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10-16-12MINUTES October 16, 2012, 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. Bishop Brent Sauser, Church of Jesus Christ of Latter Day Saints 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 Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Ocoee Community Garden Partnership Presentation Eva Wilson and Pam Bozkurt, Rotary Club of Ocoee, announced that tonight they are bringing before them the first steps of a proposal of a community garden. They would like to see if there is interest in the concept and if the city would have property they can donate. The shared that for the City of Winter Garden and Apopka they had sent surveys through the water bill to see if there was an interest by the community. Ms. Bozkurt shared material for the commission to review. Commissioner Wilsen inquired if the Rotary Club has requested a list of available city properties. Ms. Bozkurt said they have not at this time; they were waiting to see if the interest was there, first. Mayor Vandergrift polled the commission to see if they objected. As no one objected, the Mayor requested for staff to meet with the Rotary Club members. Proclamation — Week of Family — October 27`h—November 3rd Mayor Vandergrift read and proclaimed October 27` — November 3rd as the Week of the Family. Bishop Brent Sauser briefly spoke about the programs that they have implemented for the children of Ocoee. Victoria Laney spoke about upcoming events and a calendar they distribute around the county that includes some Ocoee events. C COMMENTS FROM CITIZENS/PUBLIC Doug (and LeAnn) Goddard, founders of Access Life, briefly spoke in regards their program stating it is a community outreach program for people with disabilities. They will be hosting their second annual event in Ocoee at Bill Breeze Park on November 10, 2012, which will include boat rides, kayaking, bank fishing, archery, arts and crafts, and free lunch. He is hoping people within the community connected to churches and other resources will get involved. He said the event is on the agenda this evening (Item #3) and he is hoping they will be blessed with the city facility fees being waived again this year. Kathy Hutchinson, recent graduate from West Orange High and FFA Member for Area 4, explained that every year a FFA state representative gets elected to go overseas and this year it is Argentina. She asked if the city could help in any way to contribute so she can go to Argentina January 4-12, 2013. Commissioner Johnson inquired about the next Community Grant Cycle City Commission Regular October 16, 2012 and inquired if maybe she would be able to apply for funds through that. Community Relations Manager Wright explained that they just finished a grant cycle and the next cycle will be in January. Commissioner Johnson recommended they give her the money up front from the contingency fund and assist her in going through the grant application so that we can reimburse the contingency fund in January. Commissioner Hood, seconded by Commissioner Johnson, moved to approve $500 be taken from the contingency fund for FFA Member Kathy Hutchinson, with the condition that she apply for the Community Grant in the January cycle and funds will be returned to the contingency fund if the grant is awarded. Motion carried 4-1 with Commissioner Wilsen opposing. Neila, resident of Admiral Pointe at 970 Keaton Parkway, raised the issue of crime in her neighborhood for the last two to four weeks. She said that citizens are very concerned and have not seeing anything being done. There were two robberies at one time, and then a third happened the next week. She and her neighbors want to know what strategy is being taken by the City to gain control of the situation. Her community is scared, she said. Commissioner Wilsen said that she thinks that a community meeting was planned to deal with the matter and that she had met Neila at their last community meeting. Police Chief Brown introduced himself to Neila and said they are beefing up patrols in the area. He concurred that there has been a recent increase in crime in the area, specifically property crimes as opposed to person crimes. Chief Brown went on to say that the police department is taking the recent developments very seriously. He added that the department now has an officer posted in the area full time. Neila stated that she had been told that an undercover officer had been posted to deal with speeding in the neighborhood, but she has seen no indication that has happened. Commissioner Wilsen said that she has seen stepped up patrol in her area which near the neighborhood in question. The police chief said they have a suspect in the burglaries (again properties) in the neighborhood, and that the department is doing everything to eliminate current crime and prevent it from occurring again. Mayor Vandergrift asked if there is a neighborhood crime watch program. There is a camera at neighborhood entrance, Neila said, but it is becoming worthless. Chief Brown said that it was through the camera that they were able to identify a suspect's vehicle. The chief added that Orlando Avenue corridor is a focus of the police right now, and they will continue to put pressure on the area. Another neighborhood meeting is scheduled for Saturday. Neila said that the residents can perhaps help with ideas for how to proceed. Deputy Chief Steve Goclon and/or Police Chief Brown will be there. Deputy Chief Goclon said that sometimes it is relatives going into a relative's house. The two burglaries that Neila mentioned were stranger burglaries which both happened on the same day, perpetrated by the same suspect. Deputy Chief Goclon continued that he has patrolled through in an unmarked vehicle and has not seen any suspicious vehicles in the area since then, although he did not doubt Neila's assessment of the situation. Commissioner Johnson said there are also traffic issues in there and residents do not stop at the stop signs; they are not going to be happy if police presence is stepped up and they start getting tickets. Mayor Vandergrift suggested that the neighbors continue to be vigilant. He shared his experience with a speeding driver he chased down. Neila asked the police department to join the community FACEBOOK page. She added that for some, the environment has become so dire that there are people there who are afraid to take showers. The police chief and deputy chief Page 2 City Commission Regular October 16, 2012 reiterated that they are taking the matter very seriously and will be at the next community meeting. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following announcements: 1) Directed the commission to a memorandum on the dais that was inadvertently omitted from agenda item 45, as well as, a redlined copy of an ordinance that is the most recent version of the ordinance that accompanies agenda item #8. 2) Presented an Emergency Item from City Engineer Wheeler for the construction taking place on Clarcona-Ocoee Road. EMERGENCY ITEM- Contracting with DeWitt Excavating, Inc. for the Installation of 12 inch Reuse main along Ingram road and under Clarcona-Ocoee Road in conjunction with the construction for the new Clarcona-Ocoee Road. City Engineer Wheeler gave brief details of the project scope and how approving this construction now would benefit the city by contracting the on -site contractor DeWitt Excavating to install the underground pipes to the end of their project limits. Mayor Vandergrift asked if approved how this project will be funded. City Manager Frank advised this project is already funded and that this approval will remove this section from the project funding, and approve use of the funds now with this emergency item. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Contract with DeWitt Excavating, Inc. for the installation of a 12-inch reuse main along Ingram Road and under Clarcona-Ocoee Road at the cost of $93,142.29, as recommended by staff. Motion carried 5-0. A resident of Admiral Pointe (Neila) spoke at this time; her comments have been placed under Section: Comments from the Cilizens/Public. 3) The City of Ocoee's Parks and Recreation Department will hold its 5th annual Haunted House starting October 25th. The house is located at 951 Ocoee -Apopka Road. This year's hours are Thursday October 25°i from 7-10 PM and Friday & Saturday October 26t" & 27th from 7-11 PM. There will be a hay ride, games and refreshments in addition to the Haunted House. The "Haunted Walk" is back this year as well. Admission is $2.00 each for the house and for the walk. We encourage everyone to bring non-perishable food items for the West Orange Christian Service Center. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood— 1) announced Ocoee's overall success with the Pop Warner Football program. All four teams in Division 1 qualified for the play-offs, the first time in a long time since that has happened. The Pop Warner Cheerleader competitions start this week as well. 2) Ocoee High School Homecoming Game is on Thursday night. Commissioner Keller — announced he has not heard any concerns regarding the early meeting with the Friends of Ocoee on November 6"' Election Day, so the meeting is still on for 6:00 p.m. Page 3 City Commission Regular October 16, 2012 Commissioner Johnson — 1) announced the Ocoee Police Department, in conjunction with the City of Ocoee Founders' Day Festival Committee, will host the 11th Annual Founders' Day Poker Run. This event will feature motorcycles, classic cars, and hot rods driving to five stations to collect playing cards. The event will kick off on Saturday October 27, 2012. Registration will start at 9:30 A.M. at the Sandwich Shop, located at 1113 N. Clarke Road Ocoee, FL 34761. The ride will conclude at "The Bar" located at 1107 N. Clarke Road Ocoee, FL 34761. The cost will be $10 a participant and $5 dollars for each additional hand. The first 100 participants will receive an event t-shirt. To register, make a donation or to find out more about this event, contact Sgt. Scott Nylander of the Ocoee Police Department at 407-905-3160 ext. 3315. 2) The City of Ocoee Police Department will be hosting a dodge ball tournament for any local organization or business that can put together a team of six or more players. Registration is $10 per person and players must be eighteen years of age or older. The event will be held at the Jim Beech Center, located at 1820 A.D. Mims Road Ocoee, FL 34761. The proceeds from this event will benefit the City of Ocoee Police Department's Holiday Toys for Kids in Need program. 3) The City of Ocoee's 19th Annual Founders Day Festival will be held Friday, November 2nd and Saturday, November P. This year's entertainment will feature Marty Stuart, Tyler Farr, and Lee Brice on Friday, and LoCash Cowboys, Chris Cagle, and Easton Corbin on Saturday. VIP seats are still available for purchase. The parks and recreation department can give price information. Commissioner Hood announced the Golf Tournament is Friday October 6t". Interested parties can call City Engineer David Wheeler for details. Commissioner Wilsen — 1) announced the Founder's Day Marketplace is accepting applications for the arts and crafts section. 2) said that Operation Santa will be starting in early December and encouraged residents to look at sales flyers and pick up extra items to donate. Commissioner Johnson said that he was going to bring up another situation where he would ask the commission for to grant money, but he has decided not to do that since Commissioner Wilsen was so emphatic about not taking money from contingency. He stated the Ocoee High School football team raised about $2800, but are still short approximately $950 for uniforms for the homecoming game; they are wearing red and white jerseys from the old Cardinals team. Mayor Vandergrift said it is coming out if his pocket because he told them he would help. Commissioner Johnson said he would help raise additional funds for the jerseys because he told them he would try to get money from the city tonight but has now changed his mind about asking for it. Commissioner Hood stated that someone should talk to them about planning in advance and get money from the MVP Grant program. F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #7. Motion carried 5-0. 1. Approval of Minutes for the Regular Commission Meeting Held October 2, 2012, Minutes of'the 'Final Budget Hearing Held September 26, 2012, and Special Session Held September 26, 2012. (City Clerk Eikenberry) Motion carried 5-0. Page 4 City Commission Regular October 16, 2012 2. Agreement for Local Funding of Railroad Track Rehabilitation -Orange County Cities (CRA Administrator Wagner) On February 15, 2011, the Mayor and City Commissioners voted to support and commit funding to the Florida Central Railroad (FCR) upgrade project. This project improves the ability to move freight within the community to aid economic development efforts and open up the potential for future passenger rail services. This is one of the most successful and wide-ranging public -private partnership projects that have been initiated in recent years, with eleven government entities partnering with FCR. Motion carried 5-0. 3. Special Event Permit — Request for Road and Boat Ramp Closure for Access -Life, Inc. (Assistant City Manager Shadrix) Access -Life, Inc. has made application to the City for a Special Events Permit for Community outreach for families living with disabilities that would require the temporary closing of City owned streets and Starke Lake Boat Ramp. It would also require the use of the Bill Breeze Park, Gazebo and Fishing Pier. The set-up starts on Friday, November 9, 2012 from 8:00 AM 5:00 PM. The event will be held on Saturday, November 10, 2012 from 10:00 AM — 2:00 PM. The streets to be closed are a portion of N. Lakeshore Drive to intersection with Oakland Ave., Boat Ramp, & Dock. Motion carried 5-0, waivers of city facility fees were made in a separate motion after Item #7. 4. Award of Bid #1313-01 Liquid Sodium Hypoehlorite Term Contract .;(Advertised in the Orlando Sentinel Legal Classified on September 2, 2012). (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to furnish and deliver liquid sodium hypochlorite (minimum of 12.0 Trade Percent Available Chlorine) to meet the water production demands of the City. Motion carried 5-0. 5. Award of Bid #B12-08 Lift Station #3 Replacement Project (Advertised in the Orlando Sentinel Legal Classified on August 12, 2012). (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to construct the Lift Station 43 Replacement (Project). All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by the City of Ocoee. Bids shall be deemed to include all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and services, including all labor for the work. Staff recommends that the City Commission award Bid #B 12-08 Lift Station #3 Replacement Project to Lapin Septic Tank Service Inc. in the amount of $183,000.00. Motion carried 5-0. Page 5 City Commission Regular October 16, 2012 6. Holiday Schedule for 2013. (City Clerk Eikenberry) Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of Ocoee. Each year the Commission approves those holidays and selects dates for those holidays that fall on weekends. Motion carried 5-0, holidays adopted as follows: Holidays Observed in Ocoee Adopted/Observed for 2013 New Year's Day January 1 Tuesday, January 1, 2013 Martin Luther King, Jr. Day Third Monday In January Monday, January 21, 2013 Memorial Day Last Monday in May Monday, May 27, 2013 Independence Day July 4 Thursday, July 4, 2013 Labor Day First Monday in September Monday, September 2, 2013 Thanksgiving Day Fourth Thursday Thursday, November 28, 2013 Day After Thanksgiving Day after Fourth Thursday Friday, November 29, 2013 Day Before or After Christmas As determined by Commission Tuesday, December 24 2013 Christmas December 25 Wednesday, December 25, 2013 7. Past Due Development Review Fees. (City Attorney Cookson) The Land Development Code authorizes the City to charge applicants and property owners certain development review fees incurred by the City for the review of development projects. Should the Commission accept the recommendation of staff and authorize the City Manager and City Attorney to negotiate terms of settlement agreements for the reduction of amounts due and/or payment teens related to payment of past due development review fees by applicants and property owners? Motion carried 5-0. Commissioner Wilsen stated that they needed to clarify whether or not the fees were waived for Item #3, Access Life Special Event. Commissioner Hood, seconded by Commissioner Johnson, moved to waive the city facility fees for the Access -Life, Inc. Event. Motion carried 5-0. Mayor Vandergrift stated he was going to leave the meeting to be with his wife at the Ocoee Care Center, and he turned the gavel over to Mayor Pro Tem Hood. G. FIRST READING OF ORDINANCES 8. First Reading of Ordinance Establishing a Process for the Registration of Real Property located within the City to Protect Neighborhoods from Becoming Blighted through the Lack of Adequate Maintenance and Security of Abandoned Properties or Properties in the Process of Foreclosure. (Second Reading and Public Hearing scheduled for November 6, 2012, Regular Commission Meeting at 7:1 S p.m. or soon thereafter). (Police Chief Brown) Multiple municipalities in Florida have established an abandoned residential property program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. These properties not only create code violations, but they also produce fire hazards, as well as attract children and the homeless. They are taken over by squatters and house criminal enterprises. These issues are compounded when the individual property ownership is being disputed and the property does not have up-to-date contact information. Without a registry, police and code enforcement are unable prosecute or even trespass the individuals involved, leaving the properties subject to further neglect. Page 6 City Commission Regular October 16, 2012 City Attorney Cookson read the title of Ordinances. Mayor Protem Hood announced the second reading and public hearings will be held on November 6, 2012, at 7:15 p.m. or soon thereafter. H. PUBLIC HEARING 9. Resolutions for Health Central Rights -of -Way Vacation Request — Arlington Avenue, Division Avenue, Jane Street, and Rowe Avenue (Advertised in the Orlando Sentinel Legal Classified on October 4, 2012). (City Planner Rumer) The rights -of -way exist on property owned by Orlando Health Central Inc. and were annexed into the City limits back in 2010. The rights -of -way are located in areas that were used to access single-family dwellings that were bought and condemned by Orlando Health Central Inc. The subject area is located within Target Area 3 of the CRA Target Area Special Development Plan. The proposed vacation of the subject rights -of -way will help facilitate future expansion of the Target Area 3 plan. Several of the rights -of -way have existing utilities contained within areas and have entered into separate easement agreements with the affected companies. Division Street contains a 12" water main running on the western edge. A utility easement dedicating rights to the City over the 12" main is provided in the vacate resolution for Division Street. All other affected utility companies were contacted by staff. No letters of objection were received from said companies. The roadways are not considered arterial or collector roads. Since the roadways are neither a collector nor an arterial road, a Planning & Zoning Commission recommendation is not required. City Planner Rumer advised that before them are resolutions to annex property owned by Health Central into the city. There are four resolutions for approval for each of the right of way areas on the following streets: Arlington Avenue, Division Avenue, Jane Street, and Rowe Avenue. Mayor Protem Hood opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Keller moved to adopt Resolutions 2012-011, 2012-012 2012-013, and 2012-014, approving the vacation of right -of way areas on Arlington Avenue, Division Avenue, Jane Street, and Rowe Avenue as recommended by staff. Motion carried 4-1 with Mayor Vandergrift absent. The resolutions as adopted carry the following titles (property legal descriptions omitted from titles for summary purposes): RESOLUTION NO. 2012-011 (Partial Vacation of Right of Way Resolution for Jane Street and Rowe Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF JANE STREET, A 60.00 FOOT WIDE RIGHT-OF- WAY AND ROWE AVENUE, A 60.00 FOOT WIDE RIGHT-OF-WAY AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION I RECORDED IN PLAT BOOK "O", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. RESOLUTION NO. 2012-012 Page 7 City Commission Regular October 16, 2012 (Partial Vacation of Right of Way Resolution for Jane Street and Arlington Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF JANE STREET, A 60.00 FOOT WIDE RIGHT-OF- WAY AND ARLINGTON AVENUE, A 60.00 FOOT WIDE RIGHT-OF-WAY AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION l RECORDED IN PLAT BOOK "O", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. RESOLUTION NO.2012-013 (Partial Vacation of Right of Way Resolution for Arlington Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF ARLINGTON AVENUE, A 30.00 FOOT WIDE RIGHT- OF-WAY AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "O", PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. RESOLUTION NO.2012-014 (Vacation of Right of Way Resolution for Division Avenue) A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF DIVISION AVENUE, A 60.00 FOOT WIDE RIGHT-OF- WAY AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "O", PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. I. REGULAR AGENDA —None J. STAFF ACTION ITEMS - None K. COMMENTS FROM COMMISSIONERS Commissioner Keller— reminded everyone to get out and vote on November 6"i. Commissioner Johnson — 1) shared that he read the in the paper that they are planning to name the new airport "Apopka Airport" and does not feel the city should put any money into that. City Manager Frank explained their main interest in participating with this airport was to get a seat on MetroPlan; now that it is not going to happen we have no plans to give them any money at all. He added that Apopka has paid for the feasibility study and other costs. 2) said the Jimmy Hager Memorial Bench was damaged and asked when it will be relocated and reinstalled. Parks and Recreation Director said that they have it ready to install if he gets direction on where to place it. The consensus of the commission was to place it on Oakland by the saw grass and flower bed where you can sit and watch fishing. Hopefully, that will deter the skateboarders from further damaging it. Commission Johnson asked if they can delay the installation until after Founders Day. Commissioner Wilsen - None Mayor Protem Hood — reminded everyone about Founder's Day is coming up November 5"' and 6"i, 2) said there is no school on Friday, so be careful driving, 3) told people to come out for the Ocoee High School Homecoming Parade and game on Thursday night at Wekiva High School 2) reminded everyone that there is no school on Friday. Page 8 City Commission Regular October 16, 2012 ADJOURNMENT The meeting was adjourned at 8:14 p.m. Attest: iikenberry, City Cler APPROVED: City of Ocoee S. Scott Vandergrift, May r Page 9