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HomeMy WebLinkAbout08-20-13 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida August 20, 2013 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 Proclamations: ➢ Childhood Cancer Awareness Month — September 2013 ➢ September 11 as a Day of Prayer, Remembrance, and a Rededication to Patriotism ➢ National Assisted Living Week — September 8 th -14 Presentation of Officer of the 2 " Quarter to Police Officer David Ogletree by CACOPD Board Members Presentation of Attendance Awards for Crossing Guards. (Police Chief Brown) Presentation by Ginger Cook of Central Florida Film Festival (CENFLO). (CRA Administrator Wagner) C. COMMENTS FROM CITIZENS /PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL, MATTERS LISTED UNDER TI IE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. TI IERE WILL BE NO SEPARATE DISCUSSION OF THESE, ITEMS UNLESS DISCUSSION IS DESIRED 13Y 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 August 6, 2013. (City Clerk Eikenberry) 2. Reappointment to the General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Boards now serve four -year terms, as amended in Ordinance 2009 -020. The City Commission appoints two of the trustees, 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. Trustee Jean Grafton has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. Regular City Commission Meeting August 20, 2013 3. Reappointment of Trustee to the Police Officers' and Firefighters' Retirement Trust Fund and Board of Trustees. (City Clerk Eikenberry) Each member of the Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees, as amended in Ordinance 2010 -019, serves a four -year term. The City Commission appoints two of the trustees from the legal residential body of the City of Ocoee, two are elected from the employee body (one police officer and one firefighter), 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. Charles Brown is a Commission Appointed Trustee, and his term is set to expire September 30, 2013. Mr. Brown has indicated he is willing to serve another term if appointed. The position of the fifth trustee is also set to expire September 30, 2013. At their next regular meeting in November, the Police Officers' and Firefighters' Trust Fund Board of Trustees will choose their fifth trustee. We currently have one (l) application on file from Mark Scalzo with an interest in serving on the board. 4. Award of RFQ #1301 Continuing Engineering Services for Water Utility Modeling and Minor Utility Studies. (Purchasing Agent Tolbert) The City's contract for water utility modeling and minor utility studies with Reiss Engineering has expired. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from professional engineering firms or individuals that are interested in providing potable water, reclaimed water, and sanitary sewer utility modeling services and associated utility studies within the Ocoee Utility Services Area (present and /or future) in western Orange County. The City intends to award a contract to one (1) qualified engineering firm to perform the required services. The contracts shall automatically be renewed annually, unless terminated by the City in writing, for a maximum of five (5) years from the date of execution, with an additional one (l) year renewal option. The selected Consultant shall not be eligible for other Utility professional services with the City of Ocoee during the length of the contract. The RFQ was advertised on June 23, 2013, and was publicly opened on July 23, 2013. There were two (2) responses submitted. The Finance Department and Utilities Department reviewed the proposals and all were considered responsive. Staff recommends that the City Commission award RFQ #1301 Continuing Engineering Services for Water Utility modeling and Minor Utility Studies to Reiss Engineering Inc. as budgeted each fiscal year; approximately $45,000 annually. 5. Certification of Non -Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2013/2014. (Public Works Director Krug) The City commission approved Resolution No. 2006 -003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2013/2014 tax roll for Stonnwater calculates revenue to be $3,598,434.27. This is an increase of $337,612.44 from the current year due to annexations, new homes along with corrections and adjustments of impervious areas. 6. Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2013/2014. (Public Works Director Krug) The City commission approved Resolution No. 2006 -003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2012/2013 tax roll for Solid Waste calculates revenue to be $2,931,012. This is based upon the residential Solid Waste fee of $21 per month. This is an increase of $63,252 from the current year and is attributed to annexations and new homes. 2 11'a c Regular City Commission Meeting August 20, 2013 7. Approval of Demolition of Structures at 678 S. Bluford Avenue. (Public Works Director Krug) At the May 7, 2013, meeting, the City Commission approved the purchase of the property located at 678 S. Bluford Avenue for a future stormwater treatment feature. The City closed on the property purchase August 7, 2013. The original approval authorized the City Manager to secure the demolition of the remaining structures up to the limit of his purchasing authority. Public Works is soliciting demolition quotes from the City's Continuing Service Contractors and anticipates the demolition costs may exceed the City Manager's purchasing level. In order to eliminate the liability exposure the existing dilapidated structures on site pose to the City, Public Works is requesting the Commission authorize the City Manager to approve demolition costs up to $50,000.00 to ensure the work proceeds in an expeditious manner. The funding for this work is available in the balances from completed Stormwater Utility projects. 8. Approval of Budget Transfer in the Amount of $26,000 from the Public Works Department Budget to the Contract for Heartspoken Counseling, Inc. (Human Resources Director Williford) The current contract with Heartspoken Counseling, Inc. was approved by the City Commission on January 4, 2011. The Agreement is for psychiatric initial assessments, individual and family counseling, group counseling and training seminars for employees and their dependents. The budgeted amount for this fiscal year is $60,000. However, due to increased usage of this service and based on charges so far incurred, there is a shortfall of approximately $26,000. Based on figures from the Finance Department, there are funds available in Public Works streets 001 - 541 -10 -1200 (Salaries). 9. Annual Kicks 4 Guns Firearms Turn -In Initiative: Request for up to $4000 from the State Equitably Shared Funds (Forfeiture Funds). (Police Chief Brown) Clear Channel REAL Radio in partnership with the Central Florida Crimeline will be organizing the annual Kicks 4 Guns (gun turn in). The event is scheduled for August 22nd. Last year there were 12 locations and in one day 1333 firearms were turned over to law enforcement with no questions asked. This year the Ocoee Police Department will again participate in the Kicks 4 Guns initiative. Law enforcement hosts for the initiative typically give $50 give cards for firearms turned in. Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The Ocoee Police Department wishes to expend not more than $4,000 from its Forfeiture account to purchase gifts cards with which to trade for potential crime guns in conjunction with the Central Florida Crimeline and Real Radio 104.1 FM "Kicks For Guns" turn in program. 10. Approval of the Intergovernmental Agreement with the Orange County Property Appraiser for Use of the Uniform Method to Collect Non -ad Valorem Assessments. (Support Services Director Butler) Florida Statutes provide for the Orange County Property Appraiser to support municipalities in applying the Uniform Method for the notice, levy, collection, and enforcement of non -ad valorem assessments. An intergovernmental agreement has been developed to facilitate the relationship between the City of Ocoee and the Orange County Property Appraiser to provide this support in a uniform and reliable manner that complies with State law and the rules and regulations of the Florida Department of Revenue. 11. Approval of Community Grant Program — July 2013 Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on August 6, 2013, to discuss the 13 applications received for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 to non -profit organizations and civic groups located within the city limits or are located outside the city limits but benefit residents of Ocoee. The grants are awarded twice yearly to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. 3 1Pagc Regular City Commission Meeting August 20, 2013 There is $5,500 allotted for this cycle of the Community Grant Program. The Community Grant Review Board voted to fund 10 organizations in the total amount of $4,900. The following three organizations were denied grant funding: Girl Scouts West Orange Service Unit, Ocoee Church of God /Lighthouse Christian Academy and Indian Horizon of Florida. 12. Approval of a Budget Transfer in the amount of $12,000.00 from the Salaries Budget to the Contractual Services Account of the Building Division. (Building Official Washington) In the July 16, 2013, meeting the Honorable Mayor and Board of City Commissioners authorized a budget transfer of $24,999.00 to engage the services of private provider PDCS, LLC for a multi -trade inspector to maintain the basic level of customer service for the Building Division with an overage of $650.00. Presently, the Building Division continues to experience an increase of permitting activity resulting in a workforce incapable of meeting today's permitting demands and customer service commitments. The recovery of the housing market and continuous demands for new single family residence permits and commercial business remodels continue to challenge the inspections and plan review capacity of the Building Division staff. Furthermore, the growing demands of the industry have made it challenging to fill the remaining inspector position. The Building Division is compelled to pursue the services of a private provider for a plans examiner and a multi -trade inspector until the inspector position can be filled. 13. Reappointments to the Personnel Board. (City Clerk Eikenberry) In accordance with Section C -30 Charter of the City of Ocoee the Personnel Board shall consist of at least one (1) city employee, one (1) City Commissioner, one (1) person who holds a management position with the city and one (1) citizen of Ocoee who is not employed by and does not hold office with the city. The Personnel Board has not met since 2011 and therefore some terms members have expired. At the April 2, 2013, Commission meeting, Commissioner Johnson was reappointed to this Board. Both Beth Eikenberry (management) and Debbie Bertling (employee) have expressed an interest in serving another term. G. PUBLIC HEARINGS - None H. FIRST READING OF ORDINANCES 14. First Reading of Ordinance for Arbours at Crown Point PUD — Rezoning to PUD /Land Use Plan. (Second Reading and Public Hearing scheduled for September 17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1 acres in size, and is currently vacant except for an abandoned agricultural structure. The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the eastern property line. Pedestrian access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located on the eastern property line subject to Orange County approval. The applicant is proposing to rezone the property from 1 -1 (Light Industrial) to Planned Unit Development (PUD) for the purpose of developing a mixed use community that combines 192 multi- family apartments with future light industrial uses. Access is proposed via an existing entrance off West Road. An internal road dedicated to the public will be provided in the PUD Land Use Plan. 15. First Reading of Proposed Ordinance Amending the City of Ocoee Municipal General Employees' Retirement Trust Fund. (second Reading and Public Hearing scheduled for September 17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (General Employees' Retirement Board Chairman Wagner) Attorney H. Lee Dehner outlines amendments which are required to be made to the General Employees' Trust Fund Ordinance to conform to Federal Internal Revenue Code changes. These changes are mandatory to ensure the Plan's tax qualified status. Additionally, there are some actuarial modifications proposed. None of these changes are anticipated to have any financial costs to the City. 41 ]'age Regular City Commission Meeting August 20, 2013 16. First Reading of Proposed Ordinances Amending the Police Officers' & Firefighters' Retirement Trust Fund. (Second Reading and Public Hearing scheduled for September 17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Officers' & Firefighters' Retirement Board Chairman Brown) a. Internal Revenue Code (IRC) Changes Amendment to the Police and Fire Pension Ordinance Section I, Definitions to amend the definitions of Credited Service, Section 4, finances and Fund Management, and Section 15, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. b. Collective Bargaining Agreements (CBA) Changes Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes: - Amending the definition of Salary to comply with the regulations set forth in Senate Bill 1128 regulating the calculation of overtime hours to 300 per calendar year, and unused paid time off at final compensation. - Increase the Members Contribution rate from 7.6% to 8.0 %, effective September 17, 2013. -City shall make quarterly contributions to the Fund in an amount equal to the required City contribution, as shown by applicable actuarial valuation of the system, but in any event, not less than 12% of the payroll of the bargaining members - Implementing a maximum accrued benefit cap equal to 91% of Average Final Compensation for all Members hired on after October 1, 2012. - Amending the DROP (Deferred Retirement Option Plan) provision for Members who enter DROP on or after October 1, 2012, to reduce the fixed interest accrual from 6.5% to 2.0% per year compounded monthly. 17. First Reading of Ordinance to Amend Chapter 54 of the Code of Ordinances of the City of Ocoee to Authorize the City Manager or his Designee to Assign Addresses to Properties and Improvements within the City Limits. (Second Reading and Public Hearing scheduled for September 17, 2013, Regular Commission Meeting at 7:15 p. in. or soon thereafter). (Support Services Director Butler) As currently enacted, Chapter 54 of the City Code designates the Building Official as the person with the responsibility to assign address numbers to principle structures (buildings) within the city limits. With the creation of the Support Services Department and other personnel changes, the city needs flexibility in assigning the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the current chapter to allow the City Manager to designate the person or organizational unit most suitable for the task, making appropriate changes in such designation as the situation warrants. In addition to providing flexibility in the assignment of the addressing responsibility, the proposed amendments clarify the ordinance to indicate that addresses may be assigned to separately identifiable parts of a single structure, such as in the case of a shopping center with multiple tenant spaces separated by fire walls, and to individual subdivision lots so as to better manage the development review and building permit processes. 18. First Reading of Ordinance to Amend Chapter 108 of the Code of Ordinances of the City of Ocoee to Authorize the City Manager or his Designee as the Enforcement Officer to Carry Out the Functions of Enforcing Minimum Standards for Residential and Commercial Properties within the City Limits. (Second Reading and Public Hearing scheduled for September 17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Support Services Director Butler) As currently enacted, Chapter 108 of the City Code designates the Building and Zoning Official as the person with the responsibility to enforce the Minimum Standards Codes of the City. With the creation 51Pagc Regular City Commission Meeting August 20, 2013 of the Support Services Department and other personnel changes, the city needs flexibility in assigning the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the current chapter to allow the City Manager to designate the person most suitable to serve as the Enforcement Officer, making appropriate changes in such designation as the situation warrants. Responsibilities that continue to be appropriate for the Building Official and /or the Code Enforcement Board, such as determining whether a structure should be condemned as being unfit for human occupation, remain assigned to those persons. In addition to providing flexibility in assigning the Enforcement Officer position, the proposed amendments modify the title of Building and Zoning Official to Building Official in order to correctly reference the scope of the position today, with zoning responsibilities being assigned to the Planning Division. The amendments also bring the language into line with the current edition of the Florida Building Code relative to the classification system for levels of alteration recognized in the Code. I. REGULAR AGENDA 19. Approval of West 50 Commercial Subdivision — Third Amendment to the Development Agreement. (City Planner Rumer) In May 2007, the City Commission approved an Annexation and Development Agreement with West 50 Properties. The Agreement provides for certain permitted uses, granted various waivers and allocated Traffic Mitigation Payments among the Lots. Section 8 of the Annexation and Development agreement specified permitted and prohibited uses of which veterinary hospitals and kennels are listed as a prohibited use. Lot 3 of West 50 properties is proposing an 11,000 square foot indoor kennel which will require an amendment to the prohibited uses specified in Section 8 of the Annexation and Development agreement. 20. Approval of Red Light Camera Hearing Officer Agreement and Resolution to Comply with the Mark Wandall Traffic Safety Act. (Assistant City Attorney Drage) During the recent session, the Florida Legislature passed and the Governor signed into law CS /CS /HB7125, now known as Chapter 2013 -160 Laws of Florida amending certain provisions of the Mark Wandall Traffic Safety Act. The City Commission recently amended the City Code of Ordinances to comply with the new statutory provisions. The City Commission also recently approved an amendment to the Agreement with the City's traffic light camera vendor, American Traffic Solutions, LLC. In order to comply with the new statutory provisions, the City is required to provide a Hearing Officer, a Clerk for the Hearing Officer and a facility for hearings to contest Notices of Violation issued for red light camera violations. 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. 6 1Page