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08-18-2015 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida August 18, 2015 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING A.CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B.PRESENTATIONS AND PROCLAMATIONS Presentation by the Citizens Advisory Council for Ocoee Police Department (CACOPD) Officer of the Quarter Award: Detective Loretta Ganoe Founders’ Day Trophy Presentation. (Commissioner Johnson) Proclamation - The First Day of School Challenge – August 23, 2015. (Mayor Grogan) C.COMMENTS FROM CITIZENS/PUBLIC D.STAFF REPORTS AND AGENDA REVIEW E.COMMISSIONERS ANNOUNCEMENTS F.CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. Approval of Minutes for the Regular Commission Meeting held August 4, 2015. 1. (City Clerk Eikenberry) Appointment of Fifth Trustee to the Police Officers’ and Firefighters’ 2. Retirement Trust Fund 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 date held on August 5, 2015, the Pension Board appointed William “Bill” Wagner to complete a term as the fifth trustee to expire on September 30, 2017. The position was formerly held by Mark Scalzo who resigned as trustee at the May 6, 2015, Pension Board meeting. The Operating Rules and Procedures of the Pension Board do not prohibit current City employees from serving as the Fifth Trustee. Regular City Commission August 18, 2015 Approval of the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 3. 2014 Application 015-H2856-FL-DJ. (Police Chief Brown) #2 The amount of $10,551 was made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). Staff recommends this money be applied to the purchase of four Police Mobile Incident Command Centers for Watch Commander vehicles. The command center consoles will improve the Watch Commander's ability to organize the responding personnel to develop a quick plan of action for the incident in which they are responding. The consoles will be equipped with a map/white board to set perimeters and document important facts. Drawers in the console will ensure that the supervisor and his/her subordinates have the equipment needed at hand as rapidly as possible. Approval of the Annual Kicks 4 Guns Firearms Turn-In Initiative: Request for 4. up to $3,000 from the State Equitably Shared Funds (Forfeiture Funds). (Police Chief Brown) Clear Channel-REAL Radio in partnership with the Central Florida Crimeline will be organizing the annual Kicks 4 Guns (gun turn in). The event is scheduled for August 20th. Law enforcement hosts for the initiative typically give $50 gift cards for firearms turned in. Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood or school resource officer program(s). The Ocoee Police Department requests to spend up to $3,000 from its Forfeiture account for the purchase of gift cards to trade for guns in conjunction with the Central Florida Crimeline and REAL Radio 104.1 FM "Kicks 4 Guns" turn-in program. Approval of Mitigation Credit Purchase and Escrow Agreement for the 5. Environmental Impact of the Consumer Court Lift Station #62 Project. (Utilities Director Smith) At the City Commission meeting held on June 16, 2015, the Consumer Court Lift Station #62 Construction Project was approved and funded by the City. The construction of this lift station is necessary to address operational issues and to increase system capacity of the current sanitary sewer collection system on the south side of the roadway west of Bluford Avenue, and the north side of the roadway west of Maguire Road. The sanitary systems servicing those areas currently flow to the east, combine and then convey the flow to Lift Station #7. The construction of Lift Station #62 will redirect the flow west, reducing the flows to the remaining system. As is customary for these types of projects, the Utilities Department moved through the permitting process with various agencies, including the Florida Department of Environmental Protection (FDEP), the St. Johns River Water Management District (SJRWMD) and the United States Army Corps of Engineers (USACOE) for the wetlands impact and mitigation. As part of the environmental permitting process, approval of the permit shall be conditioned upon the purchase of credits as compensatory mitigation of the wetlands. The construction of Consumer Court Lift Station #62 will impact approximately 957 square feet of the wetlands located to the south of the project, and therefore, requires a .02 credit purchase from the Wekiva River Mitigation Bank, LLC for the price of $2,200.00. G.PUBLIC HEARINGS Georgia Street Right-of-Way Vacation. 6. (Canceled and to be re-advertised and heard at a (City Planner Rumer) later date.) Georgia Street is a 60 foot unimproved right-of-way running in an east-west direction. The right-of- way was platted under the Map of Ocoee plat. Georgia Street is located north of Maine Street and south of Crooked Creek Drive. The western portion of Georgia Street located between Richmond and Chicago was previously vacated. 2 | Page Regular City Commission August 18, 2015 Public Hearing and Discussion of the Annual Rate Resolution for the Fiscal Year 7. 2016 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 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 5, 2015, staff produced an updated Assessment Roll and compared it to the roll created in the prior year for the FY 2015 assessment. The differences identified impacted 152 property owners, typically due to new construction, annexation or a change in use; two owners had confidential addresses that we could not access. Using the addresses provided by the Orange County Property Appraiser, a written notice was sent by first-class postage to the affected 150 property owners for which we had addresses advising them of the new assessment, the date and time of the public hearing and other required information. Three notices were returned for undeliverable addresses. Other parcels for which the maximum possible assessment did not change are considered to still be covered by the notice mailed to the property owner in 2013. H.REGULAR AGENDA Code Enforcement Reduction of Fine/Lien for Charles Lowery, RE: 1000 Center 8. Street. (Support Services Assistant Director Gaines) This property was cited on January 13, 2011, by Officer Carmen Delgado for miscellaneous junk and debris on the property. The code in violation was §115-3, Prohibited Acts; for junk and debris. On March 3, 2011, the Code Enforcement Board issued an order to comply by April 12, 2011, or be fined $100.00 per day per violation. On April 26, 2011, the Code Enforcement Board imposed the accruing fine and lien as of April 12, 2011, for non-compliance of §115-3. Jamke, A California General Partnership, purchased the property for $55,400.00 on May 6, 2015, and they brought the property into compliance on June 2, 2015. Barney Killinger of Pro Auctions Services (Representative for Jamke) appeared before the Code Enforcement Board on July 28, 2015, and requested a reduction of the fine/lien amount of $152,100.00, plus City’s cost of $2,521.00 totaling $154,621.00.The Code Enforcement Board is recommending the fine/lien be reduced to $2,521.00, the City’s cost. Issues Regarding the Human Relations Diversity Board (HRDB). (Support 9. Services Director Butler) a) Request by the City’s Human Relations Diversity Board to Waive the Rental Fees for the Lakeshore Center and Bill Breeze Park for use by the International Cultural Exposition on May 13-14, 2016. The Ocoee City Commission provided additional start-up funding of $12,000 to the City’s Human Relations Diversity Board (HRDB) as part of the Adopted FY 2015 Budget in order to transform the historically Latin-focused Fiesta de Colores into a larger event celebrating the broader diversity of the City’s residents and their heritages. The result was the International Cultural Exposition, which will be held on May 13-14, 2016. This City-sponsored event will include cultural and ethnic art, dance, food and exhibitions representing the 37 culturally-distinct groups now residing in the city, according to the 2010 Census. The event will utilize the Community Center, Bill Breeze Park and Withers-Maguire House and is already on the reservation calendar for these facilities.The HRDB is requesting the City to waive the rental fees associated with the facilities for the 2016 International Cultural Exposition. b) Proposed Amendment and Resolution to Enabling Legislation Related to Non- Resident Members of the Human Relations Diversity Board. The Ocoee City Commission took up the question of appointing a non-resident to the City’s Human Relations Diversity Board (HRDB) at its August 4, 2015, meeting. The discussion eventually centered on the question of how such decisions may be consistently made. Staff was subsequently directed to work with the HRDB to develop various options that could be implemented in a resolution. This topic was taken up at the August 6, 2015, regular meeting of the HRDB at which time general approaches were agreed upon with subsequent e-mail discussion between City staff and the HRDB Chair, Ira Calloway. 3 | Page Regular City Commission August 18, 2015 The HRDB members agreed that non-residents of the city have the potential to provide specific benefits and should continue to be eligible for appointment. The HRDB also agreed that there should be a numeric limit on the number of non-residents appointed. Working with staff, a proposal was developed that provides the clarity requested by the City Commission while being consistent with the wishes of the HRDB by modifying Article III, Section B of the current enabling legislation language. c) Consideration to Waive the Residency Requirement for Reappointment to the Human Relations Diversity Board. (Continued from the August 4, 2015 Commission Meeting.) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has ten (10) members, and their resolution allows no less than seven (7) members and no more than thirteen (13) members. One (1) application has been submitted to serve on the board; Barbara Anne Boudokhane is no longer a resident of Ocoee; however, per the Board’s Bylaws, the City Commission can waive the foregoing membership qualifications when the City Commission deems it appropriate. Ms. Boudokhane has expressed an interest in being reappointed to the Human Relations Diversity Board for a term ending May 2018. Staff recommends that the City Commission consider waiving the residency requirement and reappoint Ms. Boudokhane to the Human Relations Diversity Board with a term ending May 2018. d) Relocate African-American Memorial from Right-of-Way of Basking Ridge Court to the Lakeshore Center Memorial Area. HRDB is concerned that the location of the African-American Memorial is too difficult for visitors to find, has not provided sufficient visibility for recognition and protection of the memorial and is unsuited to group gatherings. During a discussion at multiple HRDB meetings, a suggestion was made by Commissioner Keller and endorsed by the HRDB to seek permission to relocate the memorial to a site that addressed these various shortcomings: the Lakeshore Center Memorial Plaza on Oakland Avenue. Although the Memorial Plaza is primarily dedicated to members of the Armed Forces, it also contains a peace pole with a message written in multiple languages and honors those local residents whose memory is a part of the City’s notable history. The language of the monument itself is also consistent with the general nature of the Memorial Plaza. The monument would be placed to the north of the existing memorials, which is suitable for additional monuments. I.STAFF ACTION ITEMS J.COMMENTS FROM COMMISSIONERS ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. 4 | Page