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05-05-15MINUTES May 5,,2015 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Pro Tem Grogan 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 Grogan, Commissioner Wilsen (absent), Mayor Vandergrift (absent), Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Proclamation — May 2015 - Civility Month Commissioner Keller read the proclamation Civility Month. which Mayor Vandergrift proclaimed May as Proclamation - Women's Lung Health Week — May 1 1 th _ 17 th Commissioner Keller read the proclamation which Mayor Vandergrift proclaimed May 11 17 as Women's Lung Health Week. Lynn Penyak, Health Promotions Manager with American Lung Association of the Southeast was present to accept the proclamation. Proclamation - Teacher Appreciation Week — May 4 th —8 th Commissioner Johnson read the proclamation which Mayor Vandergrift proclaimed May 4 th _ 8 th as Teacher Appreciation Week. Proclamation — May 2015 - National Water Safety Month Mayor Pro Tem Grogan read the proclamation which Mayor Vandergrift proclaimed May as National Water Safety Month. Representatives from the Parks and Recreation Department were present to accept the proclamation. Proclamation - Peace Officers Memorial Day — May 15 & National Police Week — May _1O -16`h Mayor Pro Tem Grogan read the proclamation which Mayor Vandergrift proclaimed May 15 as Peace Officers Memorial Day and May 10 — 16 as National Police Week. Ocoee Police Chief Brown was present to accept the proclamation. C. COMMENTS FROM CITIZENS/PUBLIC Pam Bozkurt, Rotary of Club of Ocoee Member, addressed the Commission regarding the scholarship program they sponsor, in conjunction with the City of Ocoee, to three Ocoee High School seniors. This will be there ninth year doing this program. Ms. Bozkurt briefly explained the eligibility criteria and qualification in order to receive a scholarship. The Rotary of Club of Ocoee is graciously requesting that the Commission reconsider the requirement of the scholarship recipient having to be an Ocoee resident. They currently have four applications submitted by seniors from Ocoee High School but three of the applicants do not reside in the City limits. A brief discussion ensued and questions from the Commission were answered by Ms. Bozkurt regarding the scholarship program. It was decided they would waive the residency requirement for this year and during the budget process they could revisit the requirements. Regular City Commission May 5, 2015 Commissioner Johnson, seconded by Commissioner Keller, moved to waive the residency requirement for the Rotary of Club of Ocoee Scholarship Program for this year. Motion carries with Mayor Vandergrift and Commissioner Wilsen absent. Harry Boggs, Rose Hill Resident, briefly addressed the Commission regarding an article he read in the West Orange Times about the Ocoee City Center. He shared a comment he posted on social media regarding the City Center and briefly advised the Commission that his intent was to encourage the 400 residents in his neighborhood community to be involved and attend public hearings so they may learn about the whole plan. It was briefly shared with Mr. Boggs that the area for the proposed City Center concept was based on feedback from Ocoee citizens several years ago and there will be public hearings and meetings prior to any development. Lisandro Diaz, A &D Ocoee Plaza LLC, briefly addressed the Commission to advise that he would like to work with the City more closely on any plans they have. He is able to involve his tenants and investors as well. Mayor Pro Tem Grogan advised that within the month they should be getting some information back regarding the downtown area and would love to have businesses on board. He further offered to contact Mr. Diaz. D. STAFF REPORTS AND AGENDA REVIEW - None E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — announced Public Safety Academy — April 9, 2015, through June 11, 2015, 6:00pm - 9:00pm. The Ocoee Police Department and Fire Department is hosting the second annual Public Safety Academy. If you have any questions, please contact Officer Patera Scott-Marsh at (407) 905 -3160 ext. 3024 or Patera. Scott(c�r�,ocoee.org Commissioner Johnson — announced Community Picnic — Saturday, May 16, 2015, from 11:00am - 2:00pm. The Ocoee Police Department will be hosting its 6 annual Community Picnic at Central Park (560 Flewelling Drive). There will be free food, drinks, raffles and games for everyone. If you have any questions, please contact Officer Patera Scott -Marsh at (407) 905- 3160 ext.3024 or at Patera.Scottkocoee.org F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Johnson, moved to approve the Consent Agenda Items #1 through #5. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. 21Page Regular City Commission May 5, 2015 Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has eight (8) members. One application was recently submitted by Ms. V. Renee Watson; therefore staff recommends the City Commission consider appointing Ms. V. Renee Watson to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1, 2018. Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. The City's continuing contracts for geotechnical testing services have expired. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from firms that are interested in providing geotechnical testing services for City projects. As budgeted each fiscal year; it is anticipated the annual expenditures for geotechnical services should be approximately $50,000 to $75,000. The City intends to award continuing contracts to at least three (3) firms deemed to be the most highly qualified to perform the required services. The continuing contracts shall have an initial three (3) year period with two automatic one -year renewable extensions, for a total of five (5) years, plus a one (1) year optional renewal at the City's discretion. The RFQ was advertised on January 25, 2015, and was publicly opened on February 24, 2015. There were eight (8) responses submitted. Staff recommends that the City Commission award RFQ # 1501 Continuing Contracts for Geotechnical Testing Services to Geotechnical Environmental Consultants Inc., Professional Services Industries Inc. (PSI), and Tierra Inc. Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. The City of Ocoee Utilities Department utilizes numerous easements which overlay private property throughout the City for underground water and sewer mains, lift stations, and miscellaneous related utility system infrastructure. Currently, lift station #10 and its influent gravity main are situated on private land covered by an easement obtained from Seminole Trucking on October 15, 2002. Access to the station is gained by traversing through gates which secure the private owner's endeavors. Both the current owner of the property, K and S Supply, LLC, and City staff would like to establish more optimal access to the station. Therefore, K and S Supply is granting an additional 20' by 20' area located at the northern property line of 345 Enterprise Street, which will allow access to the station from the City's Public Works compound. Due to the new access, a portion of the existing easement is no longer needed. Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. The City of Ocoee utilizes "lift stations" throughout the City to collect and pump raw wastewater to the wastewater treatment plant. These lift stations operate on commercial power to energize pumps that automatically come on and pump wastewater at predetermined water levels in the lift station wet well. If commercial power is not available to the lift station, the pumps will not operate and the risk of sewage overflow becomes a possibility. Depending on the amount of population served and critical nature of a lift station, an emergency power generator may be necessary to protect the residents and businesses from sewage backing up during power outages. 31Page Regular City Commission May 5, 2015 Lift station #32 provides primary service for the North East portion of the City of Ocoee. This lift station was placed in service in 1995 and flows have steadily increased over the last 20 years. In 2014, this lift station pumped an average approximately 19,200 gallons per day. In recent years, commercial power outages and lightning strikes have caused this lift station to malfunction requiring remediation. The purchase and installation of this generator will eliminate the possibility of raw sewage backing up and causing damage to residential and commercial properties during these power outages. Approved on Consent. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. G. PUBLIC HEARINGS - None H. REGULAR AGENDA The City of Ocoee, Parks and Recreation Department, has received a Facility Use Permit application from the Rotary Club of Ocoee requesting the use of the Tom Ison Seniors & Veterans Center for a fundraising event to take place on Friday, May 29, 2015. The Rotary Club of Ocoee has requested to have the rental fees associated with the use of the Tom Ison Seniors & Veterans Center be waived for this event. The amount for the aforementioned fees is $696.40. In addition to these fees each renter is required to pay a Security Deposit of $250, which is refundable if there is no damage to the facility. The total costs associated with the event will be $946.40. In the past, the City Commission has waived the user fees for civic and community based organizations. Parks and Recreation Director Hayes briefly advised the Rotary Club of Ocoee will be hosting their annual Texas Hold'em Fundraising Event on May 29, 2015. They are requesting the fees for the use of the Tom Ison Center to be waived. Commission has waived the fees for them for their previous events. Commissioner Johnson, seconded by Commissioner Keller, moved to waive the fees for use of the Tom Ison Seniors and Veterans Center for a Texas Hold'em Fundraising Event on May 29, 2015, hosted by the Rotary Club of Ocoee. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. 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. The Resolution shows the estimated assessment rate to be the Maximum Assessment Rate established in 2013 and continued in 2014, which was $69.50 per Net Fire Protection Unit (FPU). The City Commission can set the Fire Protection Assessment for Fiscal Year 2016 at an amount up to $69.50 per Net Fire Protection Unit (FPU) when it considers the Annual Rate Resolution after the public hearing in August. 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 41Page Regular City Commission May 5, 2015 suggested the public meeting be held during the regular commission meeting on August 17 so that the decision would be made before the budget hearings start. As part of the Resolution, staff recommends implementing the Interim Fire Protection Assessments. Interim Assessments are imposed on property at the time a building permit is issued as opposed to how it has been done in the past which was at certificate of occupancy. The intent for this change is to provide a pro -rated assessment for properties that earn a new or revised assessment based on changes in Hazard Class or Tier resulting from construction. Staff recommends the City Commission set the trigger for imposing the Interim Assessment at the time the building permit is issued, as the fire hazard change occurs when construction begins. The Ordinance provides for refunding the Interim Assessment if the building permit expires without construction being completed. Commissioner Johnson questioned the need of the Interim Assessment at the time of building permit issuance. City Manager Frank explained that what is currently being done is if there is a house that misses the tax roll the City sends the homeowner a physical bill for the garbage and stormwater for the rest of the year. This assessment [fire] is outside the loop and would not be collected for the whole year which is why staff is seeking to close the loop hole. Further discussion ensued regarding new construction and builders paying the assessment. Support Services Director Butler advised the Preliminary Rate Resolution will be final in August and can be changed to what they actually want to adopt at that time. Discussion ensued regarding the wording for the Interim Assessment [certificate of occupancy vs building permit] which was explained can be changed in August even if they approve this preliminary resolution. City Attorney Cookson advised the only thing they cannot do in August is raise the rate above the amount they adopt on this Preliminary Rate Resolution. Commissioner Keller, seconded by Mayor Pro Tem Grogan, moved to approve the adoption of the Preliminary Rate Resolution No. 2015 -008 for the Fiscal Year 2016 Fire Protection Assessment as presented by staff. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Wilsen absent. At the request of the City Commission, staff was tasked with looking at different options to handle the 259 total outstanding code enforcement liens that the City currently has on the books dating back to 1998. Working with the City Attorney's office, our research included speaking with twelve different cities, towns and counties throughout the State of Florida. Many had the same process as us where we notify the legal homeowner, the bank, and any possible tenants of code issues. They then wait for the owner or a representative to bring the property into compliance, and then hear a lien reduction request by way of our Code Enforcement Board, then the City Commission. Staff and the City Attorney's office determined that Hillsborough County's Code Compliance Amnesty Program is the best option. The benefits of Hillsborough County's Code Compliance Amnesty Program are that eligible property owners could have their outstanding code enforcement fines reduced by 85 %, or pay 15% of the market value of the property in violation, whichever is less. In addition, during this three -month Amnesty Program the property title will be cleared once the balance is paid in full. 51Page Regular City Commission May 5, 2015 Assistant Director of Support Services Gaines explained that at the request of the City Commission, staff was tasked with looking at different options to handle the outstanding code enforcement liens. Working with the City Attorney's office, research included speaking with twelve different cities, towns and counties throughout the State of Florida. Assistant Director of Support Services Gaines provided a PowerPoint presentation summarizing the Amnesty Program. • The property must be in full compliance • All other property owned in the City must be in full compliance • Eligible property owners could have outstanding code enforcement fines reduced by 85% or pay 15% of the market value of the property in violation, whichever is less • There would be a $5,000 cap during the amnesty period • The program would last 3 months • Program does not apply to burglar alarms, land use cases or nuisance abatement cases • Program will begin with residential only • Using Hillsborough County's program as a basis, about 10% of the properties came into compliance during the program Mr. Gaines noted that to date we have spent approximately $3100 on attorney's fees for research, each mailing would cost approximately $300, and the program would commence next budget year so that we can budget for the cost of operating the program. After evaluating numerous options jointly between the City attorney's office and City staff, the staff recommends that the choose from the following two choices: 1) Implement the option outlined by using Hillsborough County as a model with roughly a 10% satisfaction rate or approximately $54,000 or 2) Continue things the way they are and use the current lien reduction process. Commissioner Keller commented that he would recommend staff moving forward with the amnesty program. City Manager Frank advised that there would be a couple of ordinance changes and public hearing before they could move forward on this program. Commissioner Johnson stated that most people will not pay the fines until they are going to sell the property. He didn't feel that most people will cooperate. He also asked how many of these are bank owned property, to which Mr. Gaines said he does not know off the top of his head. Mayor Pro Tem Grogan commented that the 3 months period to come into compliance he feels is a benefit. Commissioner Johnson said he feels it would be better to find a remedy for people to go for long periods of time with violations. We need to find a better way to deal with those property owners. Commissioner Keller said he was trying to work with Rep. Bracey to get this added to their tax bill. Mayor Pro Tern Grogan and Commissioner Keller felt that it was worth pursuing to at least get some money back. Consensus of the Commission, with Mayor Vandergrift and Commissioner Wilsen absent, was to have staff to move forward with the Code Compliance Amnesty Program and bring back an ordinance implementing the program for approval by the commission. 61Page Regular City Commission May 5, 2015 Police Chief Brown and Lt. Wagner explained that 2 months ago they presented and ordinance relating to gated communities and they were asked to have a community meeting because there were residents who had concerns. They had a meeting and received a lot of input. Lt. Wagner provided a PowerPoint presentation which had feedback from the citizens. There were some inefficiencies with how police, fire, and ems are able to respond to calls in gated communities as well as routine patrol. He noted that technology exists today that would allow them to get access to the gate with a click of their radio button. He reviewed the variety of systems that exist at this time that create confusion and delays in attempting to get into various subdivisions. They held a very successful meeting on March 19, 2015, which included 9 HOA representatives. The main concerns of mandating uniform systems throughout the city were cost of the original installation, if current gates would be required to be brought into compliance, and who would be responsible for maintenance and upgrade of the systems in the future. Winter Garden currently has an ordinance in place to require the Click to Enter Access System, which is a universal system that could work with Ocoee as well because we they will soon be dispatching for our PD and the system will work for everyone on the same radio frequency. It is especially useful for mutual aide. Orange County Sheriff Department and Fire Department are looking at converting to the Click to Enter Access for their unincorporated areas. Sgt. DeStephano from Orange County Sheriffs Office gave some scenarios including the night that Deputy Pine was killed where numerous requests were made from deputies trying to gain access to a gated community when the yelp siren access system failed. A deputy had to be posted there 48 hours to let law enforcement personnel in and out. He said they are currently working on the conversion; they are doing a six month test on the Click to Enter equipment; he has tested them periodically and in a variety of weather conditions and they have worked every time. Lt. Wagner said they would like to get direction from the commission. The previous ordinance mandated that all gated communities install this system. He added that the hodgepodge of access systems throughout the city cause confusion and delays. Consistency and uniformity in the systems would correct that. City Attorney Cookson clarified as to how Winter Garden implemented their system. Lt Wagner said that the cost was mandated to the various HOAs. The cost to purchase and install is $2100 per system. Commissioner Johnson said he would like to review this issue when all five Commissioners are present; he feels that this should be handled at budget time and the city should consider bearing the cost for doing it all at once. Lt Wagner stated he got a price of purchasing 33 units and it was $34,840.44 without installation. There was discussion about when and how to implement the program for future systems and how to deal with all of the systems currently installed. Commissioner Keller agreed with Commissioner Johnson that the city should pay for it via the budget process. Mayor Pro Tem Grogan brought up the county - mandated Yelp systems and how they not working because there are too many different siren sounds that need to be calibrated. He asked if the city would be required to follow the county ordinance. City Attorney Cookson advised that adoption of our own ordinance would supersede the county ordinance. There was discussion regarding what the next steps should be. Mayor Pro Tem Grogan said that they can't guarantee it will be passed at budget time, so what would happen then? Chief Brown said the ordinance, as written, makes the systems mandatory; the city funding it would be 71Page Regular City Commission May 5, 2015 another step we would have to take. City Manager Frank suggested the motion should be worded that the city would pay conditions on funds being allocated during the FY 2015 -16 budget process. Consensus of the Commission, with Mayor Vandergrift and Commissioner Wilsen absent, was that an ordinance would have to be brought to the Commission mandating the Click to Enter Access Systems be installed throughout HOAs in the city, with the city funding it conditioned upon funds being allocated during the FY 2015 -16 budget process. Any new subdivisions will be required to install the system at their own expense. A resident of Brookstone asked that, if the HOAs end up having to pay, he would like to have the commission consider exemptions for gates that are within a quarter of from each other, as well as gates that are manned 24/7. Discussion followed. Lt. Wagner said the latest evaluation are that there are 9 HOAs requiring 1 system, 10 HOAs requiring 2 systems, and 1 HOA that would need 3 systems. He noted if any exemptions are granted, the Fire Marshall will have input. The ordinance will also include annual Fire Marshall Inspections. Discussion followed regarding the recommendation of specific technology, the importance of having a uniform system that can work for Winter Garden and surrounding areas, and the time frame for the mandated installation. Scott Kennedy, 3430 James Drive, asked about some kind of signage to designate which gates had emergency access. Lt. Wagner answered that signage could be done. It was clarified that the only gates that won't be equipped with the new technology is those that are exempt. I. STAFF ACTION ITEMS - None J. COMMENTS FROM COMMISSIONERS Commissioner Keller — announced he went to Central Park and citizens inquired if they could shave the sidewalks since kids are tripping on them. City Manager Frank said they have started that program this year; he will make sure Central Park gets put at the top of the list. Commissioner Johnson — None Mayor Pro Tem Grogan — None ADJOURNMENT Meeting adjourned at 8:54 p.m. APPROVED: Attest: 4 ike Benberry, City Clerk City of Ocoee S. Scott Vandergrift, Mayor 81Page