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01-15-13MINUTES January 15, 2013, 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. 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 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 FX Design Group Presentation of 9 -11 World Trade Center Steel Display Stand FX Chief Strategy Officer Bob Gravely introduced his team and briefly spoke on how they helped design and crafted the 9 -11 World Trade Center Steel display stand that they unveiled and presented to Ocoee Fire Chief McNeil. Ocoee Fire Chief McNeil recognized Firefighter James Kelley for coming to him and suggesting that they consider taking the steel from the trade center to FX Design. He further recognized John Pedalino with the We Will Never Forget 911 Foundation and thanked FX Design. The 9 -11 World Trade Center Steel display monument will be shared with many schools for education purposes and placed throughout different public places. It will start off being displayed at the new fire station located at Fountains West. Mayor Pro tem Hood recognized two boy scouts from Troop #210, Chris Pedago and Jason Clineberg, who are both present tonight to earn their Citizenship Eagle Badges. It was requested that Ocoee Fire Chief McNeil's grandson James, as well as the two boy scouts, be the first students to touch the 9 -11 World Trade Center Steel. S min. recess was taken for photo op with the 9 -11 World Trade Center Steel display stand. Lellislative Update by Gray Robinson, P.A. Chris Carmody & Robert Stuart with Gray Robinson gave a brief legislative update on what has occurred in Tallahassee with the election, as well as, a brief overview of the local legislators that serve Ocoee and the surrounding area. Key dates and issues for the 2013 Session were also provided. After the presentation, Commissioner Keller inquired if Florida House Rep. Darren Soto had a small piece of Ocoee in his district. It was answered that they believed he did. Commissioner Keller thanked Mr. Carmody and Mr. Stuart for the three bills they spoke on. He further advised that one of the issues they have with Code Enforcement always has to reduce funds and if there was some way to get the legislator to make it easier on the cities that would be very helpful. Commissioner Keller said he is looking forward to working with Dan Gates, who is very much a pro school person and he believes at one point was the chairman of that committee. City Commission Regular January 15, 2013 R.P. Monacky, 1820 Prairie Lake Blvd., asked for clarification on where the Governor will be funding jobs. It was shared that the Governor just spoke the other day about providing $40 million in funding to the Jacksonville Port Authority but it is a matter of opinion on whether the Governor is funding jobs since some will say the Governor has not provided any jobs. C. COMMENTS FROM CITIZENS /PUBLIC Jerald Jordan, 2079 Hargate Court, asked if there is something that can be done by the city as far as enforcement on Hackney Prairie Road. Mr. Jordan's home is on the corner of Hargate and Hackney Prairie and he has witnessed a traffic problem on that roadway with speeders. He explained that since 2005 he has sent over 250 e -mails and has spoken to numerous employees within the city regarding that road; however, to date nothing has been done and he constantly sees people running the stop sign. Mr. Jordan is before the commission to inquire what can be done since the traffic is only going to get worse once the school is completed. Commissioner Keller said he has met with Mr. Jordan at his address and personally has seen cars speeding past the stop sign. The Commission was in agreement with Mr. Jordan that there is an issue and that changing the behavior of the drivers by increasing enforcement, and/or speed bumps will help. Lt. Dreasher said that he has spoken with Mr. Jordan and P.D has gone out but they are not finding many violators. Meetings with Public Works Director Krug and Support Services Director Butler have occurred to come up with ideas on how they can redesign the roadway once the construction of the school is done, that may help with a lot of the issues that are occurring. Mayor Pro tem Hood said at this time they can continue to do radar patrol for enforcement until a model design can be done. Mayor Pro tem Hood asked the city manager if there was any way they can look at funds mid -year to see if they can put speed tables out in that area. City Manager Frank said they can look at it internally and it is possible that there may be some funds mid -year. A brief discussion ensued on speed tables and it was decided since the road is currently closed off due to the construction of the school they can increase patrol and put flashers on the stop signs until mid -year when they can consider the speed tables. Mr. Jordan advised that a crosswalk from the park would also be requested since there is no way for the children to cross over other than that busy intersection. City Manager Frank advised they will take a look at all the issues internally. Tim Alcuri, 2113 Ancient Oak Drive, said there has been an increase in activity and noise from the Prairie Lake Park off of Hackney Prairie Lake. He lives 375 ft. from the location of the park and the noise is disruptive that he has sent out e -mails regarding the noise to the Mayor and P.D. Mr. Alcuri says he has witnessed activities in that park that he does not believe the city approved with the issuance of the rental of the pavilion. Some of the activities at the park he feels have also contributed to the home invasions in the neighborhood. The solution he would like to suggest is to have Ocoee P.D. go by the park once or twice or even put video surveillance at the park. Mr. Alcuri shared audio that he recorded on his cellphone of music that he can hear while sitting in his home. He would just like for the city to please enforce the noise ordinance that is currently in place. Mayor Pro tem Hood said he would like to have P.D. increase patrol in the park since he has personally noticed a lot of graffiti that goes on in the pavilion, as well. Deputy Chief Goelon said that P.D. is working with Parks and Recreation Department and they will be bringing a resolution to change park hours. Brief discussion ensued on the changing of parks hours and camera surveillance at the parks. It was strongly urged by Commissioner Page 2 City Commission Regular January 15, 2013 Johnson that they consider putting cameras out for surveillance. City Manager Frank advised that they have a couple of good ideas and there may be money in the contingency, so they can bring this discussion back to the next meeting. Commissioner Johnson advised that they had a resident donate money to the Recreation Department that has never been used and he can speak with parks staff since he knows the person who donated that money would not have a problem with putting cameras in the park. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following announcements: 1) Staff would like to pull Consent Agenda Item 47 and bring it back sometime next month. 2) There are two (2) Emergency Items on the dais in front of them to be addressed. Mayor Pro tem Hood declared the following items Emergency Items: Emergency Item #1 - Approval of Code Enforcement Agreement'- with Town of Windermere. Support Services Manager Butler gave a brief summary of the services that were negotiated with Windermere for Code Enforcement. Questions were asked about the hourly rate and if the City of Ocoee logo was covered when the officer works in the Windermere area. City Manager Frank explained they were very conservative in the numbers and took into consideration everything it would cost to service Windermere, as for the logo, a magnetic sign is put alongside the city logo and not over it. To keep the officer from having to change uniforms a patch will be created to include Windermere. Commissioner Wilsen, seconded by Commissioner Johnson moved to approve the Code Enforcement Agreement with the Town of Windermere Motion carried 4 -0 with Mayor Vandergrift absent. Emergency Item #2 Approval of contracting with Columnar Development, LLC for the installation of additional 16 inch reuse main along McCormick Road in conjunction with Brynmar Subdivision. City Manager Frank explained last year they came into agreement with the County for re -use water from the plant on McCormick Road. Columnar's contractor has .provided a cost proposal for performing the work in the amount of $182,149.30 which would cover 1600 linear feet of piping that the city will not have to do on the other project. Its money they will be spending now but not in the future so it is not an additional $182,000. City Engineer Wheeler shared this is work that is being done in conjunction with the Bynmar Subdivision. Commissioner Keller, seconded by Commissioner Wilsen moved to approve contracting with Columnar Development LLC for the installation of additional 16 inch reuse main along McCormick Road in conjunction with Brynmar Subdivision. Motion carried 4 -0 with Mayor Vandergrift absent E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — condolences to the Mayor and his family on the loss of his wife having had a loss himself at 26 years of age he understands how hard this time is. Page 3 City Commission Regular January 15, 2013 Commissioner Johnson — condolences to the Mayor and his family. Services to celebrate the life of Beth Vandergrift are scheduled for loam on Saturday, January 19` at Starke Lake Baptist and an open house is to follow at the Vandergrift residence. Commissioner Wilsen — 1) also extends her sincere sympathy to the Mayor and his family. 2) announced there is a Rain Barrel Workshop on February 2 nd at 9am, please call Utilities Department if interested. Mayor Pro tem Hood — condolences to the Mayor and his family and if there is anything they may need they may reach them via the city. City Manager Frank advised that he has already extended the offer. F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #6 excluding Item #7 which is being pulled to be heard at a future meeting. Motion carried 4 -0 with Mayor Vandergrift absent. 1. Approval of Minutes for the Regular Commission Meeting Held December 18, 2012. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. 2. Appointment to the Human Relations Diversity Board. (City Clerk. Eikenberry) Members of the Human Relations Diversity Board serve two -year terms. Currently the Human Relations Diversity Board has thirteen (14) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. There is one (1) vacant position available. We do currently have one application on file from Tim Henderson with an interest in serving on the board. Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. 3. Approval of 4 -Year Lease- Purchase Agreement with SunTrust Bank for (1) Sideloader: Demonstrator Garbage Truck and (42) sets of Firefighter Structural & Wildfire Protective Clothing. (Purchasing Agent Tolbert) The budget for Fiscal Year 12/13 includes the four -year lease- purchase of (1) Sideloader Demonstrator Garbage Truck ($180,000.00) and (42) sets of Firefighter Structural & Wildfire Protective Clothing ($92,190.00). Both purchases were approved by the City Commission on December 18, 2012. Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. 4. Approval of Traffic Enforcement Agreement with Wesmere. (Police Chief Brown) A traffic enforcement agreement is required by Florida State Statues 316.006(2) in order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivision. Wesmere Maintenance Association, Inc. (aka Homeowners Association) is requesting such an agreement. The term of this agreement shall be two (2) years from the effective date and will automatically renew for an additional two (2) year period unless terminated by either party with 60 day written notice. Other than the dates, this is the same agreement previously updated and reviewed by the City Attorney and approved by the City Commission in 2010. Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. Page 4 City Commission Regular January 15, 2013 5. Approval of Purchase of Fire Department Digital Radios. (Fire Chief McNeil) The FY 2012/2013 budget provided $31,902 for the purchase of six (6) Motorola XTS 5000 digital portable radios, one (1) XTL 5000 digital mobile radio, and related accessories. These radios are necessary in order to bring the department's radio inventory to the same level as it was prior to the Orange County radio system switching to digital in early 2012. Due to budgetary constraints, only the minimum number of radios needed to maintain normal operations were purchased during FY2011 -12. The addition of the requested radios will equip Reserve Engine -39, as well as provide needed back -up radios and the availability of radios for special events and disasters. Motorola radios must be purchased. Motorola is a sole source provider for these radios and the attached quote, totaling $30,888.85, which reflects the Broward Sheriff's Office contract pricing. Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. 6. Approval of 201212013 Budget Vehicle/Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's (FSA) annual contract. Public Works approached local vendors to determine if the FSA would provide the best possible pricing. Public Works found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing. The following vehicles and equipment are adequately funded in the 2012/2013 Department budgets: one (1) Street Sweeper Tymco Model 600 (Stormwater), two (2) Ford 4x4 F -150 Long Bed Pickup (Stormwater), two (2) — Ford Transit Connect Van (Facilities), one (1) Ford 4x2 F -150 Long Bed Pickup (Recreation), and one (1) — Ford 4x2 F -150 Short Bed Pickup (Utilities). Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. 7. Approval of the Vineyards Homeowners Association Agreement for Upgraded Street Lights. (City Engineer Wheeler) The Homeowners Association Agreement for Upgraded Street Lights was proposed by Staff and Legal Counsel and agreed to by the Vineyards HOA. Once the Agreement is executed by the City, the HOA will pay the upgraded street light cost differential and pursue the replacement of the lights with Progress Energy. The City began billing the HOA for the cost differential approximately one year ago when a review of all subdivisions and street lights was conducted. Therefore, the City will need to waive the past bills to the Vineyards HOA for the monthly cost differential for the current street lights. The street light payments from the HOAs are not listed as a revenue stream in the City's Budget but are credited against the expense line item in the Budget for payments to Progress Energy for all street lights in the City. This item was pulled and will be heard at a future meeting. G. PUBLIC HEARINGS - None H. FIRST READING OF ORDINANCE 8. Arden Park PUD - Amendment to the PUD/Land Use Plan. (Second Reading and Public Hearing scheduled for February 19, 2013, Regular Commission Meeting at 7 :15 p.m or soon thereafter). (Principal Planner Fabre) The Arden Park PUD was originally approved for a maximum of (595 SFR + 330 TH) 925 dwelling units. The Land Use Plan originally indicated townhomes on the northern portion of the PUD; however, due to the current market conditions, the applicant has modified the plan to include only single- family as the primary residential use. Accordingly, the Land Use Plan was amended to reflect the Applicant's request. City Attorney Cookson read the title of the Ordinance. Mayor Pro tem Hood announced the second reading and public hearing will be held on February 19, 2013, at 7:15 p.m. or soon thereafter. Page 5 City Commission Regular January 15, 2013 I. REGULAR AGENDA 9. Approval of Placement of Two (2) Additional Cameras for the City of Ocoee's Traffic Light Safety Program. (Police Chief Brown) The City of Ocoee Traffic Light Safety Program started with two (2) red -light cameras in July 2009. In December 2010, an additional three (3) cameras were added to the program. The program has been very successful in reducing crashes at the intersections with camera enforcement. It has also provided valuable evidence in criminal investigations, including homicides The City of Ocoee is now prepared to negotiate with American Traffic Solutions (ATS) for an additional two (2) cameras which have already been approved in the FY 2012/2013 budget. Based on studies of red light violations and traffic crash data, the following intersections are recommended for new camera placement: Westbound State Road 50 a Blackwood Avenue (Districts 2 and 3/ Comm. Wilsen and Johnson) Eastbound Silver Star Road @ Clarke Road (Districts 2 and 4/ Comm. Wilsen and Keller) Other intersections that can be considered are: West Road @ Ocoee Apopka Road (District 1/ Comm. Hood) Westbound Silver Star Road @ Clarke Road (Districts 2 and 4 Comm. Wilsen and Keller) Northbound Ocoee Apopka @ Silver Star Road (District 3/ Comm. Johnson) Southbound Ocoee Apopka a Silver Star Road (District 3/ Comm. Johnson) Eastbound State Road 50 (a Bluford Avenue (District 3/ Comm. Johnson) The cameras and operation of the program are paid for by the red -light violators through fines. Lt. Dreasher briefly explained that the city currently has 5 red light cameras and they budgeted for two new cameras this year. He reviewed statistics which included the number of tickets that have been written annually since the first two cameras were installed: 3376 in 2009; 14,000+ in 2010 (five cameras); 8,000+ in 2011; and 8,300 in 2012. He emphasized the distinct decrease in violations after 2010, the first year all five cameras were operational. He gave a PowerPoint presentation showing various locations and number of tickets that have been issued. He showed a video of many crashes and red light violations at the five intersections in the city where red light cameras have been installed. He said, based on crash reports and other statistics, the police department recommends adding cameras at the following two locations: 1) Westbound State Road 50 @ Blackwood Avenue and 2) Eastbound Silver Star Road @ Clarke. He displayed a list of five other locations that may also be considered. Lt. Dreasher also explained how the cameras have been used for other things; he gave an example of how a homicide investigation was assisted when the perpetrator was recorded going to and from the scene. The cameras have been instrumental in identifying certain vehicles that the police they are trying to place in certain areas at certain times. Having cameras that are known to be recording 24/7 are also a crime deterrent. Commissioner Keller and Commissioner Hood discussed that the benefits the city is receiving from safer driving and crime deterring far outweigh the financial benefits. Lt. Dreasher added that the best thing about the cost factor is there is no cost to the taxpayer, only to those who violate the law. Commissioner Keller asked about how the $4750 per month is being paid. Lt. Dreasher said after all costs are paid the city is netting about $25,000 per month. Commissioner Keller inquired if there was enough money to get a third camera because he agrees with Commissioner Johnson that one is needed at Maguire and SR 50. Lt. Dreasher said that could only be done on the westbound side. There was discussion about the manpower and cost of adding an additional camera. City Manager Frank stated that adding two will bring in a lot of additional workload; he is not sure about the staffing required for three more cameras. Lt. Dreasher said they only Page 6 - -- _ City Commission Regular January 15, 2013 budgeted for two cameras, that is why they are asking for two at this time, however he did believe they could handle a third new camera if that is the wish of the commission. Commissioner Johnson said if the cameras are saving lives, we need to continue reinvesting the profits for more cameras. Lt. Dreasher said the state previously did not allow red light cameras on state roads, but laws changed and now it is allowed. After the discussion, a motion was made for three new red light cameras. Commissioner Keller, seconded by Commissioner Johnson, moved to approve the placement of the two red light cameras as recommended by staff: 1) Westbound State Road 50 (ab_ Blackwood Avenue and 2) Eastbound Silver Star Road (aD Clarke; as well as an additional one at 3) Westbound State Rd 50 (a� Maguire Rd. Motion carried 4 -0 with Mayor Vandergrift absent. 10. Approval of Brynmar Final Subdivision Plan - Waiver Request. (Principal Planner Fabre) The Brynmar Subdivision is located on the southeast corner of Ingram Road and McCormick Road. The Applicant /Developer is requesting a 5 -feet waiver from the required minimum rear setback of 30 -feet as set forth in Table 5 -2 of the City of Ocoee Land Development Code for R -IAA zoning. The requested waiver affects only internal Lots 56 -83 (Lots 28 -55 of the Brynmar Phase 1 "Plat ") of the Brynmar Subdivision. In other words, the applicant is proposing a development standard of 25 -feet minimum rear building setback on lots 56 -83 of the FSP. The Applicant is requesting this waiver in order to provide a wider range of home products for potential home buyers. It should be noted that the Applicant was not the original developer of the subdivision and that their home products varied from the original home builder's products. For that reason, adhering to the rear building setback requirements with the depth of the existing lots proved to be problematic for the current Applicant /Developer. The engineer of record has also submitted a letter that states that the increase of potential buildable square footage should not adversely affect the subdivision stormwater drainage system. Principal Planner Fabre stated there are technical issues with the video presentation, so he gave a brief overview of the Brynmar Subdivision (formerly Ingram Estates). It is under construction at this time. It was previously approved by the commission in 2007, but after the economy went bad the building ceased. The new owner (Beazer Homes) has been making infrastructure improvements. They noticed some issues with lot size, particularly the depth. They are requesting a 25 ft. minimum set back. Staff looked at the feasibility and found that there would be no issues with stormwater, etc. He added that is the standard setback for McCormick woods across the street. This will prevent future homeowners from individually seeking setback waivers in the future. Commissioner Keller said they are doing it in McCormick Woods already and he sees no problem with it. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Brynmar Final Subdivision Plan - Waiver Request for 25 foot minimum rear set back, as presented by staff. Motion carried 4 -0 with Mayor Vandergrift absent. Page 7 City Commission Regular January 15, 2013 11. Approval of Resolution for Extension of Temporary Signage Policy. (City Planner Rumer) On January 19, 2010, the City passed resolution 2010 -002 which temporarily granted business the opportunity to use prohibited signs such as banner signs, inflatable signs, pennants and other media for four non - consecutive two week periods. A respectable number of businesses have utilized the opportunity and asked that it remain in place for a period to help with the economic conditions. Staff recommends that the Honorable Mayor and City Commission adopt a resolution that would extend the use of the temporary grand opening to four times per year until January I, 2014, with provisions of the permit remaining as they currently exist. City Planner Rumer advised that they are requesting to extend the use of the temporary grand opening to four times per year until January 1, 2014, with provisions of the permit remaining as they currently exist. This would allow signs at their business, no permitted by code, to be placed for two week periods and no more than four times per year. Commissioner Johnson said the main reason we did this is for business to draw more attention during these hard times. City Attorney Cookson read the title of the Resolution. Commissioner Johnson, seconded by Mayor Pro tem Hood, moved to approve Resolution No 2013 -001 for Extension of Temporary Signage Policy as recommended by staff. Motion carried 4 -0 with Mayor Vandergrift absent. The resolution as adopted carries the following title: RESOLUTION NO. 2013 -001 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, FINDING THAT CURRENT ECONOMIC CONDITIONS JUSTIFY THE TEMPORARY AUTHORIZATION OF CERTAIN SIGNS; AUTHORIZING THE ISSUANCE OF PERMITS FOR THE TEMPORARY USE OF CERTAIN SIGNS BY RETAIL BUSINESSES FOR FOUR NONCONSECUTIVE TWO WEEK PERIODS PER CALENDAR YEAR; PROVIDING FOR THE EXPIRATION OF THIS AUTHORIZATION ON JANUARY 1, 2014; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. F. STAFF ACTION ITEMS _ FROM COMMISSIONE Commissioner Wilsen 1) said she received an invitation to the Big Orange Awards and was wondering if they would be getting a table this year, or just a few seats. City Manager Frank said they do it every year and it should be on the list of items that area automatically budgeted. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve the purchase of a table for $375 at the Big Orange Awards event. Motion carried 4 -0 with Mayor Vandergrift absent. 2) Reminded everyone of the Rain Barrel Workshop on February 2, 2012. Call the Utilities Department for more information. - -- - - -- - -- — - - Page 8 City Commission Regular January 15, 2013 Commissioner Johnson 1) said there are no sidewalks or traffic calming devices on Geneva Street going toward the park and cemetery and kids are walking in the street. We need to do something there because it is dangerous. There was discussion about different traffic calming measures. 2) said they need to look into purchasing more land by the cemetery. City Manager Frank said most of the land to the south is prime commercial. Commissioner .Johnson said we are already selling niches in the columbarium. 3) stated that the PUD for the mosque on Floral Street will also bring about a greater need for sidewalks in that area. Currently the school kids walk down that street as well. 4) also, we need to address sidewalks on Kissimmee, as the traffic there is fast 5) asked Public Works Director about the Maguire Road landscaping. Mr. Krug said that we just started making incremental improvements as budget money comes in; we had some savings to from a landscaping project on the north end that was used.6) Ohio Street to Delaware Street sidewalks 7) sidewalks are popped up on Bluford and throughout his neighborhood on Cumberland and Delaware; need to look at those for repairs. Commissioner Keller advised if they are looking at sidewalk repairs there are several IIOAs in District 4 that have the same issues. Commissioner Wilsen inquired about the columbarium and if they are selling. City Clerk Eikenberry advised there has not been any advertising yet due to the delay of the installation of benches and landscaping, but there is a waiting list of three people and the Mayor purchased two. Commissioner Wilsen asked the price. Ms. Eikenberry stated $1000 for residents, $1500 for non- residents. Commissioner Wilsen said she is interested in more colurnbariums in the future. Mayor Pro tem Hood asked staff to look into getting a few more. There was discussion about how the cemetery is looking better. Commissioner Johnson asked if the landscaping has been done, to which Support Services Director Butler stated sod has been placed there and the benches are on order. Commissioner Keller -- None Mayor Pro tem Hood — None AD JOURNMEN T The meeting was adjourned at 9:05 p.rri. Attest: APPROVED: City of Ocoee S. Scott Vandergrift, Mayo' _ _ Page 9 __