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HomeMy WebLinkAbout07-15-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida July 15, 2014 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Presentation of Appreciation Award to Beth Otts with Chic -Fil -A by the Ocoee Police Department. C. COMMENTS FROM CITIZENS /PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALI, 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. t. Approvai of tvlmutes for the Regular Commission Meeting Held July 15, 2014. (City Clerk Eikenberry) 2. Approval of Code Enforcement Board; Changes in Membership Status for two (2) Members and Appointment of New Alternate Member. (City Clerk Eikenberry) The Code Enforcement Board (CEB) 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. At their regular meeting on June 24, 2014, the CEB unanimously moved to recommend that regular member Carol Amey be moved to the alternate member position, and that Michael Hopper be moved to the regular member position on the Board. Additionally, member Ty Fischer (District 4) resigned from the board leaving a vacant alternate member position. There is currently one (1) application on file for this board from Ocoee resident Robert Minarcin. 3. Approval of Traffic Enforcement Agreement for Casa Mirella. (Police Chief Brown) A traffic enforcement agreement is required by Florida State Statues 316.006(2) in order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the subdivision. Casa Mirella is requesting such an agreement. The term of this agreement shall be two (2) years from the effective date and will automatically renew for an additional two (2) year period unless terminated by either party with 60 days written notice. Regular City Commission July 15, 2014 4. Approval of State Traffic Signal Maintenance and Compensation Agreement and Resolution, Phase I. (Public Works Director Krug) The FDOT has been working with local maintaining agencies to update the State's Traffic Signal Maintenance and Compensation Agreement. The old agreement, last executed by the City in 2002, failed to fully identify the maintaining agency's responsibilities as they pertain to current systems in operation throughout the State such as mast arms, digital monitoring and pedestrian controls. Public Works has actively participated in the update process to ensure Ocoee is not burdened with increased maintenance costs. The City's current contracted proactive maintenance program exceeds the minimum State proposed standards and ensures proper operation of all signals throughout Ocoee. The updated agreement is Phase I of the process and will be in effect for the 2014 /15 fiscal year. Public Works will continue to work with the FDOT on the Phase II update to be brought back for approval in 2015. This agreement provides for funding from FDOT to the City to help defray the costs of traffic signal operation and maintenance on several State highways within Ocoee's corporate limits. The work order under this Agreement will provide Ocoee with an annual payment of $20,453.00 for the 2014 -2015 fiscal year. The $20,453.00 represents a 6% increase over the current FDOT signalization supplement. 5. Approval of In -Line Storm Drain Pipe Repairs with Layne Inliner. (Public Works Director Krug) The Stormwater Division budget incorporates funds to upgrade the aging portions of the City's storm drain pipes. When pipe failures occur, the Stormwater Team evaluates the best method to diligently restore the pipe. Recently in District 1, two (2) locations have experienced pipe failure, at 704 Spring Lake Circle and 1017 Caballero Court, where the existing corrugated metal pipe (CMP) has developed large leaks from long -term corrosion. Public Works contacted several specialty contractors who install various proprietary systems. Only two firms, American In -Line and Layne Inliner, were able to respond due to other contractors not carrying a product that would line the large diameter pipe sizes we required. After field meetings with the two providers, Layne Inliner was determined to provide the least invasive process for the lowest cost. Additionally, Layne Inliner's resin based process eliminated the hazardous byproduct disposal created by the other vendor's epoxy based process. By combining the two locations into a single project, Layne Inliner reduced their mobilization costs to the City, further improving the cost benefit to the City. Public Works recommends forgoing the open bidding process to award and expedite this work at the proposed $44,680.00. 6. Approval of Resolution to Dedicate a Portion of the A.D. Mims Wastewater Treatment Facility Property to Public Right -of -Way to Provide Public Access to the Spring Lake Elementary School. (City Engineer Wheeler) Sixteen years ago, OCPS constructed a bus access drive into the school property from the north off of Sarah Lee Lane. The bus access was not used for long because of the size of the OCPS buses and their inability to make the circle without climbing the curb and potentially hitting the nearby portable classrooms. This access point was never dedicated to the public benefit as Public Right -of -Way. With the new Spring Lake Elementary School set to open on August 18th of this year, OCPS has requested that the new access into the school be on a public road. Therefore, staff has secured a legal description of the portion of the A.D. Mims Wastewater Treatment Facility property that will become public benefit land as the extension of Sarah Lee Lane. Public Works had the fence relocated to accommodate the new sidewalk for the children that will be walking to the school from the north. OCPS has provided for 120 vehicles to queue on the school property for the afternoon pick up of the students. This is actually more spaces than they have counted as an average over the past few years. 21Pagc Regular City Commission July 15, 2014 7. Approval of Declaration of Surplus Property. (Purchasing Agent Tolbert) Staff used Gideon Auctioneers for previous surplus sales. Staff requests the approval of the City Commission to contract George Gideon Auctioneers, Inc. for the public sale of the City's surplus property. This action will present the City with the opportunity of a larger coverage area and would alleviate the overtime costs incurred in conducting the auction in- house. The City has had good results in the past with Gideon, and found the dollar amount received for items sold by Gideon to be comparable to those sold by the City or EBay. Gideon performs governmental auctions the third Saturday of each month; therefore, the next available auction will be held on August 16, 2014, at 9:00 a.m. The auction will be advertised in the Orlando Sentinel, the West Orange Times, and the City's Internet site. 8. Approval of Interlocal Cooperation Agreement with Orange County for Community Development Programs Under the Urban County Program. (Assistant City Manager Shadrix) The Housing and Community Development Act of 1974 makes provisions whereby urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grants. This agreement covers three programs: the Community Development Block Grant, HOME Investment Partnership Program (HOME), and the Emergency Solutions Grant Program (ESG) for the benefit of residents of Orange County. G. PUBLIC HEARINGS - None H. REGULAR AGENDA 9. Approval for Renaming and Renumbering Streets so Maguire Road is Continuous North to Franklin Street. (Support Services Director Butler) Orange County 9 -1 -1 advised the city in 2013 that the Maguire Road Extension name must be eliminated, as it conflicts with street naming rules that preclude the use of the same root name for multiple streets. The agency is also concerned about the city's posted street name signs differing from the actual property addresses being used. City staff worked with the agency to develop a plan for officially transitioning the city's addressing system to use of Maguire Road as the name for the entire length of this street, from the southern city limits near Gotha and Windermere to the Franklin Street intersection, where the Ocoee - Apopka Road name begins. In order for the address numbers to be logically continuous on the segment north of SR 50, re- addressing 19 properties will be required. 10. Code Enforcement Reduction of Fine /Lien for Bank of America & Federal Home Loan Mortgage Corp. re: 2532 Grand Poplar Street. (Support Services Director Butler) This property was cited on December 12, 2011, by Officer Edward Loeffler as a public nuisance and an attractive nuisance entailing an unsecured open structure with evidence of unauthorized and juvenile ingress /egress. Broken window glass, tall weeds and grass and tree limbs blocking the sidewalk were also observed. On January 24, 2012, the Code Enforcement Board issued an order to comply by February 17, 2012, or be fined $250.00 per day per violation. On February 29, 2012, the Code Enforcement Board imposed fine and lien for non- compliance. The property was found in compliance on October 29, 2012, and the property is currently being maintained. A representative for Bank of America and Federal Home Loan Mortgage Corporation, the owners following foreclosure proceedings, appeared before the Code Enforcement Board on June 24, 2014, and requested the fine /lien amount of $127,000.00 be reduced to the city's cost of $795.83. The Code Enforcement Board is recommending the fine /lien be reduced to $3,545.83. This was based on the city's cost of $795.83, plus an additional $2,750.00 for the negative impact on the neighborhood and the city. The discussion by the board to reduce the amount was based on testimony and answers from the owner's representative and city staff. 3 1Page Regular City Commission July 15, 2014 11. Code Enforcement Reduction of Two Fines/Liens for Merary Ramos, Jennifer Williams, and Lester Christy re: 1103 Caballero Rd. (Support Services Director Butler) The property located at 1103 Caballero Rd. has two separate fines /liens from separate code enforcement actions; they are being presented as a single agenda item so the property owner can be provided a single solution. Case 12 -123 The property was cited on June 19, 2012, by Officer Robert Siegrist for miscellaneous junk and debris, fence in poor condition, and people living in the house without water. On August 28, 2012, the Code Enforcement Board issued an order to comply by September 12, 2012, or be fined $100.00 per day per violation. On October 1, 2012, the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 115-3. On October 31, 2012, the property was found to be in full compliance. The new property owners, William and Lisa Hannon, purchased the property in early June of 2014, and they stated that when they bought the property, it was already in compliance. The property is currently being maintained. Case 13 -067 The property was cited as a repeat violation on June 17, 2013, by Officer Robert Siegrist for miscellaneous trash and debris. On June 23, 2013, the Code Enforcement Board issued an order to comply immediately or be fined $125.00 per day. On July 31, 2013, the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 115 -3. The property was found to be in compliance of l 15 -3 on May 7, 2014. The new property owners, William and Lisa Hannon, stated that when they bought the property it was already in compliance. William Hannon, the new property owner, appeared before the Code Enforcement Board on June 24, 2014, and requested a reduction of the fine /lien amount of $15,000.00 for Case No. 12 -123 and $40,625.00 for Case No. 13 -067. Both liens were foreclosed, but the City's cost remains, as these are special assessment liens. The Code Enforcement Board recommends the fine /lien be reduced to $2,989.10 for Case 12 -123 and to $3,736.14 for Case 13 -067, which is the cost plus penalty to the City for the enforcement actions. The decision by the Board to reduce the amount was based on testimony and answers from Jack Coughlin and City staff. 12. Code Enforcement Reduction of Fine /Lien for Saxon Mortgage Services Inc. re: 6825 Cross Cut Ct. (Support Services Director Butler) This property was cited on May 6, 2013, by Officer Edward Loeffler as a public nuisance with tall weeds and grass and unsanitary swimming pool water. On June 25, 2013, the Code Enforcement Board issued an order to comply by July 8, 2013, or be fined $100.00 per day per violation. On July 23, 2013, the Code Enforcement Board imposed fine and lien for non - compliance. The property was routinely checked and remained in violation. The property was found in compliance on March 19, 2014, and the property is currently being maintained. A representative for the owners, following foreclosure proceedings, appeared before the Code Enforcement Board on June 24, 2014, and requested the fine /lien amount of $50,600.00 be reduced to the city's cost of $685.00. The Code Enforcement Board is recommending the fine /lien be reduced to $3,685.00. This was based on the city's cost of $685.00, plus an additional $3,000.00 for the negative impact on the neighborhood and the city. The discussion by the board to reduce the amount was based on testimony and answers from the owner's representative and city staff. 13. Set the Proposed Tentative Millage Rate for Fiscal Year 2014/2015 Budget. (Finance Director Horton) 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. The rate can be lowered during the budget hearings in September and has historically been done so by the City. The proposed budget is currently balanced at 5.7855 mils which is the same as the current year rate. This rate is higher than the rolled back rate for FY 14/15. 41Page Regular City Commission July 15, 2014 14. Set Workshop and Hearing Dates for Fiscal Year 2014/2015 Budget Process. (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 the opportunity for their comments. Workshops and hearings will begin at 6:00 p.m. Staff recommends the commission select two of the following dates for the August workshops: August 11, 13, 21 Staff recommends the commission select one of the following combinations for the public hearings: September 8th and 17th September l Oth and 29th September 15 and 29 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. 5 1Page