Loading...
05-20-14MINUTES May 20, 2014, 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. Mayor Vandergrift 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. B. PRESENTATIONS AND PROCLAMATIONS Presentation of Officer of the 1st Quarter to Officer Daniel Schilling Vice Chair Laney gave a brief summary of events that led to the decision and awarding of Officer of the 1 st Quarter to K -9 Officer Daniel Schilling. Ocoee Police Chief Brown introduced Windermere Police Chief Ogden who earlier today presented the agency and Officer Shilling with a framed picture on behalf of the Windermere Police Department. Windermere Police Chief Ogden shared they hosted an appreciation luncheon to thank all the individuals and police officers that were involved in rescuing fallen Officer German. He further explained the significance of the pictures he presented to Officer Shilling and the Police Department. C. COMMENTS FROM CITIZENS/PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) Individuals still interested in registering for the Parks and Recreation Summer Camp Program may still do so. The Summer Camp is for children ages 5 to 14 and will run from June 9th to August 15th. For more information contact the Beech Recreation Center at 407 - 905 -3180. 2) The Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, June 20th, 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 "Frozen" will be shown during the event; the movie will start at 8:30 p.m. 3) The Ocoee Family Aquatic Facility is now open for the 2014 season. Information on the pool hours and admission costs can be found on the city's webpage www.ocoee.org or by calling the Parks and Recreation Department at 407 - 905 -3180. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — None Regular City Commission May 20, 2014 Commissioner Johnson — announced the Citizen Advisory Council for Ocoee Fire Department will be hosting an Open House on June 7 I from 10:00 am to 2:00 p.m. at Ocoee Fire Department Station 25. There will be free hot dogs, sodas, popcorn, helmets, coloring books, and handout for the kids, as well as, station tours, and free blood pressure checks. Commissioner Wilsen — 1) announced this Friday, May 23` at 11:00 am at the gazebo is the Memorial Day Ceremony. 2) welcomed the University of Florida Health Cancer Center that is located on Blackwood Avenue across from Texas Roadhouse. They had they open house today. Commissioner Grogan —None Mayor Vandergrift — welcomed the University of Florida Health Cancer Center, as well. F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1, #3, and #4 with Item #2 being pulled for separate consideration. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held May 6, 2014. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Code Enforcement Board Appointments; Consideration of Reappointment of Two Current Members. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the board technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three -year terms. Currently, there are no applications on file. The three -year terms of Members M. Scott Blynder and Robert Godek will expire June 1, 2014, and both members would like to be reappointed. Commissioner Johnson inquired if alternate members on the Code Enforcement Board are moved up should a regular member position become available. City Clerk Eikenberry advised that alternate members are generally recommended to be moved up once they confirm they would like to be a regular member. The board Chair usually confirms such recommendation by email. Commissioner Johnson further inquired if this was a full board. The clerk advised that currently the board has no vacancies. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the reappointments of Members M. Scott Blunder and Robert Godek for a three year term. Motion carried 5 -0. _211'ag,c, Regular City Commission May 20, 2014 3. Approval of Purchase of Cellebrite Touch and Associated Licenses (Required for Obtaining Criminal Evidence Data from Cell Phones). (Police Chief Brown) Cellebrite is an investigative tool utilized by Ocoee Police Department investigators to obtain evidence from the cell phones confiscated in the course of criminal investigations. Their current Cellebrite device known as the Cellebrite Classic will be phased out on October 31, 2014. Although the Cellebrite Classic device the Police Department currently has would continue to operate, it would only be able to retrieve data from older phones still in use, but there would be no new licenses or technical updates from the Cellebrite company for the Cellebrite Classic. Since the Ocoee Police Department is committed to this program, and would have renewed their current licenses if the Cellebrite Classic device was not going to be phased out, they would like to upgrade to the next generation of Cellebrite device — the Cellebrite Touch. The cost of the Cellebrite Touch is normally $10,499. However, Cellebrite USA is giving the Police Department a trade -in allowance of $5500, reducing the overall cost of the new device to $4999. This price and the price of the accompanying Logical and Physical licenses bring the total cost to 8,047.99, including $50 for shipping and handling. Approved on Consent. Motion carried 5 -0. 4. Authorization for the City to Execute a Contract with CenturyLink to Replace the Existing Telephone System and Data Network Following Completion of Negotiations by the City Manager and City Attorney. (Support Services Director Butler) The city's present telephone system uses private branch exchange (PBX) equipment that is no longer available from a manufacturer that no longer exists. The assets of that company were acquired by another firm that no longer will provide software updates for the system. The PBX maintenance contract expires in July 2014. The PBX installation supports 230 landline telephone handsets and several other devices, such as fax machines and fire dispatch printers. Parallel with the telephone system, and frequently interconnected with it for transmission between sites, is the city's computer network, which is based on Cisco routers and switches that are reaching their economic and support limits. Thus, both the voice and data communications systems of the city need to be replaced this summer. Staff proposes a comprehensive solution for doing so by using a combination of services and equipment provided by CenturyLink, the local public- service telecommunications carrier. The Support Services Department recommends that the City Commission approve a change in how telephone and data network services are provided to city offices and staff via landline communications and authorize the City Manager and City Attorney to negotiate a final agreement along the general lines and costs presented here. Approved on Consent. Motion carried 5 -0. G. FIRST READING OF ORDINANCE 5. First Reading of Ordinance Amending Section 1 -14 of Chapter 1 of the City of Ocoee' Code of Ordinances entitled, "Lien Search Fees ". (Second Reading and Public Hearing scheduled for June 3, 2014, Regular Commission Meeting at 7:15 p. m. or soon thereafter). (City Clerk Eikenberry) In 2010, the Commission adopted a new Article III of Chapter 1 of the City of Ocoee Code of Ordinances, specifically adopting Section 1 -14 "Lien Search Fees." From time to time the City has received requests to prepare a lien search report for a single entity or parcel that contains multiple units or addresses. Since the current fee structure does not address this, we have been charging for the additional time based on actual costs incurred (employee salary, plus amount of time spent). Staff feels it would be more equitable and consistent to amend the fee structure to include a flat fee for additional lien searches when multiple units /addresses exist under one parcel. Additionally, this will allow the research to be done quicker since the cost will be predetermined and the requestor won't be delayed waiting for an estimate. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on June 3, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. Regular City Commission May 20, 2014 H. SECOND READING OF ORDINANCE -PUBLIC HEARINGS 6. Land Development Code Amendment Extension of Approved Preliminary/Final. Subdivision Plans and Preliminary /Final Site Plans until December 31, 2015. (First' Reading of Ordinance was read on March 4, 2014, Regular Commission Meeting. Advertised in the Orlando'' Sentinel on Sunday, February 23, 2014, and Thursday, May 8, 2014). (City Planner Rumer) The City amended the Land Development Code in 2010 and 2012, by adopting a new section (Section 4 -12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans until March 1, 2014. The amendment was a result of newly passed legislation which promulgates two (2) years extension on development orders, and as well as the approach of other jurisdictions known as the Community Renewal Act Senate Bill 360. The time extensions apply for any Preliminary & Final Plans approved by the City Commission after January 1, 2005, and prior to March 1, 2010, which has not obtained approval of a Final Site /Subdivision Plan (for either the entire project or the approved first phase) and/or commence construction as of March 1, 2010. Staff is proposing to amend Section 4 -12 of the City of Ocoee Land Development Code to provide an additional one year extension. All approved Preliminary and Final Plans will have an expiration date of December 31, 2015, dependent on special circumstances that may arise for individual projects. Since the City has not adopted new development regulations, previously approved projects would still comply with current codes and ordinances. City Attorney Cookson read the title of the ordinance. Assist City Manager Shadrix briefly summarized that in 2010 and 2012 the City amended the Land Development Code which granted an extension on permits and plans. This is a benefit to the development community since it will be extending them for another year. The Land Development regulations for which the preliminary /final subdivision and site plans were approved have not changed so there will be no impact to the City. Staff recommends approval. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Keller, seconded by Commissioner Grogan, moved to adopt Ordinance No 2014 -008 approving the Land Development Code Amendment — Extension of Approved Preliminary /Final Subdivision Plans and Preliminary /Final Site Plans until December 31, 2015 per staff's recommendation. Motion carried 5- 0. The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2014 -008 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA EXTENDING CERTAIN DEVELOPMENT APPROVALS; AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA, BY REVISING SECTION 4 -12 OF ARTICLE IV TO EXTEND UNTIL DECEMBER 31, 2015, CERTAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY SUBDIVISION PLANS, FINAL SITE PLANS AND FINAL SUBDIVISION PLANS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Regular City Commission May 20, 2014 I. REGULAR AGENDA 7. Adoption of the Preliminary Rate Resolution for the Fiscal Year 2015 Fire Protection Assessment. (Support Services Director Butler) Section 2.08 of the city's Fire Protection Assessment Ordinance, adopted as Ordinance No. 2013 -010 on August 6, 2013, established the process for determining the Fire Protection Assessment in each subsequent fiscal year. The initial action required is for the City Commission to publish its intent to adopt an Annual Fire Protection Assessment by considering a Preliminary Rate Resolution. A proposed Preliminary Rate Resolution has been drafted by staff. In keeping with City Commission practice of adopting the Rolled Back Millage Rate as the proposed millage rate at the beginning of the budget process, the Resolution shows the estimated assessment rate to be the Maximum Assessment Rate established in 2013, which was $69.50 per Net Fire Protection Unit (FPU). The City Commission can subsequently decide whether to levy any Fire Protection Assessment up to $69.50 per Net FPU. When a Preliminary Rate Resolution is adopted in accordance with these requirements, staff will produce an updated Assessment Roll and compare it to the roll created in the prior year for the FY 2014 assessment. Any parcel for which the new calculation will produce a higher number of Net Fire Protection Units, typically due to new construction or a change in use, will result in a notice being sent to the property owner by first -class postage. Other parcels for which the Hazard Class and Tier have not changed are considered to still be covered by the notice mailed to the property owner in 2013, as the Maximum Assessment Rate is proposed to be unchanged from the one stated on that notice. A public hearing will be scheduled at which time the City Commission will consider adoption of the Annual Rate Resolution. Support Services Director Butler gave a brief summary noting that this preliminary rate resolution is a technical step in the process of levying the assessment on an annual basis. It is required to set the date for the public hearing to make the final decisions; he suggested the public meeting be held during a regular commission meeting on August 5 th or 19 so that the decision would be made before the budget hearings start. Commissioner Wilsen asked why the resolution said $69.50 per fire protection unit, and wanted to note that they did go to a lower rate last year. Mr. Butler said that was the fee that was established in the initial implementation of the fire fee. City Manager Frank advised that the commission will determine what that fee is going to be; $69.50 is the maximum that could be levied without having to mail out notices. Mr. Butler said the only notices that need to be mailed are the ones who have recently built houses or additions on their property. City Attorney Cookson read the title of the resolution. City Manager Frank suggested the second meeting in August because it would allow for some discussion at least one of the budget workshops in August. Commissioner Wilsen, seconded by Commissioner Grogan, moved to app rove the Preliminary Rate Resolution No 2014 -004, per staff recommendation a nd setting the Public Hearing for the Final Rate Resolution on August 19, 2014. Motion carried 5 -0. The Preliminary Rate Resolution, as adopted, carries the following title: Regular City Commission May 20, 2014 RESOLUTION NO. 2014-004 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 IN FISCAL YEAR 2015, WHICH BEGINS OCTOBER 1, 2014; CLARIFYING THE METHOD OF ASSESSING FIRE PROTECTION ASSESSED COSTS AGAINST ASSESSED PROPERTIES LOCATED WITHIN THE CITY OF OCOEE; AFFIRMING THE EXISTING MAXIMUM ASSESSMENT RATE AND ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE PROTECTION ASSESSMENTS IN FISCAL YEAR 2015; DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING ISSUANCE OF THE NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. J. STAFF ACTION ITEMS K. COMMENTS FROM COMMISSIONERS Commissioner Grogan —None Commissioner Wilsen — announced this Friday, May 23` at 11:00 am at the gazebo is the Memorial Day Ceremony. Commissioner Johnson —1) said he feels the city should look into the Bowness property in trust by the 429 Corridor, as well as, the property on the other side of that property. It has been for sale for quite a while and he feels the City should look into purchasing it so they can control what is developed there. Mayor Vandergrift inquired if they can have staff research it. The City Manager answered affirmatively. 2) shared that he has a plaque that came from the old Ocoee Elementary School that was given to him by an ex- employee. He would like to ask the school if they could find a place in the new Ocoee Elementary School for the plaque. There were no objections from the commission. Commissioner Keller — None Mayor Vandergrift — said there seems to be a problem with getting the flag pole up in the cemetery which was promised according to an e -mail he received from the American Legion. City Manager Frank said the new flag pole has been ordered and if it is not in by Friday than city staff can put the old pole up temporarily for the Memorial Day weekend. ADJOURNMENT The meeting was adjourned at 7:42 p.m. APPROVED: Attest: City of Ocoee Be i Eikenberry, City Cler i S. Scott Vandergrift, ayor