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HomeMy WebLinkAbout09-20-11 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida September 20, 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 Presentation -Fire Department Promotions. (Fire Chief McNeil) 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 September 6, 2011. (City Clerk Eikenberry) 2. Reappointments to the Police Infraction Hearing Board. (City Clerk Eikenberry) The Hearing Board shall consist of seven (7) members. Each member of the City Commission appointed a member to the Hearing Board and the other two members were appointed by the City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police Department (CACOPD). The two members appointed from among the membership of the CACOPD were David Ball and Jerry Zielinski; Member Laney was appointed by the Mayor while Member Lopez- Anderson was appointed by Commissioner Wilsen. All members have declared interest in serving another 2 -year term. 1 Approval of Blackwood Avenue Change Order with Barracuda Building Corporation Related to Maintenance of Traffic. (CIP Manager Butler) The first phase of work to install a dynamic new streetscape on Blackwood Avenue within the City's Community Redevelopment Area (CRA) is underway. The City and its contractor, Barracuda Building Corp., have identified a number of minor changes to the project scope that will provide a better final product while reducing the impact on businesses affected by the construction of streetscape improvements on Blackwood Avenue between Old Winter Garden Road and SR 50. These changes result in a net savings to the City. The change order will return $11,612.00 to the CRA budget for other uses. City Commission Regular September 20, 2011 4. Approval of CRA Funding for the Landscaping and Irrigation of the Blackwood Avenue Project. (City Engineer Wheeler) The CRA is currently performing improvements to Blackwood Avenue between SR 50 and Old Winter Garden Road. The new sidewalks have been installed and the minor adjustment to the stormwater system has been completed. Approximately one half of the intersection improvements at the driveways to Health Central and Wal -Mart was performed earlier this month with the second half proposed to completed by the end of the month and the asphalt repairs, too. The new street lights are scheduled to be installed starting later this month and completed within sixty days. The remaining portion of the improvement and beautification project is the new landscaping in the median and along the outside right -of -way between the sidewalk and the curb. That work is slated to begin in the new fiscal year due to funding constraints in the CRA. With the new fiscal year, there will be new funding to complete the project. According to Chapter 166.241 of the Florida Statutes, the City is not allowed to advertise the project unless the funding has been committed. The landscaping and irrigation portion of the project is estimated to cost approximately $200,000. Staff requests that the City of Ocoee temporarily loan $100,000 to the CRA to allow for the advertising of the landscaping /irrigation portion of the Blackwood Avenue improvement and beautification project, contingent on the CRA Board approving the landscaping /irrigation project in the 2011/2012 CRA budget. 5. Approval of Two -Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with K. Hovnanian Cambridge Homes, Inc. for Villages of Wesmere — Phase 2 and 3. (City Engineer Wheeler) The developer has completed construction of the phase 2 and 3 infrastructure improvements and has requested a Certificate of Completion. The infrastructure improvements include additions to the water and sanitary sewer facilities, the streets and stormwater collection system, and the perimeter wall /fence. All identified punchlist repairs have been completed and the developer is ready to start the two -year warranty period. As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover any possible damages discovered during the next two years, should the developer not choose to make those repairs. Galvin and Company has provided the City with a check in the amount of 10% of the constructed improvements. The Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) acts as the executable document between the developer and the City in the event that the surety is monetary. The surety will be returned to the developer upon completion of the two -year warranty period and the repair of any damages caused over that two year period. G. PUBLIC HEARINGS - SECOND READING OF ORDINANCES 6. Amending of City of Ocoee Ordinances, Policies, and Procedures to Comply with Florida Statute 790.33(1) Regarding Firearms. (Advertised in the Orlando Sentinel on Sunday, September 11, 2011). (Police Chief Brown) a. Second Reading of Ordinance Amending Chapter 61, Cemeteries. In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 61 -10.F of Chapter 61 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed, rescinded and deleted, said deleted subsection currently reading as follows: "No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or paramilitary burial services." A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City ordinances, rules and regulations, procedures, and /or policies in conflict with this statute are rescinded. Page 2 City Commission Regular September 20, 2011 b. Second Reading of Ordinance Amending Chapter 73, States of Emergency. (Advertised in the Orlando Sentinel on Sunday, September 11, 2011). In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 73 -4.A of Chapter 73 of the Code of Ordinances of the City of Ocoee, Florida, entitled "Automatic prohibition upon display and sale of weapons" is hereby repealed, rescinded and deleted in its entirety. A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City ordinances, rules and regulations, procedures, and /or policies in conflict with this statute are rescinded. c. Approval of Resolution to Rescind and Repeal Conflicting Policies, Procedures, Rules, and Regulations Regarding Firearm. (Not a public hearing). In order to be in compliance with Section 790.33(1), a resolution is proposed that rescinds and repeals all policies, procedures, rules, and regulations of the City of Ocoee relating to the regulation of firearms and ammunition which are in conflict with Chapter 790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida; provided, however, that the foregoing shall only relate to the portions of any policy, procedure, rule, or regulation that purports to regulate the field of firearms and ammunition in conflict with Chapter 790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida. H. PUBLIC HEARINGS 7. Eagle Creek of Ocoee Preliminary Subdivision Plan. (Advertised in the Orlando Sentinel on Thursday, July 21, 2011). This item has been requested by the developer to be continued to the October 18, 2011, Commission meeting. (Principal Planner Fabre) On August 2, 2011, the City Commission, at the request of the developer, voted to continue the Public Hearing on this item until September 20, 2011. At this time we have received a written request from the developer to further continue this item until October 18, 2011. I. REGULAR AGENDA 8. Approval of July 2011 Community Grant Awards Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on August 10, 2011, to discuss the 14 applications received for the Community Grant Program (formerly the Community Merit Awards Program). There is $7,500 allotted for this cycle of the Community Grant Program. The Community Grant Review Board voted to fund 12 organizations in the amount of $6,000. Two organizations did not receive recommendations to receive grants: The Carla Faye Foundation and Orlando Wheelchair Games. The Carla Faye Foundation did not have a representative present at the Community Grant Review Board Meeting, and therefore they were automatically disqualified. The Orlando Wheelchair Games, while a worthy organization, did not meet the grant criteria as their program does not directly benefit Ocoee residents. 9. Request from the Hispanic Health Initiatives, Inc. to Have Fees Waived for the use of the Community Center for a Free Community Event. (Parks and Recreation Director Hayes) The City of Ocoee has received a request from the Hispanic Health Initiatives, Inc. of Casselberry, Florida, to waive the fees for the use of the Community Center for a free health screening event, which is open to city residents and residents of the surrounding area, and will take place on September 27 and 29, 2011. 10. Holiday Schedule for 2012. (City Clerk Eikenberry) Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of Ocoee. Each year the Commission approves those holidays and selects dates for those holidays that fall on weekends. Page 3 City Commission Regular September 20, 2011 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. Page 4