HomeMy WebLinkAbout03-15-11 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
March 15, 2011 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Introduction of Outreach & Education Coordinator Kathy Salerno who represents
Florida's Chief Financial Officer Jeff Atwater
C. COMMENTS FROM CITIZENS /PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL
INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for the Regular Commission Meeting Held March 1, 2011.
(City Clerk Eikenberry)
2. Appointment to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two -year terms. Shakeel Anjum has expressed
his interest in serving on the Community Grant Review Board. He is currently member of the Human
Relations Diversity Board, in which he will remain.
3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Mr. Sridhar Rangaswamy, a resident of Winter Garden has expressed a serious interest in becoming a
member of Ocoee's Human Relations Diversity Board. He attended an HRDB board meeting and has
a good understanding of the logistics required for the many upcoming events. Additionally, he would
like to use his talents and skills to help the community by promoting diversity and understanding. At
the last board meeting, Chairman Wm. Maxwell expressed his desire to have Mr. Rangaswamy as a
member of the board and recommends waiving the residency requirement.
There are currently six vacancies on the board.
4. Approval for Interlocal Agreement with Orange County to Modify the
Construction Plans for Widening Clarcona -Ocoee Road to Build a Full- Four -leg
Intersection at Clarke Road, with the Cost of Such Work to be Paid by the
Arden Park Developer. (City Engineer Wheeler)
The City Commission approved advancing the Arden Park roadway construction project to the current
fiscal year at its January 4, 2011, meeting as a result of an opportunity to save on the cost of
construction by working with Orange County to modify the proposed plans for widening Clarcona-
Ocoee Road. The current bidding date for the Clarcona -Ocoee Road project, which will complete the
widening effort to SR 429, is April 2011. The modification will replace the Tee intersection design for
City Commission Regular
March 15, 2011
Clarke Road presently accommodated in the plans with a full four -leg intersection that would facilitate
a future extension of Clarke Road to the north and the widening of Clarke Road to four lanes north and
south of the intersection. This effort is being undertaken in cooperation with the Arden Park
developer, who has agreed to pay the increased costs of design and construction. The joint effort will
be recognized by changes to the Arden Park developer agreement, the precise form of which will be
presented to the City Commission for action at a later date.
5. Approval of Motorola Radio Service Agreement FY 2010/2011. (Deputy Police
Chief Goclon)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase
of the Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with
Orange County's radio system. Also purchased with the radio system was a service
maintenance agreement. The agreement is required for equipment that is no longer under factory
warranty. Included in the agreement is all covered radio equipment currently owned by the City of
Ocoee with the exception of the radio equipment purchased by the City for the Fire Department. The
most recent agreement expired as of September 30, 2010, and the proposed agreement will take effect
October 1, 2010, and run through September 30, 2011. The cost of the service agreement for the next
12 months is $24,351.84 (payable in monthly payments). Last year's agreement was $30,538.56.
There is $83,000.00 budgeted in the FY 2010 -2011 budget for Equipment Maintenance Contracts.
Currently there are approximately 200 items (portable radios, mobile radios, and consoletts covered
under the Motorola maintenance contract.
6. Approval of Expenditure of Forfeiture Funds to Purchase Scheduling Software.
(Deputy Police Chief Goclon)
Per Florida State Statutes 932.7055 "...Such (forfeiture fund) proceeds and interest earned there from
shall be used for ...other law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise...." The Ocoee Police
Department provides Extra Duty officers to outside contractors. Coordinating, scheduling, and paying
the officers is a cumbersome task requiring repetitive manual input by staff and volunteers. Software
exists that reduces the number of staff members and staff hours spent dealing with these tasks, as well
as, provides an equitable system for officers signing up for the Extra Duty details.
The Police Department requests to expend not more than $5,000.00 from its Police Forfeiture fund to
purchase Xtra Duty software from Jivasoft Corporation. The cost of the software for up to 100 users is
$4,750.00. Three quotes were obtained by the Police Department. Jivasoft Corporations' Xtra Duty
provided the lowest quote; however, the price is scheduled to increase significantly in May of 2011.
G. FIRST READING OF ORDINANCE — PUBLIC HEARING
7. First Reading of Ordinance Imposing a Temporary Moratorium on the Opening of any
New Pain Management Clinic (PMC) and on the Relocation or Expansion of Existing
PMC; and Establishing other Regulations on PMC as are necessary for the Public
Health, Safety, and Welfare. (Second Reading and Public Hearing is scheduled for April 5, 2011,
Regular Commission Meeting at 7: 15 p.m. or soon thereafter) (Deputy Police Chief Goclon)
Several counties and municipalities in Florida have established moratoria on new Pain Management
Clinics (PMC) to help curb the immediate deleterious consequences of these clinics including illegal
drug trafficking, the illegal purchase and sale of prescription pain medication, loitering and other
criminal behavior in and around such clinics, the diversion of prescription drugs for unlawful and
dangerous uses, and an alarming increase in deaths related to and caused by prescription drug abuse.
The proposed Ordinance would impose a moratorium on the opening of new pain management clinics
and on the expansion or relocation of existing pain management clinics. The moratorium would be
effective commencing on April 15, 2011, and ending on April 15, 2012, unless sooner terminated. The
Ordinance would also prohibit pain management clinics from operating on a cash -only basis.
Additionally, it would be made unlawful for a pain management clinic to operate between the hours of
8:00 pm and 8:00 am. A violation of the Ordinance would be a municipal code violation. Section 1-
12 of the Code provides that a violation of the Code is punishable by a fine not to exceed $1,000 or
imprisonment not to exceed 1 year, or both fine and imprisonment.
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City Commission Regular
March 15, 2011
H. PUBLIC HEARINGS
8. Approval of Resolution for Commercial and Multi - Family Solid Waste
Franchise Rate Adjustment 2011. (Advertised in the Orlando Sentinel on Thursday, March 3,
2011). (Public Works Director Krug)
The City's Commercial and Multi- Family Solid Waste Franchise contract contains an annual rate
adjustment for fuel based on the average fuel price per gallon and the Consumer Price Index as
obtained from data published by the U.S. Government. The annual adjustment was incorporated into
the contract to guarantee the lowest price at time of bid by permitting future adjustments based on
economic trends. The new rates are based on the 4.56% adjustment.
I. REGULAR AGENDA
9. Approval of Code Enforcement Reduction of Fine/Lien of $144,099.22 to $600.00
for Crums Climate Control c/o Brian Wrong - Located at 701 Broadway
Avenue. (Deputy Fire Chief Stanley)
This property was cited on March 20, 2008, for a violation on failure to obtain required inspections for
a Mechanical Change out, for permit #0602873, issued on December 21, 2006, which expired on June
19, 2007. The requirements were to obtain inspections from the City of Ocoee Building Department.
On April 22, 2008, the Code Enforcement Board issued an order to comply by May 23, 2008, or be
fined $250.00 . er day.
Y
On December 18, 2009, the property was observed to be in full compliance. Mr. Brian Wrong, Owner
of Crums Climate Control is requesting a reduction of fine /lien for $143,500.00 plus City's cost of
$599.22 totaling $144,099.22. On February 22, 2011, the Code Enforcement Board considered the
request for a reduction of fine /lien and recommends reducing the total fine lien to $600.00.
10. Approval of Code Enforcement Reduction of Fine/Lien of $20,395.72 to $895.72
for Wendall Skinner c/o The Bank of New York - Located at 6914 Cross Cut
Court. (Deputy Fire Chief Stanley)
This property was cited on June 29, 2009, for the violation for excessive weeds and grass. On August
25, 2009, the Code Enforcement Board issued an order to comply by September 11, 2009, or be fined
$100.00 per day beginning July 4, 2009.
On January 15, 2010, the roe was observed to be in full compliance. Ms. Anna Shuder
�' property rh' P
representing The Bank of New York is requesting a reduction of the fine /lien for $19,500.00 plus
City's cost of $895.72 for a total of $20,395.72. The bank did not take control over property until
January 10, 2010, as per Orange County Property Appraiser. On February 22, 2011, the Code
Enforcement Board considered the request for a lien reduction and recommends reducing the total
fine /lien to $895.72.
11. Approval of Code Enforcement Reduction of Fine/Lien of $33,300.00 to $600.00
for Paulo Miller - Located at 844 Patriots Point Drive. (Deputy Fire Chief
Stanley)
On October 21, 2008, the property located at 844 Patriots Point Drive was observed to be vacant with
dirty swimming pool water. On February 24, 2009, the Code Enforcement Board found the
respondents in violation and issued an order to comply by March 23, 2009, or be fined $150.00 per
day. On March 24, 2009, the property was observed to still be in non - compliance.
On November 2, 2009, the property was observed to be in full compliance, as well as, an order for
fine /lien was imposed totaling $33,300.00. At the February 22, 2011, Code Enforcement Board
Meeting, the property manager stated that the property had gone through foreclosure and was not
acquired until December 2010 by his bank, in which the board recommended to reduce the fine to
$600.00. The property manager also advised that a sale is pending. Staff recommends that the
commission approve the fine of $600.00, to reimburse the City for administrative costs, as well as a
penalty assessed.
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City Commission Regular
March 15, 2011
12. Approval of Code Enforcement Reduction of Fine/Lien of $37,200.00 to
$2,167.26 for Sprint Foods (Pantry, Inc.) — Located at 1515 Wurst Road.
(Deputy Fire Chief Stanley)
This property was cited on February 10, 2009, for a violation of Exit lights and Emergency lights not
working per NFPA 1 (14.13.1.1). On April 28, 2009, the Code Enforcement Board issued an order to
comply by May 22, 2009, or be fined $150.00 per day. Property was re- inspected May 23, 2009, and
found to be in non - compliance. Sprint Foods requested a re- inspection on January 26, 2010, and was
observed to be in full compliance as of this date. Sprint Foods (Pantry Inc), is requesting a reduction of
fme/lien of $37,200.00.
The Code Enforcement Board is recommending the fme/lien be reduced to $2,167.26. The discussion
by the board was to reduce the amount, due to the request stated by Cole, Scott & Kissane, P.A. and
Sprint Foods (Pantry Inc).
13. Election of Mayor Pro Tem. (City Clerk Eikenberry)
Section C -9 of the Ocoee City Charter states: ... The Mayor pro tem shall be elected from among the
Commissioners by the City Commission but shall continue to represent the district in which such
Commissioner resides. The Mayor pro tem shall be elected at the first City Commission meeting
following the swearing in of the candidates elected at each general city election (unless there is a
runoff election, in which case the Mayor pro tem shall be elected at the first City Commission meeting
following the swearing in of the candidates elected at such runoff election) and shall serve as Mayor
pro tem until the successor is elected.
On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tem annually, even in
non - election years, by rotating down through the seniority list, beginning with Commissioner Johnson
for the term of March 2007 -2008.
14. Appointment of Commission Liaisons to Various Boards. (City Clerk
Eikenberry)
Each year in March, the Commission reviews the Liaisons Appointments to various boards and makes
changes, if needed.
J. STAFF ACTION ITEMS
K. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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