HomeMy WebLinkAboutItem #11 Resolution 2015-019 Establishing a Time Frame for Existing Gated Subdivisions to become compliant with Click to Enter Access Technology and Establishing a Level of Funding Assistance for Existing Gated Subdivisions O C O e P
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AGENDA ITEM COVER SHEET
Meeting Date: November 17, 2015
Item # 11
Reviewed By:
Contact Name: William Wagner Department Director: Charles Bros- ,
Contact Number: 407-905-3160 x3319 City Manager: Rob Fran ,/ (
Subject: RESOLUTION ESTABLISHING A TIME FRAME FOR EXISTING GATED
SUBDIVISIONS TO BECOME COMPLIANT WITH CLICK TO ENTER ACCESS TECHNOLOGY
AND ESTABLISHING A LEVEL OF FUNDING ASSISTANCE FOR EXISTING GATED
SUBDIVISIONS
Background Summary:
On July 21, 2015, the City of Ocoee City Commission adopted amendments to Section 153-5.7,
City of Ocoee Code of Ordinances, requiring all gated communities and subdivisions to install and
maintain a uniform access system for emergency access to their respective gated communities. On
the same date, the City Commission adopted Resolution No. 2015-010, establishing Click to Enter
and the Knox Box key access systems as the uniform access systems.
In its discussions on July 21, 2015, the City Commission debated options for compliance deadlines
and options for funding assistance that the City might provide to existing gated communities.
Because compliance with the uniform access systems is deemed a serious public safety concern,
the City Commission established a 2015-2016 budget funding amount of $60,000.00 to assist
existing gated communities in becoming compliant with the new system technology.
Based on the 2015-2016 budget allocation for this purpose, the funding reimbursement amount for
each individual gate will be capped at an amount not to exceed $1,818.00 per entrance gate.
Reimbursement will be provided to subdivisions upon written request on forms described by City
staff, including submittal of the original receipt. Eligible reimbursable expenses are limited to the
purchase of the device, installation of the System, and any programming that may be required to
establish the System; only an authorized Click to Enter distributor or installer can complete the
installation. All system upgrades must be completed by July 1, 2016 and must be inspected by the
City Fire Chief prior to being deemed operational. All requests for reimbursement must be received
by the City on or before September 15, 2016.
Issue:
Should the Honorable Mayor and City Commissioners approve a resolution establishing July 1,
2016 as the date by which existing gated communities must install and have operational the Click to
Enter and Knox Box uniform access systems, and establishing as an eligible budget reimbursement
amount per gate, an amount not to exceed $1818, to gated communities to assist with costs limited
to the purchase of the device, installation of the device, and any programming that may be required
to establish the device?
Recommendations
City Staff recommends that the Honorable Mayor and City Commissioners approve a resolution
establishing as July 1, 2016 as the date by which existing gated communities must install and have
operational the Click to Enter and Knox Box uniform access systems, and establishing as an
eligible budget reimbursement amount per gate, an amount not to exceed $1818, to gated
communities to assist with costs limited to the purchase of the device, installation of the device, and
any programming that may be required to establish the device.
Attachments:
Resolution.
Financial Impact:
The total 2015-2016 budget amount for reimbursement to existing gated communities is
$60,000.00.
Type of Item:
[ ] Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading Consent Agenda
❑ Ordinance First Reading [ ] Public Hearing
x❑ Resolution Regular Agenda
[ ] Commission Approval
❑ Discussion&Direction
[x] Original Document/Contract Attached for Execution by City Clerk
El Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Scott A. Cookson, Es• ❑ N/A
Reviewed by Finance Dept. � . �1 ❑ N/A
Reviewed by ( ) ❑ N/A
RESOLUTION NO.2015-019
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ESTABLISHING A TIME FRAME FOR EXISTING GATED
SUBDIVISIONS TO BECOME COMPLIANT WITH THE
ACCESS TECHNOLOGY KNOWN AS CLICK TO ENTER;
ESTABLISHING A LEVEL OF FUNDING ASSISTANCE
FOR EXISTING GATED SUBDIVISIONS TO COMPLY
WITH SAID ACCESS TECHNOLOGY; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article I, Chapter 153, of the Code of Ordinances of the City of Ocoee
(hereafter"City Code"),relates to the use of the right of way; and
WHEREAS, the City Commission of the City of Ocoee (hereafter "Commission") has
considered and adopted, in a duly noticed public hearing, amendments to Article I, Chapter 153,
pertaining to emergency access to gated subdivisions, including creating a new Section 153-5.7 in
the City Code; and
WHEREAS, the amendments creating Section 153-5.7 of the City Code require gated
subdivisions to install and maintain in an operational status uniform technology for accessing said
gated subdivisions by the City for emergency access and in the interest of the public health, safety,
and welfare; and
WHEREAS, on July 21, 2015, the Commission adopted Resolution No. 2015-010, to
establish the Click to Enter access system and the Knox Box key access system for all gates
(hereafter "System") as the required emergency vehicle access system for all gated subdivisions
or gated communities located within the City limits; and
WHEREAS, the Commission finds that compliance with the System by all gated
subdivisions existing within the City limits as of July 21, 2015, is a concern of the City's public
safety personnel and its citizens; and
WHEREAS, Section 153-5.7 of the City Code further requires the Commission to adopt a
Resolution establishing compliance time frames for installation of the System to those gated
subdivisions existing within the City limits as of July 21, 2015; and
WHEREAS, the Commission desires to establish a level of funding assistance for those
gated subdivisions that were existing within the City limits as of July 21, 2015, and a date by which
these existing gated subdivisions will become compliant with said System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to
adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. Existing Gated Subdivisions. Gated subdivisions existing
within the City limits as of July 21, 2015, shall comply with the provisions of Section 153-5.7 of
the City Code, Resolution 2015-010, and this Resolution on or before July 1, 2016. Compliance
shall mean that the System is installed, inspected, and fully operational. Any request for an
extension or exemption shall be placed in writing and delivered to the Fire Chief
In all cases, following installation of the new technology, the System must be inspected,
approved, and deemed compliant with the provisions of Section 153-5.7 of the City Code and
Resolution 2015-010 by the Fire Chief
SECTION 3. Funding. The Commission hereby finds it is in the best
interest of the City to provide funding assistance for the benefit of gated subdivisions existing
within the City limits as of July 21, 2015, solely for the purpose of achieving compliance with
Section 153-5.7 of the City Code, Resolution 2015-010, and this Resolution in the time period
provided herein. Pursuant to the budget allocation for this item, funding assistance is capped at
an amount not to exceed $1,818.00 per entrance gate, and may only be used for the purchase of
the device, installation of the System, and any programming that may be required to establish the
System from an authorized Click to Enter distributor or installer (deemed "eligible costs"). The
City will assume no maintenance cost or obligation for the System and the City will not
reimburse taxes or any other costs.
Funding by the City to assist with the above-referenced eligible costs will be done on a
reimbursement basis, upon timely receipt by the City of the requisite paperwork, including the
original receipt, from the President or Treasurer of the duly established Homeowner's
Association for the gated subdivision seeking reimbursement. Reimbursement for eligible costs
shall not exceed $1,818.00 per entrance gate and all requests for reimbursement must be received
by the City on or before September 15, 2016.
SECTION 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 20 .
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Beth Eikenberry, City Clerk Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 20 .
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney