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02-07-12 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida February 7, 2012 6:00 P.M. STATE OF THE CITY REPORT 7:15 P.M. AGENDA REGULAR CITY COMMISSION MEETING A. CALL TO ORDER SWEARING IN OF COMMISSIONERS INTRODUCTION OF NEW CITY ATTORNEY SCOTT COOKSON Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Black History Month — February 2012. (Mayor Vandergrift) C. COMMENTS FROM CITIZENS/PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes for the Workshop Meetings for City Attorney Held December 28, 2011, and January, 4, 2012, Special Session Meeting for City Attorney Selection Held January 10, 2012, and Regular Commission Meeting Held January 17, 2012. (City Clerk Eikenberry) 2. Approval to Expend Forfeiture Monies for Law Enforcement Related Uses. (Police Chief Brown) Pursuant to Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen (15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program. The Ocoee Police Department recommends expending monies from its Forfeiture fund to law enforcement related uses as follows: $3,000 for the City of Ocoee Spring Fling event. City Commission Regular February 7, 2012 3. Approval of Emergency Medical Services Agreement Between Orange County, Florida and City of Ocoee Fire Department. (Fire Chief McNeil) On August 12, 2011, the Orange County Office of the Medical Director distributed five (5) Medtronic Sprint Wireless Modems to the City of Ocoee Fire Department. The Modems were purchased by the Office of the Medical Director with EMS Grant Funds. Modems were distributed to all Orange County Agencies that provide ALS for the purpose of transmitting 12 -lead EKGs from the emergency scene to the receiving hospital when on -scene Paramedics interpret a myocardial infarction that is in need of immediate catheterization. The subject agreement transfers ownership of the Modems to the Ocoee Fire Department along with the stipulations of ownership. 4. Approval of Intent to Annex for Water Service for James and Terri O'Neill at 1539 Clarcona -Ocoee Road. (City Engineer Wheeler) Mr. and Mrs. O'Neill own the property which is located at 1539 Clarcona -Ocoee Road and have approached the City for utility service. The property was platted as part of the North Ocoee Addition No. 2 and has one single family residence on the property. 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. Therefore, this is just an Intent to Annex for water service at this time. 5. Approval of Interlocal Agreement Between City of Ocoee and Belle Isle with Crowne /Carehere. (Human Resources Director Williford) The City of Belle Isle, Florida (City Manager) has requested of the City of Ocoee (City Manager) to consider partnering with Belle Isle to provide limited occupational services, i.e. pre- employment and annual physicals for their police officers. Belle Isle has approximately 15 officers and hires about 3 officers per year. Belle Isle is having difficulty finding a provider that can service their occupational needs for comprehensive physicals. The City of Ocoee desires to provide Belle Isle limited occupational services through the CareHere health center for pre - employment and annual physicals. This partnership is estimated to consume approximately five (5) regular appointments per month at the health center. The small number of appointments to be used will not have an adverse impact on the City of Ocoee employees /dependents. 6. Approval of Partial Lien Release for Habitat for Humanity. (Assistant to the City Manager Gaines) West Orange Habitat for Humanity, Inc. has a donor by the name of Dean Harper (Dean Harper Inc.) who would like to donate a parcel of land to them which is located at 528 W Hull Ave in the Town of Oakland. Mr. Harper has outstanding liens with the City of Ocoee (Cases #06 -067, 05 -024, 11- 120). All three liens total $59,800. Habitat would like to see if it would be possible for the City of Ocoee to sign a partial release of lien in favor of West Orange Habitat for Humanity, Inc. for just this parcel in Oakland. It would allow them to clear the title and build a home for a low- income family in need of decent affordable housing. Florida law allows municipal liens to be attached to more than one property of the owner. 7. Approval of Most Valuable Partnership Grants - Cycle 2011 -2012. (Community Relations Manager Wright) The Most Valuable Partnership Grants Program has been in operation for several years. The grant program assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The maximum matching grant award is $2,000. Seven organizations were recommended to receive grants in the amount of $10,000. One organization, Silver Glen HOA, was disqualified because their grant application was incomplete. Page 2 City Commission Regular February 7, 2012 8. Approval of Fundraising Event Sponsored by the Ocoee Professional Firefighters. a. Special Event Permit to Authorize the Sale and Serving of Alcoholic Beverages at a City Park. (City Clerk Eikenberry) In accordance with Resolution 2006 -010 as approved by the City Commission, the Ocoee Professional Firefighters organization has filed a special event permit application for the sale of alcoholic beverages at a fundraising event to take place on March 17, 2012, at Bill Breeze Park. Proceeds from the event will go towards supporting Homes for Heroes. b. Special Event Permit Request for Road Closure. (Building Official Washington) In order to temporarily close a public street and boat ramp, the approval of the Honorable Mayor and City Commission is required. Ocoee Professional Firefighters Local 3623 has made application to the City for a Special Events Permit for a BBQ /Chili Cook -off and Concert that would require the temporary closing of City owned streets and Starke Lake Boat Ramp. It would also require the use of Bill Breeze Park and Community Center Parking Lot. The event will be held on Friday, March 16, 2012, from 12pm - 1Opm, Saturday, March 17, 2012, from 9:00 AM — 10:00 PM and on Sunday, March 18, 2012, from 10:00 AM — 5:00 PM. The streets to be closed are a portion of N. Lakeshore Drive and Oakland Avenue. G. PUBLIC HEARINGS 9. Makinajian Variance - 800 Huntington Pines Drive. (Advertised in the Orlando Sentinel on Thursday, January 12, 2012). (City Planner Rumer) The applicant, Joyce Makinajian, is requesting a rear yard setback variance from 30 feet to 5 feet for a two -story room addition. The subject property is located at 800 Huntington Pines Drive, on corner lot 217 in the Brookestone Subdivision which is located on the west side of Maguire Road and south of Tomyn Road. The rear of the subject property is located next to tract S, which functions as a stormwater management area and tract D, which functions as a conservation area. The applicant submitted documentation regarding HOA approval dated June 29th, 2011. However, the documentation does not indicate the setback approved, and it appears that the approval has expired. The Board of Adjustment met on January 26, 2012, and voted 4 -0 to recommend the City Commission deny the requested variance. H. REGULAR AGENDA 10. Code Enforcement Reduction of Fine/Lien for Richard R. Wilson Jr. Located at 23 Cokles Key Drive. (Assistant to the City Manager Gaines) The property located at 23 Cokles Key Drive was cited on May 7, 2011, for violations of Ocoee Code of Ordinance 51 -13 Permits Required. The code violations were for a Garage /Shop and unpermitted Canopy /Temporary structures without required permits, plans, approval and inspections. The Code Enforcement Board issued an order to comply by October 25, 2011, or be fined $100.00 per day. The fine accrued to date is $4,100.00 plus City's administrative cost of $718.00, totaling $4818.00. On December 5, 2011, a re- inspection was performed and observed the property to be in full compliance. Mr. Richard Wilson Jr. the owner of the property is requesting a reduction of fine /lien of $4818.00. 11. Code Enforcement Reduction of Fine/Lien for BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp. Located at 2003 Nancy Ann Terrace. (Assistant to the City Manager Gaines) The property located at 2003 Nancy Ann Terrace was cited on June 29, 2010, by Officer Edward Loeffler, as a nuisance to the public health, safety and welfare. The property was littered with trash, junk and debris. The structure was unsecured with evidence of egress by unauthorized persons. The codes violated: 108 -35 and 115 -3. On July 29, 2010, the Code Enforcement Board issued an order to comply by August 13, 2010, or be fined $200.00 per day per violation. On August 25, 2010, the Code Page 3 City Commission Regular February 7, 2012 Enforcement Board imposed the accruing fine and lien for non - compliance. The location was routinely checked by Officer Loeffler October 2010 — November 2011 and documented as non- compliant with seven signed affidavits. Two of these checks resulted in Ocoee Police Department assistance. On November 28, 2011, the violations were observed corrected and an affidavit of compliance was issued. BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp. is requesting the fine /lien amount of $188,800.00 be reduced to the city's cost of $768.00. BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp. claims that their Lis Pendens lawsuit was filed prior to the city's Notice of Claim of Liens resulting in elimination of any fines on behalf of the city under the provisions of Florida Statute 48.23. 12. Approval of Resolution to Create a Tri -City Partnership Between the Cities of Apopka, Ocoee, and Winter Garden. (CRA Administrator Wagner) City Staff has been working over the last year with the Cities of Apopka and Winter Garden and other economic development partners that have a vested interest in economic development along the SR 429 corridor. Through these meetings, it became apparent that the three West Orange cities have many assets in common, and that it would be in each City's best interest to work together on a variety of issues, but most importantly, to align their resources to implement an economic development strategy. All Cities agree that in doing so, the quality of life and the economy of each City will benefit from this initiative. The intent is to create a new organization that will address economic development and other mutually beneficial issues. This new organization will represent approximately 120,000 residents and over 60,000 employees giving the partnership parity with the largest cities, communities, downtowns and business districts in the Metropolitan area. By pulling together joint resources, it is possible to heighten visibility and identity by creating a unique brand for the area. This approach is working in many regions throughout the United States to cross -sell the combined attributes of all the cities to create a synergistic economic development strategy. I. STAFF ACTION ITEMS J. 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. Page 4