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Item #11 Resolution 2015-019 Establishing a Time Frame for Existing Gated Subdivisions to become compliant with Click to Enter Access Technology and Establishing a Level of Funding Assistance for Existing Gated Subdivisions O C O e P lloroslo AGENDA ITEM COVER SHEET Meeting Date: November 17, 2015 Item # 11 Reviewed By: Contact Name: William Wagner Department Director: Charles Bros- , Contact Number: 407-905-3160 x3319 City Manager: Rob Fran ,/ ( Subject: RESOLUTION ESTABLISHING A TIME FRAME FOR EXISTING GATED SUBDIVISIONS TO BECOME COMPLIANT WITH CLICK TO ENTER ACCESS TECHNOLOGY AND ESTABLISHING A LEVEL OF FUNDING ASSISTANCE FOR EXISTING GATED SUBDIVISIONS Background Summary: On July 21, 2015, the City of Ocoee City Commission adopted amendments to Section 153-5.7, City of Ocoee Code of Ordinances, requiring all gated communities and subdivisions to install and maintain a uniform access system for emergency access to their respective gated communities. On the same date, the City Commission adopted Resolution No. 2015-010, establishing Click to Enter and the Knox Box key access systems as the uniform access systems. In its discussions on July 21, 2015, the City Commission debated options for compliance deadlines and options for funding assistance that the City might provide to existing gated communities. Because compliance with the uniform access systems is deemed a serious public safety concern, the City Commission established a 2015-2016 budget funding amount of $60,000.00 to assist existing gated communities in becoming compliant with the new system technology. Based on the 2015-2016 budget allocation for this purpose, the funding reimbursement amount for each individual gate will be capped at an amount not to exceed $1,818.00 per entrance gate. Reimbursement will be provided to subdivisions upon written request on forms described by City staff, including submittal of the original receipt. Eligible reimbursable expenses are limited to the purchase of the device, installation of the System, and any programming that may be required to establish the System; only an authorized Click to Enter distributor or installer can complete the installation. All system upgrades must be completed by July 1, 2016 and must be inspected by the City Fire Chief prior to being deemed operational. All requests for reimbursement must be received by the City on or before September 15, 2016. Issue: Should the Honorable Mayor and City Commissioners approve a resolution establishing July 1, 2016 as the date by which existing gated communities must install and have operational the Click to Enter and Knox Box uniform access systems, and establishing as an eligible budget reimbursement amount per gate, an amount not to exceed $1818, to gated communities to assist with costs limited to the purchase of the device, installation of the device, and any programming that may be required to establish the device? Recommendations City Staff recommends that the Honorable Mayor and City Commissioners approve a resolution establishing as July 1, 2016 as the date by which existing gated communities must install and have operational the Click to Enter and Knox Box uniform access systems, and establishing as an eligible budget reimbursement amount per gate, an amount not to exceed $1818, to gated communities to assist with costs limited to the purchase of the device, installation of the device, and any programming that may be required to establish the device. Attachments: Resolution. Financial Impact: The total 2015-2016 budget amount for reimbursement to existing gated communities is $60,000.00. Type of Item: [ ] Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading Consent Agenda ❑ Ordinance First Reading [ ] Public Hearing x❑ Resolution Regular Agenda [ ] Commission Approval ❑ Discussion&Direction [x] Original Document/Contract Attached for Execution by City Clerk El Original Document/Contract Held by Department for Execution Reviewed by City Attorney Scott A. Cookson, Es• ❑ N/A Reviewed by Finance Dept. � . �1 ❑ N/A Reviewed by ( ) ❑ N/A RESOLUTION NO.2015-019 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A TIME FRAME FOR EXISTING GATED SUBDIVISIONS TO BECOME COMPLIANT WITH THE ACCESS TECHNOLOGY KNOWN AS CLICK TO ENTER; ESTABLISHING A LEVEL OF FUNDING ASSISTANCE FOR EXISTING GATED SUBDIVISIONS TO COMPLY WITH SAID ACCESS TECHNOLOGY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article I, Chapter 153, of the Code of Ordinances of the City of Ocoee (hereafter"City Code"),relates to the use of the right of way; and WHEREAS, the City Commission of the City of Ocoee (hereafter "Commission") has considered and adopted, in a duly noticed public hearing, amendments to Article I, Chapter 153, pertaining to emergency access to gated subdivisions, including creating a new Section 153-5.7 in the City Code; and WHEREAS, the amendments creating Section 153-5.7 of the City Code require gated subdivisions to install and maintain in an operational status uniform technology for accessing said gated subdivisions by the City for emergency access and in the interest of the public health, safety, and welfare; and WHEREAS, on July 21, 2015, the Commission adopted Resolution No. 2015-010, to establish the Click to Enter access system and the Knox Box key access system for all gates (hereafter "System") as the required emergency vehicle access system for all gated subdivisions or gated communities located within the City limits; and WHEREAS, the Commission finds that compliance with the System by all gated subdivisions existing within the City limits as of July 21, 2015, is a concern of the City's public safety personnel and its citizens; and WHEREAS, Section 153-5.7 of the City Code further requires the Commission to adopt a Resolution establishing compliance time frames for installation of the System to those gated subdivisions existing within the City limits as of July 21, 2015; and WHEREAS, the Commission desires to establish a level of funding assistance for those gated subdivisions that were existing within the City limits as of July 21, 2015, and a date by which these existing gated subdivisions will become compliant with said System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Existing Gated Subdivisions. Gated subdivisions existing within the City limits as of July 21, 2015, shall comply with the provisions of Section 153-5.7 of the City Code, Resolution 2015-010, and this Resolution on or before July 1, 2016. Compliance shall mean that the System is installed, inspected, and fully operational. Any request for an extension or exemption shall be placed in writing and delivered to the Fire Chief In all cases, following installation of the new technology, the System must be inspected, approved, and deemed compliant with the provisions of Section 153-5.7 of the City Code and Resolution 2015-010 by the Fire Chief SECTION 3. Funding. The Commission hereby finds it is in the best interest of the City to provide funding assistance for the benefit of gated subdivisions existing within the City limits as of July 21, 2015, solely for the purpose of achieving compliance with Section 153-5.7 of the City Code, Resolution 2015-010, and this Resolution in the time period provided herein. Pursuant to the budget allocation for this item, funding assistance is capped at an amount not to exceed $1,818.00 per entrance gate, and may only be used for the purchase of the device, installation of the System, and any programming that may be required to establish the System from an authorized Click to Enter distributor or installer (deemed "eligible costs"). The City will assume no maintenance cost or obligation for the System and the City will not reimburse taxes or any other costs. Funding by the City to assist with the above-referenced eligible costs will be done on a reimbursement basis, upon timely receipt by the City of the requisite paperwork, including the original receipt, from the President or Treasurer of the duly established Homeowner's Association for the gated subdivision seeking reimbursement. Reimbursement for eligible costs shall not exceed $1,818.00 per entrance gate and all requests for reimbursement must be received by the City on or before September 15, 2016. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 20 . APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Beth Eikenberry, City Clerk Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 . SHUFFIELD,LOWMAN& WILSON,P.A. By: City Attorney