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08-19-14MINUTES August 19, 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. 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 (absent), and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATION Proclamation - National Assisted Living Week - September 7 - 13 Commissioner Keller read the proclamation which Mayor Vandergrift proclaimed September 7"' - 13"' as National Assisted Living Week. Proclamation - Childhood Cancer Awareness Month - September 2014 Commission Johnson read the proclamation which Mayor Vandergrift proclaimed September 2014 as Childhood Cancer Awareness Month. Proclamation - Diaper Need Awareness Week - September 8 t " - 10' Commissioner Wilsen read the proclamation which Mayor Vandergrift proclaimed September 8 - 14"' as Diaper Need Awareness Week. Proclamation — September 11"' as a Day of Prayer, Remembrance, and a Rededication to Patriotism Mayor Vandergrift proclaimed September 11th as a Day of Prayer, Remembrance, and a Rededication to Patriotism. FC. COMMENTS FROM CITIZENS /PUBLIC Comments fi om Citizens were head cfter StaffReRorts and Agenda Review. Mark Scalzo, 703 Marotta Loop, spoke in regards to the Orange County Fire /Rescue Consolidation and his objection to the consideration of such action happening. Ile further asked that the Commission please take a stance and drop the idea of dropping such an important asset to the City. Mr. Scalzo closed his argument by recommending that if the Commission still felt strongly about consolidating that they have a referendum to the voters and allow them to decide as to whose fire protection they would want. Mayor Vandergrift announced that there is a meeting on August 27"' for Orange County Fire Department to make a presentation before the Commission. It was inquired if the Ocoee Fire Department was also making a presentation. The Mayor suggested that it would be a good idea for the Ocoee Fire Department to also be invited to this presentation since they may want to present something to the Commission as well. The Mayor again announced that the meeting will be on Wednesday, August 27"' at 6 p.m. and citizens are invited to attend. Commissioner Wilsen advised that she will be sending e -mails out to as many residents as she can to invite them to attend. Commissioner Grogan advised that the presentation is for fact findings and they will not be making a decision until they have all the facts. He further committed that this issue resurfaced because back in February it was discussed that they would bring this back up during budget time. Regular City Commission August 19, 2014 James Kelly, Fire Department, said that at the last Commission meeting when this was discussed there was some misinformation stated. It was said that the Fire Department had not made any concessions; however, the fire personnel has been in negotiations and thought they were heading in the right direction. Further deliberation ensued regarding the Fire Department consolidation. Commissioner Johnson commented that the issues being discussed tonight should be addressed at the August 27 meeting. He invited Mr. Kelly to come to that meeting so that he can provide facts before them as well. This item was heard out of agenda order during Commissioner Announcements. Lisa Epps and Sue Oliver spoke in regards to waiving the fee for an FFA event for Ocoee Middle FFA Chapter which they would like to host at the Vignetti Center. The yard sale event they will be hosting is an attempt to raise money to send the children to a convention in Louisville, Kentucky. Commissioner Wilsen inquired if they had been in contact with the Parks and Recreation Department and the date of their event. Ms. Epps said she has contacted the Parks staff and they are looking to have their event on September 13 ". Parks and Recreation Director Hayes advised the Vignetti Center is available for the date they are requesting and he believes they are looking to utilize it for about 8 hours totaling a fee of $400 4450. Commissioner Johnson, seconded by Commissioner Wilsen, moved to waive the rental fee for the use of the Vignetti Center by the Ocoee Middle FFA Chapter for their event on September 13 . Motion carried 5 -0. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) On the dais in front of them is an Emergency Item: Emergency Item - Authorization to purchase a Quantum DXi4701 data backup appliance from CDW -G at the cost of $17,229.00. (Support Services Butler) There is money in the IT funds for this purchase and since it was not an anticipated expense it must come before the Commission. Support Services Director Butler briefly explained the many issues they are experiencing with the current data storage in place and the need for a new storage that that has the capacity to eliminate duplicates and provide a 45 -day data and server software backup retention process. The Mayor inquired if this data backup storage met the legal requirements for the State of Florida. Services Director Butler answered in the affirmative. Further questions were answered regarding the disk space. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the authorization to purchase a Quantum DXi4701 data backup appliance from CDW- G at the cost of $17,229.00 per staff's recommendation. Motion carried 5 -0. 2) Update on emergency repairs to the Generator at the Wastewater Plant due to the lightning strike on May 15"' which was originally reported to the Commission in late May or early June. All repairs have been competed at this time and the total cost to repair the generator was $40,874.75. The Mayor inquired if a motion was needed to cover the cost of the repairs. City Manager Frank said it probably would not hurt for them to entertain one. 21Page Regular City Commission August 19, 2014 Commissioner Wilsen, seconded by Commissioner Johnson, authorized staff to move forward payment to the contractors who were involved with the emergency repairs of the generator at the Wasterwater Plant. Motion carried 5 -0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Grogan — announced the Handgun Safety Class - Saturday August 23, 2014, from 8:00 a.m. until 1:00pm. This is a free handgun safety class taught by Ocoee Police Officers. Topics include terminology, safety, loading and unloading, shooting basics, laws, use of force, concealed weapon permits and proficiency. The class is held at the Ocoee Police Department. If interested please contact Officer Patera Scott at 407 - 905 -3160 ext. 3024 or at Patera.Scott@ococe.org. Commissioner Wilsen — 1) announced CENFLO Film Festival will be held on Labor Day weekend in Ocoee. If interested in the event you can contact City Hall. 2) announced that she has been asked by Martha Lopez - Anderson of Saving Young Hearts if the $250 rental fee for the Jim Beech Center could be waived for the heart screening event on Saturday, September 13 " All documents have been completed that were required by the Parks and Recreation Department. Commissioner Wilsen, seconded by Commissioner Keller, moved to waive the $250 rental fee for the Jim Beech Center for the Saving Young Hearts event on Saturday, September 13 . Motion carried 5 -0. Commissioner Wilsen further shared that the cost for the event is $10 /per child or young adult and the first 100 registrants will receive a refund of the screening. If you would like more information you may contact Martha Lopez - Anderson at www.savingyounghearts.org Registration deadline is September 6"' Commissioner Johnson — 1) announced the S.A.F.E. Class — August 25, 2014. This is a free, one time, three hour presentation on self - defense and safety awareness for women. The class is taught by Ocoee Police Officers using the NSDI's S.A.F.E. curriculum. Topics covered include: self - defense, crime prevention and domestic violence. You must be at least thirteen years of age to attend. The class is held at the Ocoee Police Department. If interested please contact Officer Patera Scott at 407 - 905 -3160 ext. 3024 or at Patera.Scott a ocoee.org 2) announced Founder's Day is November 7"' and 8"'. On Friday, November 7 the entertainment line -up will be Josh Thompson and Kellie Pickler. On Saturday, November 8"' the entertainment line -up will be Bellamy Brothers, Swon Brothers, and Chris Young. He further announced there will be a golf tournament, Chick -fil -A 5K, market place, and other activities which can all be found on the Founder's Day webpage. Commissioner Keller — 1) announced the Back to School Event at Stevi B's — Saturday August 23, 2014, from I1:00a.m. until 2:00p.m. This event will occur at Stevi B's, 9679 W. Colonial Drive, Ocoee, FL 34761. On Saturday August 23, 2014, the City of Ocoee Police Department and Stevi B's Pizza will team up to promote information about community safety and awareness. We are coordinating this community safety day and back to school event for all school age kids. Free Community Event: Free Haircuts, Dribbling Contest, Height and Weight Checks, Raffle Prizes, Fingerprint Cards for kids and much more. If interested please contact Officer Patera Scott at (407) 905- 3160, ext. 3024 or Patera. ScottAocoee.org 2) announced that August 26` is 31Pagc, Regular City Commission August 19, 2014 Primary Day and encouraged everyone to please go out and vote. Besides the primary this is also when you will be voting for your County Commissioner and Judges. Mayor Vandergrift — 1) inquired if there was another date set for the visioning of the City and will it be a public hearing. City Manager Frank stated he believed there was a date set, however, Assistant City Manager Shadrix is not present this evening to advise. 2) announced the Orange County Fire Department Consolidation Presentation is scheduled for next Wednesday, August 27` at 6 p.m. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1, #2, #4, #7, #8, #9, and #10 with Items #3, #5, #6, and #11 being pulled for separate consideration. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held August 5, 2014. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Reappointment of Fifth Trustee to the General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Board serve four -year terms. Two of the trustees are appointed by the City Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission to ratify the appointment as a ministerial act. At their meeting dated July 30, 2014, the Pension Board reappointed Robert Godek to serve as the fifth trustee for a four -year term to expire on September 30, 2018. At this time no other applications were received for serving on the board. Trustees of the General Employees' Pension Board respectfully request that the City Commission ratify the reappointment of Robert Godek to serve a four -year term as fifth trustee with a term ending September 30, 2018. Approved on Consent. Motion carried 5 -0. Appointment to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two -year terms. The Ordinance provides that the Community Grant Review Board membership shall consist of five (5) members. Currently, the board has four (4) members and there are no other applications on file for this board. Jane Rainer has expressed her interest in serving on the Community Grant Review Board. One application was recently submitted for appointment to the Community Grant Review Board; therefore, staff recommends that the City Commission consider appointing Jane Rainer to the Community Grant Review Board with term ending March 2016. Pulled from the consent agenda for discussion. Commissioner Johnson inquired if they could hold off on adding anyone else to the board until they decide what they will be doing with the Community Grant budget. City Clerk Eikenberry advised that the applicant has been advised that discussions occurred at the Budget Hearing regarding this board. Commissioner Johnson, seconded by Commissioner Keller, moved to table the appointment of Jane Rainer to the Community Grant Review Board until after the Budget Meetings. Motion carried 5 -0. 41Page Regular City Commission August 19, 2014 4. Approval of the 2014 Edward Byrne Memorial Justice Assistant Grant (JAG) Program — JAG Countywide -State Solicitation Application 2015 -JAGC -2441. (Police Chief Brown) This year, $10,645.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit the attached 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $342,874.00 allocated to them. The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will receive $10,645.00 to purchase fingerprint technology. The Orange County Sheriff's Office has been conducting fingerprint comparisons for the agency for many years. Due to an increase in their workload, they will no longer be able to provide this service to our agency. The fingerprint technology that will be purchased will allow our agency to compare prints from pawn documents and assist in capturing subjects that falsely pawn merchandise. Approved on Consent. Motion carried 5 -0. 5. Approval of the First Amendment to the Hearing Officer Services Agreement. (Police Chief Brown) 'The City of Ocoee entered into a contract on August 20, 2013, for a Hearing Officer for the Ocoee Intersection Safety Program due to a new Florida Statutory provision. The contract is due to expire on August 20, 2014. The City is currently going through an RFP for a new Hearing Officer contract, and more time is required. This extension will expire October 1, 2014, and will allow the City to continue the scheduled hearings on August 21, 2014. Pulled from the consent agenda for discussion. City Attorney Cookson advised that Commissioner Wilsen has a conflict that she has declared on this item so a motion can be made without her vote. Commissioner Keller, seconded by Commissioner Johnson, moved to approve the First Amendment to the Hearing Officer Services_ Agreement. Motion carried 4 -0 with Commissioner Wilsen abstaining. 6. Approval of Extension of the Agreement with American Traffic Solutions, LLC Pertaining to the Red Light Running Camera Enforcement System. (Police Chief Brown) 'The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The disregard of traffic control signals within intersections poses a threat to all citizens who travel our roadways. The current contract with American Traffic Solutions (ATS) expires December 02, 2014. The City has an option, in its sole discretion, to further extend the term of this contract for an additional two (2) years. Accordingly, following execution of this Amendment the term of the Agreement shall expire and terminate on December 02, 2016. Pulled from the consent agenda for discussion. Commissioner Johnson said that in the beginning he was in favor of the red light camera because there would be it would deter dangerous driving activity by placing lights on major highways; however that is not what is happening right now. Chief Brown explained that the laws now allow us to be on SR50; however the current construction is delaying the installation of those cameras. Commissioner Johnson said he is also not in favor of issuing red light cameras tickets to those who make right turns on red lights. He noted that these cameras are for safety purposes; therefore we need to target main highways and those who run straight through lights and issue red light tickets for those turning right on red. There was a lengthy discussion about 51Page Regular City Commission August 19, 2014 the laws and who determines the business practice for issuing such tickets. City Attorney Cookson explained that the issue at hand is for continuing the contract with ATS beyond December 2, 2014 or there will be no contract; if we would like to amend the contract to change our policy on how red light camera tickets should be issued in Ocoee, we will have to do that under a separate vote. Commissioner Keller, seconded by Commissioner Grogan, moved to approve the Extension of the Agreement with American Traffic Solutions, LLC per staff recommendations. Motion carried 4 -1, with Commissioner Johnson opposed. Commissioner Wilsen advised that he contract can be terminated with no penalty as long as there is 90 days prior notice. We made sure that option was in our contract. Commissioner Johnson, seconded by Commissioner Keller, moved to direct city staff negotiate an amendment of the contract with American Traffic Solutions, LLC, so that violations for right turns on red would be excluded from the tickets issued via red light cameras. Motion carried 3 -2, with Mayor Vandergrift and Commissioner Wilsen opposed. It was noted that Officers can still write tickets when they witness someone making a right turn on red lights. 7. Approval of Award of Bid 41314 -04 Asphalt Paving Projects for FY 2014. (Purchasing Agent Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2014 for approximately three (3) miles of roads within the Sawmill Subdivision (Lighterwood Court, Log Wagon Road, Lumberjack Lane, Sawdust Circle, and Timber 'Ridge Trail); Johio Shores Road; West Ohio Street; and the A.D. Mims Waste Water Treatment Plant railroad crossing, entrance drive and internal plant drives. The construction consists of an asphalt stabilized base course from a mixture of the existing bituminous concrete pavement and existing base course material. In addition, the contractor shall furnish and install asphalt pavement on the recycled road base. The bid was publicly advertised on June 15, 2014, and opened on July 15, 2014. There was a total of five (5) bids received ranging from $364,830.00 to $436,917.97. Staff recommends awarding the bid to Allstate Paving Inc. for $364,830.00 as the most responsive and responsible bidder, per the attached recommendation from Steve Krug, Public Works Director. Allstate Paving's bid is $55,170.00 lower than the budgeted amount of $420,000.00. Approved on Consent. Motion carried 5 -0. 8. Certification of Non -Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2014/2015. (Public Works Director Krug) The City commission approved Resolution No. 2006 -003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2014/2015 tax roll for Stormwater calculates revenue to be $2,764,721.43. This is a decrease of $512,292.69 fi the current year mainly due to a correction and adjustment of impervious area attributed to the auto auction properties. Assessment fees remain the same as the previous year. Approved on Consent. Motion carried 5 -0. 6_1I'age Regular City Commission August 19, 2014 9. Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2014 /2015. (Public Works Director Krug) The City commission approved Resolution No. 2006 -003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year 2014/2015 tax roll for Solid Waste calculates revenue to be $2,987,728. This is based upon the residential Solid Waste fee which remains unchanged at $21 per month. This is an increase of $58,716 from the current year and is attributed to annexations and new homes. Approved on Consent. Motion carried 5 -0. 10. Approval of Amended and Restated Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the North Side Reclaimed Water Main Extension Project. (City Engineer Wheeler) The North Side Reclaimed Water Main Extension project was awarded to Hazen Construction LLC at the April 16, 2013, City Commission meeting. The project was the extension of the 16 inch reclaimed pipeline along McCormick and Ocoee- Apopka Roads to provide reuse water to the Forest Brooke, Eagle's Landing, Westyn Bay, Vineyards, Fountains West, and Ocoee Crown Point developments. The route of the pipeline along Ocoee - Apopka Road becomes very congested in the area of the City of Winter Garden's effluent disposal property. Ocoee staff originally approached the Winter Garden staff about the placing our reuse pipeline across the Winter Garden effluent disposal portion of their property. That portion of the total property is that portion within the fence. The first Non - Exclusive Reuse Water Line Easement Agreement was drafted and approved prior to the start of the construction. The remainder of the Winter Garden property is outside the fence to the south. The Ocoee reuse pipeline was designed to go within the Ocoee - Apopka Road right -of -way in this area. However, upon exploratory investigation during construction it was determined that the Winter Garden effluent disposal main is also located in the ROW and would have required Ocoee to move its pipeline out under the pavement or to cross the road for approximately 900 linear feet. Both of these options would have added significant cost to the project. Ocoee staff asked Winter Garden about placing our pipeline within the remainder of the Winter Garden property. Winter Garden was amenable to the request. Approved on Consent. Motion carried 5 -0. 11. Settlement Demand Letter, re: James Pittman. (City Attorney Cookson) In October 2013, James A. Pittman was issued a red light camera Notice of Violation for failure to turn right on red in a careful and prudent manner. Mr. Pittman requested a hearing to contest the citation. In February 2014, the City's Hearing Officer upheld the violation. Subsequently, Mr. Pittman began to visit City Hall, the Police Department and the City Attorney's office numerous times each week. During these visits, Mr. Pittman fi became irate and confrontational. On April 16, 2014, after one such visit to the Police Department, Mr. Pittman was involved in a traffic accident and was issued a citation for careless driving. The following day, Mr. Pittman arrived on his own accord at the Police Department. Mr. Pittman met with several police officers in the lobby of the police department and just outside the front door. Mr. Pittman claims that he was unlawfully detained by the police during this encounter. Mr. Pittman subsequently hired an attorney and that attorney has threatened to sue the City. While no suit has been filed yet, Mr. Pittman, through his attorney, has made a pre -suit offer of settlement with the City paying to Pittman $10,000. The City Attorney's office conducted an investigation of the matter. The investigation included meeting with several of the officers involved and reviewing the video of Mr. Pittman's visit to the police station from the cameras inside the lobby and outside of the police station. Based on the investigation conducted by the City Attorney's office, it is our recommendation that the City not accept Mr. Pittman's pre -suit offer of settlement. Pulled from the consent agenda for discussion. 71Pa.ge Regular City Commission August 19, 2014 Commissioner Johnson said he wanted to bring this to the attention of everyone because it was on the consent agenda. This is a frivolous case and he is not in favor of any settlement. Commissioner Johnson, seconded by Commissioner Keller, moved not to approve Mr. Pittman's pre -suit $10,000 offer of settlement, per staff's recommendation. Motion carried 5 -0. G. FIRST READING OF ORDINANCE 12. Westyn Bay Commercial — Rezoning to PUD. (Second Reading and Public Hearing scheduled for September 16, 2014, Regular Commission Meeting at 7:15 P.M. or soon thereafter). (City Planner Rumer) The subject property is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road. The parcel is identified as parcel number 06- 22 -28- 0000 -00 -067. The parcel is 20.85 acres. The Westyn Bay Commercial Planned Unit Development (PUD) is comprised of 44 single - family units and 6.59 acres of commercial and stornwater /open space. The subject property consists of vacant and undeveloped land. The Future Land Use designation for the subject site is "Coinmercial ". The rezoning to PUD is required to introduce the residential density. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on September 16, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 13. Casa Mirella — Amendment to the PUD/Land Use Plan. (Second Reading and Public Hearing scheduled for September 16, 2014, Regular Commission Meeting at 7:15 P. 177. or soon thereafter). (City Planner Rumer) The subject property is located on Lot 3 of Casa Mirella located on the west side of Maguire Road and south of Roberson Road. The parcel of land is approximately 2.7 acres. The subject property is zoned Planned Unit Development (PUD) and is located within the Belmere PUD. The Belmere PUD, which encompasses +/- 455 acres, was originally approved by the Orange County Board of County Commissioners on May 21, 1985, as the Lake Whitney PD. The northern portion of the PUD was set aside as Tract G which consisted of 177 acres that was labeled as `Future Development ". In 1995, the PD Land Use Plan (LUP) was amended to permit 708 dwelling units in Tract G. A subsequent non- substantial amendment in 1999 carved out Tract H from Tract G. Tract H is the property that is now owned by the Unicoip entities. The 1999 LUP delineates Tract H as (1) Commercial totaling 42,960 s.f. and 5 acres maximum (2) Multi - family totaling 180 units and (3) Adult Care living Facility (ACLF) or Adult Living Facility (ALF) totaling 130 units. The LUP also explains how the multi- family and ACLF or ALF units can be converted to single- family units. The LUP states that one multi - family unit is to be counted as equal to one single - family unit and seven (7) ACLF or ALF units are to be counted equal to one single - family unit. The property has retained the Orange County Citrus Rural land use designation because of previous vesting. To date, Tract H has been developed as Casa Mirella with 42,960 sq. ft. of commercial and 216 multi - family units. Lot 3 has been set aside for 85 ALF units. The applicant is proposing to convert the 85 ALF units to 12 residential units and add 48 more units to the PUD in order to construct 60 multi- family units. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on September 16, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 8�r�age Regular City Commission August 19, 2014 H. PUBLIC HEARINGS 14. Annual Rate Resolution for the Fiscal Year 2015 Fire Protection Assessment. (Advertised in the Orlando Sentinel on Sundae, August 10, 2014. Second Reading and Public Hearing scheduled for September 8, 2014, at 6:00 p. m. or soon thereafter.) (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 was for the City Commission to publish its intent to adopt an Annual Fire Protection Assessment by considering a Preliminary Rate Resolution. Following adoption of the Preliminary Rate Resolution by the City Commission on May 20, staff produced an updated Assessment Roll and compared it to the roll created in the prior year for the FY 2014 assessment. Every parcel for which the new calculation produced a higher number of Net Fire Protection Units, typically due to new construction, annexation, or a change in use, resulted in a notice being sent to the property owner by first -class postage advising them of the new assessment. That notice also listed the City Commission meeting of August 19, 2014 as the date of the public hearing for them to make comments prior to any City Commission action on the Annual Rate Resolution for FY 2015. Other parcels for which the Hazard Class and Tier did not change are considered to still be covered by the notice mailed to the property owner in 2013, as the Maximum Assessment Rate is unchanged from the one stated on that notice. A second public hearing will be held on September 8, 2014, at which time the City Commission will consider adoption of the Annual Rate Resolution. At the Maximum Assessment Rate of $69.50 and the estimated number of FPUs calculated using the currently available and preliminary data, the total revenue generated would be $1,993,661.07. City Attorney Cookson read the title of the Resolution. RECESS: 8:21 — 8:31 Support Services Director Butler explained that this part of the Public Hearing is for those who received notices in the mail because they are new the fire assessment process, either because they purchased a new home, annexation, or construction. The second public hearing will be held on September 8, 2014, will be when the final decision is made with regard to the rate of the assessment. Commissioner Wilsen confirmed that the mailed notices and the TRIM notices are still reflecting the original $69.50 per fire unit fee; but we will not be setting that fee until September 8, 2014. This is similar to the process last year when we advertised the $69.50 fee and then set the rate at $27.50. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Mayor Vandergrift announced the second reading and public hearing will be held on September 8, 2014, Commission Budget Hearing Meeting at 6:00 p.m. or soon thereafter. I. REGULAR AGENDA 15. Authorization to Expand the Use of FY 2014 Capital Funds Originally Allocated to Acquire Police Incident Reporting Software and to also Acquire Hardware Related to this Use. (Support Services Director Butler and Police Chief Brown) A police records management system typically consists of two parts, a computer -aided dispatch component that communicates emergency call information and incident management reporting software that is used to document emergency calls. The city learned in 2013 that its current CAD and incident report data service provider, the City of Apopka, was moving to a new records management system and may no longer be the 91I'age Regular City Commission August 19, 2014 optimal supplier of these services. Apopka's plan to replace its software put Ocoee in the position of deciding whether to make the same change or go with a different solution. After an extensive review, staff decided to go with a different provider, so the Ocoee Police Department received an allocation of $90,000 for Fiscal Year 2014 to acquire Caf6 incident reporting software and CAD services from the Seminole County Sheriff's Office as part of a move to better integration of police incident reporting and access to police report data. The new system was to have been implemented through a service agreement with Seminole County by the end of Fiscal Year 2014, which coincides with the end date for the existing Apopka service agreement. However, two events impacted the ability to move forward with this original plan. It was determined that Seminole County would not be able to expand their operations to include the City of Ocoee; the Windows XP operating system came to the end of its life and the Florida Department of Law Enforcement (FDLE) issued a directive that continued operation of Windows XP computing resources by law enforcement agencies constituted a security risk. The Police Department has 30 such devices for which immediate replacement is required. The cost of replacing these computers was not anticipated when the Fiscal Year 2014 Budget was developed. That budget includes funding only to replace police computers that fail. A final decision as to how to meet the needs for CAD services and incident reporting has not been made; however, a review of the market indicates that the cost of related software would be on the order of $190,000 for acquisition, which includes training of Ocoee staff, installation of the software, and conversion /transfer of existing data to the new system. Ocoee would also be responsible for the incremental increase in cost for the service provider to extend their operations to include Ocoee. Given the time required to implement this option, it is likely that the transition from Apopka to another service provider or to the new Apopka software will not occur until at least March 2015. This means Ocoee will need to extend the Apopka contract to cover at least a portion of FY 2015. Support Services Director Butler explained that fiends were allocated for a product that it turned out they could not provide the services we needed. Additionally, about 30 computers that have a the PD with Windows XP operating system are obsolete because Microsoft does not support them or offer security updates, which led FDLE to declare them a security risks which were now subject to hacking, etc. They have worked through a process to come up with a package that will work with all of the PD current and future technology needs. He asked for permission to utilize part of the $90,000 to replace the computing hardware that at the beginning of the budget year we didn't know would need to be replaced. The rest of the money would be rolled forward to next year to handle the original purpose of Reporting Software. Chief Brown stated that he is in favor of these changes. Mayor Vandergrift asked what happened to the cameras that were going to move around the community. Chief Brown said he would have to provide an update later. Commissioner Keller, seconded by Commissioner Grogan, moved to approve the use of FY 2014 capital funds originally allocated to acquire police incident reporting software for the purpose of purchasing replacement computers related to this use, per staff recommendations. Motion carried 5 -0. J. STAFF ACTION ITEMS - none K. COMMENTS FROM COMMISSIONERS Commissioner Keller — 1) reminded everyone to get out and vote on August 26, 2014, and 2) invited everyone to attend the Back to School Event at Stevie B's, on Saturday, August 23, 2014. 101Pagc Regular City Commission August 19, 2014 Commissioner Johnson — 1) said they had spoken a few months ago about buying the parcel on Geneva and Story Road behind the property we recently acquired. He said the property owners are here tonight, and have obtained an appraisal on the property and they are ready to meet with staff. City Manager Frank said the Commission did agree a few months back to have staff look into acquiring the property at a fair market value. He stated the contract closing on the other property on Kissimmee has been extended into next year so that we can budget the funds for it and we can do the same with this. Support Services Butler exchanged information with the property owners so they could meet in the future. 2) said he received an e -mail regarding Arden Park and the problems with Hackney Prairie and Lake Meadows with three wheelers and bonfires. Police Chief Brown explained that there are no trespassing signs posted, the area covers three jurisdictions and while our residents are complaining, some of the residents on the county side are the ones inviting people to have the parties. The county is not receiving the same number of complaints that we are. City Manager Frank said they have met several times trying to figure out the best way to handle the situation. Commissioner Johnson said we need to coordinate with the county and resolve the issues out there. Commissioner Keller said if there are no trespass signs posted, we would then have something to enforce. He added another option would be to fence off our area, but that would be very expensive. 3) Commissioner Johnson inquired if the ethics law that went into effect requiring elected officials to have mandatory training, and when they will need to take a course. City Attorney Cookson said the law goes into effect in January; Florida League of Cities will offer courses and Shuffield Lowman may go ahead to give a course. Commissioner Wilsen said that the Florida League of Cities mentioned they may be doing a webinar. Commissioner Johnson said he would like to write them a letter at the Tri County League of Cities that they should be subject to the ethics courses as well. They mandate these rules, but they do not have to abide by them. Consensus, without of objection, is for the city to send a letter to the Tri- county League of Cities, the Florida League of Cities to emphasize the City of Ocoee feels that the state and local legislators should be subject to the sunshine law and ethics training just as the county and municipal officials are. Commissioner Wilsen — next budget workshop is Thursday, August 21, 2014, 2) the CENFLO Festival will be held Labor Day weekend, 3) there will be no regular commission meeting on September 2 °d 4) the Tentative Budget Public Hearing on September 8 the regular Commission Meeting is September 16` and the Final Budget Public Hearing is September 17 Commissioner Grogan — advised that he received a conference notification for an ethics class being held locally, Tiffany Shafer has the paperwork. There was discussion whether or not this would count toward the 4 hour requirement since the mandate does not start until January 1, 2015. Mayor Vandergrift — 1) inquired if Public Works Director Krug could work with the school to put some trash cans out by the school property to keep the area clean. Commissioner Wilsen said it is on the school property; we should be telling them to clean up the property themselves. The Mayor said we would like to have a good partnership and asked Public Works Director Krug is he could coordinate with the school to get that area cleaned up. 2) was asked if a copy of the County proposal could be supplied to everyone. City Manager Frank said the city had never received a copy of any contract; however he is meeting with them tomorrow and will find out if there is a contract /proposal available. Commissioner Wilsen advised that we are not in 11 IPage Regular City Commission August 19, 2014 negotiations with Orange County, we are holding a fact finding informational workshop on August 27` and there will be no decision made at that workshop. ADJOURNMENT Meeting adjourned at 8:57 p.m. APPROVED: Attest: City of Ocoee 'Z5 54 dA4 -- S. Scott Vandergrift, Mayor 121Page FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -M E NAME 1 NA O BOARD, UN IL, COMMISSIO A THORI COMMITTEE _� m * MAILIP ADDRESS (� j/ „�� ���- THE BOAR , COUNCIL, COMMISSION, AUTHORI OR COMMITTEE ON CH I SERVE IS A UNIT OF: 00 ( (� 9 1TY ❑ COUNTY [:]OTHER LOCAL AGENCY CITY COUNTY NAMr P LITICAL S BDIVI O : , D TE ON WHICH VOTE OCCURRED MY POSITION I c _ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on _ 20 / 4 : (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, ,J inured to the special gain or loss of my relative, � �,�Z6 inured to the special gain or loss of b y whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2