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08-06-13MINUTES August 6, 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 Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Proclamation — The First Dav of School Celebration — August 19, 2013 Mayor Vandergrift proclaimed August 19, 2013, as The First day of School Celebration. Proclamation was presented to Ocoee High School Principal Floyd. Presentation to Recognize Commissioner Wilsen for Being a Part of the League's Tri- County Advocacy Team Pilot Project, Kathy Till, President of Advocacy Consultant for Florida League of Cities, Inc. — This item was postponed to the August 20 Commission Meeting. C. COMMENTS FROM CITIZENS/PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the Budget Workshop dates are August 14th and 28th at 6:00 p.m. Budget Hearing dates are September 11th and 26th at 6:00 p.m. All meetings are in the commission chambers. He further announced there was some interest in cancelling the September 3 rd meeting because it falls the day after Labor Day. Additionally there is a Special Meeting scheduled for September 5 1 ''. Commissioner Keller, seconded by Commissioner Wilsen, moved to cancel the Regular City Commission Meeting for September 3, 2013. Motion carried 5 -0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — 1) announced the Parks and Recreation Department is accepting registration for its Before and After School Camp Program for children 5 to 14 years of age. Parents that are interested in registering their children for the camp should contact the Parks and Recreation Department at 407 - 905 -3180. 2) the Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, August 16st, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and the movie "Oz The Great and Powerful" will be shown during the event; the movie will start at 8:15 p.m., so come out and enjoy a dinner and a movie in the park. 3) shared that he spoke with Police Chief Brown regarding the Red Light Camera changes and wanted to remind the citizens that an officer may still issue a ticket if they witness a citizen not stopping before the white bar when making a right turn on red. Commissioner Johnson — announced Support Services Community Relations is holding its annual Calendar Photo Contest. The public is invited to give it their best shot and enter photos that showcase the beauty and uniqueness of Ocoee. Winning photographs will be published in the city's 2014 Community Calendar. The deadline for submissions is September 16"'. Photo entry forms are available at www.ocoee.org. Commissioner Wilsen — announced that on August 8"' at 6:00 p.m., Representative Randolph Bracy will be at Ocoee City Hall for a Town Hall Meeting. She hopes that citizens will come out and show support. Mayor Vandergrift inquired if it would be televised. City Manager Frank advised that they typically do not, but in the past if they had a State Representative who has requested the meeting to be televised, they will charge them for it. Commissioner Grogan — announced the Citizen Police Academy is from 6:00pm to 9:00pm at City Hall. This program is eight weeks long (32 hour program). Classes meet eight straight Wednesday evenings starting on Wednesday, September 4, 2013, from 6:00pm to 9:00pm in the Commission Chambers. This academy is taught by Ocoee Police Officers or industry experts, funded by donations and free to residents. Topics include department overview, station tour, police equipment, laws and crimes, domestic violence, traffic enforcement, use of force simulator, firearm laws & safety, crime prevention, forensics and participants are eligible for one ride -along with an officer on normal patrol. Commissioner Keller shared that the Police Department may want to look into the availability of the commission chambers for September since there will be a Budget Hearings in September. Commissioner Wilsen clarified that there is only one meeting in September that may affect their program. Mayor Vandergrift — announced the Ocoee area has something new to celebrate. A new temporary facility for Clarcona Elementary School is now open and ready to serve students in west Orange County. You may visit the new school to find out why Orange County Public Schools is the best choice for student success. He briefly read a few of the school's new features. The tour of the new campus will be 12 -6 p.m. on Thursday, August 15, 2013. F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #4. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held July 16, 2013. (City' Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Approval of C2Logix Route Optimization Solutions for Sanitation Routing Services. (Public Works Director Krug) The 2011 -2012 City Sanitation Division budget included the purchase of a GPS tracking system for the Sanitation trucks and the development of optimized collection routes within the City. In March 2012, Sanitation purchased Zonar hand held GPS tracking units for the trucks which allowed Public Works to track where the trucks had traveled and when, along with when the collection arm was extended. Sanitation is at a point in their improvement process to apply route optimization. Route optimization involves utilizing a service to develop collection routes within the City based on current demand and future growth. Public Works investigated firms specializing in routing services for the 2011 -12 budget and found few firms possessed the capability to create routes for residential collection with more than 500 way points or stops. The City's five (5) daily collection routes currently average 750 stops each with the anticipation of easily hitting 1,000 stops as the City continues to expand. Public Works also met in 2011 with the Orlando Utilities Commission (OUC) which had completed a Request For Proposals (RFP) for similar routing services. After discussing the merits of the respondents and meeting with capable firms, C2Logix — Route Optimization Solutions (C2Logix) provided the best fit for the City with the ability to integrate our existing GIS system into their programming and seamlessly load designed routes into the Zonar devices in the trucks. C2Logix is also the same firm which OUC awarded their RFP for similar services. C2Logix provided pricing to the City in 2011 which was incorporated into the 2011 -12 budget. Public Works recommends awarding the Sanitation route optimization to C2Logix based on the OUC RFP 30060Q, for a not to exceed amount of $39,700.00. Approved on Consent. Motion carried 5 -0. Approval of Two -Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with Colonial Bluford, LLC for Ocoee Town Center. (City Engineer Wheeler) Ocoee Town Center is a 36.08 acre commercial development located at the northwest corner of West Colonial Drive (SR 50) and Bluford Avenue. Phase 1 of the development includes four lots on 8.60 acres of the property, with the Race Trac facility on lot #1. The developer has completed construction of the infrastructure improvements for phase I and has requested a Certificate of Completion. The infrastructure improvements include the water, sanitary sewer, and reuse utilities, the streets and stormwater collection system, and the perimeter wall. All identified punch list repairs have been completed and the developer is ready to start the two -year warranty period. As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover any possible damages discovered during the next two years, should the developer not choose to make those repairs. Colonial Bluford LLC has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements. The Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) acts as the executable document between the developer and the City for that surety. The surety will be returned to the developer upon completion of the two -year warranty period and the repair of any damages caused over that two year period. Approved on Consent. Motion carried 5 -0. 4. Approval of Release of Escrow Agreement Funds from Centex Homes to Orange County for Improvements to Ingram Road. (City Engineer Wheeler) The Ingram Trails subdivision is located on the west side of Ingram Road north of the intersection with Clarcona -Ocoee Road. The development was approved at the May 2, 2006, City Commission Meeting. As part of the subdivision approval, the City also executed the Ingram Road and Clarcona -Ocoee Road Escrow Agreement between Centex Homes, Orange County, and the City. That agreement allowed Centex Homes to place funds in escrow to cover construction of certain improvements on Ingram Road. Dewitt Excavating Company has been constructing the last phase of the widening of Clarcona -Ocoee Road. Their contract started in May of 2012 and is projected to run until May of 2014. Dewitt has completed the road improvements to Ingram Road that were required by the City and County back in 2006/07 as well as the installation of the City's reuse pipeline under that section of Ingram Road. Therefore, the County is requesting release of the escrow funds to pay for those certain improvements. The actual cost of the improvements exceeded the escrow fund limit. Therefore Centex Homes will not be receiving any of the funds in return. Orange County will be making up the small difference in the actual cost. Although the City required the improvements, the City had no monetary funding in the road improvements to Ingram Road. Approved on Consent. Motion carried 5 -0. C . SECO READING OF ORDINANCE - P H 5. Second Reading of Ordinance for Establishment of a Fire Protection Assessment Ordinance Replacing Section 77 -1 through 77 -9 of the City Code. (Advertised in the Orlando Sentinel on Monday, Judy 22, 2013). (Assistant City Manager Shadrix) For consideration is the proposed Fire Protection Assessment Ordinance. The, purpose of this Ordinance is to (1) provide procedures and standards for the imposition of Citywide Fire Protection Assessments under the general home rule powers of a municipality (2) authorize a procedure for the funding of Fire Protection services, facilities, or programs providing special benefits to property within the City; and (3) legislatively determine the special benefit provided to Assessed Property from the provision of the City's fire protection services. This Ordinance is a purely procedural document that outlines the steps necessary to implement a Fire Protection Assessment and provide for its collection pursuant to section 197.3632, Florida Statutes; it does riot prescribe a methodology or rates. This Ordinance repeals and replaces section 77 -1 through 77 -9 of the City Code. Mayor Vandergrift introduced the item and advised that this item had been advertised for public hearing on July 22, 2013. City Attorney Cookson read the title of the ordinance. Assistant City Manager Sbadrix introduced Heather Encinosa of Nabors, Giblin and Nickerson, and Jeff Rackley, consultant with GSG. They are the consulting experts in preparation of our fire assessment documents and they are here to answer any questions that may come up. The ordinance tonight is a public; hearing it establishes procedures and amends an existing ordinance for the purpose of repealing sections of the Code of Ordinances. It establishes the procedures for creation and assessment of an initial fire fee. He reviewed some history when the Commission considered a fire assessment in 2008 and stated a new methodology has been put into place that allows us to assess more equitably across the board and diversify our revenue. This will set up the program giving its the authority to implement a fire assessment program. Commissioner Wilsen asked who was exempt from non -ad valorem assessments. Ms. Encinosa said the ordinance has no exemptions at this time; it merely authorizes the city to grant exemption in the resolution. Right now the resolution exempts government property, church properties, and 50103 entities; however that is a local policy decision that will be established in the resolution. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Keller, seconded by Commissioner Grogan, moved to adopt Ordinance No 2013 -010, amending Ordinance No. 2007 -029 by Replacing Sections 77 -1 through 77 -9 of the Ocoee Code of Ordinances and Establishing a Fire Protection Assessment Ordinance. Vote was taken after discussion. Mayor Vandergrift noted that he had some concerns about the $69.50 being applied to most residential properties because those with lower incomes and lesser - valued homes will be hurt disproportionately more. He would like to consider exempting some from being part of it. Commissioner Johnson said he has not been in favor of it in the past but he would be in favor of it as long as we lower the ad valorem taxes. He would like to see it at $65.00 rather than $69.50. He would also like to look at the options of doing some capital projects. Commissioner Wilsen said she would like to implement the fire fee if they can work at. budget time to reduce the millage rate to the equivalent of the fire fee so that residents won't be adversely affected on their tax bill. City Manager Frank explained that homes costing approximately $150,000 - $175,000 would probably break even. Those with a house less than that may end up paying a few dollars more and those with homes valued more than that would pay a few dollars less. What we are proposing is that if the fire fee is implemented the millage rate could be lowered by '/2 mil and that would still provide about $4.50,000 - $500,000 of revenue that would allow for some projects such as SR50 widening, mast arms, landscaping, etc. and projects been continually bumped each year such as Maine Street extension. It would allow us to get some projects done and spread out the cost of the fire department more fairly. Mayor Vandergrift confirmed that this would be implemented for next year's budget (FY2013- 14). City Manager Frank added that it is too late to change this year. however we can reduce the stormwater non -ad valorem fee on the tax bill by about $12 starting next year. Vote was taken on the motion: Motion carried 4 -1, with Mayor Vandergrift opposed. The resolution as adopted carried the following title: ORDINANCE NO. 2013 -010 AN ORDINANCE, OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA; RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF OCOEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE PROTECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS INCLUDING A DEFINITION FOR THE TERM "FIRE PROTECTION ASSESSMENT "; ESTABLISHING A PROCEDURE FOR IMPOSING FIRE PROTECTION ASSESSMENTS; PROVIDING THAT FIRE PROTECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE PROTECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197. 3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENT'S AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS; PROVIDING AUTHORIZATION FOR EXEMPTIONS AND HARDSHIP ASSISTANCE; PROVIDING A PROCEDURE FOR THE COLLECTION OF FIRE PROTECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; REPEALING CHAPTER 77 OF THE CITY OF OCOEE CODE OF ORDINANCES (SECTIONS 77 -1 "THROUGH 77 -9) IN THEIR ENTIRETY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. H REGU LAR AGEND 6. Approval of Initial Assessment Resolution for Establishing a Non ad Valorem Fire Assessment for the City of Ocoee. (Assistant City Manager Shadrix) In 2008, the City of Ocoee adopted a resolution for non -ad valorem assessment of a fire fee, which was ultimately set at zero percent. At that time, the City had proposed a methodology that was based on a construction that levied more weight on non - residential properties. At the City Commission's direction, a new assessment has been created in collaboration with the firms Nabors, Giblin, and Nickerson and Government Services Group, both of Tallahassee. The new proposed assessment uses an enhanced methodology that takes into account the hazard class ratings of structures and existing protection versus simply evaluating the square footage by use. The enhanced methodology leverages NFPA (National Fire Protection Association) standards for firefighting. This methodology is based on fire flow, used as a proxy for resources necessary to provide fire protection services to specific buildings based on hazard class (risk) and size (square feet) of each building. The calculations result in a standard Fire Protection Unit that provides a more accurate correlation of fire protection costs to the benefits received by each building on each parcel of property. This methodology is also less regressive in relation to residential properties since it takes into account the actual square footage of each dwelling unit as opposed to treating all residential dwelling units the same. Additionally, this methodology allows for credits for sprinklers and potentially other fire mitigation measures. The proposed initial assessment resolution provides for the methodology for assessment and notification of all property owners, as well as providing for a credit based on the fire protection system in place for qualified properties, and is prepared consistent with Chapter 197 Florida Statutes. If adopted the Initial Assessment Resolution will establish the recommended apportionment methodology for the fire assessment program. It will set a maximum Fire Protection Assessed Cost of $1,637,295. 00 for the upcoming Fiscal Year and a proposed rate of $69.50 per net Fire Protection Unit. City Attorney Cookson read the title of the resolution. City Manager Frank said the fee was derived from figuring out how much of the fire department we were going to fund with the fire fee and we started with 25 %. "The $69.50 per Fire Protection Unit provides approximately 26.2% of the money needed to fund the Fire Department. Mayor Vandergrift asked if this will affect vacant lots in trailer parks. Ms. Eneinosa said you may notice in the title that one of the things specifically called out was a vacancy adjustment for mobile home parks which gives owners an opportunity to come in and demonstrate the vacancy and they would not have to pay a fire fee for those. City Manager Frank stated that the trailer parks in the City are not considered mobile homes. There was further discussion that the specific situations in Ocoee would have to be researched to see if they would be subject to the fire fee. Commissioner Johnson asked how many cities are participating in Fire Assessment programs. Ms. Encinosa said she was not sure, but there are hundreds of cities and counties throughout the state. She stated she can probably get an exact number for them at a later time. Commissioner Wilsen, seconded by Commissioner Grogan, moved to adopt Resolution No 2013 -010, establishing the terms and conditions and method of assessment for the Fire Protection Fee. Motion carried 4 -1, with Mayor Vandergrift opposed. The resolution as adopted carried the following title: Regular City Commission August 6, 2013 RESOLUTION NO. 2013 -010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS THROUGHOUT 'THE CITY OF OCOEE; ESTABLISHING THE TERMS AND CONDITIONS FOR A FIRE PROTECTION ASSESSMENT PROGRAM; DESCRIBING THE METHOD OF ASSESSING FIRE PROTECTION ASSESSED COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF OCOEE; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE PROTECTION ASSESSMENTS FOR THF, FISCAL YEAR BEGINNING OCTOBER 1, 2013; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL:.; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR A VACANCY ADJUSTMENT FOR MOBILE HOME PARK AND RECREATIONAL VEHICLE PARK PROPERTY; PROVIDING FOR FIRE, :FLOW MITIGATION CREDITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. �. AFF ACTION ITEMS = None ST COMMENTS FROM COMM _ Commissioner Grogan — commented that about a month ago he held a ]'own Hall Meeting with residents regarding the Pig Trail. He advised there was low attendance; however they had several concerns shared regarding three wheelers and four wheelers that are driving through that area in the evening. The conclusion discussed with staff was to put removable bollards at the three entrances which will help keep out the vehicles. Commissioner Grogan advised he spoke with the City Manager regarding funds being available to cover the cost of the bollards. Public Works Director Krug advised the removable bollards will have a protected lock so it will not be something that can be easily removed. Commissioner Grogan, seconded by Commissioner Wilsen, moved to spend $3 to install bollards at the entrance to the Pig Trail before school opens. Motion carried 5 -0. Commissioner Wilsen briefly inquired if there had been discussion regarding the parking by the Pig Trail, Commissioner Grogan said it was discussed and "No Parking" signs have been installed. He advised maybe in next year's budget they can put speed humps in that area to slow cars down. Commissioner Wilsen - reminder that on August 8 at 6:00 p.m., Representative Randolph Bracy will be at Ocoee City Hall for a Town Hall Meeting. Commissioner Johnson — 1) inquired who had picked the flowers that were planted around the columbarium. He f irtber shared the podocarpus plant draws bees and feels they need to replace it with something else such as a butterfly plant. He does like the roses they have out there. Parks and Recreation Director Hayes said the podocarpus were planted as a screen for that area but he will look into other options. 2) said there are a lot of broken sidewalks on Bluford Avenue and he is aware of children that are in wheelchairs that use that. sidewalk to go to school. City Manager Frank said that the City has a couple of resurfacing projects and he can make sure that Public Works Director Krug looks into those sidewalks as well. Public Works Director Krug advised they are replacing various areas of sidewalks over the next couple of weeks. _7 Regular City Commission August 6, 2013 Commissioner Keller — 1) announced that he was questioned regarding the Hackney Prairie School. and the gate that was installed at Rich Drive. The concern he received is that the gate is right next to the road and residents worry that children will go out the gate in the road before they stop. Residents inquired if there was a way to slow children down with possibly a swing gate. Commissioner Keller advised that one of the economical options he has reviewed with staff is a gate 4 -511 back from the actual opening so that it would slow the children down and they would have to go around it. The cost for the gate was estimated at $465.00 and will be handicap accessible. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve $465.00 to be used to place an additional pate on the new fence at Hackney Prairie Road. Motion carried 5 -0. 2) reminder Before and After School Camp Program for children 5 to 14 years of age. Parents that are interested in registering their children for the camp should contact the Parks and Recreation Department at 407 - 905 -3180. Monthly Food Truck Friday event and movie in the Park will be held on Friday, August 16th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. 3) shared that he would like to see the shooting range on the wish list for the upcoming budget. He was wondering if the cost could be split between Winter Garden, Ocoee, and Apopka since they have a partnership. This would allow those cities to use the range. Further shared that the National Rifle Association does offer grants for shooting ranges for Police Departments and thought maybe they could do something with them. Mayor Vandergrift commented that in Apopka there is a big piece of property that they may want to look into. Commissioner Keller said he would like to also see Rural Metro on the wish list since they are in the process of Chapter 1.1 and he would like to make sure the city has a contingency plan. He just does not want to see any issues with transport. Mayor Vandergrift inquired if the City was on a plan where they would be replacing Rural Metro at some point. Fire Chief McNeil explained they have a three year contract with Rural Metro. In relation to Commissioner Keller's concern, he has been in contact with the local Rural Metro Operations Manager and he has shared that locally there will be changes in operation; however, they have been in discussion with Orange County Fire Rescue and Winter Garden so they have a plan to implement if needed. Brief discussion ensued regarding the transport vehicles the city owns. Mayor Vandergrift announced without objection he would like staff to please look into a continge plan. Mayor Vandergrift — 1) commented that he has run out of candy for his container and inquired if it could be made part of the meeting room set -up to supply candy for the public. 2) commented that the lobby plants have been overlooked and he would like for someone to please be in charge of watering it. 3) inquired if anyone was assigned to look into rocking chairs for the porch. City Manager Frank advised there were some discussions but it never went further than that. Mayor Vandergrift said he feels someone should be assigned to see what it would costs of maybe even a program where people can get into sponsoring them. Mayor Vandergrift moved to replace the rocking chairs that were removed over the years on the front porch through either citizen participation or an outr purchase through the City. Motion died due to lack of second. 8 1Page Regular City Commission August 6, 2613 Commissioner Wilsen said she needs clarification on what he is asking and if clarification is made than she will second his motion. Mayor Vandergrift said he is asking for staff to look at the cost of the chairs and the possibility of the City purchasing them. At the same time have the City be aware that they can offer the citizens an opportunity to adopt a chair and. purchase one. Brief discussion ensued regarding if consensus was given in the past for staff to look into the rocking chairs. Commissioner Wilsen moved to purchase (3) three rocking chairs to be secure to the porch at staff discretion and for funds to come out of contingency, a a cost not to exceed $500 Motion died due to lack of second. Mayor Vandergrift asked for staff to please look into the rocking chairs. ADJOURNMENT Meeting adjourned at 8:19 p.m. Attest: Beth rikenberry, City Clerk APPROVED: City of Ocoee f f S. Scott Vandergrift, h ayor 91Page