Area Transportation
Study (OUATS) study released in October 2014. Based on the updated calculation to Cost per Vehicle Mile of
Travel, Motor Fuel Tax Rebate, County 6 Cent Gas Tax credits, and trip lengths; this ordinance decreases most
impact fees by roughly 25% with a few land uses receiving less of a decrease due to the expansion of the City's
limits.
This ordinance does not provide amendments to the other impact fees and capital charges. Police, Fire, and
Recreation impact fees will go back to their full rates as of April 30, 2015. Water and Sewer Capital charges are
adjusted yearly by the CCI index.
City Attorney Cookson read the title of the ordinance.
City Planner Rumer provided a PowerPoint which briefly explained that the reasons for the
updates being proposed are to:
• Accurately account for roadway costs
• Bring Ocoee in line with surrounding agencies
• Ensure impact fees remain defensible (rational nexus)
• Economic incentives
The PowerPoint also included Impact Fee comparisons for Ocoee, Winter Garden, and Orange
County for the categories of single - family, restaurant, restaurant sit -down, office, retail, and
medical /dental.
Commissioner Johnson said he would like to see comparative of review fees from neighboring
municipalities (Winter Garden and Apopka) that include impact fees as well as other associated
fees. City Planner Rumer briefly advised the commission of the temporary reductions of impact
fees that they have approved and shared that he would bring something back to present to them.
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Regular City Commission
April 7, 2015
The public hearing was opened.
R.P. Monacky, 1820 Prairie Lake Blvd, asked for clarification on what type of taxation this be
affecting (residential or commercial). City Planner Rumer responded that this would not affect
general ad- valorem taxable value of a property. He advised this would only be for new
construction and the trips they would generate and impact on surrounding road network. This
provides the funding to local governments and municipalities to do road improvement.
The public hearing was closed.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to app rove
Ordinance No. 2015 -007 - Road Impact Fee Reduction. Motion carried 5 -0.
Brief discussion ensued regarding the School Board sign that is up on Orlando Ave.
H. PUBLIC HEARINGS
9. McCormick Reserve PUD — Preliminary/Final Subdivision Plan. (Advertised in the West
Orange Times on Thursday, March 26, 2015). (Principal Planner Fabre)
The McCormick Reserve Preliminary /Final Subdivision Plan is a residential subdivision that proposes a total of
134 single - family residential lots with a resulting density of 2.97 units per acre. The residential streets (50'
wide) are planned to be designated as public right -of -ways. The residential lots will be approximately (105) 50
feet by 120 feet and (29) 60 feet by 120 feet. The PUD has a minimum living area set at 1,500 square feet. The
development is proposed to be constructed in two (2) phases.
The Preliminary/Final Subdivision Plan is consistent with the approved McCormick Reserve PUD. Potable
water and sewer services will be provided by Orange County. The City of Ocoee will provide solid waste
services, reuse water, police and fire protection.
Principal Planner Fabre gave a brief presentation of the proposed project that included location
and future land use designation. He further noted some changes in the plans which differed from
the approved Land Use Plans which included the following:
• Recreational area was relocated
• One extra lot was added to development
• Most pine trees will be saved on Tract A and C
• Tract B pine trees will be removed and made into common area
Principal Planner Fabre advised both the DRC and Planning and Zoning Commission
recommend approval subject to resolving any technical issues which would also be the
recommendation by staff.
Commissioner Wilsen inquired about the price point on the homes. The applicant, Richard
Wohlfarth, advised the price point would be in the mid $200's to low $300's. He further shared
Ryan Homes is one of the largest builders in the country and builds good quality homes.
Mayor Vandergrift inquired about a fountain in the development. Mr. Wohlfarth advised they
did not have any plans at this point to include a fountain. Commissioner Grogan inquired if the
Clarke Road extension was included with the development. Mr. Wohlfarth explained that the
right of way is being dedicated and with the developer's agreement they are building the road
and they are getting the credits for doing that.
..._ ................_ .............. .
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Regular City Commission
April 7, 2015
City Attorney Cookson inquired about their closing date. Mr. Wohlfarth said they are hoping
to close before the end of the month.
The public hearing was opened.
Rita Reisig, resident of Reflections, inquired about the location of the subdivision and if the
West Orange Trail would be cutting through the backyard of some of the residents. She was
advised this subdivision would be further north and would not affect the trail.
The public hearing was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the McCormick Reserve PUD — Preliminary /Final Subdivision Pla per staff's
recommendation. Motion carried 5 -0.
I. REGULAR AGENDA — no items
J. STAFF ACTION ITEMS- none
K. COMMENTS FROM COMMISSIONERS
Commissioner Grogan — None
Commissioner Wilsen — None
Commissioner Johnson — 1) said the city had the appraisal come back for the Phillips property,
which is next to the piece we already bought downtown. He asked the City Manager what we
need to do to go forward. City Manager Frank said we need to find the funds for that as it is
not budgeted. Commissioner Wilsen inquired about the appraisal and Commissioner Johnson
answered he thought it was $605,000. There was discussion about the $10.5 million that we
currently have in reserves. It was discussed that the commission previously voted to get an
appraisal on this property and now they need to decide what to do. City Manager Frank said
they can bring this forward as an agenda item. They did not budget any money to purchase it this
year. If we decide we want to move forward with the purchase, perhaps we can come up with
money for the down payment and hold it until after October 1 St when it can be budgeted. Mayor
Vandergrift asked that they bring back a staff report that includes the proposed use for the
property. Discussion ensued with regard to the property being used as a new city hall and the
property where the existing City Hall is could be used as some kind of downtown/recreational
facilities for the residents. Commissioner Wilsen stated that this property on Starke Lake is too
valuable of a property not to invest money and make it into something our residents can enjoy.
When the time comes and the City Hall building is no longer safe, we need to spend the money
and make it into something great for the residents. Commissioner Johnson noted that our
strategic planning included a downtown corridor that would end up here at Starke Lake as a
treasure for residents and families to use. There was discussion about the lakefront being the
place where everyone congregated on the weekends many years ago and it should be that way
again.
Commissioner Johnson, seconded by Commissioner Grogan, moved to bring
bac a staff report with proposed funding method to purchase t he property and
the intended purpose of the property. Motion carrie 5 -0.
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Regular City Commission
April 7, 2015
2) Commissioner Johnson said he would like to have strips added to the front of City Hall so
residents would not park in front of city hall and block the entrance. Commissioner Wilsen said
much of the problem could be alleviated if the city would accept credit card payments. City
Manager Frank said they are in the process of having a meeting with staff to address the credit
card issues; we have more options available now to do it affordably and will probably be able to
implement it this time. City Manager Frank noted, with regard to the parking at city hall, we
have a lot of deliveries in and out and we tend to block the spots as much as the residents. We
do need to address those who park there to come in and stand in line and pay their utility bill
when there are open spaces 20 feet away. 3) inquired as to why they did not address the issue of
the fire department contract this evening. Assistant City Manager Shadrix advised that there
was a CRA meeting tonight so they did not want to add on an executive session. We met with
the parties involved and we will be having an executive session on April 21, 2015, at 6:00 p.m.
Commissioner Keller — None
Mayor Vandergrift — announced that there is an article on the front page regarding the Orange
County Fire Department not having enough coverage on the east side of town. He noted there
are many issues with that department so we are lucky we did not go with them.
Rita Reisig, resident of Reflections asked the City Manager what she meant when he said he
hoped we would be "accepting credit cards very shortly." City Manager Frank explained that,
depending on the process that may require a bid or commission approval, it could be anywhere
from two months to six months. Ms. Reisig also noted that it would help to eliminate the parking
problem in front of city hall.
Mayor Vandergrift said that Charter Communication just purchased Brighthouse Cable
Company for 10.4 billion dollars. He said he would like to form a utilities commission to look
into buying utilities just as Winter Park has purchased their electric utilities. The mark up is
ridiculous and we could save our residents money if we owned them.
ADJOURNMENT
Meeting adjourned at 8:28 p.m.
APPROVED:
Attest:
-�" e Eikenberry, City Cler
City of Ocoee
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S. S ndergri , a r
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