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HomeMy WebLinkAbout08-16-11 MINUTES OCOEE CITY COMMISSION August 16, 2011, 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 Commissioner Keller Chambers of City Hall. gave the invocation, followed bythe Pledge of Commissioner Hood. City Clerk Eikenberry Allegiance to the Flag, led by called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B.PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift presented OCPS Board Member Christine Moore with a First Days of School Proclamation. OCPS Board Member Christine Moore presented a brief video explaining the importance of new schools. She further briefly explained the flyer she handed out with the building programs happening in District 7, which is her district. She explained in the packets she provided the school grades are available to view and they are very pleased on how the students in Ocoee have done. She announced that unfortunately as a district they did drop to a “B+” range but they are Ms. Moore working hard to bring that grade back up. said there is also a lot of talk about charter schools and she will have six meetings in September with 23 charter school applications; they will be incredibly busy looking at all those applications. Said further explained some major changes in teacher performance evaluations which includes implementing peer evaluations. Commissioner Keller thanked School Board Member Moore for all the information and further Ms. Moore inquired if the Ingram Road School is going to be an elementary of middle school. said it will be a middle school but there has been some discussion about buying some extra land near it so there is some potential of an elementary school. Firefighter James Kelley with the Ocoee Professionals Firefighters explained that every year they get a refund check from the County for the sales of specialty license plates and this year they chose the West Orange Girls Club so they would like to present them with a check for Brian Smith $3527.02. , with the West Orange Girls Club, thanked the city for everything they Mayor Vandergrift do and always being so kind to the WO Girls Club. briefly explained the Mr. Smith history of the WO Girls Club and there move outside of the city limits. welcomed the Commission and anyone interested to join them for the fall season. Opening Day is going to th Commissioner Hood be September 17. said they have tried in the past to get water out there and further inquired what it would take to get reclaimed water to their facility. He further asked if they could direct staff to see if they could get reclaimed water out to the West Orange Girls Mayor Vandergrift and Commissioner Johnson Club so they could water the fields. both said Mr. Smith there is no reclaimed water out by that area, just potable water. said he would take Commissioner Hood the potable water. said he would support staff trying to help them in any way that they can. He further reassured Mr. Smith that the Little League would not use their Commissioner fields since he has heard that is why they feel threatened to ask the city for help. City Commission Regular August 16, 2011 Hood asked City Manager Frank to please have City Engineer Wheeler check into what it would cost to get water out there. Firefighter James Kelley with the Ocoee Professionals Firefighters said that this Friday they will be having a Retirement Party for Butch Stanley at the Ison Center and he was inquiring if they could have some reduction in the fees for the rental of the building. Commissioner Hood, seconded by Commissioner Keller, moved to waive rental fees for use of the Ison Center for the Retirement Party for Butch Stanley. Motion carried 5-0. He further said that they are also inquiring if the Commission would allow the permission of the serving of alcohol at the Ison Center. Commissioner Hood, seconded by Commissioner Johnson, moved to allow the serving of alcohol at the Ison Center for the Retirement Party for Butch Stanley. Motion carried 5-0. Commissioner Wilsen inquired from the City Manager if any forms would need to be submitted City Manager Frank for this event.said there is a form for the alcoholic beverages and he can have them fill it out. nd Victoria Laney, Vice-Chair ofthe CACOPD,presented the Officer of the 2 Quarter Award to Officer Whiting and briefly summarized all the nominees explaining why they were chosen for their outstanding work. Police Chief Brown said that as well as receiving the award from the board, Officer Whiting Rob McKey will receive a ribbon that he can wear with his dress uniform. , Chairman of the CACOPD, announced that there are opening on the CACOPD if anyone is interested in joining as well as the Neighborhood Restorative Justice Program. For more information he can be Mr. McKey reached by e-mail at robmckey@gmail.com. also announced the Police Department rd Police Chief Brown is hosting a Community Picnic on September 3 at Palm Drive Park. said that this event is in place of the National Night Out. CRA Administrator Wagner announced the Central Florida Film Festival which is to take ndth place September 2-5. He gave a brief overview of the event schedule for this year’s CENFLO which includes having a meet and greet with Actor Glenn Morshower. It was also announced that the screening of Swamp Shark on Friday night will help benefit the John Mickel and Dallas Day Scholarship Fund. Chris Carmody and Robert Stewart with Gray Robinson gave a brief legislative update of what has occurred over the last session and what they expect from the 2012 legislative session. Commissioner Keller thanked Gray Robinson for all of their work on the Colony Plaza condo issue. He further said he is a little more nervous about the red light camera issue and the regional Mr. Stewart transportation money. gave a brief update on the Wekiva Parkway. Mayor Vandergrift said a law was passed a while back stating that cities could not campaign against any amendments put on the ballot by the State Legislature. He further inquired how far could the city go to try to enlighten the public or should they not even mention it if they are Mr. Stewart against an amendment. said they have a fantastic City Attorney who can advise Mayor Vandergrift them on the legalities of what they can/cannot do. further expressed some Page 2 City Commission Regular August 16, 2011 concerns that he has had with the elections and the Supervisor of Election officer kicking them off the November Elections. He inquired as to what they could do from the State level and if the Mr. Stewart Supervisor of Election officer is a State employee. said he is a Constitutional Officer. A brief discussion ensued regarding the Supervisor of Election officer. Consent Agenda Commissioner Keller, seconded by Commissioner Wilsen, moved to pull Items #3 and #4 from the Consent Agenda for separate consideration. Motion carried 5-0. Consent Agenda Items #3 and#4 were pulled for separate consideration and heard at this time. Discussion for these items can be found under Consent Agenda. Recess 8:45 – 8:53 p.m. C.COMMENTS FROM CITIZENS/PUBLIC - none D.STAFF REPORTS AND AGENDA REVIEW- none E.COMMISSIONERS ANNOUNCEMENTS Commissioner Hood – none Commissioner Johnson- none Commissioner Wilsen – none Commissioner Keller- none Mayor Vandergrift –1) read an invitation for, Puttin’ on the Ritz, a charity event for the Lighthouse Central Florida; September 10, 2011 at the JW Marriott Orlando; call 407-898-2483 X253 for details. 2) read a letter from Jeff Krisan, Florida Lodging Management LLC, owner of three hotels and Perkins Restaurant, stated he supports two projects: community center conversion and expansion to rental hall facility, Vignetti Recreation Center, expansion and renovation of the softball fields. He stated at this time sports tournaments and rental events are going to other cities because the City of Ocoee does not have facilities to accommodate such events. He felt the city should take steps to bring economic activity and increase exposure for the City of Ocoee. 3) offered congratulations to two firefighters on their promotions: Mike Reed promoted to Lieutenant, Ron Tossi promoted to Engineer-Paramedic. 4) read letter from a resident who appreciates the stop sign on Wurst road that the city placed there in response to citizen’s concerns. 5) said we need to appoint someone to go to the Redistricting Commission Meeting at Tanner Hall at 6:00 p.m. tomorrow. He wants a staff person to be there and said he would like the commission to support a motion in favor of telling that board that the city of Ocoee would like to be placed in one district with West Orange cities (sans Apopka) that would include Ocoee, Winter Garden, Oakland, and Windermere. After some discussion, there was clarification as to his request. Consensus of the Commission was that we would be better to stay in Commissioner Boyd’s district. Mayor Vandergrift, seconded by Commissioner Keller, moved to recommend to the Districting Commission that the City of Ocoee would like to be placed in one district with other West Orange Cities of Winter Garden, Oakland, and Windermere. Motion carried 5-0. Page 3 City Commission Regular August 16, 2011 F.CONSENT AGENDA Commissioner Hood, seconded by Mayor Vandergrift, moved to approve the Consent Agenda Items #1 through #7 with Items #3 and #4 being pulled for separate consideration. Motion carried 5-0. Approval of Minutes for the Regular Commission Meeting Held August 2, 2011. (City 1. Clerk Eikenberry) Approved on Consent. Motioncarried 5-0. Appointment to the Police Infraction Hearing Board. (City Clerk Eikenberry) 2. Pursuant to Section 168.8 (C) of the Ocoee Code of Ordinances: Each member of the City Commission shall appoint a member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police Department. The Chief of Police shall provide the City Commission with his recommendation as to the appointees from the Citizens Advisory Council of the Ocoee Police Department. If a member of the Hearing Board who is appointed from the membership of the Citizens Advisory Council of the Ocoee Police Department ceases to be a member of the Citizens Advisory Council of the Ocoee Police Department, then such person shall also cease to be a member of the Hearing Board. Members of the Hearing Board shall serve two-year terms; provided, however, that the initial members of the Hearing Board appointed by each City Commissioner shall serve a term of one year. Robert Minarcin, member of the Police Infraction Hearing Board representing the Citizens Advisory Council of the Ocoee Police Department, has resigned his position. Police Chief Brown would like to recommend the appointment of Jerry Zielinski to serve the remainder of his term. Approved on Consent. Motioncarried 5-0. Approval of Fundraising Event Sponsored by the Ocoee Lions Club. 3. a.Special Event Permit to Authorize the Sale and Serving of Alcoholic Beverages. (City Clerk Eikenberry) In accordance with Resolution 2006-010 as approved by the City Commission, the Ocoee Lions Club organization has filed a special event permit application for the sale of alcoholic beverages at a fundraising event to take place on September 10, 2011. Proceeds from the event will go towards local and surrounding charities which support residents within the community. b.Special Event Permit Request for Road Closure. (Building Official Washington) In order to temporarily close a public street, the approval of the Honorable Mayor and City Commission is required. Ocoee Lions Club has made application to the City for a Special Events Permit for a parade and road block festival that would require the temporary closing of City owned streets. The event will be held on September 10, 2011. The streets to be closed are a portion of E. Delaware Street, Bluford Avenue., Oakland Avenue., and McKey Street. This item was heard under Presentations. Steven VanVarick, President of theLions Club, said they are here tonight on behalf of their th Patriot’s Celebration coming up on September 10. He further thanked the Commission and the city for helping them get the event rolling. They are before the Commission to ask for the fees to Commissioner Hood be waived. said he thought they had waived the fees at the last meeting. Mr. VanVarick said that there were some fees incurred after the last Commission meeting. Commissioner Wilsen said that what they waived at the last meeting was the inspection of the Mr. VanVarick equipment by the Fire Department. said they now have road closure and police/fire fees. Mayor Vandergrift inquired if they had an amount of what they are waiving. Page 4 City Commission Regular August 16, 2011 Robert GodekCity Clerk , Lions Club Member, said it looks as if it might be around $2800. Eikenberry said that the staff report shows Public Works $900, Police (off-duty personnel) $800, and Fire Department $1000, which comes to a total of $2700. Commissioner Wilson, seconded by Mayor Vandergrift, moved to approve the Special Event Permit to Authorize the Sale and Serving of Alcoholic Beverages and the Special Event Permit Request for Road Closure; and additionally to take $1500 out of Contingency to be applied toward expenditures for the Patriots Day event. City Manager Frank said that similar to the last request from the group they heard earlier the Fire Department has two options and one is to cover with on-duty personnel. He said the $1000 on this event is that if the group paid for Fire Department coverage then they would actually have employees coming in off-duty and that is what it would cost. The other option is they can do the event with on-duty personnel but they may have to leave to take a call and can come right back. It is really $2500 if the Fire Department does the event on stand-by instead of having off- City Manager Frank duty personnel. said there are no Fire Department charges for the last Fire Chief McNeil group. said that the previous group that addressed the Commission is doing a four hour event and because of the size of the group and nature of the activities it is really good for the Fire Department to go to the event and do public relations such as the Puppet Show. This event is a much longer event with a much larger crowd expected and with large events they normally supply two off-duty personnel that are dedicated to that event. They would be their new EMS cart which is where the $100/per hour would come in to supply them. The other option would be utilizing on-duty personnel; however, it would be on a rotating basis. Commissioner WilsenCity Manager Frank inquired as to how much was in Contingency. Commissioner Johnson said there is about $40,000. said the problem is that Commissioner Wilsen always feels strongly about groups coming before the Commission for grants and funds they issue but he will be bringing it up tomorrow night to do away with them. If they keep doing what they are doing then there is no sense in having a board to do the same thing. He has asked for a printout of what they given away to groups for the last five years. They are the only city that does what they do. He further said there is no use in doing things twice so he feels they Commissioner Wilsen should do away with the grant funds. said the Lions Club is trying something new in trying to raise funds. She further said she would like to amend her motion to give the Lions Club leeway on whether to have dedicated fire personnel or on-duty personnel. Commissioner Wilsen, seconded by Mayor Vandergrift moved to amend to motion to take $2000 out of Contingency to be applied toward expenditures for the Patriots Day event. Motion carried 5-0 Vote was taken on the original motion as amended. Motion carried 5-0. Mr. VanVarick thanked the Commission and invited them to come out to the event. He said they are hoping to bring in enough people to help generate some money for the other businesses in town, which is one of their main goals. Page 5 City Commission Regular August 16, 2011 Approval of Special Event Permit Request for Road and Boat Ramp Closure for 4. Access-Life, Inc. (Building Official Washington) In order to temporarily close a public street and boat ramp, the approval of the Honorable Mayor and City Commission is required. Access-Life, Inc. has made application to the City for a Special Events Permit for Community outreach for families living with disabilities that would require the temporary closing of City owned streets and Starke Lake Boat Ramp. It would also require the use of the City Park and Gazebo. The set up will be held on Friday, November 11, 2011 from 12:00 PM – 6:00 PM. The event will be held on Saturday, November 12, 2011 from 10:00 AM – 2:00 PM. The streets to be closed are a portion of N. Lakeshore Drive and Oakland Avenue. This item was heard under Presentations. Doug Goddard , with Access Life Inc., said they are a Disability Ministry and they are applying to the city to do an outdoor event for individuals and families living with disabilities within the area. His reason for speaking tonight is because in light of the mission of the event, organization, and the anticipated benefit to the community, he would like to request the waiving of the park Mayor Vandergrift fees and the Public Work fees required to put on the event. inquired as to Mr. Goddard how much the fees were. said he believes the park fees are $600 and public work Parks and Recreation Director Hayes fees are $482. said that the fees Mr. Goddard is referring to is the exclusive use fees for Bill Breeze Park and Lakeshore Park which amounts to Mayor Vandergrift $600 and also the street blockage which is the $420. inquired if this event Mr. Goddard was going to have boating. said they would have boat rides, bank fishing, arts and crafts, kayaking, archery, and they provide lunch. It is a comprehensive outdoor event. Commissioner Wilsen said she is confused reading the application and wants to get clarification Parks and Recreation on the cost. She further inquired if the $600 included the clean-up fee. Director Hayes said the $600 only covers the fee to use the park exclusively. This event is for th November 12. Mayor Vandergrift moved to waive the fees. Motion died due to lack of second. Public Works Director Krug explained that the fee they incur from Public Works are the overtime for his crew to put up and take down barricades for the road closure as well as the notice signs for closing the road. The fee is $420 for the work labor and $480 for the signs. City Attorney Rosenthal said that since this is an actual cost then it is not just a waiver question Commissioner and they will need to appropriate funds from Contingency to pay the expense. JohnsonMr. inquired if this was a free event and if they have done this at other locations. Goddard said it is completely free and they do this event across the southeast and Ocoee is the sight they chose in the Orlando/Central Florida area. He further said that Starke Lake is one of the few places that is accessible with a floating dock, fishing pier, and a very flat shoreline which Commissioner Keller can accommodate people with disabilities. clarified that a motion should be made for $1500. A brief discussion ensued on the fees being waived. Commissioner Keller, seconded by Mayor Vandergrift, moved to take $900 out of Contingency and to waive the park rental fees. Commissioner Johnson Commissioner Wilsen said they might as well do away with fees.said that is a concern she has had, when they start giving money out of their budget for overtime costs, but if Commission chooses to waive it then that is they choice they make. After the discussion. Motion carried 5-0. Page 6 City Commission Regular August 16, 2011 Mr. Goddard thanked the Commission and said that if there is anything they can do to help Commissioner Wilsen promote the City they will be more than happy to do so. said that she believes that as a Commission they will have to make some hard decision and that will take place at tomorrow night’s budget meeting. Mr. Goddard said if it is any consolation they are promoting the Police and Fire Department at their event. They will be out there to promote fire and safety awareness. Approval of Expenditure of Forfeiture Monies to Purchase Use of Force Simulator. 5. (Police Chief Brown) Pursuant to Florida State Statutes 932.7055 “…Such (forfeiture fund) proceeds and interest earned there from shall be used for …other law enforcement purposes, which include …. providing additional equipment or expertise….” Use of force simulators safely place officers in various virtual environments that mimic a real life use of force situation and can help sharpen an officer’s use of force skills. The Police Department requests to expend not more than $40,000.00 from its Police Forfeiture fund to purchase the RULETC Use of Force Training Simulator system from Ti Training Corporation. The system includes a stand-alone computer, software, projector, screen, weapons conversion kits, other ancillary equipment, one year warranty, and factory training and support. Ti Training Corporation provided the lowest quote Using Federal GSA Schedule #70 GSA #GS-35F-0127U pricing. Approved on Consent. Motioncarried 5-0. Approval of Change Order No. 2 for Peach Lake Manor Water Main Projectin the 6. Amount of $1,374.18. (City Engineer Wheeler) The Peach Lake Manor Subdivision is located north of Wurst Road and west of the City waste water treatment plant between Wurst Road and Nichole Blvd. and has approximately 260 residential houses. This project is to replace the existing potable water mains throughout the subdivision as well as replace all current services which are located in rear yard alley ways. The Peach Lake Manor Water Main Project has been completed with the new lines being activated and water service for customers transferred to the new lines. This change order is for additional work that was required at the direction of the City Utilities Director, adjustments to the original estimate for quantities provided in the Bid Form and quantities provided for additional work as approved in Change Order #1. Approved on Consent. Motioncarried 5-0. Approval ofPharmacy Benefit Contract/Agreement. (Human Resources Director 7. Williford) The City desires to contract directly with a different pharmacy benefit management company (Envision) not through the contract with Blue Cross in order to take advantage of a better discount arrangement. There will be no changes in the pharmacy benefit to employees and their dependents as a result of this change. Approved on Consent. Motioncarried 5-0. Page 7 City Commission Regular August 16, 2011 G.PUBLIC HEARING – SECOND READING OF ORDINANCE Second Reading and Adoption of Golf Cart Ordinance. 8. (Advertised in the Orlando Sentinel on TJ19,2011,CM. Saturday, July 9, 2011). HIS ITEM WAS CONTINUED FROM THE ULY OMMISSION EETING (Police Chief Brown) The City of Ocoee wishes to adopt an ordinance that allows the Honorable Mayor and Board of City Commissioners to consider and approve resolutions to authorize the operation of golf carts within specified residential communities and on roadways meeting threshold safety requirements in accordance with Florida statutes. Homeowners’ associations and City of Ocoee elected officials acting on behalf of neighborhoods not represented by homeowners’ associations may request that the Honorable Mayor and Board of City Commissioners authorize golf cart operation in their neighborhoods. In order to comply with State law, specific road signage will be required in each neighborhood. Age limitations and hours of operation are also established in the ordinance. To ensure compliance with the ordinance, violators of the ordinance may receive City of Ocoee civil citations which result in fines. City Attorney Rosenthal read the title of the ordinance. Police Chief Brown said this ordinance is probably the best they can put together for the circumstances that they have. This ordinance will allow for residents to drive on the street but will also have regulations that they can deal with. He said there are several issues that they may Commissioner Wilsen want to think about; one being the cost for the signs. inquired if they Police Chief Brown could ask HOA’s to put up their own signs. said they could not. He further said the private communities will have that issue but they do not even have to put up signs. Commissioner Johnson said if they are going to approve the golf carts then they will just have Commissioner Hood to pay that costs. inquired if it was a gated community then the city would Police Chief Brown not have to put up signs. said gated communities are private property so it is not an enforcement issue and if they want signs then they would put their own signs up. Commissioner HoodPolice clarified that the $10,000 is cost for signage only on city streets. Chief Brown answered affirmatively. The Public Hearing was opened. As no one wished to speak the Public Hearing was closed. Commissioner Keller said that at the last meeting there were some issues about whether they were tougher then the State and if they may run into any issues with that. He further inquired if City Attorney after reviewing the Attorney General Opinion if decided to change anything. Rosenthal said that he is correct and changes are shown in the redlined draft ordinance. He further said after reading the Attorney General Opinion they agreed with the interpretations which it seems other jurisdictions are not following, but there is a significant restriction on the Home Rule Powers of local governments which says they follow the State Statutes. He said about the only thing the city could regulate was various matters with regard to unlicensed drivers. Commissioner Hood, seconded by Commissioner Keller, moved to approve Ordinance No. 2011-011 Golf Cart Ordinance per staff’s recommendation. Commissioner Hood said he knows that this is going to be really hard on the Police Department since there will be some teaching to the residents on what they can/cannot do. He is hoping that Police Chief Brown they can exercise some leniency in the beginning. said they are going to be somewhat lenient but they must take into account that these are not motor vehicles and they are Commissioner Hood not insured so they have to be strict on the rules they enforce. inquired if Page 8 City Commission Regular August 16, 2011 Police Chief Brown they could get a moving violation. said it depends on what they do on the vehicle. After the discussion. Motion carried unanimously. The Ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2011-011 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW ARTICLE III OF CHAPTER 153 OF THE CITY CODE AUTHORIZING THE USE OF GOLF CARTS ON WITHIN CERTAIN COMMUNITIES AND STREETS DESIGNATED IN RESOLUTIONS ADOPTED BY THE CITY COMMISSION; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE REGULATION OF GOLF CARTS, INCLUDING THE HOURS OF OPERATION; PROVIDING FOR THE ESTABLISHMENT OF AN APPLICATION PROCESS, AGE REGULATIONS FOR THE OPERATION OF GOLF CARTS, REQUIRED SIGNAGE, VIOLATIONS AND PENALTIES, AND APPEALS TO THE HEARING BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. H.REGULAR AGENDA Approval of Code Enforcement Reduction of Fine/Lien for Patel Kuntesh, Located at 9. 1585 Glenhaven Circle. (Assistant to the City Manager Gaines) This property was cited on June 2, 2009, for violation of City of Ocoee Code of Ordinance 115-5 excessive weed or grass growth requirements. The code violation was for grass and weeds over 10” tall in front and back of property. The Code Enforcement Board issued an Order to comply by August 7, 2009, or be fined $200.00 per day, also abate the nuisance and add the cost. Mr. Jamal Suttan acquired title to this property on June 7, 2011, purchasing the property at the Orange County Courthouse.On September 9, 2009, the property was observed to be in full compliance. Mr. Jamal K. Sultan is requesting a reduction of fine/lien totaling $5,547.84 ($4,800.00 plus City’s cost of 747.84).Staff concurs with Code Enforcement Board’s decision of reduction in payment to the City in the amount of $747.84. This item was heard after Item #10. Assistant to the City Manager Gaines provided before/after exhibits and said the property was cited on June 2, 2009, and was given to August 7, 2009. The new owner Jamal Suttan acquired property on September 9, 2009 through the Orange County Courthouse. The property has been in full compliance on September 1, 2009. Staff concurs with the code Enforcement Board to reduce the lien to city costs of $747.84. Jamal Sultan , 2357 Lake Denver Drive, Apt 737 Orlando, said he purchased property for him and his wife to reside. There were HOA liens as well as Code liens; the two smaller code liens for mowing/landscaping have already been paid to the city. He said he bought the property without seeing the interior and it was vandalized inside. He has gone through a lot of expense fixing up the property and told the Commission he would appreciate the reduction as Commissioner Wilsen recommended by the Code Board. inquired if he knew about the liens when he purchased it from the courthouse? Mr. Sultan said he did know there may be liens; he Commissioner Johnson purchased this with money borrowed from his parents to live there. said the pictures provided show what the neighbors had to live with and though it is not his fault, the banks and mortgage companies don’t care so the city has to enforce the lien on the property owner. After some discussion, a motion was made. Commissioner Wilsen, seconded by Commissioner Keller, moved to reduce fine to $1000 to be paid within 90 days or it reverts back to the original fine. Motion carried 5-0. Page 9 City Commission Regular August 16, 2011 Approval of Code Enforcement Reduction of Fine/Lien for Mr. Richard Q. Beecher and 10. Staci M. Beecher Located at 1709 Cambridge Village Court. (Assistant to the City Manager Gaines) This property was cited on December 03, 2008, for a violation for excessive weeds and grass growth. On January 27, 2009, the Code Enforcement Board issued an order to comply by February 06, 2009, or be fined $150.00 per day. On June 19, 2009, the property came into compliance with the City. Mr. Michael Rappaport, the new owner of the property, is requesting a reduction of fine/lien totaling $20,519.33 ($19,950.00 plus City’s cost of $569.33). On July 26, 2011, the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $569.33. Staff concurs with Code Enforcement Board’s decision of reduction in payment to the City in the amount of $569.33 . This item was moved before item 9 because the property owner had to drive back to Tampa Assistant to the City Manager Gaines said that he will be doing the presentation for this case along with Item #9. He provided before/after exhibits and said the property was cited on December 3, 2008, fines had accumulated to $20,519.33. the Code board recommended the lien be reduced to city costs of $569.33. Michael Rappaport said that the property was already in foreclosure when the code lien was placed, and by statute it is a minor lien that generally goes away. He said he would like to get a release of lien to sell the property and he agrees to pay the city’s out of pocket costs. The Commissioner Wilsen property is in compliance and has been kept that way ever since. inquired City Attorney Rosenthal about the lien being invalid. said the city’s lien would still be in place, whether or not it should have been resolved before the final judgment in the foreclosure. The Commissioner Keller City lien is still a good lien. said his concern is that it frustrates him that the neighborhood is subjected to the non-complying home and no one cares until they want something. He has no problem reducing liens, but does not feel it should be reduced down to cost. He would like to see the fine at $1000; he feels it is worth more than $569.33 Commissioner Keller moved to reduce the fine to $1000. Motion died due to lack of second. There was discussion with regard to the lien and the foreclosure process. Mr. Rappaport stated that he is willing to do his part, but the city could still go after the previous owner. City Attorney Rosenthal stated the lien stays with the property and it is on him. He advised this lien would probably superior to any mortgage since it predates any financing. Commissioner Wilsen, seconded by Commissioner Johnson, moved to reduce the fine to $2000 to be paid within 90 days or it reverts back to the original fine. Commissioner Johnson told the homeowner that before he closed on that someone messed up by not telling him about that lien. Mr. Rappaport said 99.9% of the time the lien is dropped by the City or County if lis pendens have already been filed toward the foreclosure proper. After the discussion. Motion carried 4-1 with Mayor Vandergrift opposed. Page 10 City Commission Regular August 16, 2011 Approval of Agreement with Trammell Webb Partners, Inc. for Assistance in 11. Preparation and Evaluation of an RFP for Purchase of the Crown Point Property (Coca-Cola Property). (Assistant City Manager Shadrix) In 2006, the City of Ocoee released a request for proposals and received responses for the purchase and development of the Crown Point Property, formerly known as the Coca Cola Property. Subsequently, the City had a contract with a large home builder company which ultimately was never finalized. In the years that have ensued, the land development market has fluctuated commensurate with the continued economic decline and growth. In late 2009, the City began seeing considerable interest from prospective buyers, who wish to develop the property. Since that time, the City has met with numerous home-builders and developers, and realized the myriad possibilities for the types of submittals and purchase options that could be proposed should the City Commission authorize another request for proposals. In anticipation of a variety of possible purchase options and due to the prudence of evaluating and modifying the original request for proposals, the City has evaluated a proposal by Trammell Webb Partners, Inc. to assist in evaluation of the existing plan with current market conditions, preparation of a new RFP for purchase of the property, and evaluation and assistance in selection of a winning proposal. Trammell Webb brings a wealth of knowledge and skill to this type of project, and would be well-equipped to evaluate the anticipated wide variety of responses, optimizing the City’s financial position through their ability to create detailed proformas and model the expected returns. Assistant City Manager Shadrix said they have before them a letter scope that identifies a process by which they could draft another RFP for purchase of the Coca-Cola Property. He said as they all recall back in 2006 they had an RFP for purchase and development of the Coca-Cola Property which ultimately feel through with the downturn in the economy. They have had over the past year and a half a number of developers, home builders, and entrepreneurs looking at the Assistant City Manager Shadrix property. said that after several meeting they have decided to see if another RFP would bring a wide range of proposals from a financial standpoint. They were introduced to the partners at Trammell Webb who specializes in proformas and finance; Commissioner Wilsen money making for land development. inquired where the funds were Assistant City Manager Shadrix coming from. said it would come from existing budgeted Commissioner Coca-Cola Property funds and would not be a hit on the current budget. Johnson said this is a good process and puts them out there to see what can be added and done with the property. Commissioner Hood, seconded by Commissioner Wilsen and Johnson, moved to approve the Agreement with Trammell Webb Partners, Inc. for Assistance in Preparation and Evaluation of an RFP for Purchase of the Crown Point Property. Mayor Vandergrift briefly explained that he has been encouraging staff to not only look at the possibility of selling the property but also looking at the possibility of the city developing it. He said that one of the things he has been trying to do is recruit colleges for a number of years because he feels they need to brand the community and one of the ideas he came up with is an Educational Community. If they were to build a building like the Maitland Center that is convertible then the colleges will come. He would like to keep that in mind for this RFP. After the discussion. Motion carried 5-0. Page 11 City Commission Regular August 16, 2011 Approval of One year Emergency Contract with Rural/Metro Corporation of Florida 12. d/b/a Rural/Metro Ambulance to provide Emergency Medical Services (EMS) Transport for the City of Ocoee. (Assistant City Manager Shadrix) In mid-2010, Health Central Hospital informed the City of a possible future merger of their hospital with a larger healthcare system. As part of the discussion, hospital officials voiced concerns relative to the continued viability of Emergency Medical Services (EMS) transport through its’ subsidiary Health Central Ambulance; however, a final decision was to be made at a future date when a potential merger partner was identified and negotiations progressed. In February 2011, the hospital voted to accept a proposal from and begin negotiations with Orlando Health to become part of its integrated health care system. In mid-July, 2011, the city was immediately notified that Health Central would indeed cease operations of its ambulance unit as of October 1, 2011. Staff evaluated a proposal from Rural/Metro Ambulance which would provide a similar service model for Advanced Life Support (ALS) EMS transport which the city currently receives from Health Central Ambulance at no cost. The proposed contract provides for professional service level standards, response time requirements, preferred hiring of Health Central paramedics, and equipment standards. The City of Winter Garden executed a one-year emergency contract with Rural Metro at their August 11, 2011, Commission Meeting. Staff recommends awarding a one-year contract with Rural Metro on an emergency basis, and preparing a formal Request for Proposals (RFP) for ALS emergency ambulance response and transport in early 2012. City staff will also collect the necessary data to effectively calculate the expenditures and probable revenues associated with performing these services on an in-house basis. This item was moved up and heard before after Commission Announcements. Assistant City Manager Shadrix said that in February we were very happy to hear that Health Central was merging with Orlando Health Hospital system. We were recently made aware that the ambulance service was going to go away from Health Central. At that time we held collaborative meetings with Winter Garden, Windermere, Orange County and several of the interested providers. The County has declined to provide a proposal at this time. The contract before the Commission tonight is a one year emergency contract which will allow the city to enter a formal bid process at the termination of the contract. As part of that bid process the city can conduct its own evaluation of its transport services. Rural Metro will be using Health Central staff and Health Central facilities and they are guaranteeing the same level of service at no cost for the duration of this contract. There are representatives from Health Central and Rural Metro here to answer any questions the Commission may have. Commissioner Wilsen inquired as to what change was made to the agreement since there is a City Attorney Rosenthal revised agreement before them on the dais. explained that it was City Clerk Eikenberry conformed to match the agreement from the City of Winter Garden. said the change to Item 35, Assignments on the contract. She stated the only other change was a correction of the city’s address. She asked about Item #9 on the contract, replacement of medical Fire Chief McNeil equipment and Mr. Shadrix explained that applies only to Rural Metro. said that it is the same as now; we do not have the ability to recover the cost which is approximately Chris Blach, Division General Manager of $100,000 per year for the whole ALS program. Rural Metro advised they will restock the Fire Departments disposable medical supplies. Commissioner Hood asked when we will re-evaluate doing this in-house as opposed to City Manager Frank awarding a contract. said they will be looking at the options after the first of the year; he added that they would probably consider a 3 or 5 year contract, possible a three year contract with two automatic one year renewals. We will be studying common practices to Commissioner Johnson get the best contract for the city. said that one of the things they need City to do is check the hospital records for the cost to customers for the ambulance service. Manager Frank said they did get that information, minus the names, from Health Central; we think the hospital was able to get a little higher reimbursement than the City because of their Page 12 City Commission Regular August 16, 2011 insurance agreements, but the information given will give us a good idea of the revenues. Commissioner Keller said he would like to get a third transport vehicle so that there is one in each station. He also added he would like to keep the contract short, since this would be a new Commissioner bid award for these contracts and we may decide in-house is a better option. HoodChief asked about the City doing the transports from the High School at athletic events. McNeil said they met with Ocoee High School officials this week and worked out arrangements for covering athletic events in order to have EMS on site in stand-by mode. They will not be transport units. For the varsity games they will be there with a fire truck, EMS unit and the Polaris. Commissioner Wilsen asked about Professional Liability in Item C on the contract and there was discussion regarding the standard contract language. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the One year Emergency Contract with Rural/Metro Corporation of Florida d/b/a Rural/Metro Ambulance to provide Emergency Medical Services (EMS) Transport for the City of Ocoee. Vote taken after subsequent discussion. Martha Lopez-Anderson, 2438 Alclobe Circle, said that she is happy to hear that Health Central Transport will be on board with Rural Metro. Her concern is why the City waited until th Assistant City 11 hour to bring this to Commission if they have known about this since 2010. Manager Shadrix said they were not made aware that the ambulance service was going to go away until early to mid-July, not in 2010. There was some conjecture going on with regard the EMS Advisory Council Meeting; our representative answered accurately that they had not made a decision yet and Winter Garden said they were ready to go. We have been meeting consistently with the City Manager from Winter Garden, so if any misrepresentation was made it was quickly resolved. They had a meeting two days later, one of eleven meetings in the last month on this topic, and made the decision. What is before you is a no-cost option that will give us time to properly preform this process and determine if we want to do this in-house or award a Mayor Vandergrift contract. said that we went from thinking we didn’t need to do this until October, to being told it needs to be done this week. He added that it was the best option we had . Martha Lopez-Anderson and it is a temporary arrangement to bridge the gapsaid that she understands that a lot has to be reviewed and studied but they have known that things were going to be changing with Health Central and she feels the City should have acted sooner, and the commission should be given a lot of information in advance to make an informed decision. Mayor Vandergrift recalled two years ago when he suggested we go ALS transport, rather than just ALS. He would like to put out an RFP and have the City respond just like the rest of the vendors. There was discussion regarding the Ocoee being ALS and Winter Garden being ALS City Manager Frank Transport. stated that we are ready to roll with transport; the application Commissioner Keller was made months ago. also noted that Ocoee was ALS before Winter Garden because we were concerned about our residents being served by Winter Garden not having equal service for a while. He said there has been money in the budget for the last two years for a transport unit which has helped us to get up and ready quicker to go with in-house transport if that should be the decision. We will talk about getting a third transport unit at the Commissioner Johnson budget meetings. noted that during the early meetings with the hospital they said they did not know whether or not they were getting out of the transport side; he added this decision for the temporary contract is a good one in that it allows us time to evaluate everything and does not raise the taxes for the residents. After the discussion.Motion carried 5-0. Page 13 City Commission Regular August 16, 2011 I. STAFF ACTION ITEMS -none J. COMMENTS FROM COMMISSIONERS Commissioner Hood — Schools starts Monday; everybody be safe! Mayor Vandergrift asked for police protection at Spring Lake School given the fact that the stop was removed for a while; he asked that Ocoee Elementary and Ocoee Middle School be included as far as police presence. Commissioner Keller mentioned Clarcona Elementary school. He was unsure if there were any crossing guards there along Clarcona -Ocoee Road. Police Chief Brown confirmed that the commissioners were referring to Canyon Trail. The chief said that they will have two crossing guards there until the road repairs are completed. Further discussion ensued. Mayor Vandergrift said that the Sheriff's Office use to supply crossing guards, but the requirements to become a crossing guard were so numerous that fewer people sought the position. Ocoee took over the job. Commissioner Wilsen — Attended the Florida League of Cities (FLC) conference. The president of the FLC is a member of the Tri- County League of Cities, Ms. Pat Bates. Governor Rick Scott was present at the conference as a guest speaker. Commissioner Johnson — Park bench at corner of Silver Star and Lakewood keeps being moved back and forth. The bench needs to be moved from its current location so that people can get past it. A disabled citizen who pushes another citizen in a wheelchair finds it difficult to navigate around the bench in its present location. Public Works Director Steve Krug said that he will have the bench removed. He further mentioned that someone needs to clarify with the newspapers about Ocoee's tax rate. Commissioner Hood said that he sent the city manager an email about the same issue this past Monday. The article highlighted the fact that Ocoee proposed the highest rate without also printing that the commission can come down to a lower final tax rate which is what the commission most often does. City Manager Frank said that the paper makes no distinction between preliminary rates and the final rate. The city manager opined that leaving out this distinction sells more newspapers for the Orlando Sentinel. Commissioner Hood said that everyone who contacted him about the matter said that they saw it in the Orlando Sentinel. Mayor Vandergrift said most folks do not understand the TRIM bill, and the county has a tax assessor who loves to say that cities are raising taxes. Commissioner Wilsen said that the commission needs to let the citizens know that the commission is trying to be very careful not to raise taxes and still keep the services that citizens already enjoy. She added that folks need to realize that the only thing the commission deals with (shown on the TRIM bill) is Ocoee's tax rate. Commissioner Wilsen announced that the next budget meeting will be held tomorrow night at 6:00 p.m. Commissioner Keller — asked Public Works Director Steve Krug to drive through the area around Windstone, Sawmill and Prairie Lake have potholes. Trees there also need trimming. Regarding his wrist, Commissioner Keller explained that he was playing racket ball and badly sprained his wrist. It will be a month or two until he's back playing racket ball. Page 14 City Commission Regular August 16, 2011 Mayor Vandergrift - asked if there is any money left for sidewalk repair. In front of Pond 17 there are is a driveway across the sidewalk going into that pond. It is broken to pieces, the mayor said, along with several other breaks along the side of it. There is a two inch ridge along the sidewalk that folks could trip over. ADJOURNMENT The meeting was adjourned at 10:09 p.m. APPROVED: Attest: City of Ocoee - i e ikenberry, City Clerk 4 S. Scott Vandergrift, Ma — -- Pa 15