ITEM #01 Approval of Minutes
MINUTES
OCOEE CITY COMMISSION
September 19,2006, at 7:15 P.M.
octow 17, 2tDfo ~
.:r~ =* \
REGULAR CITY COMMISSION MEETING
I 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 and City Attorney Rosenthal led the Pledge
of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Hood, Commissioner Anderson, Commissioner
Johnson (absent), and Commissioner Keller.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENT A TIONS AND PROCLAMATIONS
Presentation - American Legion Post 63 Winter Garden to Present Sgt. Steve McCosker
with the 2006 Law Officer of the Y ear Award.
Presentation - CACOFD to Present Lt. Joe Moy with the First Firefighter of the Quarter
Award - Mark Scalzo, Chairman of the CACOFD.
I C. COMMENTS FROM CITIZENS/PUBLIC
J ames Fleming, 511 Orange A venue- asked for clarification on the billing for vacant properties.
He said he does not feel residents, including his mother, should be paying for any service they
are not receiving. Commissioner Anderson said he feels properties with a plan to renovate
should not receive a bill that is the same as vacant properties. Commissioner Hood suggested if
we do that we should consider a time frame for how long someone can be renovating. City
Manager Frank said we would have to bring back an ordinance to reconsider the way vacant
properties are assessed prior to next year's tax roll or earlier if the Commission wishes.
Chris Anti-asked about the Center Street speed humps and Commissioner Anderson advised it is
part of the overall Center Street repaving project, 2) he asked about the fire hydrant at the comer
of Woodson and Center, the 4-inch connection is 3 inches off the ground. Acting Fire chief
McNeil advised they will check it in the morning, and 4) asked about getting fencing around the
retention pond at Center Street. Public Works Director Krug said there are no plans at this
time to fence it, but he will check it out. He added the grass cutting there will be on a regular
rotation very soon.
Bruni Masa, 611 East Lakeshore Drive, 1) asked the City to do something about the tall weeds
around the park bench on Orlando Avenue, just west of Sleepy Harbor, Mayor Vandergrift
advised we are changing mowing companies and many of these mowing issues will be taken care
of shortly 2) she said the south side of Orlando Avenue needs to be mowed all the way down to
the lake, 3) asked if there can be a load limit sign placed on Orlando Avenue, and Public Works
Director Krug will look into it, 4) asked about a no-wake zone behind the homes in Sleepy
Harbor because it is dangerous and causing shore erosion,S) asked about police patrol of the
Lakes, Commissioner Anderson advised that we now have an officer on a jet ski who is doing
an excellent job enforcing water safety issues, and the Mayor said the law states they must stay
City Commission Regular
September 19, 2006
200' from the shoreline, 6) asked about the cattails on Lake Prima Vista, and she was advised
that staff will check out the problem in that drainage area.
Mayor Vandergrift added at the comer in front of City Hall, they mow around the light pole
and leave 40 feet of tall weeds between there and the recording studio land.
Commissioner Anderson said that maybe we should look into grant programs, etc. to place
buoys around the lake shore area.
R.P Monacky, 1820 Prairie Lake Blvd.-asked how much items can hang out of trash bin. Public
Works Director Krug said he will get back to him.
Danny Howell, 895 Marlene Drive, 1) asked about the work on Lady Avenue, and Public
Works Director Krug advised the island is being completed and then the brick will be done, 2)
asked about cleanup of the easement behind the fence on his property. City Manager Frank
said he will check on that specific location, but he believes that the property is the responsibility
of the homeowner because it is just a utility easement there as opposed to a City Right of Way.
Mr. Howell said he will call the City Manager for an update.
I
(Mayor
I D. COMMISSIONERS ANNOUNCEMENTS
Richard T. Crotty Annual Scholarship and Volunteers Award Dinner.
Vandergrift)
Consensus of the Commission (under Commission Comments) to brinQ back on
the next aQenda.
Commissioner Keller 1) announced that West Orange High School will have a Field
rededication this Friday at 6:00 p.m.
Commissioner Anderson 1) asked for clarification on the bulky waste pick up. Assistant
Public Works Director Elliott advised that residents should place bulky waste out on their first
regularly scheduled pick up day each month. He asked that bulky waste pick up
information be placed in OGTV, the website, and the Newsletter. 2) said he had an
email asking when the mowing around Starke Lake will occur. Public Works Director Krug
advised he will be driving around with GroundTek tomorrow to point out specific areas, and that
the Starke Lake area will definitely be done before Founder's Day.
Commissioner Hood-none
Mayor Vandergrift- introduced Rachel Purdy and Michelle Collins from UCF who are working
on a class project and would like to interview Commissioners after the meeting.
Break: 9:30 - 9:46 p.m.
I E. CONSENT AGENDA
1. Approval an.d. Acceptance of the Regular CityiCommissiollMinutesof S
2.006. (City Clerk Eikenberry)
Approved on Consent. Motion Carried 3-0 with Commissioner Johnson
absent and Mayor VanderQrift away from the dais.
2. Approval of Reappointment to General. Employees' Pension Board of Trustees. (City
Clerk Eikenberry)
Trustees for the Pension Boards serve two-year terms. 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
Page 2 of9
City Commission Regular
September 19,2006
City Commission for certification of the appointment as a ministerial act. Trustee Hendrix has indicated he 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 3-0 with Commissioner Johnson
absent and Mayor Vanderarift away from the dais.
3. Quarterly Financial Report - Third Qua.rter FY 2006. (FillanceDirector Horton)
Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored and are
within expected ranges. Staff continues to look for new ways to increase revenues and/or reduce expenditures
without compromising the levels of service to the community. The report summarizes financial activity for the
period April 2006 through June 2006.
Approved on Consent. Motion Carried 3-0 with Commissioner Johnson
absent and Mayor Vanderarift away from the dais.
4. Approval of Beer and Wine Special Event Permit Application for Founder's Day.
(Parks and Recreation Director Hayes)
The Ocoee Lion's Club has submitted a Beer and Wine Special Event Permit Application for the purpose of
selling beer and wine at the Founder's Day Celebration on Friday, October 20th and Saturday, October 21st of
2006.
Approved on Consent. Motion Carried 3-0 with Commissioner Johnson
absent and Mayor Vanderarift away from the dais.
5. Approval of Resolution Establishing City of Ocoee Recreational Property Hours.
(Police Chief Reffett)
Chapter 124-2 of the City of Ocoee Code of Ordinances provides that City of Ocoee recreational property shall
be open to the public during such times as may from time-to-time be established by the City Commission. To
preserve peace and help prevent crime, a resolution establishing City of Ocoee recreational property hours to be
open from 7:00AM to 11:00PM, except where otherwise provided in Section 124, is recommended.
City Attorney Rosenthal read the title of the resolution.
Adopted on Consent. Motion Carried 3-0 with Commissioner Johnson absent
and Mayor Vanderarift away from the dais.
City Attorney Rosenthal read the title of the ordinance.
The resolution as adopted carries the following title:
RESOLUTION NO. 2006-012
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING CITY
OF OCOEE RECREATIONAL PROPERTY HOURS AND PROVIDING AN
EFFECTIVE DATE.
6. Approval of Annexation and Development eement for Ocoee ComDl()l1sPUD-
Waiving of One Year Dea.dline. {Community e elopDlent Director Wagner)
The Annexation and Development Agreement for Ocoee Commons PUD was approved by the City
Commission on March 18,2003. Section 10, Road Impact Fees states, "The Developer is obligated to construct
certain improvements to Blackwood Avenue in order to mitigate traffic impacts of the commercial and multi-
family portions of the Property. The Developer has agreed to commence construction of the Blackwood
Avenue improvements at the time of development of the single-family portion of the Property. In consideration
for the acceleration of construction of the Blackwood Avenue improvements and provided that the
improvements to Blackwood Avenue as set forth in the Land Use Plan are commenced with the commencement
Page 3 of9
City Commission Regular
September 19, 2006
of construction ofthe subdivision infrastructure for the first to develop of Tract "A" or Tract "B" on the Land
Use Plan and completed within one (1) year of commencement, the Developer shall be entitled to receive City
of Ocoee road impact fee credits in the amount of $150,000.00 upon issuance of a Certificate of Completion for
the Blackwood Avenue improvements. The Developer, Ocoee Commons, LLC, applied for their building
permits prior to having completed the road improvements, and on May 17, 2005, paid Road Impact Fees of
$235,315.41 to the City, which was $150,000.00 more than the $85,315.41 which they would have owed had
they been able to apply for their credits at that time. On September 21, 2004, the Developer commenced
construction, and on August 10, 2006, the City issued the Certificate of Completion, which exceeded the one-
year deadline. Ocoee Commons, LLC has requested that the City refund the $150,000.00, in accordance with
the Development Agreement.
Approved on Consent. Motion Carried 3-0 with Commissioner Johnson
absent and Mayor Vandergrift away from the dais.
7. Approval of Change Order No.5 (Final) withPrimeconstructioIFGroup,Inc.forthe
Old Winter Garden Road/Professional Parkway Project. (City ErigiIteer Wheeler)
Change Order No. 5 includes four areas of adjustments to the overall project: 1) additional items of new
construction in the roadway portion; 2) adjustment of quantities in the roadway portion; 3) adjustment of
quantities in the Ocoee Utilities portion; and 4) adjustment of quantities in the Orange County Utilities portion.
The last three portions are to final the project. The road widening project is being performed under a JPA
Agreement between the City of Ocoee and Orange County and the funding is spelled out in that agreement. The
proportionate shares for the roadway portion of the project are 66.43% Orange County and 33.57% for Ocoee.
The Ocoee Utilities portion is paid 100% by Ocoee and the Orange County Utilities portion is paid 100% by
Orange County. The amount of the change order is an increase of$169,746.16, with no adjustment in contract
time.
Approved on Consent. Motion Carried 3-0 with Commissioner Johnson
absent and Mayor Vandergrift away from the dais.
8. Approval of Engineering Services. for Reclaimed Water Main Construction in
Reflections and Reserve Subdivisions. (City Engineer Wheeler)
The City Commission authorized an expenditure of up to $53,989.80 for the firm of Miller Legg, Inc. (nee Ivey,
Harris & Walls, Inc.) to perform engineering.design and related services for the construction of reclaimed water
lines in The Reserve and Reflections subdivisions at its regularly scheduled meeting of June 15, 1999. That
work was suspended after all but $15,453.59 of the authorized amount had been expended. The remaining
funds were not encumbered at that time and, even if they had been, would have lapsed after three years of
inactivity. The funds were returned to the bond proceeds account. City Commission authorization is required
to reallocate the $15,453.59 remaining from 1999 and authorize an additional $11,097.41 to encumber the total
funding required of $26,551 for the work to be completed by Miller Legg. City Commission authorization is
required because the total amount exceeds the City Manager's authorization limit of $25,000 and Miller Legg is
not one of the engineering firms with which the City has a continuing relationship; however, they are the
engineer of record. Construction plans will need to be updated to reflect changes since the project was
suspended in 1999 and to complete the preparation of design bidding plans and specifications.
Approved on Consent. Motion Carried 3-0 with Commissioner Johnson
absent and Mayor Vandergrift away from the dais.
Consent AgendaVote:
Commissioner Hood. seconded by Commissioner Keller, moved to approve
Consent Agenda Items 1 through 8 as presented, including Resolution 2006-012
under Item #5. Motion Carried 3-0 with Commissioner Johnson absent and Mayor
Vandergrift away from the dais.
Page 4 of9
City Commission Regular
September 19, 2006
I F. PUBLIC HEARINGS
SECOND READING
9. Ordinance for ResidentialFront Yard Regulations. (Advertised in the Orlando Sentinel Orange
Extra on Thursday, August24, 2006). (ColDmunity DeveloPDlcntDire.ctor Wagner) This
item was movea Up on the agenda ana heard before Item #1
In 2005, several members of the City Commission brought to staffs attention concerns regarding fence and front
yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land
Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these
problems. On August 16, 2005, staff presented a summary of findings to the City Commission for recommended
action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front
yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed
easement between the street and sidewalk, the placement of mechanical equipment on comer lots, front yard
parking, conversions of garages to living space, and fences in front and side yards. Staff has drafted an ordinance
proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City
Commission regarding issues of concern in residential areas. On August 8, 2006, the Planning & Zoning
Commission voted unanimously to recommend approval of the proposed amendments to the Land Development
Code and City Code of Ordinances.
Community Development Director Wagner gave a PowerPoint presentation and showed
pictures of issues that are being addressed in the proposed ordinance for Residential Front Yard
Regulations. The following residents spoke about areas of concern in the proposed ordinance:
Mayor Vandergrift opened the Public Hearing.
Dennis Herald (Mayor read email)
Rita Wilkenson-504 Spring Lake Circle
Linda Lucera-501 Spring Lake Circle
Danny Howell-895 Marlene Drive
Mark Anthony Hall, 908 Center Street
Sheila Brammer, 503 Spring Lake Circle
J ames Flemming, 511 Orange Avenue
Chris Anti, 885 Center Street
Terry Bryan, 2005 Lauren Beth Avenue
Mayor Vandergrift closed the Public Hearing
Commissioner Keller said he would like to 1) consider making the Spring Lake Circle
Residents exempt, 2) allow all commercial vehicles under a certain tonnage to park in the front
of a residence, even if it has the business name, and 3) look into practical answers for the older
Ocoee area with smaller homes, lots, and streets such as the percentage of the lot that is allowed
to be impervious. Community Development Director Wagner advised that the weight of a
vehicle is considered, the current code defines a commercial vehicle as one over 1.5 tons. He
also stated that impervious is defined as rock or stone, but not mulch, because rock or stone can
compress and become impenetrable over time.
Commissioner Hood said he feels we should table the discussion for tonight and hold an
advertised workshop or special session. He thinks that many people who are not represented in
the audience will have similar issues.
Public Comment: Angela Roselle and Katrina Kirkland, 300 and 304 Phyllis Street. (Mayor
read email)
Commissioner Anderson said he would like to address the following 1) said he agrees with
Commissioner Keller regarding percentage of area that can be impervious, 2) believes we need a
Page 5 of9
City Commission Regular
September 19, 2006
workshop on this, 3) feels that we should consider a provision in Section 6-4H(5) regarding
unpaved driveways, so that residents are not driving over curbs and sidewalks, etc. It is difficult
to please everyone; we can look at Codes from other cities to compare those types of provisions,
5) feels that variance costs should be lowered so it won't be cost-prohibitive, 6) agrees that
Spring Lake should be exempt, 7) need to look into areas without sidewalks where children are
forced to walk on the road, which could be affected by some of these issues, 8) look into options
for percentages of impervious area in front and back yards to balance it out, 9) thinks
Commission should consider that tow trucks may emergency vehicles
City Attorney Rosenthal said the issue can be tabled until there is a motion to bring it back; it
can be continued to a time certain, which would not have to be re-advertised; or you can deny it
and start the whole process over, including the P & Z Board.
Commissioner Hood said he doesn't think it should matter what other cities are doing, we need
to do what is right for the unique areas of Ocoee.
Mayor Vandergrift said we need to consider reducing the charges to apply for a variance
because everything being discussed tonight would fall under variance requests. City Attorney
Rosenthal said our fees were established by resolution, and it would have to be amended. He
added that granting of a variance would mean that the applicant was subject to a hardship unique
to their property. The ideal situation would be to write the ordinance in such a way would that
there would not be a need for several variances. Mayor Vandergrift said he feels the Board of
Adjustment is a means to add reasonableness to government and make people accountable to
their neighbor through the process.
Community Development Director Wagner said the Commission may want to consider
passing all of those items in the Ordinance that are not controversial, and only revisit those that
need further discussion.
Commissioner Anderson, seconded bv Commissioner Hood, moved to have staff
coordinate a ioint meetina with the Commission and the Plannina and Zonina
Board sometime in Mid-January or February to review the Ordinance. Motion
carried 4-0, with Commissioner Johnson absent.
10. Commercial and Multi-Family Solid Waste Collection. (Item#B Rate Resolution
was Advertised in the Orlando Sentinel on Sunday, August 10,2006). (Public Works
Director Krug)
A. Amendment to the Commercial and Multi-Family Solid Waste Collection Franchise
Agreement .
The City has reached the end of the term for the Commercial and Multi-Family Solid Waste Collection Franchise
Agreement with the current franchisee, Veolia ES Solid Waste Southeast, Inc. (formerly know as Onyx). The two
(2) year extension to Veolia's contract allowed for renegotiation of rates to continue service. The amendment to the
Commercial and Multi-Family Solid Waste Collection Agreement will maintain service to customers and allow the
City to determine if said service should be brought in-house or solicit new proposals to continue contracting with
outside vendors. The proposed amendment includes a monthly fuel adjustment surcharge and early termination
clause. Staff recommends approval of the amendment to the Commercial and Multi-Family Solid Waste Collection
Franchise Agreement with Veolia ES Solid Waste Southeast, Inc., for a 24-month term that includes a monthly fuel
adjustment surcharge and early termination clause.
Page 6 of9
City Commission Regular
September 19, 2006
B. Resolution Establishing New Rates for Commercial and Multi-family Solid Waste
Collection and Disposal Services (advertised Public Hearing)
The City has reached the end of its agreement with the current franchisee whose previously contracted rates were
within the rate structure set by Resolution No. 95-13. The two (2) year extension to the franchisee's contract
allowed for renegotiation of rates to continue service and the updated rates are outside the current Resolution rate
structure. The new rate structure requires a resolution increasing and establishing new rates for commercial and
multi-family solid waste collection and disposal services retroactive to the beginning of the current billing period
with an automatic fuel surcharge adjustment to said rates and the repeal of existing Resolution No. 95-13. Staff
recommends the adoption of a new Resolution increasing and establishing new rates for commercial and multi-
family solid waste collection and disposal services retroactive to the beginning of the current billing period;
providing for automatic fuel surcharge adjustments to said rates and repealing Resolution No. 95-13.
City Attorney Rosenthal said that he recommended the Commission consider Items lOA and
lOB at the same time for discussion purposes. City Attorney Rosenthal read the title of the
resolution for Item lOR
Discussion on this subject was postponed until the Mayor returned to the dais. Mayor Pro Tern
Anderson moved forward to staff reports.
Mayor Vandergrift returned to dais during the Staff report, and then resumed discussion of this
item.
Public Works Director Krug explained the amendment to the Commercial Solid Waste
agreement. This agreement extends the contract for two years, but has a six month cancellation
clause should the City decide to go out for bids at a later time.
Mayor Vandergrift asked if this is with the increases included. Mr. Krug said it is with the
increases that were proposed and includes a fuel adjustment sir charge should fuel prices rise
since the September 2, 2006 price of $2.85 per gallon.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, closed the Public Hearing.
City Attorney Rosenthal said there is a section in the resolution and agreement called "extra
pick-ups" that needs to be stricken, and suggested the Commission adopt the resolution with that
amendment.
Mayor Vanderarift, seconded by Commissioner Hood moved to adopt Resolution
No. 2006-013 establishina New Rates for Commercial and Multi-family Solid
Waste Collection and Disposal Services, includinQ the amendment to strike the
section on "extra pick-ups" from the resolution. Motion carried 3-1 with
Commissioner Anderson opposed and Commissioner Johnson absent.
The resolution as adopted carries the following title:
RESOLTION 2006-013
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA INCREASING AND
ESTABLISHING NEW RATES FOR COMMERCIAL AND MULTI-FAMILY
SOLID WASTE COLLECTION AND DISPOSAL SERVICES RETROACTIVE TO
THE BEGINNING OF THE CURRENT BILLING PERIOD; PROVIDING FOR
AUTOMATIC FUEL SURCHARGE ADJUSTMENTS TO SAID RATES;
REPEALING RESOLUTION NO. 95-13 AND ALL RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Page70f9
City Commission Regular
September 19, 2006
Commissioner Hood, seconded bv Commissioner Keller moved to approve
Amendment to the Commercial and Multi-Familv Solid Waste Collection
Franchise AQreement with Violea ES Solid Waste Southeast, Inc., includinQ the
amendment to strike the section on "extra pick-ups" from the aQreement, and
authorizinQ execution bv the Mavor and City Clerk. Motion carried 3-1 with
Commissioner Anderson opposed and Commissioner Johnson absent.
I G. REGULAR AGENDA - none
I H. STAFF REPORTS
City Attorney Rosenthal distributed a Memorandum to the Commission with regards to the
City's current attempt to purchase parcels for the Maguire Road Project. Mr. Rosenthal stated
that the law requires that prior to filing an eminent domain petition; the City must make a written
offer to property owners for the purchase of the property necessary for the project. In the past
such offer letters have been "subject to commission approval," but new legislature makes letters
worded in that manner not a valid offer for purposes of compliance with the statute and will not
constitute an offer letter for purposes of calculating attorneys' fees pursuant to FS 73.092. He
requested that the Commission consider a Delegation of Authority on the Maguire Road project
and on a project by project basis in the future. For Maguire Road, he requested that the
Commission delegate the authority to the City Manager and City Attorney to make offer letters
on properties that have a value of less than $100,000, based on the appraised value. This would
mean that when the purchase came back to the Commission they would be bound by that
decision and could not say no under the Florida Statutes. Staff would not have the authority to
make an offer higher than the appraised value or any offer over $100,000 without obtaining prior
Commission approval. This is similar to what Orange County and other cities are doing.
Mavor VanderQrift, seconded bv Commissioner Anderson, moved to Qrant the
DeleQation of Authoritv to the City ManaQer and City Attornev, for the purposes of
creatinQ offer letters for pre-suit neQotiations in eminent domain proceedinQs
with reQards to the MaQuire Road proiect, as 10nQ as the property has an
appraised value of less than $100,000. Motion carried 4-0, with Commissioner
Johnson absent.
[I. COMMENTS FROM COMMISSIONERS
Commissioner Keller 1) said he met with the Johio Bay HOA and they were told the state was
going to put a filter in the drain by the lake to protect it, and the City would maintain it. The
filter has not been installed at this and asked if the City could help expedite the process. Public
Works Director Krug said he is not aware of that. Commissioner Keller will email the
information to Mr. Krug so he can follow up. 2) asked about the Town Hall meeting on the
school issue. Consensus of the Commission was that staff should coordinate a
date in earlv October for a Town Hall MeetinQ reQardinQ the school issues. 3) asked
if the Prairie Lake area can be mowed as soon as possible, 4) asked if the broken sidewalks in
Page 8 of9
City Commission Regular
September 19,2006
Sawmill Subdivision could be repaired. Public Works Director Krug advised they are touring
the City tomorrow to look for repair issues and that will be added to the list, 5) asked about the
City-maintained retention pond in the Johio Bay area at the bend on Silver Star Road, because
the trees were removed when by the county or some other agency, and they lost their noise
buffer. City Engineer Wheeler advised those retention ponds belong to FDOT, and they do not
typically allow anything but grass within their fences areas, but we can talk to them about it.
Commissioner Anderson-reminded the people from the area of Center Street, that there is going
to be a meeting on Monday, September 25,2006, at 6:30 p.m. to discuss their issues.
Commissioner Hood 1) said Ocoee High School is playing at Colonial this week, and the Pop
Warner game is at Apopka, and 2) said he confirmed with Utilities Director Smith that the
Jamela tank is still on schedule to be dismantled in November.
Mayor Vandergrift 1) said West Orange High School is holding the Homecoming and Field
Dedication ceremony Friday at 6:00 p.m., 2) need to work on the date for the Town Meeting
regarding the school issues, and 3) postpone the discussion on the Richard T. Crotty annual
scholarship until the next meeting.
I ADJOURNMENT
The meeting was adjourned at 11 :05 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 9 of9
MINUTES
OCOEE CITY COMMISSION
October 3,2006 at 7:15 P.M.
Oc-tDtec" 11) )fJio ~
:I:-\em ~ \
REGULAR CITY COMMISSION MEETING
I 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 Anderson gave the Invocation and Commissioner Johnson led the
Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation to Jim Conklin, member of the Ocoee School Advisory Board, who just resigned
from the board due to relocation outside the City of Ocoee. Mayor Vandergrift presented him
with a Certificate of Appreciation, a Key to the City, and a City of Ocoee Calculator.
I C. COMMENTS FROM CITIZENS/PUBLIC - none
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood- said we Ocoee High School plays West Orange High School this Friday
night and urged residents to come out and support their teams.
Commissioner Anderson-Ocoee Lions Club will have a Turkey Shoot October 7 & 28,
November 11, and December 9, 2006. It will be at the field south of West Orange Girls
Athletics Complex.
Commissioner Johnson 1) said Ocoee's Founder's Day Golf Tournament will be Friday,
October 13, 2006, and they are still looking for players. He added that the City has always
sponsored a team in the past.
Commissioner Hood. seconded by Commission Anderson. moved to approve the
purchase of a foursome at the Ocoee Founder's Day Golf Tournament. in the
amount of $240 from the Commission Continaency Fund.
2) said that Founder's Day is October 20 and 21, 2006. It will start Friday at 6:00 p.m. with the
Marvelettes, Drifters, and Herb Williams. On Saturday the Parade will start the event; at 12:00
noon there will be a local groups entertaining all day as well as Danielle Peck, Cledus T. Judd,
Jim Van Fleet and Reign (the singing weatherman), and Ronnie Milsap. Some of the students
will be operating concessions to earn money for the schools. There will be a fishing contest, all
day craft show, etc. There will also be a car show on Friday night and all day Saturday in the
downtown area. The event will end at 9:00 p.m. with spectacular fireworks. The Louis Fazio 5K
run will be held on Saturday, October 15, 2006, which will start at West Oaks Mall at 7:30.
Mayor Vandergrift held up the Founder's Day brochure which is available to residents at City
Hall.
City Commission Regular
October 3, 2006
Mayor Vandergrift suggested we make October "I LOVE OCOEE" month. Consensus of
the Commission was to brina back a proclamation at the next Commission
Meetina declarina the month of October as "I LOVE OCOEE MONTH"
Commissioner Keller 1) said on October 14,2006 is the Poker Run, registration at 9:00 a.m. at
Frank's Place, 2) School Redistricting meeting for the new Apopka High School will be in
November, and urged residents to keep their eye out for that meeting and attend the Public
Hearing.
Mayor Vandergrift 1) passed along condolences to the Doss family saying that Ms. Reba Doss'
funeral was today and she will be missed, 2) said the West Side Tech is having an Odyssey
National Alternative Fuel Vehicle Day on October 12,2006 at 3:00 p.m. He said they are selling
advertisements and felt the City should get a quarter-page ad.
Mayor Vanderarift, seconded by Commissioner Hood, moved to approve the
purchase of a Quarter-paae ad in the West Side Tech brochure in the amount of
~400 from the Commission Continaency Fund. Motion carried 5-0.
3) said tomorrow morning at 7:00 a.m. Citrus Elementary will be holding a Walk-Your-Child-
To-School event, 4) Ocoee High School is having a teach-in on Wednesday, November 15,2006,
and asked residents to go out and share their expertise in their field,S) said there is currently
seventeen openings on the Ocoee Advisory Board, we need to find volunteers to fill those slots,
and 6) said Friday night West Orange Vs. Ocoee, should be a great football game.
I E. CONSENT AGENDA
1. Approval and Acceptance of Minutes for Budget Workshops of August 21st, August
24t, and Tentative Budget Public Hearing of September 18, 2006. (City Clerk
Eikenberry)
Approved on Consent, Motion carried 5-0.
2. Approval of Leasing oflIolidayLights and Decorations. (Public Director Krug)
This item was discussed separately, butvoted on withthe Consent Age 'tsentirety.
Clark Display Sales, Winter Garden, Florida has traditionally provided the City's Holiday lights and
decorations on existing utility poles where Progress Energy has provided electrical connections throughout the
city. The terms of the lease include installation and removal by Clark Display Sales. City Commission has
approved purchasing these lights and decorations in the FY 2005-06 Budget. However, due to insufficient
storage at present, staff recommends leasing rather than purchase for at least another year when ample storage
areas will be available in the new Public Works facility.
Approved on Consent, Motion carried 5-0.
Commissioner Hood said he wanted to be sure the Holiday Lights will be lit on Wurst Road,
and he would like to see them in the Westyn Bay area, near the High School. Public Works
Director Krug said the electrical connections have been installed along Wurst Road and the
decorations will be there this year; he said he will have to look into what can be done in the
Westyn Bay area. Discussion regarding using banners if we are not able to get any lighted
decorations for that area. City Manager Frank suggested they approve an amount so that
staff can move forward if it is feasible. Public Works Director Krug said the cost along
Page 2 of5
City Commission Regular
October 3, 2006
Wurst Road was approximately $5,000, without enough funds to finish Clarke Road. If they
were to approve an amount not-to-exceed $10,000 they should be able do the Westyn area.
Commissioner Anderson. seconded bv Commissioner Johnson moved to
approve the addinQ of Holidav LiQhtinQ and/or banners in the Westvn
Bav/Ocoee HiQh School area and at the north end of Clarke Road. at a cost
not-to-exceed $10.000. Motion carried 5-0.
Commissioner Keller asked if there is any way we can motivate the County to get better
street lighting on Ocoee Apopka Road. City Manager Frank said we have been working
with Linda Aiken in the Mayor's office to get an agreement signed designating the City's and
County's responsibility for various roads. They are also discussing realigning that road.
Approval of Change Order No. 2to Addendum No. .005 to the. Agreement for
Consultil1gEngineeringServices withPEC, Inc.. for Maguire Road Phase V Desigl1and
Right-of-way AcquisitionServices. (City Engineer Wheeler)
Approved on Consent. Motion carried 5-0.
4. Approvalof RevisiollofHoliday Schedllle for 2006a.lld Approvalof H()lidaySchedule
for 200'7. {City Clerk. Eikenberry)
On November 15, 2005, the Commission approved the holidays of December 22 and December 25, 2006 for
Christmas and January 1,2007 for New Years, per staff recommendation. Staffwould like to request amending
the dates to December 25 and December 26, 2006, for the Christmas Holiday as those dates are preferred by the
majority of employees and those are the dates that were published in the City Calendar for distribution to the
community. Additionally, staff would like to recommend holiday dates for 2007.
Approved on Consent, Motion carried 5-0.
5..A.pproval. ofOcoeeFounder'SDay 5KRoad Race -Requestfor<Road Closings.
(Building Official Jones)
Jeffrey W. Hayes, Parks & Recreation Director, has made application to the City for a Special Event Permit for
the Ocoee Founders Day 5K Road Race that would require the temporary closing of City owned streets. The
event will be held on October 14,2006, from 7am until 9:30am. The streets to be closed are Clarke Road, White
Road, Orlando Avenue, Stinnett Drive, E. Lakeshore Drive and Vandergrift Drive. Staff respectfully
recommends approval with the following requirements: 1) All residents that will be affected by the road
closings must be notified in advance; 2) Health Central Ambulance must be notified of the road closings in
advance; 3) Roads must be blocked with proper barricades; 4) An emergency lane must be maintained during
the event.
Approved on Consent. Motion carried 5-0.
6. Approval of Ocoee Founder's Day Festival- Request for Road &}>ublicBoafRamp
Closings. (Building OfficialJones)
Jeffrey W. Hayes, Parks & Recreation Director, has made application to the City for a Special Event Permit for
the Ocoee Founders Day Festival and Parade that would require the temporary closing of City owned streets.
The event will be held on October 20-21, 2006. The streets to be closed are Flewelling Avenue, Rewis Street,
Bluford Avenue, McKey Street, Cumberland Avenue, Oakland Avenue, and Lakewood Avenue. A portion ofS.
Lakeshore Drive will be closed on October 19th at noon. The public boat ramp at Starke Lake will be closed on
October 20-21. Staff respectfully recommends approval with the following requirements: 1) All residents that
will be affected by the road closings must be notified in advance; 2) Health Central Ambulance must be notified
of the road closings in advance; 3) Roads must be blocked with proper barricades; 4) An emergency lane must
be maintained during the event.
Approved on Consent, Motion carried 5-0.
Page 3 of 5
City Commission Regular
October 3, 2006
AwardoFBid #B06-05 ReplacemenfofRoofing Systems at City Hall & Police Station
(Re-bid). (Purchasing AgentTolbert)
The Public Works Department and Finance Department have reviewed all bids. Staff recommends awarding the
bid to Architectural Sheet Metal, Inc. as the most responsive and responsible bidder per the recommendation
memorandum from Tonya Elliott, Assistant Public Works Director. Because the amount of the low bid did not
include costs associated with replacing gutters or roof deck repair, staff recommends adding Alternate One and
Alternate Three totaling $37,700.00 per the attached proposal from Architectural Sheet Metal. The proposed
total contract amount is $271,900.00. The amount budgeted in fiscal year 05-06 was $158,000. Staff is
requesting that the remainder of $108,000.00 be taken from the debt service account and $5,900.00 from
contingency.
Approved on Consent. Motion carried 5-0.
ConsentAaendaVote:
Commissioner Anderson. seconded bv Commissioner Keller. moved to approve
Consent Aaenda Items 1 throuah 7 as presented. with an additional motion under
Item #2 approvina additional Holidav Liahtina.
I F. PUBLIC HEARINGS - None
I G. REGULAR AGENDA
8. Discussion on Schools. (MayorVandergrift)
A lengthy discussion ensued regarding the options of creating Charter Schools, a Charter School
District, or an Ocoee School District and how to get cost estimates on any of those options. Mayor
Vandergrift said he is trying to keep everyone informed regarding rezoning and other issues through
his gazette.
Commissioner Keller said he has been following the legislation on school districting, and at this
time only Counties can create their own district. He feels we should try to influence the legislators to
consider City Districts, and also feels that is a better option than Charter Schools to avoid double
taxing of the residents.
Jim Conklin, resigning Chair of the Ocoee School Advisory Board, said he feels that a K through 8
School would create an entire educational facility. He added that creating Charter Districts or City
School Districts is very complicated and the City should consider hiring experts before looking
further into that. It will be a challenge to go against the Orange County School System.
R.P. Monacky, 1820 Prairie Lake Blvd., said there is nothing structurally wrong with Evans High
School and they need to quit blaming a building for the personnel and other problems.
Commissioner Anderson. seconded bv Commissioner Keller moved to put out an
RFP for a Charter/School District Consultant, and form a committee to determine
what should be in the RFP. Motion carried 4-0. with Commissioner Johnson away
from the dais. The money should be taken from the Commission Continaencv
budaet.
Mayor Vandergrift said we also have a new State Representative, Brian Nelson, who he would like
to contact to see if he is willing to support any of our efforts. Commissioner Hood advised Mr.
Nelson spent the day at the polling location during the March election, and he appears to be very
concerned about school issues in Ocoee.
Page 4 of5
City Commission Regular
October 3, 2006
Mayor Vandergrift asked if we should have a joint meeting with Pine Hills. He said even if we
create our own school district, there are issues of students from outside Ocoee attending our schools.
He further stated that Pine Hills residents have expressed their concerns to him that we are going to
abandon them to fight their own battle.
I H. STAFF REPORTS - none
I I. COMMENTS FROM COMMISSIONERS- none
I ADJOURNMENT
The meeting adjourned at 8:28 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 5 of 5