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HomeMy WebLinkAbout07-17-12 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida July 17, 2012 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 Proclamation — Recreation and Parks Month — July 2012. (Mayor Vandergrift) Project Update Presentation by Florida League of Cities Representative Kathy Till, Advocacy Consultant for the Florida League of Cities, Inc. 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 June 19, 2012. (City Clerk Eikenberry) 2. Appointment to the Board of Adjustment. (City Clerk Eikenberry) Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members, all with three year terms. There are currently two (2) alternate member positions open. An application has been received by Keith Carrington who has shown an interest on being appointed to the Board of Adjustment for a term ending May 2015. There are no other applications on file to fill the board opening. 3. Appointment to the Code Enforcement Board. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. There are currently two (2) alternate member positions open. An application has been received by Keith Carrington who has shown an interest on being appointed to the Code Enforcement Board for a term ending June 2015. There are no other applications on file to fill the board opening. City Commission Regular July 17, 2012 4. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve two -year terms. Currently the Human Relations Diversity Board currently has twelve (12) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application has been received from Ira Calloway, a City of Orlando resident with an interest in serving on the board. The City's Human Relations Diversity Board is recommending that the City Commission waive the residency requirement and appoint Ira Calloway to the Human Relations Diversity Board with term ending May 2014. 5. Certify Appointment to the City of Ocoee General Employees' Pension Board. (General Employees' Pension Board Chairman Wagner) Trustees of the Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund currently serve four -year terms. Two of the trustees are appointed by the City Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for Certification of the appointment as a ministerial act. During a Special Session of the City of Ocoee General Employees' Retirement Trust Fund Board held on July 9, 2012, the Trustees unanimously chose to appoint Robert Godek as the Fifth Trustee, replacing Wendy West who recently resigned due to business obligations. 6. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2012 Application 2012 -JAGC -1893. (Deputy Police Chief Goclon) This year, $11,268.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit the attached 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $362,932.00 allocated to them. The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will receive $11,268.00 to purchase two (2) Motorola digital portable radios, some accessories, and related software in order to maintain compatibility and interoperability with Motorola radios currently utilized by the Orange County radio users group as well as comply with Federal mandates to be digitally ready by the year 2012. Motorola is a sole source provider for these radios and offers only the State of Florida government contract pricing (725 - 500- 12 -1). 7. Approval for the City to Terminate Two Temporary Construction Easements and for the Mayor to Execute the Related Notices of Termination. (CIP Manager Butler) Prima Vista Utilities acquired a temporary construction easement in November 1984 from Richard W. Davis and Allison D. Burguiere, the then - owners of Orange County Parcel No. 20- 22 -28- 0000 -00 -021, located in the southeast corner of the intersection of Maine Street and Richmond Avenue. This acquisition was part of the process to construct the original Lift Station 7, which was a major component of their sanitary sewer collection and transmission system. That easement was to terminate "one year following the commencement of improvements for which this easement is being granted, or until the use thereof is abandoned." The City subsequently acquired the assets of Prima Vista Utilities, including the original Lift Station 7. That facility was enlarged and relocated to a point further north adjacent to the Richmond Avenue right of way and north of Maine Street by the City in 2009. As part of this project, the City acquired a temporary construction easement from McCormick Road, LLC, the owner of Orange County Parcel No. 20- 22 -28- 0000 -00 -015 in 2009. This easement was to "terminate upon completion of the construction of the Improvements as certified by the City" and carried a requirement for the City to "record a Notice of Termination in the Public Records of Orange County, Florida" upon completion of the work. Both parcels are now owned by M &I Regional Properties, LLC, which has asked the City to provide a formal Notice of Termination for both easements in order to facilitate sale of the land and its subsequent development. All construction activities for which the easements were acquired have ceased. Terminating the easement will not adversely impact City operations. Page 2 City Commission Regular July 17, 2012 G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 8. Bright House Ocoee. (Advertised in the Orlando Sentinel on Thursday, July 5, 2012, and Thursday, July 12, 2012). (Principal Planner Fabre) The subject property is located on the east side of Maguire Road and approximately 1,100 feet north of Colonial Drive (SR 50). Based on the recommendation of the DRC and Planning & Zoning Commission, staff recommends that the Mayor and City Commissioners approve the Annexation of the +1 -1.95 acres parcel of land known as the Bright House Ocoee property with an Initial Zoning classification of a "PUD" based on the Land Use Plan, as date stamped received by the City on May 22, 2012. a. Annexation Ordinance b. Rezoning Ordinance to PUD/Land Use Plan c. Development Agreement (Not a Public Hearing) H. REGULAR AGENDA 9. Award of Bid #B12 -06 Ison Center Civil Improvements. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to construct a number of civil site improvements at the Ison Center for Senior Citizens and Veterans, located at 1701 Adair Street in north - central Ocoee. These improvements are specified in the bid specifications and drawings prepared for the City by Inwood Consulting Engineers, and a supplemental drawing for the building identification sign. This project is funded by two Congressional grants, one of which is in the amount of $148,800 and expires on September 30, 2012. As a condition of the work, the Contractor must satisfactorily complete at least $140,000 of construction work for this project prior to September 10, 2012. Failure to meet this deadline will eliminate the majority of funding allocated to the project and result in significant losses to the City. Should the Contractor fail to adequately complete the work and federal funds are lost as a result, the Contractor shall not be paid for any work for which funding has been lost due to said failure of Contractor to timely perform the work. Staff recommends that the City Commission award Bid #B 12 -06 to Atlantic Civil Constructors Corporation in the amount of $305,753.40 10. Code Enforcement Reduction of Fine/Lien for West Oaks Mall located at 9401 W. Colonial Drive #646 Auntie Anne's. (Fire Chief McNeil) Property was cited on January 13, 2009, for a violation for not obtaining a final inspection for permit #0701598 for an Electrical Hook up of Sign. On October 8, 2009, the property came into compliance with the City. On February 24, 2009, the Code Enforcement Board issued an order to comply by March 23, 2009, or be fined $150.00 per day. Mr. Scott Wesley, Operations Manager for West Oak Mall is requesting a reduction of fine/lien of $30,000.00 plus City's administrative cost of $778.47 (totaling $30,778.47), since he was not aware of the situation. He started as Operations Manager for the West Oak Mall after the facts, as per Mr. Wesley testimony. On June 26, 2012, the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $778.47 11. Code Enforcement Reduction of Fine/Lien for Property Located at 1008 Wyoming Court. (Fire Chief McNeil) This case originated as a complaint forwarded from the police department on July 11, 2010. The request was to examine a vacant home occupied only by several dogs, juveniles who stopped occasionally to feed the dogs and hang -out, a junk vehicle and misc. junk and debris. On July 12, 2010, Code Enforcement Officer Edward Loeffler did observe the conditions conveyed in the complaint in addition to disconnected water utility, disconnected electric utility, open containers of used motor oil, closed containers of unknown chemical content, 55 gallon drums with unknown content, overgrown weeds and grass and shattered front window glass. Page 3 City Commission Regular July 17, 2012 This property and owner, the Robert L Cramer Estate, was immediately cited on the same day, July 12, 2010, for violation of ordinances 115 -5, 115 -3, 108 -35 and 165 -3 / 168 -4 A 16. The violation notice was posted at the location as person(s) were known to occasionally come and go. Progress Energy Loss Prevention and Orange County Animal Services were also summoned. Due to the severity of the nuisance conditions and their impact on the surrounding residents the notice provided until July 15, 2010, to correct the violations. On July 15, 2010, the property was re- inspected and observed non- compliant. The case was referred to the code enforcement board and presented at the July 27, 2010, code enforcement board meeting. Potential buyer Ms. Tera De La Rosa is requesting the fine /lien amount of $128,000.00 be reduced or eliminated to enable the purchase and occupancy of the property and dwelling. The Code Enforcement Board is recommending the fine /lien be reduced to the city's cost of $1,016.00. Discussion by the board to reduce the amount was based on testimony from the city, potential buyer Ms. Tera De La Rosa and real estate agent Ms. Suzy Morrow. No representative of the property owning entity was present. 12. Request from the Parks and Recreation Department for Authorization to Provide for the Sale of Beer and Wine at the Monthly Food Truck Friday Event. (Parks and Recreation Director Hayes) Over the last several events there have been inquiries from the people attending as to whether beer and wine would be provided as part of the event. The Parks and Recreation Department has always been open to new opportunities that would improve the event and generate additional revenue. Therefore, the Parks and Recreation Department is requesting permission to provide for the sale of beer and wine at this event. The sale of beer and wine would be conducted by a licensed and insured vendor, meeting the City requirements, and the consumption of alcohol would be confined to the areas associated with the Food Truck event within Bill Breeze Park and Municipal Lakefront Park. To ensure the safety of the public, Parks and Recreation staff has met with the Police Department and Risk Management Department to carefully analyze issues that could potentially occur when alcohol is present. The Police Department will be providing an officer at the event to monitor the activities, and the Parks and Recreation staff will provide signage advising people as to where alcohol may be consumed. The sale of beer and wine would coincide with the same hours of the Food Truck event, between 6:00 pm. to 9:00 pm. 13. Set Workshop and Hearing Dates for FY 2012/2013 Budget. (Finance Director Horton) Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow their comments. The TRIM act has specific time frames which must be adhered to for the timing of the hearings. The hearing dates cannot conflict with Orange County (9/06 and 9/20) or Orange County School Board (9/11) hearing dates. Staff recommends the commission select two of the following dates for the August workshops: August 9,13,15,29 Staff recommends Commission select one of the following combinations of dates to schedule the public hearings: September 5 and 19 September 12 and 26 or September 13 and 26 Workshops and Hearings will begin at 6:00 p.m. 14. Set Proposed Tentative Millage Rate for FY 2012/2013 Budget. (City Manager Frank) The TRIM Act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. This rate can be lowered during the budget hearings in September and has historically been done so by the City. State Statutes establish levels of approval by the governing body in setting the millage rate. The statutes provides for a maximum millage than can be levied by the governing body with a maiority vote. This maximum millage rate for the upcoming fiscal year, 7.6037, is an increase of the current year millage (5.8460). The rolled back rate for 2012/2013 is 6.1304. This rate is higher than the Page 4 City Commission Regular July 17, 2012 current year rate due to the decrease in assessed property value again this year. The City's assessed value decreased $49,924,714. This is a reduction of $283,104 at the current millage rate of 5.8460. The City can set the proposed millage for FY12/13 up to 8.3641 with a super maioritv vote by the Commission. This millage rate would generate $ 13,459,092 in ad valorem revenues. A millage rate higher than the 8.3461 would require a unanimous vote by the Commission. The proposed budeet is currently balanced at 5.8460 which is the same rate as FY 11/12. This millage rate is less than the rolled back rate. I. STAFF ACTION ITEMS J. 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 5