HomeMy WebLinkAboutItem #01 Approval of MinutesMINUTES
May 5, 2015, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Pro Tem Grogan called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen (absent), Mayor Vandergrift (absent),
Commissioner Johnson, and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — May 2015 - Civility Month
Commissioner Keller read the proclamation
Civility Month.
which Mayor Vandergrift proclaimed May as
Proclamation - Women's Lung Health Week — May 11 _ 17 th
Commissioner Keller read the proclamation which Mayor Vandergrift proclaimed May l I th —
17 as Women's Lung Health Week. Lynn Penyak, Health Promotions Manager with American
Lung Association of the Southeast was present to accept the proclamation.
Proclamation - Teacher Appreciation Week — May 4 th —8 th
Commissioner Johnson read the proclamation which Mayor Vandergrift proclaimed May 4 th _
8`" as Teacher Appreciation Week.
Proclamation — May 2015 - National Water Safety Month
Mayor Pro Tem Grogan read the proclamation which Mayor Vandergrift proclaimed May as
National Water Safety Month. Representatives from the Parks and Recreation Department were
present to accept the proclamation.
Proclamation - Peace Officers Memorial Day — May 15 & National Police Week — May 10 —16
Mayor Pro Tem Grogan read the proclamation which Mayor Vandergrift proclaimed May 15
as Peace Officers Memorial Day and May 10 — 16 as National Police Week. Ocoee Police
Chief Brown was present to accept the proclamation.
C. COMMENTS FROM CITIZENS/PUBLIC
Pam Bozkurt, Rotary of Club of Ocoee Member, addressed the Commission regarding the
scholarship program they sponsor, in conjunction with the City of Ocoee, to three Ocoee High
School seniors. This will be there ninth year doing this program. Ms. Bozkurt briefly explained
the eligibility criteria and qualification in order to receive a scholarship. The Rotary of Club of
Ocoee is graciously requesting that the Commission reconsider the requirement of the
scholarship recipient having to be an Ocoee resident. They currently have four applications
submitted by seniors from Ocoee High School but three of the applicants do not reside in the
City limits. A brief discussion ensued and questions from the Commission were answered by Ms.
Bozkurt regarding the scholarship program. It was decided they would waive the residency
requirement for this year and during the budget process they could revisit the requirements.
Regular City Commission
May 5, 2015
Commissioner Johnson, seconded by Commissioner Keller, moved to waive the
residency requirement for the Rotary of Club of Ocoee Scholarship Program for
this year. Motion carries with Mayor Vandergrift and Commissioner Wilsen
absent.
Harry Boggs, Rose Hill Resident, briefly addressed the Commission regarding an article he read
in the West Orange Times about the Ocoee City Center. He shared a comment he posted on
social media regarding the City Center and briefly advised the Commission that his intent was to
encourage the 400 residents in his neighborhood community to be involved and attend public
hearings so they may learn about the whole plan. It was briefly shared with Mr. Boggs that the
area for the proposed City Center concept was based on feedback from Ocoee citizens several
years ago and there will be public hearings and meetings prior to any development.
Lisandro Diaz, A &D Ocoee Plaza LLC, briefly addressed the Commission to advise that he
would like to work with the City more closely on any plans they have. He is able to involve his
tenants and investors as well. Mayor Pro Tem Grogan advised that within the month they
should be getting some information back regarding the downtown area and would love to have
businesses on board. He further offered to contact Mr. Diaz.
D. STAFF REPORTS AND AGENDA REVIEW - None
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — announced Public Safety Academy — April 9, 2015, through June 11,
2015, 6:00pm - 9:00pm. The Ocoee Police Department and Fire Department is hosting the
second annual Public Safety Academy. If you have any questions, please contact Officer Patera
Scott -Marsh at (407) 905 -3160 ext. 3024 or Patera. Scottkocoee.org
Commissioner Johnson — announced Community Picnic — Saturday, May 16, 2015, from
11:00am - 2:00pm. The Ocoee Police Department will be hosting its 6 th annual Community
Picnic at Central Park (560 Flewelling Drive). There will be free food, drinks, raffles and games
for everyone. If you have any questions, please contact Officer Patera Scott-Marsh at (407) 905-
3160 ext.3024 or at Patera. Scott(n,ocoee.oria
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #5. Motion carried 3 -0 with Mayor
Vandergrift and Commissioner Wilsen absent.
1. Approval of Minutes for the Regular Commission Meeting Held April 21, 2015. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and
Commissioner Wilsen absent.
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2. Appointment to the Citizen Advisory Council for Ocoee Police Department (CACOPD).
(City Clerk Eikenberry) I& ,
Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has eight (8) members.
One application was recently submitted by Ms. V. Renee Watson; therefore staff recommends the City
Commission consider appointing Ms. V. Renee Watson to the Citizen Advisory Council for Ocoee Police
Department with a term ending January 1, 2018.
Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and
Commissioner Wilsen absent.
3. Award of RFQ 91501 Continuing Contracts for Geotechnical Testing Services.
(Purchasing Agent Tolbert) _ q
The City's continuing contracts for geotechnical testing services have expired. In compliance with the
Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the
City's Code of Ordinances, the City solicited statements of qualifications from firms that are interested in
providing geotechnical testing services for City projects. As budgeted each fiscal year; it is anticipated the
annual expenditures for geotechnical services should be approximately $50,000 to $75,000.
The City intends to award continuing contracts to at least three (3) firms deemed to be the most highly qualified
to perform the required services. The continuing contracts shall have an initial three (3) year period with two
automatic one -year renewable extensions, for a total of five (5) years, plus a one (1) year optional renewal at the
City's discretion. The RFQ was advertised on January 25, 2015, and was publicly opened on February 24,
2015. There were eight (8) responses submitted. Staff recommends that the City Commission award RFQ #1501
Continuing Contracts for Geotechnical Testing Services to Geotechnical Environmental Consultants Inc.,
Professional Services Industries Inc. (PSI), and Tierra Inc.
Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and
Commissioner Wilsen absent.
4. Approval of Modification of the Utility Easement at 345 Enterprise Street. ( Utilitie
Director Smith)
The City of Ocoee Utilities Department utilizes numerous easements which overlay private property throughout
the City for underground water and sewer mains, lift stations, and miscellaneous related utility system
infrastructure. Currently, lift station #10 and its influent gravity main are situated on private land covered by an
easement obtained from Seminole Trucking on October 15, 2002. Access to the station is gained by traversing
through gates which secure the private owner's endeavors. Both the current owner of the property, K and S
Supply, LLC, and City staff would like to establish more optimal access to the station. Therefore, K and S
Supply is granting an additional 20' by 20' area located at the northern property line of 345 Enterprise Street,
which will allow access to the station from the City's Public Works compound. Due to the new access, a
portion of the existing easement is no longer needed.
Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and
Commissioner Wilsen absent.
5. Approval of Purchase of Emergency Power Generator for Lift Station #32. (Utilities
Director Smith)
The City of Ocoee utilizes "lift stations" throughout the City to collect and pump raw wastewater to the
wastewater treatment plant. These lift stations operate on commercial power to energize pumps that
automatically come on and pump wastewater at predetermined water levels in the lift station wet well. If
commercial power is not available to the lift station, the pumps will not operate and the risk of sewage overflow
becomes a possibility. Depending on the amount of population served and critical nature of a lift station, an
emergency power generator may be necessary to protect the residents and businesses from sewage backing up
during power outages.
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Regular City Commission
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Lift station #32 provides primary service for the North East portion of the City of Ocoee. This lift station was
placed in service in 1995 and flows have steadily increased over the last 20 years. In 2014, this lift station
pumped an average approximately 19,200 gallons per day. In recent years, commercial power outages and
lightning strikes have caused this lift station to malfunction requiring remediation. The purchase and installation
of this generator will eliminate the possibility of raw sewage backing up and causing damage to residential and
commercial properties during these power outages.
Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and
Commissioner Wilsen absent.
G. PUBLIC HEARINGS - None
H. REGULAR AGENDA
6. Request from the Rotary Club of Ocoee to Have the Fees Waived for Use the Tom Ison
Seniors and Veterans Center for a Texas Hold'em Fundraising Event on May 29, 2015. .
(Parks and Recreation Director Hayes)
The City of Ocoee, Parks and Recreation Department, has received a Facility Use Permit application from the
Rotary Club of Ocoee requesting the use of the Tom Ison Seniors & Veterans Center for a fundraising event to
take place on Friday, May 29, 2015. The Rotary Club of Ocoee has requested to have the rental fees associated
with the use of the Tom Ison Seniors & Veterans Center be waived for this event.
The amount for the aforementioned fees is $696.40. In addition to these fees each renter is required to pay a
Security Deposit of $250, which is refundable if there is no damage to the facility. The total costs associated
with the event will be $946.40. In the past, the City Commission has waived the user fees for civic and
community based organizations.
Parks and Recreation Director Hayes briefly advised the Rotary Club of Ocoee will be hosting
their annual Texas Hold'em Fundraising Event on May 29, 2015. They are requesting the fees
for the use of the Tom Ison Center to be waived. Commission has waived the fees for them for
their previous events.
Commissioner Johnson, seconded by Commissioner Keller, moved to waive the
fees for use of the Tom Ison Seniors and Veterans Center for a Texas Hold'em
Fundraising Event on May 29, 2015, hosted by the Rotary Club of Ocoee. Motion
carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent.
7. Adoption of the Preliminary Rate Resolution for the Fiscal Year 2016 Fire Protection
Assessment. (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 is for the City Commission to publish its intent to adopt an Annual Fire Protection
Assessment by considering a Preliminary Rate Resolution.
A proposed Preliminary Rate Resolution has been drafted by staff. The Resolution shows the estimated
assessment rate to be the Maximum Assessment Rate established in 2013 and continued in 2014, which was
$69.50 per Net Fire Protection Unit (FPU). The City Commission can set the Fire Protection Assessment for
Fiscal Year 2016 at an amount up to $69.50 per Net Fire Protection Unit (FPU) when it considers the Annual
Rate Resolution after the public hearing in August.
Support Services Director Butler gave a brief summary noting that this preliminary rate
resolution is a technical step in the process of levying the assessment on an annual basis. It is
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suggested the public meeting be held during the regular commission meeting on August 17 so
that the decision would be made before the budget hearings start.
As part of the Resolution, staff recommends implementing the Interim Fire Protection
Assessments. Interim Assessments are imposed on property at the time a building permit is
issued as opposed to how it has been done in the past which was at certificate of occupancy. The
intent for this change is to provide a pro -rated assessment for properties that earn a new or
revised assessment based on changes in Hazard Class or Tier resulting from construction. Staff
recommends the City Commission set the trigger for imposing the Interim Assessment at the
time the building permit is issued, as the fire hazard change occurs when construction begins.
The Ordinance provides for refunding the Interim Assessment if the building permit expires
without construction being completed.
Commissioner Johnson questioned the need of the Interim Assessment at the time of building
permit issuance. City Manager Frank explained that what is currently being done is if there is a
house that misses the tax roll the City sends the homeowner a physical bill for the garbage and
stormwater for the rest of the year. This assessment [fire] is outside the loop and would not be
collected for the whole year which is why staff is seeking to close the loop hole. Further
discussion ensued regarding new construction and builders paying the assessment.
Support Services Director Butler advised the Preliminary Rate Resolution will be final in
August and can be changed to what they actually want to adopt at that time. Discussion ensued
regarding the wording for the Interim Assessment [certificate of occupancy vs building permit]
which was explained can be changed in August even if they approve this preliminary resolution.
City Attorney Cookson advised the only thing they cannot do in August is raise the rate above
the amount they adopt on this Preliminary Rate Resolution.
Commissioner Keller, seconded by Mayor Pro Tem Grogan, moved to approve the
adoption of the Preliminary Rate Resolution No. 2015 -008 for the Fiscal Year 2016
Fire Protection Assessment as presented by staff. Motion carried 3 -0 with Mayor
Vandergrift and Commissioner Wilsen absent.
At the request of the City Commission, staff was tasked with looking at different options to handle the 259 total
outstanding code enforcement liens that the City currently has on the books dating back to 1998. Working with
the City Attorney's office, our research included speaking with twelve different cities, towns and counties
throughout the State of Florida. Many had the same process as us where we notify the legal homeowner, the
bank, and any possible tenants of code issues. They then wait for the owner or a representative to bring the
property into compliance, and then hear a lien reduction request by way of our Code Enforcement Board, then
the City Commission. Staff and the City Attorney's office determined that Hillsborough County's Code
Compliance Amnesty Program is the best option.
The benefits of Hillsborough County's Code Compliance Amnesty Program are that eligible property owners
could have their outstanding code enforcement fines reduced by 85 %, or pay 15% of the market value of the
property in violation, whichever is less. In addition, during this three -month Amnesty Program the property title
will be cleared once the balance is paid in full.
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Assistant Director of Support Services Gaines explained that at the request of the City
Commission, staff was tasked with looking at different options to handle the outstanding code
enforcement liens. Working with the City Attorney's office, research included speaking with
twelve different cities, towns and counties throughout the State of Florida.
Assistant Director of Support Services Gaines provided a PowerPoint presentation
summarizing the Amnesty Program.
• The property must be in full compliance
• All other property owned in the City must be in full compliance
• Eligible property owners could have outstanding code enforcement fines reduced by 85%
or pay 15% of the market value of the property in violation, whichever is less
• There would be a $5,000 cap during the amnesty period
• The program would last 3 months
• Program does not apply to burglar alarms, land use cases or nuisance abatement cases
• Program will begin with residential only
• Using Hillsborough County's program as a basis, about 10% of the properties came into
compliance during the program
Mr. Gaines noted that to date we have spent approximately $3100 on attorney's fees for
research, each mailing would cost approximately $300, and the program would commence next
budget year so that we can budget for the cost of operating the program.
After evaluating numerous options jointly between the City attorney's office and City staff, the
staff recommends that the choose from the following two choices: 1) Implement the option
outlined by using Hillsborough County as a model with roughly a 10% satisfaction rate or
approximately $54,000 or 2) Continue things the way they are and use the current lien reduction
process.
Commissioner Keller commented that he would recommend staff moving forward with the
amnesty program. City Manager Frank advised that there would be a couple of ordinance
changes and public hearing before they could move forward on this program. Commissioner
Johnson stated that most people will not pay the fines until they are going to sell the property.
He didn't feel that most people will cooperate. He also asked how many of these are bank owned
property, to which Mr. Gaines said he does not know off the top of his head. Mayor Pro Tem
Grogan commented that the 3 months period to come into compliance he feels is a benefit.
Commissioner Johnson said he feels it would be better to find a remedy for people to go for
long periods of time with violations. We need to find a better way to deal with those property
owners. Commissioner Keller said he was trying to work with Rep. Bracey to get this added to
their tax bill. Mayor Pro Tern Grogan and Commissioner Keller felt that it was worth pursuing to
at least get some money back.
Consensus of the Commission, with Mayor Vandergrift and Commissioner Wilsen
absent, was to have staff to move forward with the Code Compliance Amnesty
Program and bring back an ordinance implementing the program for approval by
the commission.
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9. Discussion and Direction Relating to Ordinance Amendment of Article 1, Chapter 153;
of the City of Ocoee Code, Relating to Access Provisions to Gated Communities. (Police
Chief Brown)
Police Chief Brown and Lt. Wagner explained that 2 months ago they presented and ordinance
relating to gated communities and they were asked to have a community meeting because there
were residents who had concerns. They had a meeting and received a lot of input. Lt. Wagner
provided a PowerPoint presentation which had feedback from the citizens. There were some
inefficiencies with how police, fire, and ems are able to respond to calls in gated communities as
well as routine patrol. He noted that technology exists today that would allow them to get access
to the gate with a click of their radio button. He reviewed the variety of systems that exist at this
time that create confusion and delays in attempting to get into various subdivisions. They held a
very successful meeting on March 19, 2015, which included 9 HOA representatives. The main
concerns of mandating uniform systems throughout the city were cost of the original installation,
if current gates would be required to be brought into compliance, and who would be responsible
for maintenance and upgrade of the systems in the future. Winter Garden currently has an
ordinance in place to require the Click to Enter Access System, which is a universal system that
could work with Ocoee as well because we they will soon be dispatching for our PD and the
system will work for everyone on the same radio frequency. It is especially useful for mutual
aide. Orange County Sheriff Department and Fire Department are looking at converting to the
Click to Enter Access for their unincorporated areas. Sgt. DeStephano from Orange County
Sheriff's Office gave some scenarios including the night that Deputy Pine was killed where
numerous requests were made from deputies trying to gain access to a gated community when
the yelp siren access system failed. A deputy had to be posted there 48 hours to let law
enforcement personnel in and out. He said they are currently working on the conversion; they
are doing a six month test on the Click to Enter equipment; he has tested them periodically and in
a variety of weather conditions and they have worked every time. Lt. Wagner said they would
like to get direction from the commission. The previous ordinance mandated that all gated
communities install this system. He added that the hodgepodge of access systems throughout the
city cause confusion and delays. Consistency and uniformity in the systems would correct that.
City Attorney Cookson clarified as to how Winter Garden implemented their system. Lt
Wagner said that the cost was mandated to the various HOAs. The cost to purchase and install is
$2100 per system. Commissioner Johnson said he would like to review this issue when all five
Commissioners are present; he feels that this should be handled at budget time and the city
should consider bearing the cost for doing it all at once. Lt Wagner stated he got a price of
purchasing 33 units and it was $34,840.44 without installation. There was discussion about
when and how to implement the program for future systems and how to deal with all of the
systems currently installed. Commissioner Keller agreed with Commissioner Johnson that the
city should pay for it via the budget process. Mayor Pro Tem Grogan brought up the county -
mandated Yelp systems and how they not working because there are too many different siren
sounds that need to be calibrated. He asked if the city would be required to follow the county
ordinance. City Attorney Cookson advised that adoption of our own ordinance would
supersede the county ordinance.
There was discussion regarding what the next steps should be. Mayor Pro Tem Grogan said
that they can't guarantee it will be passed at budget time, so what would happen then? Chief
Brown said the ordinance, as written, makes the systems mandatory; the city funding it would be
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another step we would have to take. City Manager Frank suggested the motion should be
worded that the city would pay conditions on funds being allocated during the FY 2015 -16
budget process.
Consensus of the Commission, with Mayor Vandergrift and Commissioner Wilsen
absent, was that an ordinance would have to be brought to the Commission
mandating the Click to Enter Access Systems be installed throughout HOAs in
the city, with the city funding it conditioned upon funds being allocated during
the FY 2015 -16 budget process. Any new subdivisions will be required to install
the system at their own expense.
A resident of Brookstone asked that, if the HOAs end up having to pay, he would like to have
the commission consider exemptions for gates that are within a quarter of from each other, as
well as gates that are manned 24/7. Discussion followed. Lt. Wagner said the latest evaluation
are that there are 9 HOAs requiring 1 system, 10 HOAs requiring 2 systems, and 1 HOA that
would need 3 systems. He noted if any exemptions are granted, the Fire Marshall will have input.
The ordinance will also include annual Fire Marshall Inspections.
Discussion followed regarding the recommendation of specific technology, the importance of
having a uniform system that can work for Winter Garden and surrounding areas, and the time
frame for the mandated installation.
Scott Kennedy, 3430 James Drive, asked about some kind of signage to designate which gates
had emergency access. Lt. Wagner answered that signage could be done. It was clarified that
the only gates that won't be equipped with the new technology is those that are exempt.
I. STAFF ACTION ITEMS - None
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller — announced he went to Central Park and citizens inquired if they could
shave the sidewalks since kids are tripping on them. City Manager Frank said they have started
that program this year; he will make sure Central Park gets put at the top of the list.
Commissioner Johnson — None
Mayor Pro Tem Grogan — None
ADJOURNMENT
Meeting adjourned at 8:54 p.m.
APPROVED:
Attest:
City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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