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HomeMy WebLinkAboutVII(F) Approval and Authorization for Ocoee Fire Department's "Fully Involved" Program City Manager Jim Gleason Agenda 01/20/2004 Item VII F Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift STAFF REPORT To: The Honorable Mayor and City Commissioners From: Richard Firstner, Assistant Fire Chief Date: January 12,2004 Re: Ocoee Fire Department's "FULLY INVOLVED" Program Baclmround: The Ocoee Fire Department is in the process of developing a service program entitled "Fully Involved" that will install smoke detectors and fire extinguishers in residential properties within the City of Ocoee. The program will also provide residents basic home repairs to avoid future problems. The name "Fully Involved" is a term used in Fire Services to describe how advanced a fire is within a structure, and the "all hands" involvement that is required by the emergency responders to control the situation. The name was selected for the program to indicate that the department intends to become "fully involved" with the community, reaching beyond normal service delivery, and elevate personal voluntary service for the betterment of the community. The program was discussed with Lowe's Home Improvement who has expressed an interest in partnering with the department, and has provided an initial grant to get the program started. Lowe's currently has a program entitled "Lowe's Hero's Program" similar to the department's Fully Involved program. They are interested in participating in the Fully Involved program by providing volunteers and support. Lowe's has donated over $1,000.00 of smoke detectors, extinguishers and tools. Lowe's has also offered to provide a 6' X 12' trailer at cost to the department. The program concept has been proposed to the Citizens Advisory Council for the Ocoee Fire Department (CACOFD) and the Firefighters Union IAFF Local 3623, and has received their endorsement. Both organizations have expressed an interest in becoming an active partner in the program. The CACOFD has accepted the responsibility to oversee and administer the program. This will include; accepting donations, screening requests, approving repair work, purchasing required materials and supplies, and keeping the necessary records. ScoDe: The program will consist of a trailer, staffed by a combination of on-duty fIre department personnel and volunteers. The trailer will carry smoke detectors, fIre extinguishers, tools and equipment for installation and repair, and public education materials. The trailer will be maintained by the fIre department and will be available for routine as well as emergency use. The department currently provides smoke detectors to the residents of Ocoee upon request. The detectors have been provided in the past either by grant funding, operational funding, or a combination of both. The department personnel would visit the residents in the fIre engine assigned to that district and install the detector according to accepted practices. The Fully Involved program will continue to provide smoke detectors, and expand to fIre extinguishers, where necessary. The program would also provide small repair projects to the residents of the City ofOcoee, when the need is determined. The repair and construction projects would include building wheelchair ramps, repairing stairs, railings, doors and doorways, and other tasks that would normally pose a problem to the residents, or create an unsafe or unhealthy condition. The project would be designed to assist those citizens that are economically deprived, in poor health, handicapped, or any other condition that would prevent them from performing the work. V olunteers in an off-duty status would accomplish projects that would require construction or repair. The requests would be reviewed by the CACOFD and receive their approval. Recommendation: In order for the Fully Involved program to be successful and function properly, the following action will be required. 1. A trailer needs to be procured to carry the necessary tools and equipment. Recommendation: Approve the utilization of the funds that have been given to the City from the Local Mitigation Strategy ($2,800.00). These funds are the City's share for participating in the program and are to be used to further hazard mitigation. The funds would be used to procure the trailer outside the current capital equipment budget and have graphics applied to advertise the program and it's sponsors/partners. 2. Approve the creation of an account that would be used to purchase supplies and materials for the program. The account would be administered by the CACOFD so that donations, grants and other funds could be deposited and used for approved purposes. All transactions would be conducted according to standard procurement practices. Recommendation: Approve the creation of a separate account for the purpose of administering the program. Approve the deposit of the $1,000.00 grant from Sam's Club, and the $1,000.00 grant from Wal-Mart. - STAFF REPORT Agenda 01/20/2004 Item VII G ~ To: The Honorable Mayor and City Commissioners From: Jim Gleason, Ocoee City Manager Date: January 12, 2003 RE: Eminent Domain-Condemnation of Right of Way on 7th Ave. ISSUE Should the Ocoee City Commission authorize staff and the city attorney to proceed with condemnation of "Right of Way" of 48,439 square feet + or- from Devworth Properties Inc.? If so, should this condemnation be by the "quick take" or "slow take"process? This Right of Way is needed to improve 7th Ave. to a road for vehicular traffic. BACKGROUNDIDISCUSSION: As per today date we are not further along in working with the developer to get their project approved and or the donation of the road right away. The city has a long- standing condition on the approval of the Westridge P.U.D. whereby the necessary Right of Way on 7th Ave. will be conveyed to the City of Ocoee in connection with the development of the PUD. The City Commission has also approved an agreement, which would provide for the earlier conveyance of the 7th A venue Right -of - Way subject to the approval of a comprehensive plan amendment for a commercial parcel and other plan approvals related to the project. The purpose of the condition is to provide sufficient Right of Way to allow 7th Ave. to be improved for vehicular and pedestrian traffic. This will enhance the safety of children attending Thornebrooke Elementary School; improve traffic pattern disbursement on Moore, Thornebrooke and 6th Ave. City staff and the city attorney have tried several times to work with Devworth Properties Inc. to obtain the conveyance of this need "Right of Way" prior to the City Commission approval of a Preliminary and or Final Site Plan without success. The developers' current submitted plan has undergone a first round review and has been on hold pending receipt of information sufficient to begin the second round of review. City staff has just received that information and the project is now in a 30-day review cycle for the second round review. It is premature to predict the timing for the project to reach the City Commission and what the staff recommendation might be with respect to the project. If the City Commission wants to expedite the acquisition of the Right-of-Way it would be necessary to condemn the land needed. The appraised value of the 48.439 SF + or - of the necessary "Right of Way" required has been valued at $62,535 as of June 17, 2003. In addition to the value of the land, the city could expect to pay up to an estimated total of $100,000+ in additional costs for any land value dispute and legal costs. If the City pursues the "quick take" process the City would be bound to pay whatever amount might be awarded by a jury. RECOMMENDATION Staff believes the current conditions of the Developer Agreement for the Westridge P.U.D, requires the conveyance of the necessary "Right of Way" on 7th Ave. at no cost to ~ the city upon development of the Westridge PUD or the granting of comprehensive plan amendment and development plan approvals. The city currently has not budgeted $150,000 + or - nor have we identified funding sources at this time. Staff respectfully request the City of Ocoee Commission to provide a clear policy direction either to proceed with condemnation and have staff advise on funding options or continue to wait for the!- Developer to proceed in developing the property and obtaining development approvals in order to obtain the "Right of Way" at no cost to the city. - DERANGO, BEST & ASSOCIATES REAL ESTATE APPRAISERS. ADVISORS & CONSULTANTS I 60 I EAST AMELIA STREET. ORLANDO. FLORIDA 32803 July 1 a. 2003 Ms. Mary Doty. Assistant City Attorney City of Ocoee C/o Foley & Lardner P.O. Box2193 111 North Orange Avenue.. Suite 1800 Orlando. Florida 32801-2386 RE: Appraisal otthe proposed right otway acquisition - Devworth Properties, Inc. Located in the southeast quadrant of Maguire Road and Moore Road. Ocoee, Florida. Dear Ms. Doty: In accordance with our agreement, we have personally inspected and appraised the above referenced property. The purpose ot our appraisal is to estimate the market value of the property to be acquired along with any associated cost to cure or damages which may accrue to the remainder property. The function of our appraisal is for use by the City ot Ocoee in decision making relative to the possible acquisition of a strip of the property for a Right otWay (ROW) taking. We have appraised the whole property as well as the proposed taking value. Our value estimate, which is documented in the attached report, is as follows: $62,535 Effective dateof valuation June 17,2003. The value cited above is subject to the assumptions, limiting conditions, certification statements and definitions presented within the attached summary report. Sincerely DERANGO.BEST &. ASSOCIATES Daniel R. DeRango MAl St.Cert.Gen.REA RZ 1 03-233 (407) 895-6650 FAX (407) 898-8467 MAIL@DERANOOBEST.COM - . APPRAISAL OF THE PROPOSED RIGHT OF WAY ACQUISITION DEVWORTH PROPERTIES, INC., OCOEE, FLORIDA TRACT SIZES: .. PAGES I Square Parcel Sizes Acres Feet % Total Larger Parcel: Devworth Site 67.542 2,942,130 88.48% Glenmuir Parcel 8:797 383,197 11.52% Total Larger Parcel 76.339 3,325,327 100.00% Acquisition Area 1.112 48,439 1.46% Remainder 75.221 3,276,888 98.54% ZONING: PUD, Planned Unit Development,"tiy the City of Ocoee. The property has been planned as the Westridge PD. FUTURE LAND USE: Low Density Residential, by the City of Ocoee. STAFF REPORT Agenda 01/20/2004 Item VII G To: The Honorable Mayor and City Commissioners From: Jim Gleason, Ocoee City Manager Date: January 12, 2003 RE: Eminent Domain-Condemnation of Right of Way on 7th Ave. ISSUE Should the Ocoee City Commission authorize staff and the city attorney to proceed with condemnation of "Right of Way" of 48,439 square feet + or- from Devworth Properties Inc.? If so, should this condemnation be by the "quick take" or "slow take"process? This Right of Way is needed to improve 7th Ave. to a road for vehicular traffic. BACKGROUNDIDISCUSSION: As per today date we are not further along in working with the developer to get their project approved and or the donation of the road right away. The city has a long- standing condition on the approval of the Westridge P.U.D. whereby the necessary Right of Way on 7th Ave. will be conveyed to the City of Ocoee in connection with the development of the PUD. The City Commission has also approved an agreement, which would provide for the earlier conveyance of the 7th A venue Right -of - Way subject to the approval of a comprehensive plan amendment for a commercial parcel and other plan approvals related to the project. The purpose of the condition is to provide sufficient Right of Way to allow 7th Ave. to be improved for vehicular and pedestrian traffic. This will enhance the safety of children attending Thornebrooke Elementary School; improve traffic pattern disbursement on Moore, Thornebrooke and 6th Ave. City staff and the city attorney have tried several times to work with Devworth Properties Inc. to obtain the conveyance of this need "Right of Way" prior to the City Commission approval of a Preliminary and or Final Site Plan without success. The developers' current submitted plan has undergone a first round review and has been on hold pending receipt of information sufficient to begin the second round of review. City staff has just received that information and the project is now in a 30-day review cycle for the second round review. It is premature to predict the timing for the project to reach the City Commission and what the staff recommendation might be with respect to the project. If the City Commission wants to expedite the acquisition of the Right-of-Way it would be necessary to condemn the land needed. The appraised value of the 48,439 SF + or - of the necessary "Right of Way" required has been valued at $62,535 as of June 17, 2003. In addition to the value of the land, the city could expect to pay up to an estimated total of $100,000+ in additional costs for any land value dispute and legal costs. If the City pursues the "quick take" process the City would be bound to pay whatever amount might be awarded by a jury. RECOMMENDATION Staff believes the current conditions of the Developer Agreement for the Westridge P.U.D, requires the conveyance of the necessary "Right of Way" on 7th Ave. at no cost to the city upon development of the Westridge PUD or the granting of comprehensive plan amendment and development plan approvals. The city currently has not budgeted $150,000 + or - nor have we identified funding sources at this time. Staff respectfully request the City of Ocoee Commission to provide a clear policy direction either to proceed with condemnation and have staff advise on funding options or continue to wait for the! Developer to proceed in developing the property and obtaining development approvals in order to obtain the "Right of Way" at no cost to the city. I . I DERANGO. BEST & ASSOCIATES REAL ESTATE APPRAISERS. ADVISORS & CONSULTANTS I 60 I EAST AMELIA STREET. ORLANDO. FLORIDA 32803 July 10. 2003 Ms. Mary Doty. Assistant City Attorney City of Ocoee C/o Foley & Lardner P.O. Box2193 111 North Orange Avenue.. Suite 1800 Orlando. Florida 32801-2386 RE: Appraisal of the proposed right of way acquisition - Devworth Properties, Inc. Located in the southeast quadrant of Maguire Road and Moore Road. Ocoee, Florida. Dear Ms. Doty: In accordance with our agreement, we have personally inspected and appraised the above referenced property. The purpose of our appraisal is to estimate the market value of the property to be acquired along with any associated cost to cure or damages which may accrue to the remainder property. The function of our appraisal is for use by the City of Ocoee in decision making relative to the possible acquisition of a strip of the property for a Right of Way (ROW) taking. We have appraised the whole property as well as the proposed taking value. Our value estimate, which is documented in the attached report, is as follows: $62,535 Effective dateof valuation June 17,2003. The value cited above is subject to the assumptions, limiting conditions, certification statements and definitions presented within the attached summary report. Sincerely DERANGO.BEST &. ASSOCIATES Daniel R. DeRango MAl St.Cert.Gen.REA RZl 03-233 (407) 895-6650 FAX (407) 898-8467 MAIL@DERANOOBEST.COM APPRAISAL OF THE PROPOSED RIGHT OF WAY ACQUISITION DEVWORTH PROPERTIES, INC., OCOEE, FLORIDA TRACT SIZES: PAGES Square Parcel Sizes Acres . Feet % Total Larger Parcel: Devworth Site 67.542 2,942,130 88.48% Glenmuir Parcel 8:797 383,197 11.52% Total Larger Parcel 76.339 3,325.327 100.00% Acquisition Area 1.112 48,439 1.46% Remainder 75.221 3,276,888 98.54% ZONING: PUD, Planned Unit Development, by the City of Ocoee. The property has been planned as the Westridge PD. FUTURE LAND USE: Low Density Residential, by the City of Ocoee.