HomeMy WebLinkAbout09-16-14 AgendaOCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
September 16, 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)
International Day of Peace— September 21
➢ Hispanic Heritage Day — Fiesta De Colores Celebration — September 27
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 13E
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF T111" 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 19,
2014. (City Clerk Eikenberry)
2. Reappointment to the General Employees' Pension Board of Trustees. (City
Clerk Eikenberry)
Trustee Patricia Gleason is a Commission Appointed Trustee, and her term is set to expire September
30, 2014. Trustee Gleason has indicated she is willing to serve another term if appointed. From 2013-
2014, Trustee Gleason has attended seven (7) of eight (8) meetings. At this time no other applications
were received for serving on this board.
3. Authorization to Conduct a Community Market on a Permanent Basis in
Conjunction with the Food Truck Friday Event & Movie in the Park Event.
(Parks and Recreation Director Hayes)
The City Commission previously approved at its April 15, 2014, meeting the conducting of a
Community Market on a three (3) month trial basis. The Parks and Recreation Department is
requesting authorization to continue with the Community Market on a permanent basis, in conjunction
with its Food Truck Friday event and Movie in the Park event, on the third Friday of every month. The
purpose of the market it to provide entrepreneurial opportunities to local artists and craftsmen, promote
a greater sense of community by allowing local artist to sell directly to the public, and to encourage
and promote the production of quality, handmade arts and crafts. The focus of the market will be on
providing handmade goods and products for the home; the market will not include the sale of produce
or food items.
The Parks and Recreation Department will continue to work with a third party, Create Orlando, to
manage the market. The market manager will be responsible for the planning and promoting of the
market, recruiting vendors, handling all vendor related matters, and day -of coordination. The City will
receive a percentage (20 %) of the fees that are collected by the market manager from the vendors
participating in the market.
Regular City Commission Meeting
September 16, 2014
4. Approval of Interlocal Agreement for Fire Dispatch Services. (Interim Fire
Chief Hoover)
The agreement is a renewal of the current agreement for fire dispatch services between Orange County
Dispatch and the Ocoee Fire Department. This is a five -year agreement for the provision of dispatch
services, commencing with the start of fiscal year on October 1, 2014, and terminating with the
completion of the fiscal year ending September 30, 2019. The services to be provided through this
agreement include the answering of 911 calls from the City of Ocoee or third party for fire and
emergency medical services, provide dispatch alerting to the City of Ocoee fire department utilizing
the County fire station alerting system, allowing the City of Ocoee to utilize the County Mobile Data
Computer and Automatic Vehicle Location systems, and provide monthly data exports of all City of
Ocoee fire units.
5. Approval of Intent to Annex for Water Service for Grady and Joyce Smith at
226 11th Avenue. (City Engineer Wheeler)
Mr. and Mrs. Smith own the property which is located at 226 1 lth Avenue and have approached the
City for utility service. The property was platted as a part of the North Ocoee Addition No. 2
subdivision and has three single family residences on the property — the old homestead which is
unoccupied, a single wide trailer in the rear of the lot, and the Smith's house. The Smiths are only
connecting their house and leaving the other two residences on the well. The property is currently
within unincorporated Orange County and is not contiguous to the City Limits. However the property
is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. Sanitary
sewer service from the City is not available at this time; therefore, this is just an Intent to Annex for
water service.
6. Approval of Floral Street Improvements. (Public Works Director Krug)
Public Works had identified Floral Street for curb line reconstruction to improve the flow of storm
water draining to the existing curb inlets and also for installation of a sidewalk to improve the
pedestrian access throughout the city center. The Public Works Team determined combining these two
improvements into a single project reduces the total construction time and associated costs while
accomplishing the improvements.
Public Works solicited pricing from the contractors on the City's Small Construction Projects Term
Contract. Four (4) contractors responded with the low bid below the Engineer's estimate. Public
Works recommends awarding the project to the low bidder, Schuller Contractors, Inc., in the amount
of $25,560.00. The project has a forty five (45) calendar day duration and is funded under the
Stormwater Division's Miscellaneous Small Projects and Streets Divisions Capital Sidewalk
Improvements.
7. Approval of Stormwater Utility Fees Credit Agreement. (Public Works Director
Krug)
Public Works conducted an audit of Stormwater fees on commercial properties through an independent
consultant, Singhofen & Associates, Inc. (SAI), earlier this year. While the majority of properties were
found to be correctly assessed, the Manheim Remarketing, LP. (Manheim) properties, commonly
known as the "auto auction ", were over assessed. A 2007 audit discovered this disparity, however
changes in staffing left the assessment uncorrected. The City reimbursed the overage amounts for the
current fiscal year directly to Manheim through the County Tax Assessors office. The remainder of
the correction will be credited over a span of three (3) years in accordance with the credit agreement.
The adjustment is incorporated into the Stormwater revenues for the next fiscal year. Public Works
recommends approval of the agreement.
8. Approval of Budget Adjustment for Vehicle Parts and Repairs. (Public Works
Director Krug)
Public Work's Fleet Division has experienced an excessive amount of general fund vehicle repairs in
the current fiscal year which has strained the parts account line. The City entered into a contract with
NAPA to operate the Fleet parts department which has allowed the City to enjoy considerable savings
on parts ranging from 25% to 50% as the Fleet Team performs many of the major repairs in- house.
However, during this fiscal year, several early model vehicles covered under the General Fund have
required major engine and transmission rebuilding. The budget anticipates five (5) major engine or
transmission rebuilds annually, however we have experienced major failures requiring either engine or
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Regular City Commission Meeting
September 16, 2014
transmission rebuilding in twenty one (21) vehicles. Nine (9) of the transmission repairs required
outside vendor services. The excessive costs can be attributed in part to the twenty one (21) marked
Police units that are over ten (10) years old and with more than 100,000 miles on the odometer and the
increasing age of the Fire apparatus.
Due to the extensive failures of multiple vehicles this year across all Departments, the Fleet Division
parts account line requires a budget adjustment to complete the fiscal year. The adjustments will be
transferred from the Police Department, Fire Department and Divisions within the Public Works
Department.
9. Approval of Award of RFQ #1403 Hearing Officer Services. (Purchasing Agent
Tolbert)
The City's contract for Hearing Officer Services with Frederick H. Wilsen, Jr. Esq. will expire on
October 1, 2014. The City solicited statements of qualifications from qualified attorneys that are
interested in providing Hearing Officer Services to hear appeals and render decisions related to red
light traffic violations administered through the City's Traffic Light Safety program. The Respondent
shall be a member in good standing of the Florida Bar.
The public RFQ Evaluation Committee meeting was held on August 20, 2014, with the Evaluation
Committee evaluating and short - listing the firms on specific evaluation criteria. Members of the
Evaluation Committee discussed whether Gray Robinson could hold dual office as a Special
Magistrate for the City of Deland and Hearing Officer for the City of Ocoee. The City Attorney
discussed this issue with Mr. Chipok of Gray Robinson, and he withdrew his application for
consideration as Hearing Officer. The evaluation committee short- listed the firms in ranked order, and
recommends contracting with the top ranked firm, Shepard, Smith & Cassady P.A., per the award
recommendation from the Police Chief.
10. Approval of Renewal of Radio Services Agreement with Motorola, Inc. (Police
Chief Brown)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase
of the Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with
Orange County's radio system. Also purchased with the radio system was a service maintenance
agreement. The agreement is required for equipment that is no longer under factory warranty.
Included in the agreement is all covered radio equipment currently owned by the City of Ocoee with
the exception of the radio equipment purchased by the City for the fire department. The proposed
agreement takes effect October 1, 2014, and runs through September 30, 2015. The cost of the service
agreement for the next 12 months is $18,745.80 (payable in monthly payments of $1562.15).
11. Approval of Partnership for Success Grant with the Orange County Drug Free
Office. (Police Chief Brown)
The Orange County Drug Free Office has awarded the City of Ocoee Police Department a grant in the
amount of $17,220.00 (fixed price agreement) to be used for underage drinking compliance checks
with the local businesses in our jurisdiction and to conduct DUI enforcement saturation patrols. This is
a great partnership grant opportunity for the City of Ocoee Police Department to continue our efforts
on education and enforcement of not only Underage Drinking but Drinking and Driving as well.
12. Authorization to Transfer Budget Between Accounts in Order to Implement
Needed Information Technology and Equipment Purchases. (Support Services
Director Butler)
Due to the difficulty of finding suitable candidates for technically challenging vacant positions and
management actions that reduced labor costs, the Support Services Department presently has sufficient
budget in its Regular Salaries account for three months with only one month left in the fiscal year.
This surplus coincides with a shortage in funding for information technology acquisitions related to
improving our data retention and recovery capabilities and other aspects of the city's computer
operations. In addition, there is a growing need to address the neglected public access infrastructure in
the Commission chambers, particularly the audiovisual installation.
The Support Services Department seeks City Commission authority to transfer $60,500 from Regular
Salaries (Account No. 001- 518 -00 -1200) to various other accounts in General Government (Cost
Center 516), Support Services (Cost Center 51 8), and elsewhere.
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Regular City Commission Meeting
September 16, 2014
G. SECOND READING OF ORDINANCE - PUBLIC HEARING
13. Westyn Bay Commercial — Rezoning to PUD. (Postponed indefinitely). (City Planner
Rumer)
14. Casa Mirella — Amendment to the PUD /Land Use Plan. (Advertised in the Orlando
Sentinel on Thursday, September 4, 2014). (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.£ 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
15. Roger Freeman (Unaddressed S. Lakeshore Drive) Variance. (Advertised in the West
Orange Times on Thursday, September 4, 2014). (City Planner Rumer)
The applicant, C. Roger Freeman, is requesting approval for three variances for a proposed single -
family dwelling unit: i) side- street setback variance from 30 feet to 15 feet on Magnolia Street, ii) rear
yard setback variance from 35 feet to 25 feet, and iii) lot width variance from 85 feet to 80 feet.
The subject property is located on Lot 17 and half of Lot 16 of the Marion Park plat. The parcel has
been in its final configuration since 1966. The parcel is vacant.
The proposed variance request by C. Roger Freeman was reviewed at a Public Hearing by the Board of
Adjustment on August 28, 2014. The Board of Adjustment voted 4 -0 to recommend approval of the
variance request. Based on the recommendation of the Board of Adjustment and the evidence provided
in the staff report, staff does find the variance requested by C. Roger Freeman supportable.
16. Newlon (304 Log Run Court) Variance. (Advertised in the West Orange Times on Thursday,
September 4, 2014). (City Planner Rumer)
The applicant, James Newlon, is requesting approval for a rear yard setback from 25 feet to 17 feet for
a proposed additional living space. According to the survey, the addition will be at least 20 feet away
from the property to the west and 7 feet away from the 10 ft. drainage easement located at the rear of
the property. There isn't any residential development behind the property.
The subject property is located on Lot 117 of the Forest Oaks Unit 1 plat.
The proposed variance request by James Newlon was reviewed at a public hearing by the Board of
Adjustment on August 28, 2014. A brief discussion on the proposed development potential of the
vacant acreage adjacent to the rear yard was discussed. After the brief deliberations, the Board of
Adjustment voted 4 -0 to recommend approval of the variance request. Based on the recommendation
of the Board of Adjustment and the evidence provided in the staff report, staff does find the variance
requested by James Newlon supportable.
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Regular City Commission Meeting
September 16, 2014
I. REGULAR AGENDA
17. Community Grant Program — July 2014 Cycle. (Community Relations Manager
Wright)
The Community Grant Review Board (CGRB) met on August 13, 2014, to discuss the 19 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.
There is $6,000 allotted for this cycle of the Community Grant Program. There is $9,500 requested
from the 19 organizations.
The Community Grant Review Board recommended funding 13 organizations in the total amount of
$6,000. The CGRB recommended the following six organizations do not receive grant funding:
Cystic Fibrosis Foundation; Ocoee Cardinals Baseball Club; Ocoee High School Athletic Department;
Ocoee Future Farmers of America Boosters; Ocoee Elementary School Clean Up Club and Winter
Garden Heritage Foundation.
18. Reappointment or Appointment of Trustee to the Police Officers' and
Firefighters' Retirement Trust Fund and Board of Trustees. (City Clerk
Eikenberry)
William Maxwell is a Commission Appointed Trustee, and his term is set to expire September 30,
2014. Mr. Maxwell has indicated he is willing to serve another term if appointed. From 2013 -2014,
Trustee Maxwell has attended six (6) of nine (9) meetings. However, there is currently one application
on file from Bryan Pace who is interested in serving for this board.
19. Business Rules Change with American Traffic Solutions (ATS) in Reference to
Right Turn on Red Enforcement. (Police Chief Brown)
During the August 19, 2014, Commission meeting the Commission gave direction to negotiate with
American Traffic Solutions (ATS) the possibility of removing the enforcement of right hand turns on
red. The enforcement of violations is a business rule within the contract and does not need
negotiations; the City only needs to change the business rule and notify ATS of the change. The Ocoee
Intersection Safety Program has been very successful in changing driving behavior and removing right
turn on red enforcement will significantly hinder the programs efforts to decrease crashes in the City of
Ocoee.
If the Commission removes right hand turn violations it would affect the City's Budget by
approximately $800,000 of which monies would have to be found by another source. The removal of
right turn on red from the program would leave the program no longer viable due to the monthly
expenses.
20. Consideration of an Offer to Sell Property Located at 35 W. Geneva St. and 669
S. Cumberland Ave. by Roy and Victoria Sanders. (Support Services Director
Butler)
Property owned by Roy & Victoria Sanders at 35 West Geneva Street (Parcel No. 17-22-28- 6144 -04-
193, 13,271 SF) and 669 South Cumberland Avenue (Parcel No. 17- 22 -28- 6144 -04 -172, 14,299 SF) is
adjacent to city-owned property. The total size of the subject property is 27,570 SF, or about two -
thirds of an acre. Mr. & Mrs. Sanders have made an unsolicited offer to sell both parcels to the city for
the amount of $187,900.00. Along with their offer, which was conveyed on a standard residential
contract for sale and purchase, they provided an October 14, 2013, fee appraisal noting the market
value of the property as being $84,000.00. According to that appraisal, the property improvements
include two residential structures and a carport. Describing the smaller house (984 SF), the appraisal
says, "The improvements ... are in very poor condition, likely uninhabitable, and are recommended for
demolition." The larger home (1,344 SF) is in better condition, "is currently occupied, of wood -frame
construction, and in average condition for its age and likely has some remaining economic life." A
portion of this structure is on city -owned land.
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Regular City Commission Meeting
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Staff has not identified any immediate use for the property and makes no recommendation regarding
this proposal; however, given the presence of part of the larger structure being located on city -owned
property, it would be difficult for the Sanders to provide clear title to any other purchaser.
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.
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