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HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting Held September 16, 2014MINUTES September 16, 2014, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Mayor Vandergrift called for a moment of silence. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson (absent), and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Proclamation - Hispanic Heritalle Day — Fiesta De Colores Celebration — September 27 Commissioner Keller read the proclamation which Mayor Vandergrift proclaimed September 21" as Hispanic Heritage Day — Fiesta De Colores Celebration. Proclamations - International Day of Peace — September 21 Mayor Vandergrift proclaimed September 21 as International Day of Peace. The proclamation was presented to Christopher Daniels, Principal from Thornebrook Elementary. Mr. Daniels thanked the Mayor and Council for their support and announced Thursday, September 18 the art work of pinwheels will be on display at the school. People are welcome to stop by to see the display but for security reasons will have to stay outside the school. C. COMMENTS FROM CITIZENS /PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) Said there is a substitute staff report for item #12 which is on the consent agenda. 2) There are also two Emergency Items for them to consider tonight: Emergency Item #1 - Contract with SB Ocoee FDS, LLC to install a Sanitary Sewer Lift Station and a Portion of the Downtown Western Force Main Project as Part of the' Family Dollar Project. (City Engineer Wheeler) City Engineer Wheeler advised that this staff report includes both the installation of a sanitary sewer lift station and installation of a force main onto the Dollar Family property to the A.D. Mims WWTF. This approval would be the beginning of the backbone of the Downtown Western Force Main Project. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve the Contract with SB Ocoee FDS, LLC to install a Sanitary Sewer Lift Station and a Portion of the Downtown — Western Force Main Project as Part of the Family Dollar Project per staff's recommendation. Motion carried 5 -0. Emergency Item #2 - Motor Fuels - Transport Load Deliveries. (Public Works Director Krug) Public Works Director Krug advised the contract for providing the bulk transport load deliveries has been rebid and renewed. This change in contracts requires Commission approval Regular City Commission Meeting September 16, 2014 per the Purchasing Codes within the fiscal year which the new contract is utilized, necessitating this request as an Emergency Item. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the purchase of petroleum products through the Orange County Term Contract No Y14- 1022A, Motor Fuels — Transport Load Deliveries with Petroleum Traders Corp per staff's recommendation. Motion carried 5 -0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Grogan — None Commissioner Wilsen — announced the Final Budget Public Hearing is tomorrow, September 17 at 6:00 p.m. Commissioner Johnson — None Commissioner Keller — None Mayor Vandergrift — announced the Fiesta De Colores Festival is September 27` F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 and #8, #10, #11 with Item #9 and #12 being pulled for separate consideration. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held August 19, 2014. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 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. Approved on Consent. Motion carried 5 -0. 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 21Page Regular City Commission Meeting September 16, 2014 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. Approved on Consent. Motion carried 5 -0. 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. Approved on Consent. Motion carried 5 -0. 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. Approved on Consent. Motion carried 5 -0. 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. Approved on Consent. Motion carried 5 -0. 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 31t>age Regular City Commission Meeting September 16, 2014 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. Approved on Consent. Motion carried 5 -0. 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 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. Approved on Consent. Motion carried 5 -0. 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. This item was pulled,for separate consideration. Commissioner Wilsen announced that she had a conflict of interest with this item and would be abstaining from voting. Commissioner Keller, seconded by Commissioner Grogan, moved for approval of Award of RFQ #1403 Hearing Officer Services to Shepard, Smith & Cassady P.A., per staff's recommendation. Motion carried 4 -0 with Commissioner Wilsen abstaining. 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 41 Page Regular City Commission Meeting September 16, 2014 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). Approved on Consent. Motion carried 5 -0. 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. Approved on Consent. Motion carried 5 -0. 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 518), and elsewhere. This item was pulled for separate consideration. Commissioner Johnson inquired about the refrigerator. Support Services Director Butler explained that the refrigerator has been fixed and will not have to be replaced, which is why he wanted this item pulled from consent. Commissioner Johnson further inquired if the IT position was put out to bid. A brief discussion ensued regarding the recruitment of IT personnel. Commissioner Johnson, seconded by Commissioner Keller, moved to approve the Transfer of Budget between Accounts in Order to Implement Needed Information Technology and Equipment Purchases per staff's recommendation Motion carried 5 -0. G. SECOND READING OF ORDINANCE - PUBLIC HEARING 13. Westyn Bay Commercial — Rezoning to PUD. (Postponed indefinitely). (City, Planner Rumer) City Attorney Cookson announced this item is postponed indefinitely and City Planner Rumer will advertise this project when it is to come back before the Commission. 5 1Pagc Regular City Commission Meeting September 16, 2014 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.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. This item was heard out of agenda order after Item #17. City Planner Rumer said this is a substantial amendment to the PUD zoning and PUD Land Use Plan. The property is located on the west side of Maguire Road and south of Roberson Road. The property currently consists of 42,960 sq. ft. of commercial and 216 multi - family 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. City Attorney Cookson read the title of the ordinance. The public hearing was opened. Chuck Whittall, applicant, explained the proposed changes which will also include a dog park that can be used by neighboring subdivisions. The public hearing was closed. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve Casa Mirella — Amendment to the PUD /Land Use Plan per staff s recommendation. Motion carried 5 -0. 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. 61Page Regular City Commission Meeting September 16, 2014 City Planner Rumer explained 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 parcel has been in its final configuration since 1966 and is vacant. 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. Commissioner Wilsen inquired if there were any neighboring residents at the variance meeting. City Planner Rumer advised there were none present. Commissioner Wilsen advised she met with Mr. Freeman at the property and the neighbors that had stopped by did not seem to have a problem with the variance. Mayor Vandergrift inquired if any provisions have been made to sewer that property in the future. City Planner Rumer advised the building permit at this time would request septic and at such time when the City runs sewer in that area then they can connect. The public hearing was opened. As no one wished to speak the public hearing was closed. Mayor Vandergrift expressed some concerns about the lake and the drainage from downtown going to the lake. He further would like staff to keep in mind an installation of a swale to help stop pollution from going into the lake. Commissioner Grogan, seconded by Commissioner Wilsen, moved to approve the Roger Freeman Variance per staff's recommendation. Motion carried 5 -0. 16. Newlon (304 Log Run Court) Variance. (Advertised in the West Orange Times on Thursday, September 4, 2014). (City Planner Rumer) The applicant, James Newton, 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. City Planner Rumer explained the applicant is requesting approval for a rear yard setback from 25 feet to 17 feet for a proposed additional living space. The property is located at 304 Log Run Court. There is no residential development behind the property. 7 1Pagc Regular City Commission Meeting September 16, 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 James Newlon supportable. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Newlon Variance per staff's recommendation. Motion carried 5 -0 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. This item was heard out of agenda order after Item 919. Community Relations Manager Wright advised the Community Grant Review Board (CGRB) met on August 13, 2014, to discuss the 19 applications received for the Community Grant Program. 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 community grants and staff respectfully request the Commission to follow their recommendation. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve the Community Grant Program funding as recommended by staff, excluding the Christian Service Center (item #5). Discussion ensued regarding several organizations that have repeatedly been granted funds through the program. Commissioner Johnson commented that he feels the CMA and MVP program criteria need to be adjusted. Without objection, it was told to Commissioner Johnson that he can meet with the volunteer boards and present back to the Commission options that the board feels are a good idea. After discussion the motion carried 5 -0. Commissioner Wilsen announced that she had a conflict of interest with this item and would be abstaining from voting. Commissioner Grogan, seconded by Commissioner Keller, moved to approve funding as recommended by staff to the Christian Service Center. Motion carried 4 -0 with Commissioner Wilsen abstaining. 8 1Page Regular City Commission Meeting September 16, 2014 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. City Clerk Eikenberry advised this is not on the consent agenda because there is another applicant expressing interest to be on the board and staff wanted to give the Commission the option to also consider that applicant. Mr. Maxwell, who is currently serving, has indicated he would like to continue serving and is currently certified through the pension. Commissioner Grogan inquired if any of the other board members have commented on his attendance. City Clerk Eikenberry advised his attendance is attached to the staff report and the Clerk's office has not received any comments from the board about his attendance. Commissioner Johnson, seconded by Commissioner Keller, moved to reappoint William Maxwell as Trustee to the Police Officers' and Firefighters' Retirement Trust Fund and Board of Trustees. Motion carried 5 -0. 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. This item Nvas heard out of agenda order after Item 412. Police Chief Brown briefly advised 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. Mayor Vandergrift inquired if right on red was a State law and if that could be changed too. Police Chief Brown advised the current traffic enforcement law that has the red light camera does have the option to enforce it or not enforce it; however, his professional opinion is that it will hinder the overall traffic safety programs efforts. Further discussion ensued regarding the traffic enforcement program and the process of how the videos are viewed and number of citations issued. Mayor Vandergrift voiced his support of the red light camera with regards to the safety of the school crossing guards and children. R.P. Monacky, 1820 Prairie Lake Blvd., said he is confused with a recent news report that indicated that you do not have to stop at the stop bar but just need to stop. Police Chief Brown advised that the requirement by State Law is that you stop at the stop bar but because of the red 911'agc Regular City Commission Meeting September 16, 2014 light enforcement cameras. The Mark Wendell Act changed the law a little bit for the camera enforcement intersections and reads it must be a safe and prudent turn; however, if an officer sees you then you must stop at the stop bar. Angel De La Portilla, 205 Calliope Street, said he would urge the commission to consider repealing the red light cameras and follow the City of Clermont or suspend the program and put the referendum on the ballot in March to allow the residents to decide. The cameras are unpopular and receive many criticisms. There are some situations where the driver of the vehicle is not the owner but the owner is the one getting ticketed. Mayor Vandergrift shared that he would differ on that opinion and briefly explained why. Commissioner Keller commented that he believes there is a need for the cameras for safety reasons. There has been a cut in the number of people who run through a light as well as turn right on red. He does feel the right on red is not a problem as long as a driver is being prudent. Commissioner Keller commented that he does feel the program is important enough to keep if financially they will be losing the whole program by removing just the right on red offense. City Attorney Cookson advised that the agreement with ATS is that the City pays a flat fee per camera regardless what business rules the City establishes. The city has made a determination that if they rid themselves of the red on right violations then it is no longer feasible to have the program since it is will be costing the City more for the monthly fees for the cameras. Commissioner Johnson inquired how they would lose total volume when they have cameras at the crossing of Clarke Road and Silver Star Road which is a main intersection. If they also installed them on HWY 50 then they would not lose revenue but gain revenue. He further commented that safety is an important factor and feels that the majority of the red light violations that he has witnessed on Maguire Road and HWY 50 are the running of the red light at 70 miles an hour. Commissioner Johnson further commented on his personal views regarding the red light camera. Commissioner Wilsen said she is not in favor of being lenient on a right turn. She feels there is an issue with people on cellphones while driving and is opposed to doing anything different than what the legislature has put in place. Commissioner Grogan said he agrees with Commissioner Wilsen and believes most of the violations that occur are doing rush hour and children are going to school. He commented that he also would like to keep what the legislature has put in place. Further discussion ensued between the Commission and Police Chief. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve staff's recommendation to keep the right turn on red enforcement. Motion carried 4 -1 with Commissioner Johnson opposing. BREAK: 8:00 p.m. — 8:11 p.m. 101Page Regular City Commission Meeting September 16, 2014 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. 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. Support Services Director Butler explained that Mr. and Mrs. Sanders have made an unsolicited offer to sell both parcels, 35 West Geneva Street (Parcel No. 17- 22 -28- 6144 -04 -193, 13,271 SF) and 669 South Cumberland Avenue, to the city for the amount of $187,900.00. Along with their offer they provided an appraisal from a year ago noting the market value of the property as being $84,000.00. The property improvements include two residential structures and a carport. Support Services Director Butler gave further historical information of the property and surrounding property. It was concluded that staff has not identified any immediate use for the property but agreed to bring the information before the Commission. Mayor Vandergrift inquired if the railroad right -of -way was abandoned. Support Services Director Butler answered affirmatively and advised that the City acquired it in the early 90's. Further discussion ensued regarding 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. Commissioner Wilsen questioned what the need would be to buy that property especially since they are asking more than it is valued. Commissioner Johnson said he agrees the price needs to be re- evaluated but they have purchased property before for more than it was valued. He commented they can use the parcel in question as a dog park. Commissioner Grogan suggested they get an updated appraisal. Further discussion ensued regarding the appraisal. Commissioner Wilsen shared that District 2 is in the process of getting a dog park on Montgomery Ave. City Manager Frank advised that was part of what was included in last year's budget. He believes in addition to fixing up the ball fields there was a small amount of funds put aside for a dog park in that area. Assistant City Manager Shadrix shared that currently the park is designed as a public open space area and would lend itself to dog park time uses or children play area or multi - purpose use. The Parks and Recreation Department is in the initial stages of doing some preliminary site work and trimming vegetation but as of right now it is not designed as a dog park. Parks and Recreation Operation Manager Johnson said they are doing some extensive work out there but as of right now it is not designed as a dog park. Further discussion ensued regarding a dog park and practice fields. Commissioner Johnson asked if they could get a consensus to have staff negotiate further with Mr. and Mrs. Sanders. 111Page Regular City Commission Meeting September 16, 2014 Commissioner Johnson, seconded by Commissioner Grogan, moved to have staff further negotiate with Mr. and Mrs. Sanders and bring discussion back at a later date. Motion carried 5 -0. J. STAFF ACTION ITEMS - None K. COMMENTS FROM COMMISSIONERS Commissioner Keller — commented that it was asked for them to share what they did at the Florida League of Cities. He brought back a book from the meeting that covered a technology session with included everything from drones, driverless cars, apps, software in the cloud, technological advanced clothing, and smart glasses. Commissioner Johnson — None Commissioner Wilsen — None Commissioner Grogan — announced the Final Budget Public Hearing is tomorrow, September 17` at 6:00 p.m. Mayor Vandergrift — None ADJOURNMENT Meeting adjourned at 8:56 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 121I'agc FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — NAME 1 t�C)�emGc 6 NAME6 BO ARD, COUNCIL, COMMISSI AUTHORITY, OR COMMITTEE L' )(;e c (q MAILING ADDRF �� I I j� j l THE BOARD, COUNCIL, cOMMISSI N, AUTHORITY OR COMMITTEE ON ICH I SERVE IS A UNIT OF: ITY ❑COUNTY ❑OTHER LOCAL AGENCY CIT COUNTY 0'� `/'l / r 4e: NAME OF POLITICAL SUBDIVISION: DATE ON WHI TE OCCURRED N MY POSITION IS: LECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, I I J� w �l hereby disclose that on 1 6I� 20 I (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, j/ inured to the special gain or loss of my relative, �G-lega t� ) l inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 9 -ice 14 Date Filed �, � Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA FIRST NAME -MI E NAME NA OF BOARD, NOUN COMMISSIO �U HORITY, R COMMITTEE MAILIW ADDRESS I � THE BOAR COUNCIL, COMMISSION, AUTHORIT OR COMMITTEE ON WHICH S RVE IS A UNIT OF: 1 ) [ COUNTY ❑OTHERLOCALAGENCY CITY / ✓C��% COUNTY /� °� G NAME TICAL SUBDIV ION' DATE ON WHICH O E OC URRED MY POSITION I ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCL OF LOCAL OFFICER'S INTEREST 1 , ab & ! I , hereby disclose that on ��T 20: (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by yvhom I am retained; or _✓ / inured to the special gain or loss of f�l��� f1� 7`7�� .�C�r/ which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2