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08-18-15 MINUTES August 18,2015 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor 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 Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Grogan, Commissioner Wilsen, Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Presentation of Officer of the Second Quarter Award to Detective Loretta Ganoe CACOPD Chair Laney gave a summary of events that led to the Board's decision and awarding of Officer of the 2nd Quarter to Detective Loretta Ganoe. Central Florida Film Festival (CENFLO)Video Presentation Assistant City Manager Shadrix briefly spoke about the Central Florida Film Festival and introduced Ginger and Bob Cook. Mrs. Ginger Cook, Deputy Director of the Central Florida Film Festival, provided .a video highlighting some of the films that will be shown at their upcoming event. She further explained the films that will be showcased as well as the Q&A sessions scheduled. Event will take place at the West Orange 5 Movie Theater. For more information go to www.centralfloridafilmfestival.com. Proclamation - The First Day of School Challenge—August 23,2015 Mayor Grogan proclaimed August 23, 2015, as The First Day of School Challenge. Founders' Day Trophy Presentation Commissioner Johnson shared that a few weeks ago they attended the Florida Festival & Events Association where the City received several trophies. Michelle Berkstein was asked to explain the awards and categories the City received. Commissioner Johnson thanked Ms. Berkstein and several City staff members that were present for their efforts and time with planning the Founders' Day event. C. COMMENTS FROM CITIZENS/PUBLIC Fred Wilsen, Ocoee Lions' Club Member, said they would like to request use of the Tom Ison Senior Citizens and Veterans Center for their Annual Texas Hold'em Fundraiser. They are requesting approval of waiving all associated facility fees and allow alcohol for this event. The event is scheduled for October 24, 2015. Commissioner Johnson, seconded by Commissioner Keller, moved to waive all associated facility fees and allow the serving of alcohol at the Tom Ison Senior Citizens and Veterans Center for the Annual Texas Hold'em Fundraiser hosted by the Ocoee Lions' Club on October 24th. Motion carried 4-0. Regular City Commission August 18,2015 Mayor Grogan briefly asked Ocoee Lions' Member Fred Wilsen to explain the Florida Project: Right to Sight Program that the fundraiser will be helping. D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — announced school does open next week so please be careful and watch out for the children. Commissioner Johnson—None Commissioner Wilsen - shared that she walks in the mornings and notices many drivers not paying attention. She asks that residents please be mindful when driving, especially when the children will be crossing the road. Mayor Grogan-None F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #5. Motion carried 4-0. 1. Approval of Minutes fir the Re.ula Como is ion Meeting held August 4, 2015. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-0. 2. Appointment of Fifth Trustee to the Police Officers'and.Firefltliters' Retire,zn.nt Trust Fund Board of Trustees. (Ci ty 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. Approved on Consent. Motion carried 4-0. 3. Approval of the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2014 Application #2015-H2856-FL-DJ. (Police Chief Brown) 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. _ _ _ 2IPage Regular City Commission August 18,2015 Approved on Consent. Motion carried 4-0. 4. Approval of the Annual Kicks 4 Guns Firearms Turn-In Initiative: Request for 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. Approved on Consent. Motion carried 4-0. 5. Approval of Mitigation Credit Purchase and Escrow Agreement for the 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. Approved on Consent. Motion carried 4-0. G. PUBLIC HEARINGS 6. Georgia Street Right-of-Way Vacation. (Canceled and to be re-advertised and heard at a later dare.) (City Planner Rumer) 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. City Manager Frank advised this item has been cancelled and will be re-advertised to be heard at a future date. 3IPage Regular City Commission August 18,2015 7. Public Hearing and Discussion of the Annual Rate Resolution for the Fiscal Year 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. Support Services Director Butler explained the City Commission on May 5, 2015, adopted the Preliminary Rate Resolution and set the maximum rate at $69.50 per net fire protection unit which is the same as last year. An updated Assessment Roll was compared to the roll created in the prior year for the FY 2015 assessment, and the differences identified impacted 152 property owners, typically due to new construction, annexation or a change in use. Explanation was given on the public notice and rate of assessment. Discussion ensued regarding the total fee assessment collected and bonds. The public hearing was opened. As no one wished to speak,the public hearing was closed. City Attorney Cookson read the title of the resolution. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Resolution No. 2015-013 Annual Rate Resolution for the Fiscal Year 2016 Fire Protection Assessment. Motion carried 4-0. The resolution as adopted carries the following title: RESOLUTION NO.2015-013 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; ENDORSING THE METHOD OF ASSESSING FIRE PROTECTION ASSESSED COSTS AGAINST ASSESSED PROPERTIES LOCATED WITHIN THE CITY OF OCOEE; AMENDING THE TOTAL AMOUNT OF REVENUE TO BE GENERATED; ADOPTING THE FY 2016 RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL FOR FISCAL YEAR 2016; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 4IPage Regular City Commission August 18,2015 H. REGULAR AGENDA 8. Code Enforcement Reduction of Fine/Lien for Charles Lowery, RE: 1000 Center Street. (Support Services Assistant Director Gaines) [his 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. Support Services Assistant Director Gaines gave a brief history of the case. He further advised 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. Support Services Assistant Director Gaines provided before/after pictures of the property advising it is being maintained. Barney Killinger advised that the property was purchased in June for which he purchases foreclosed homes on a regular basis. They have a standard rule in their company to immediately bring property into living standard and code compliance once they acquire it. They are asking for the Commission to consider reducing the lien amount. Commissioner Johnson inquired if the property was sold. Mr. Killinger answered in the affirmative. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve reduction of fine/lien to the City's cost of $2,521.00 payable within 30 days or the fine reverts back to the original amount. Motion carries 4-0. 9. Issues Regarding the Human Relations Diversity Board (HRDB). (Support 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. 5 I Pa g e Regular City Commission August 18,2015 Support Services Director Butler explained this request is for the waiver of the rental fees for the Lakeshore Center and Bill Breeze Park associated with the International Cultural Exposition, which is a City sponsored event to take place on May 13-14, 2016. Commissioner Wilsen, seconded by Commissioner Johnson, moved 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. Motion carried 4-0. 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. 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. Support Services Director Butler explained this item and Item C are a follow-up from the August 4th meeting regarding the waiving of residency requirement for appointment to the HRDB. This topic was taken up at the August 6, 2015, regular meeting of the HRDB where the members agreed that non-residents of the city have the potential to provide specific benefits and should continue to be eligible for appointment. In deciding whether to waive the basic membership requirements, the HRDB came up with three conditions for which the City Commission shall consider. They also agreed that there should be a numeric limit on the number of non-residents appointed. Commissioner Keller said as the liaison for the board he feels the conditions being proposed are a great idea since there are times that people outside the City limits can assist the community. The new language clarifies the intent of that purpose and also sets a limit on the number of outside residents allowed which was not done in the past. City Attorney Cookson read the title of the resolution. Commissioner Wilsen inquired if Condition #3 would include outside business owners. Support Services Director Butler answered in the affirmative. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Resolution No. 2015-014 Amending Resolution No. 2013-007 Relating to the Human Relations Diversity Board by Altering and Clarifying Membership Qualifications. Motion carried 4-0. Wage Regular City Commission August 18,2015 The resolution as adopted carries the following title: RESOLUTION NO. 2015-014 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING RESOLUTION NO. 2013-007 RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY ALTERING AND CLARIFYING MEMBERSHIP QUALIFICATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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. Support Services Director Butler explained that with the current adoption of the resolution he feels they should give Barbara Anne Boudokhane the opportunity to provide the evidence that is now required as a non-resident applicant. Mayor Grogan announced that this item will be moved to the next meeting. 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. Support Services Director Butler explained that this was an idea that arose from the HRDB who had several concerns regarding the location of the African-American Memorial. They felt due to being in a residential subdivision it would be difficult for visitors to find and is unsuited to group gatherings. There were also concerns about vandalism. Commissioner Keller explained that during the HRDB board discussions some of the items that came up are that the City does not own the property behind the fence; and also, that when x-raying and testing of the property was conducted, there were never any findings of bodies indicating that this area truly was a cemetery. The third concern was the location of the current monument in the right-of-way. Commissioner Keller advised that the suggestion he came up with was to put this monument in the Veteran's Memorial area, which the Board agreed. Commissioner Johnson commented that he does not have a problem with putting it somewhere in that area, but not with the Veteran's Memorial since they are working on getting a Vietnam Memorial to place there as well. Mayor 7IPage Regular City Commission August 18,2015 Grogan advised he was thinking they should place it in the Ocoee Cemetery or in a house of worship. He further inquired what was going to become of the land and if the City was looking to vacate it. Commissioner Wilsen asked HRDB Member William Maxwell if he was on the West Orange Reconciliation Task Force. HRDB Member Maxwell advised he did not serve on that board, but he did work closely with Lester Dabbs. Further discussion ensued regarding the relocation of the monument. After a lengthy discussion, consensus was to move the memorial and find a separate place in the Bill Breeze compound, not with the Veteran's Memorial. Mayor Grogan also asked that it be suggested to the HRDB Board to come up with a ribbon cutting or some type of recognition event for the memorial. I. STAFF ACTION ITEMS City Manager Frank reminded everyone that the Budget Workshop for tomorrow, August 19th was cancelled by the Commission. J. COMMENTS FROM COMMISSIONERS Commissioner Keller-None Commissioner Johnson—None Commissioner Wilsen — reminded everyone about the Central Florida Film Festival (CENFLO) on Labor Day Weekend. Mayor Grogan — recommends the Commission consider having the current Code Board Attorney act as the magistrate for the Code Enforcement Board and sunsetting the board. He feels this will help with the inconsistency and confusions on the fine reduction recommendation. He has already spoken with the Code Board Attorney who has indicated she is willing to serve as magistrate. This can come back at a later date for discussion and action. ADJOURNMENT Meeting adjourned at 8:23 p.m. APPROVED: Attest: City of Ocoee • ' 1 4 �v '1! L 0IAA Li �v- B"Eikenberry, City Cler Grogan,M r 8IPage