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HomeMy WebLinkAbout08-19-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida August 19, 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 Proclamations — September 2014. (Mayor Vandergrift) ➢ September 11 as a Day of Prayer, Remembrance, and a Rededication to Patriotism ➢ National Assisted Living Week - September 7 th _ 13 th ➢ Diaper Need Awareness Week - September 8 1h _ 14 th ➢ Childhood Cancer Awareness Month - September 2014 C. COMMENTS FROM CITIZENS/PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA AL,L MATTERS LISTED UNDER TI IF 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 August 5, 2014. (City Clerk Eikenberry) 2. Reappointment of Fifth Trustee to the General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Board 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 to ratify the appointment as a ministerial act. At their meeting dated July 30, 2014, the Pension Board reappointed Robert Godek to serve as the fifth trustee for a four -year term to expire on September 30, 2018. At this time no other applications were received for serving on the board. Trustees of the General Employees' Pension Board respectfully request that the City Commission ratify the reappointment of Robert Godek to serve a four -year term as fifth trustee with a term ending September 30, 2018. 3. Appointment to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two -year terms. The Ordinance provides that the Community Grant Review Board membership shall consist of five (5) members. Currently, the board has four (4) members and there are no other applications on file for this board. Jane Rainer has expressed her interest in serving on the Community Grant Review Board. Regular City Commission August 19, 2014 One application was recently submitted for appointment to the Community Grant Review Board; therefore, staff recommends that the City Commission consider appointing Jane Rainer to the Community Grant Review Board with term ending March 2016. 4. Approval of the 2014 Edward Byrne Memorial Justice Assistant Grant (JAG) Program — JAG Countywide -State Solicitation Application 2015 -JAGC -2441. (Police Chief Brown) This year, $10,645.00 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 $342,874.00 allocated to them. The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will receive $10,645.00 to purchase fingerprint technology. The Orange County Sheriff's Office has been conducting fingerprint comparisons for the agency for many years. Due to an increase in their workload, they will no longer be able to provide this service to our agency. The fingerprint technology that will be purchased will allow our agency to compare prints from pawn documents and assist in capturing subjects that falsely pawn merchandise. 5. Approval of the First Amendment to the Hearing Officer Services Agreement. (Police Chief Brown) The City of Ocoee entered into a contract on August 20, 2013, for a Hearing Officer for the Ocoee Intersection Safety Program due to a new Florida Statutory provision. The contract is due to expire on August 20, 2014. The City is currently going through an RFP for a new Hearing Officer contract, and more time is required. This extension will expire October 1, 2014, and will allow the City to continue the scheduled hearings on August 21, 2014. 6. Approval of Extension of the Agreement with American Traffic Solutions, LLC Pertaining to the Red Light Running Camera Enforcement System. (Police Chief Brown) The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The disregard of traffic control signals within intersections poses a threat to all citizens who travel our roadways. The current contract with American Traffic Solutions (ATS) expires December 02, 2014. The City has an option, in its sole discretion, to further extend the term of this contract for an additional two (2) years. Accordingly, following execution of this Amendment the term of the Agreement shall expire and terminate on December 02, 2016. 7. Approval of Award of Bid #B14 -04 Asphalt Paving Projects for FY 2014. (Purchasing Agent Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2014 for approximately three (3) miles of roads within the Sawmill Subdivision (Lighterwood Court, Log Wagon Road, Lumberjack Lane, Sawdust Circle, and Timber Ridge Trail); Johio Shores Road; West Ohio Street; and the A.D. Mims Waste Water Treatment Plant railroad crossing, entrance drive and internal plant drives. The construction consists of an asphalt stabilized base course from a mixture of the existing bituminous concrete pavement and existing base course material. In addition, the contractor shall furnish and install asphalt pavement on the recycled road base. The bid was publicly advertised on June 15, 2014, and opened on July 15, 2014. There was a total of five (5) bids received ranging from $364,830.00 to $436,917.97. Staff recommends awarding the bid to Allstate Paving Inc. for $364,830.00 as the most responsive and responsible bidder, per the attached recommendation from Steve Krug, Public Works Director. Allstate Paving's bid is $55,170.00 lower than the budgeted amount of $420,000.00. 8. Certification of Non -Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2014/2015. (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 2 1Page Regular City Commission August 19, 2014 Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2014/2015 tax roll for Stormwater calculates revenue to be $2,764,721.43. This is a decrease of $512,292.69 from the current year mainly due to a correction and adjustment of impervious area attributed to the auto auction properties. Assessment fees remain the same as the previous year. 9. Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2014/2015. (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 2014/2015 tax roll for Solid Waste calculates revenue to be $2,987,728. This is based upon the residential Solid Waste fee which remains unchanged at $21 per month. This is an increase of $58,716 from the current year and is attributed to annexations and new homes. 10. Approval of Amended and Restated Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the North Side Reclaimed Water Main Extension Project. (City Engineer Wheeler) The North Side Reclaimed Water Main Extension project was awarded to Hazen Construction LLC at the April 16, 2013, City Commission meeting. The project was the extension of the 16 inch reclaimed pipeline along McCormick and Ocoee- Apopka Roads to provide reuse water to the Forest Brooke, Eagle's Landing, Westyn Bay, Vineyards, Fountains West, and Ocoee Crown Point developments. The route of the pipeline along Ocoee - Apopka Road becomes very congested in the area of the City of Winter Garden's effluent disposal property. Ocoee staff originally approached the Winter Garden staff about the placing our reuse pipeline across the Winter Garden effluent disposal portion of their property. That portion of the total property is that portion within the fence. The first Non - Exclusive Reuse Water Line Easement Agreement was drafted and approved prior to the start of the construction. The remainder of the Winter Garden property is outside the fence to the south. The Ocoee reuse pipeline was designed to go within the Ocoee- Apopka Road right -of -way in this area. However, upon exploratory investigation during construction it was determined that the Winter Garden effluent disposal main is also located in the ROW and would have required Ocoee to move its pipeline out under the pavement or to cross the road for approximately 900 linear feet. Both of these options would have added significant cost to the project. Ocoee staff asked Winter Garden about placing our pipeline within the remainder of the Winter Garden property. Winter Garden was amenable to the request. 11. Settlement Demand Letter, re: James Pittman. (City Attorney Cookson) In October 2013, James A. Pittman was issued a red light camera Notice of Violation for failure to turn right on red in a careful and prudent manner. Mr. Pittman requested a hearing to contest the citation. In February 2014, the City's Hearing Officer upheld the violation. Subsequently, Mr. Pittman began to visit City Hall, the Police Department and the City Attorney's office numerous times each week. During these visits, Mr. Pittman frequently became irate and confrontational. On April 16, 2014, after one such visit to the Police Department, Mr. Pittman was involved in a traffic accident and was issued a citation for careless driving. The following day, Mr. Pittman arrived on his own accord at the Police Department. Mr. Pittman met with several police officers in the lobby of the police department and just outside the front door. Mr. Pittman claims that he was unlawfully detained by the police during this encounter. Mr. Pittman subsequently hired an attorney and that attorney has threatened to sue the City. While no suit has been filed yet, Mr. Pittman, through his attorney, has made a pre -suit offer of settlement with the City paying to Pittman $10,000. The City Attorney's office conducted an investigation of the matter. The investigation included meeting with several of the officers involved and reviewing the video of Mr. Pittman's visit to the police station from the cameras inside the lobby and outside of the police station. Based on the investigation conducted by the City Attorney's office, it is our recommendation that the City not accept Mr. Pittman's pre -suit offer of settlement. 3 1Page Regular City Commission August 19, 2014 G. FIRST READING OF ORDINANCE 12. Westyn Bay Commercial — Rezoning to PUD. (Second Reading and public Hearing scheduled for September 16, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road. The parcel is identified as parcel number 06- 22 -28- 0000 -00 -067. The parcel is 20.85 acres. The Westyn Bay Commercial Planned Unit Development (PUD) is comprised of 44 single - family units and 6.59 acres of commercial and stormwater /open space. The subject property consists of vacant and undeveloped land. The Future Land Use designation for the subject site is "Commercial ". The rezoning to PUD is required to introduce the residential density. 13. Casa Mirella — Amendment to the PUD /Land Use Plan. (Second Reading and public Hearing scheduled for September 16, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on Lot 3 of Casa Mirella located on the west side of Maguire Road and south of Roberson Road. The parcel of land is approximately 2.7 acres. The subject property is zoned Planned Unit Development (PUD) and is located within the Belmere PUD. The Belmere PUD, which encompasses +/- 455 acres, was originally approved by the Orange County Board of County Commissioners on May 21, 1985, as the Lake Whitney PD. The northern portion of the PUD was set aside as Tract G which consisted of 177 acres that was labeled as `Future Development ". In 1995, the PD Land Use Plan (LUP) was amended to permit 708 dwelling units in Tract G. A subsequent non - substantial amendment in 1999 carved out Tract H from Tract G. Tract H is the property that is now owned by the Unicorp entities. The 1999 LUP delineates Tract H as (1) Commercial totaling 42,960 s.f. and 5 acres maximum (2) Multi- family totaling 180 units and (3) Adult Care living Facility (ACLF) or Adult Living Facility (ALF) totaling 130 units. The LUP also explains how the multi- family and ACLF or ALF units can be converted to single - family units. The LUP states that one multi- family unit is to be counted as equal to one single- family unit and seven (7) ACLF or ALF units are to be counted equal to one single- family unit. The property has retained the Orange County Citrus Rural land use designation because of previous vesting. To date, Tract H has been developed as Casa Mirella with 42,960 sq. ft. of commercial and 216 multi- family units. Lot 3 has been set aside for 85 ALF units. The applicant is proposing to convert the 85 ALF units to 12 residential units and add 48 more units to the PUD in order to construct 60 multi- family units. H. PUBLIC HEARINGS 14. Annual Rate Resolution for the Fiscal Year 2015 Fire Protection Assessment. (Advertised in the Orlando Sentinel on Sunday, August 10, 2014. Second Reading and Public Hearing scheduled for September 8, 2014, at 6 :00 p.m. or soon thereafter.) (Support Services Director Butler) Section 2.08 of the city's Fire Protection Assessment Ordinance, adopted as Ordinance No. 2013 -010 on August 6, 2013, established the process for determining the Fire Protection Assessment in each subsequent fiscal year. The initial action required was for the City Commission to publish its intent to adopt an Annual Fire Protection Assessment by considering a Preliminary Rate Resolution. Following adoption of the Preliminary Rate Resolution by the City Commission on May 20, staff produced an updated Assessment Roll and compared it to the roll created in the prior year for the FY 2014 assessment. Every parcel for which the new calculation produced a higher number of Net Fire Protection Units, typically due to new construction, annexation, or a change in use, resulted in a notice being sent to the property owner by first -class postage advising them of the new assessment. That notice also listed the City Commission meeting of August 19, 2014 as the date of the public hearing for them to make comments prior to any City Commission action on the Annual Rate Resolution for FY 2015. Other parcels for which the Hazard Class and Tier did not change are considered to still be covered by the notice mailed to the property owner in 2013, as the Maximum Assessment Rate is 4 1Pagc Regular City Commission August 19, 2014 unchanged from the one stated on that notice. A second public hearing will be held on September 8, 2014, at which time the City Commission will consider adoption of the Annual Rate Resolution. At the Maximum Assessment Rate of $69.50 and the estimated number of FPUs calculated using the currently available and preliminary data, the total revenue generated would be $1,993,661.07. 1. REGULAR AGENDA 15. Authorization to Expand the Use of FY 2015 Capital Funds Originally Allocated to Acquire Police Incident Reporting Software and to also Acquire Hardware Related to this Use. (Support Services Director Butler and Police Chief Brown) A police records management system typically consists of two parts, a computer -aided dispatch component that communicates emergency call information and incident management reporting software that is used to document emergency calls. The city learned in 2013 that its current CAD and incident report data service provider, the City of Apopka, was moving to a new records management system and may no longer be the optimal supplier of these services. Apopka's plan to replace its software put Ocoee in the position of deciding whether to make the same change or go with a different solution. After an extensive review, staff decided to go with a different provider, so the Ocoee Police Department received an allocation of $90,000 for Fiscal Year 2014 to acquire Cafd incident reporting software and CAD services from the Seminole County Sheriff's Office as part of a move to better integration of police incident reporting and access to police report data. The new system was to have been implemented through a service agreement with Seminole County by the end of Fiscal Year 2014, which coincides with the end date for the existing Apopka service agreement. However, two events impacted the ability to move forward with this original plan. It was determined that Seminole County would not be able to expand their operations to include the City of Ocoee; the Windows XP operating system came to the end of its life and the Florida Department of Law Enforcement (FDLE) issued a directive that continued operation of Windows XP computing resources by law enforcement agencies constituted a security risk. The Police Department has 30 such devices for which immediate replacement is required. The cost of replacing these computers was not anticipated when the Fiscal Year 2014 Budget was developed. That budget includes funding only to replace police computers that fail. A final decision as to how to meet the needs for CAD services and incident reporting has not been made; however, a review of the market indicates that the cost of related software would be on the order of $190,000 for acquisition, which includes training of Ocoee staff, installation of the software, and conversion /transfer of existing data to the new system. Ocoee would also be responsible for the incremental increase in cost for the service provider to extend their operations to include Ocoee. Given the time required to implement this option, it is likely that the transition from Apopka to another service provider or to the new Apopka software will not occur until at least March 2015. This means Ocoee will need to extend the Apopka contract to cover at least a portion of FY 2015. 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. 5 1Page