12-06-16 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
DECEMBER 6,2016 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 for Life Saving Award to Corporal Nathan Koch. (Deputy Chief McCosker)
Presentation for Officer of the Third Quarter to Detective Andrew Motes by Deputy Chief
McCosker and the CACOPD Board Members.
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER TI IF 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 WIIICII CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT
ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Regular Commission Meeting held November
1,2016. (City Clerk Sibbitt)
2. Approval of Appointment to the Human Relations Diversity Board (3-year
term). (City Clerk Sibbitt)
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human
Relations Diversity Board has eleven(11)members, and their resolution allows no less than seven(7)
members and no more than thirteen (13) members. An application has been received by Billie Jean
Daily, who has shown an interest in being appointed to the Human Relations Diversity Board for a
term ending May 2019.
3. Approval of Reappointment to the Citizen Advisory Council for Ocoee Police
Department and Appointment of New Member (3-year terms). (City Clerk
Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The
Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has
ten(10)members. Two(2)members have terms expiring January 2017, and Terry Titus wishes to be
considered for reappointment for another three-year term, and Amy Clark declined reappointment at
this time. Additionally, one application has been received by Ocoee resident, Marc Bray, who has
shown an interest in being appointed to the Citizen Advisory Council for Ocoee Police Department
for a term ending January 2020.
Regular City Commission
December 6,2016
4. Approval of Resolution of Support for the Florida Alliance of Boys and Girls
Clubs. (City Clerk Sibbitt)
The West Orange Boys and Girls Club has a long history in the City of Ocoee community of
providing after-school educational programs. The City of Ocoee was asked to support the Florida
Alliance of Boys and Girls Clubs in its request to the Florida Legislature of funding.
5. Approval of First Amendment to Development and Economic Incentive
Agreement for City Center West Orange—Phase 1. (City Planner Rumer)
On September 6, 2016, the City Commission approved and executed a Development and Economic
Incentive Agreement for City Center West Orange - Phase 1, by and between CCWO Development
Management, LLC, WSCC Development, LLC, MB II, the City of Ocoee, and the Ocoee CRA, for
the development of City Center West Orange. Subsequent to the execution of the Original
Agreement, which was on October 3, 2016, on October 13, 2016, CBPW acquired the property fee
simple from WSCC Development, LLC by a Special Warranty Deed. By its acquisition of the above
referenced parcels, CBPW must undertake all obligations inuring to WSCC Development, LLC and
CCWO Development Management,LLC under the Original Agreement and by this Amendment.
6. Approval of McCormick Reserve Phase 2 Plat. (Development Engineer
Womack)
This plat is for Phase 2 of the McCormick Reserve subdivision. The McCormick Reserve subdivision
is located on the south side of West McCormick Road between the Brynmar Subdivision and the
Kensington Manor Subdivision. The overall subdivision contains approximately 134 single-family
residential lots on approximately 45.09 acres of land. The McCormick Reserve subdivision features
two residential lot sizes—50'x120' and 60'x120'. Ryan Homes is the homebuilder for this non-gated
subdivision. The Phase 2 portion of the development comprises 68 of those lots on approximately 15
acres of land. Platting is due to occur prior to the subdivision receiving a Certificate of Completion;
therefore, the developer has provided a Surety (Letter of Credit) for the remaining public
improvements. In the case of the McCormick Reserve subdivision, the only outstanding public
improvement is the completion of the subdivision roads for Phase 2.The subdivision is not planned to
be gated;therefore,a Traffic Enforcement Agreement is not necessary.
7. Approval of the Second Supplement to Master Water and Sewer Bond
Resolution 2016-017. (Chief Accountant Briggs)
The City Commission adopted the Master Water and Sewer System Bond Resolution 2016-017 on
November 1, 2016. As the final documents for the 2016 Water and Sewer Refunding and Revenue
Bonds issue reach completion, a request for clarification related to future defeasance was made. At
the recommendation of counsel,the attached amendment is before the Commission for approval.
The revision is a supplement to Section 6.03(B), clarifying that in the unlikely event of a defeasance
undertaken with municipal bonds, that the securities for the underlying escrow will be secured with
cash or non-callable obligations of the United States of America and unconditionally guaranteed as to
the timely payment of principal and interest by the United States of America. The supplement further
requires verification agent review and reporting as to "defeased municipal bonds." The City Manager,
Finance Director, Financial Advisor and Bond Counsel understand that making this change, which
supplements the verification provisions for water and sewer bonds, has no detrimental effect and has
no additional cost for the City.
8. Approval of Allocation of Funds to Cover Shortages in General Fund Expense
Accounts for FY 2016. (Finance Director Horton)
Expenses for general fund legal services and Fire Department salaries exceeded budgeted amounts for
Fiscal Year 2016. Funds need to be transferred to cover these shortages since there are not excess
funds available in the departments.
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9. Approval of Tenant Estoppel Certificate and Subordination, Non-Disturbance
and Attornment Agreement for Fountains West Shopping Center. (Fire Chief
Miller)
In a lease dated May 7, 2012, the City of Ocoee and Ocoe, LLC, entered into an agreement for the
Ocoee Fire Department to lease approximately 1,440 square feet of space located in the Fountains
West Shopping Center. In 2015, the lease was extended for an additional two-year period and is due
to expire in May 2017. At this time, Fountains West Shopping Center is being refinanced. Pursuant
to Section 11.01 and Section 22.11 of the lease agreement, the City as Tenant agrees to promptly
consent to and execute documents required for the landlord to complete its transaction. These
documents, a Subordination and Attornment Agreement and Tenant Estoppel Certificate, have been
provided for approval by the City Commission and execution by the Mayor.
10. Approval to use $4,811.83 of the Pre-Planning Incident Software to cover the
CAD to RMS Interface. (Fire Chief Miller)
The Ocoee Fire Department's CAD to RMS interface allows for the City's software to communicate
with the Orange County Fire Department's CAD system, which is essential for reporting and
compliance with the Fire Dispatch Services Interlocal Agreement with Orange County. The approved
City budget includes the purchase of the CAD to RMS Interface at a not-to-exceed amount of
$8,578.50. The amount normally billed annually for CAD services by Orange County under the
adopted Interlocal Agreement slightly exceeded the expected amount, which resulted in a shortfall of
$4,811.83 needed to complete the purchase of the CAD to RMS interface. The additional amount will
come from the following account: Pre-planning Incident Software 001-522-00-6405 -$4,811.83.
11. Approval of Renewal of Radio Services Agreement with Motorola, Inc. (Police
Chief Brown)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase
of the Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with
Orange County's radio system. Also purchased with the radio system was a service maintenance
agreement. The agreement is required for equipment that is no longer under factory warranty.
Included in the agreement is all covered radio equipment currently owned by the City of Ocoee with
the exception of the radio equipment purchased by the City for the Fire Department. The cost of the
service agreement for the next 12 months is$23,943.36.
12. Approval of Update and Renewal of Municipal Inter-Local Voluntary
Cooperation Mutual Aid Agreement. (Police Chief Brown)
Currently, the City of Ocoee Police Department participates in a Municipal Inter-Local Voluntary
Cooperation Mutual Aid Agreement with the Cities of Apopka, Belle Isle, Eatonville, Edgewood,
Maitland, Orlando, Winter Garden, and Winter Park, the Towns of Oakland and Windermere, the
University of Central Florida, and the Florida Agricultural and Mechanical University Department of
Public Safety. As these law enforcement agencies are located in close relation to each other, it is to
the advantage of each to receive and extend Mutual Aid in the form of law enforcement services and
resources to adequately respond to continuing, multi jurisdictional law enforcement problems, so as
to protect public peace and safety, preserve the lives and property of people, and in intensive
situations, including but not limited to emergencies as defined under Section 252.34 Florida Statutes.
This agreement expires on January 1,2017.
The participating agencies have agreed to expand the Municipal Inter-Local Voluntary Cooperation
Mutual Aid Agreement by including the Cities of Kissimmee and St. Cloud, which also interact
closely with the participating agencies. The Florida Agricultural and Mechanical University
Department of Public Safety has been removed from the agreement. Additionally,the agreement has
been revised to include the ability to aid in the arrest of fleeing suspects, continuing investigations,
and the service of search warrants, which enter into the jurisdictional boundaries of another
participating agency.
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13. Approval to Award the Continued Administration of the Abandoned
Residential Property to Community Champions. (Police Chief Brown)
The City of Ocoee established an Abandoned Residential Property Program as a mechanism to protect
residential neighborhoods from becoming blighted through the lack of adequate maintenance and
security of abandoned properties. These properties not only create code violations, but they also
produce fire hazards, attract children, and the homeless. They are taken over by squatters and house
criminal enterprises. These issues are compounded when the individual property ownership is being
disputed and the property does not have up to date contact information. Without a registry the police
and code enforcement are unable to prosecute or even trespass the individuals involved, leaving the
properties to further neglect and the neighborhoods blighted. The Vacant Property Ordinance
established a registration requirement for abandoned properties or properties in the process of
foreclosure. This registry has provided a database for police, fire and code enforcement personnel to
utilize immediately in order to deter continued neglect of these properties and the negative effects
they have on the community. Community Champions, once Federal Property Registration Corp., has
been administering this registry for the City of Ocoee to include: records administration, providing
internet website registration, fee payment, and fee collection, monthly financial and registration
reporting,data tracking and status updates. To date,Community Champions has remitted$253,700 to
the City of Ocoee with no actual cost to the City.
14. Approval of Resolution to Specifically Designate The Vineyards as a Golf Cart
Community. (Police Chief Brown)
The City has an ordinance in place authorizing the use of golf carts (the "Golf Cart Ordinance")
within certain communities and streets pursuant to the provisions of Article III of Chapter 153 of the
Ocoee City Code. The purpose of this Resolution is to specifically designate the following
subdivision as a Golf Cart Community as defined in the Golf Cart Ordinance: The Vineyards. Public
Works will install road signs and a map will be posted on the City's website in order to inform the
public of the boundaries.
15. Approval of Lake Prima Vista Nutrient and Hydrologic Management Plan with
Amec Foster Wheeler. (Public Works Director Krug)
The Public Works Stormwater Division, the Florida Fish and Wildlife Conservation Commission
(FWC), along with adjacent residents, have observed a visible change in the water quality of Lake
Prima Vista over the last two years. The City participates in the University of Florida's volunteer
Lakewatch water quality monitoring program to determine the health of the City's lakes. Utilizing
the Lakewatch data, Lake Prima Vista has recently been labeled an "Impaired Water" by the Florida
Department of Environmental Protection (FDEP) due to elevated nutrient concentrations. Working
with FWC, FDEP, St. Johns River Water Management District and other municipalities who have
experienced similar impairment issues, it was determined the City needed to secure the services of a
firm which specializes in environmental restoration measures. The unique nature of the nutrient
loading requires specialized testing to determine corrective action.
Amec was recommended by peers, along with other Municipalities and Environmental Firms for their
qualifications and expertise to sample, evaluate and determine the required corrective actions. Amec
has current contracts with Orange County for lake management, Seminole County for stormwater
management and permitting along with continuing services contracts with the Lake County Water
Authority and City of Maitland. The Amec team has local experience with similar issues,particularly
with the Lake County Water Authority on the chain of lakes taking effluent from Lake Apopka.
Amec also has an unrelated continuing contract with Ocoee for surveying and mapping.
Public Works has met with Amec to derive a detailed sampling program in order to create a water
quality improvement plan with a projected fourteen (14) month completion time. Public Works
recommends waiving the formal bid process for this specialized environmental work and issuing a
purchase order to Amec to proactively determine the nutrient loading source and corrective actions
required to maintain Lake Prima Vista as a healthy water body. Public Works has been in contact
with other municipalities to verify the pricing is in line with the scope of work and the $62,297.19
negotiated for these services fall within industry standards and is adequately funded in the Stormwater
Division.
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16. Approval of Traffic Signal Maintenance Agreement with Control Specialists.
(Public Works Director Krug)
The Commission approved utilizing Control Specialists for traffic signal maintenance at the
September 15, 2009, meeting by piggy-backing on an existing City of Maitland Agreement. The
agreement with Control Specialists has provided proactive inspections and repairs for maintaining the
City's traffic signals. Maitland's original contract expired and a new two-year contract has been
executed with Control Specialists. Public Works is requesting Commission approval to continue
contracting with Control Specialists by piggy-backing on Maitland's new agreement for Signal
Maintenance. Control Specialists is maintaining their pricing from the previous agreement without a
price increase. Public Works meets several times per year with the FDOT and local agencies from
Orange, Osceola and Seminole Counties to discuss signalization maintenance and operations. Public
Works has determined from discussions at the regional meetings that Control Specialists continues to
provide the most cost-effective service option for Ocoee to proactively maintain our City's signal
system. The adopted budget amount for FY 2017 is $57,000, including services for monthly
inspections and maintenance along with unanticipated repairs and upgrades. Public Works
recommends piggy-backing on the Maitland agreement with Control Specialists for the two-year term
with an optional one-year extension.
17. Approval of Code Enforcement Foreclosure of Fine/Lien for A9 Estates LP; Re:
1517 Ison Lane. (Assistant Support Services Director Gaines)
This property was cited on May 1, 2012, for an expired/suspended/un-inspected owner/builder
electrical permit. The code in violation was §51-13, Work Without a Permit. On June 26, 2012, the
Code Enforcement Board issued an order to comply by July 13, 2012, or be fined $150.00 per day.
On July 24, 2012, the Code Enforcement Board imposed the accruing fine and lien as of July 13,
2012, for non-compliance of §51-13. The new property owner, A9 Estates LP, purchased the
property for $116,300 on April 7, 2016. The property is still in non-compliance, but was re-cited
listing the new owner. The owner at the time of the violation,Joy Lynn Krumweide, lost the property
to HSBC Bank USA, National Association on January 8, 2016. A Certificate of Service of Final
Judgement of Foreclosure was issued naming the City of Ocoee. The City's $237,750 lien was
dismissed during foreclosure. After detailed research with the Assistant City Attorney, it is
recommended the fine/lien be erased due to the foreclosure.
18. Approval of Water Main Relocation Proposal in Conjunction with S.R. 50
Widening Project by West Colonial Ocoee Development. (Utilities Director
Smith)
The State Road 50 (Dash - 3) Project calls for certain City water and sewer mains to be either
relocated or replaced, subject to the new roadway widening configurations. One water main located
on the north side of the highway between Bluford Avenue and Maguire Road is being replaced due to
its location and non-conforming material composition. The west end of the main, which will be
within the Maguire Road intersection, will be very difficult to install, and future maintenance on the
line would be very complicated due to all its conflicts with other utilities and the traffic control
device. Currently,the West Colonial Ocoee Development(former Sabal Hotel)calls for certain water
main improvements, which, if enhanced upon, could be used as a more favorable alternate route for
the City's new main. Staff has reached out to the developer, who has agreed to install the line in the
amount of$46,860. The estimated cost to have the line installed by the FDOT contractor is $48,370.
Utilizing the West Colonial Ocoee proposal, the City will realize a net savings of$1,510. In addition
to the savings, West Colonial Ocoee Development has agreed to provide a 10' (ten foot)wide utility
easement centered over the installed water main. Furthermore,the West Colonial Ocoee Development
sanitary sewer outfall currently connects to the City's gravity sewer main as a service with no access
to the connection, and is located in the State Road right-of-way outside of the existing pavement. The
tie-in after the widening project shall be under pavement with no maintenance access. The City had
planned to utilize FDOT's Lane Construction to convert the tie-in to a sanitary manhole connection,
but now due to cost and coordination, is recommending that West Colonial Ocoee Development
construct the manhole. The estimated cost for Lane to do the work is over$8,500, and West Colonial
Ocoee Development has proposed to construct the manhole for$7,800.
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G. PUBLIC HEARING
19. Toll Road Brewing Company Special Exception with Waiver, Project#1-16-SE-
025. (Advertised in the West Orange Times on Thursday, November 24, 2016.) (City Planner
Rumer)
The subject property consists of an existing one-story 2,988 square-foot building,constructed in 1960,
which is located at the northwest corner of McKey Street and Cumberland Avenue. The applicant is
proposing to convert the existing 2,988 square-foot building to a microbrewery. The existing building
will be remodeled with a 550 square-foot brewery area, 900 square-foot taproom, and a 550 square-
foot patio with parking areas located in front of the building, under a covered garage. On-street
parking is also available on McKey Street from Bluford Avenue to the Kissimmee intersection. The
proposed Toll Road Brewing Company's operation will be a locally-owned small craft brewery
located in Downtown Ocoee. Toll Road Brewery will focus on brewing traditional beer styles while
providing a comfortable family and pet friendly environment. The Brewery will consist of a 550
square foot, 3 barrel (93 gallon) brew house. The taproom/bar will be located in another 900 square
feet with approximately 34 seats. An outdoor covered patio will have approximately 40 seats. The
taproom will have 10-12 taps serving 8-10 house-brewed beers with 2-4 guest taps as well as a wine
selection. There will be two unisex restrooms and televisions. A possible small stage for acoustic
music will be provided from time to time. The outdoor space will include a large patio that is covered
and additional room in the back for games/family activities. Other improvements will include a new
awning along the McKey Street frontage. The applicant has requested one (1) waiver from the
requirements of the City of Ocoee Municipal Code. The waiver that is being requested is to City Code
Article II Sale of Beverages § 38-5. Staff recommends the Honorable Mayor and City
Commissioners approve the Special Exception for Toll Road Brewery with the waiver request.
H. FIRST READING OF ORDINANCE
20. First Reading of Ordinance for a Temporary Moratorium on Development
Relating to Medical Cannabis Activities. (Second Reading and Public Hearing scheduled
for January 3, 2017, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City
Planner Rumer)
In the 2014 legislative session, the Florida Legislature passed CS/CS for Senate Bill 1030 allowing
for the compassionate use of low-THC and medical cannabis by qualifying patients. This bill, now
codified at Section 381.986, Florida Statues, allows for the establishment of approved dispensing
organizations around the state. At the general election on November 8,2016,Florida voters approved
a Constitutional Amendment to allow the use of marijuana for debilitating medical conditions.
Implementation of the Constitutional Amendment will increase the opportunities for the
establishment of dispensing organizations around the state.
Dispensing organizations are a new and unprecedented land use in the state of Florida. For this
reason, City staff has determined that the City's existing land development regulations must be
amended to address this type of use. For example, regulations relating to zoning location must be
created. In order to develop such regulations, City staff recommends a one-year moratorium be
established on the processing and consideration of applications for any City approval, including, but
not limited to, development orders, development permits, and building permits, relating to
establishment of medical cannabis activities, as this term is defined in the ordinance.
I. REGULAR AGENDA
21. Review of hours for City Parks. (Parks and Recreation Director Hayes)
The City Commission had requested staff bring back information regarding the hours in which parks
are open for use by the public. On March 5,2013,the City Commission approved amending the Code
of Ordinances, Chapter 124, governing the rules and regulations for the use of city parks, which
included amending the hours for which parks are open for public use. It provided for neighborhood
parks to be open from 7:00 am. to 9:00 pm. and community parks to be open from 7:00 am. to 11:00
pm. Parks and Recreation Department staff have met with Police Department staff to review the
hours of use for all city parks. Staff has also reviewed police calls for service associated with some of
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the parks in question;and based upon this review, staff has prepared several options for the closing of
the neighborhood parks based upon existing facilities within the park and the intended use of those
facilities. Based upon this information, staff is recommending keeping the hours of use for all
community parks, such as Central Park, Bill Breeze/Lakefront Park, Vignetti Park, Sorenson Fields,
Jim Beech Center and Tiger Minor Park as currently approved between 7:00 am.and 11:00 pm.
Staff is proposing several options for the Commission's consideration regarding the hours of use for
neighborhood parks,which include:
• Option 1: Close all neighborhood parks at a time based upon Eastern Daylight/Standard Time.
• Option 2: Close all neighborhood parks 30 minutes past sunset.
• Option 3: Close all neighborhood parks at 8:00 pm all year.
• Option 4: Keep current closing hour of 9:00 pm all year.
22. Police Tow Contract Renewal for Consideration and Discussion. (Police Chief
Brown)
The City of Ocoee entered into a towing contract on March 1,2014, with three tow companies,which
were selected to participate in the contract on a rotation basis. The three tow companies are Ace
Towing, Car Store Towing, and Sly's Towing. The contracts are set to expire on February 28, 2017;
however, each contains two one-year automatic extensions. Based on an assessment of the
companies' performance and the contractual requirements,two of the companies have been operating
in a satisfactory manner with minor issues. The third company, Ace Towing, has had significant
delays in responding to requests,and their facilities are further outside of the contractual requirements
in comparison with the two other vendors.
23. Appointment of a Districting Commission, in Accordance with the City of
Ocoee Charter, Article XI, Section C-66. (City Clerk Sibbitt)
Article XI, Section C-66 of the Charter: The City Commission shall establish a Districting
Commission after November 15, 1991,but no later than December 15, 1991, and every five(5)years
thereafter(i.e., 1996, 2001, 2006, etc.) a new Districting Commission shall be appointed by the City
Commission after November 15, but no later than December 15 of that year. A Districting
Commission may also be appointed by the City Commission at such other times as deemed necessary
by the City Commission. The Districting Commission shall consist of five (5)members who shall be s,
appointed by majority vote of the City Commission and who shall serve on such commission for
terms of one(1)year,unless such terms are extended by the City Commission.
On August 16, 2016, the City Commission voted unanimously to allow residents to apply by
November 18, 2016, for consideration to be appointed to the Districting Commission. Only three (3)
residents have applied prior to the November 18th deadline. Therefore, in consultation with City
Attorney Cookson, it has been asked that the City Commission bring forth a nominee for the
Districting Commission to the December 6th City Commission meeting.
24. Update on Federal Lobbyist Services, RFP 16-001. (City Attorney Cookson)
On April 5, 2016, the City Commission held a special meeting for the purpose of hearing vendor
presentations in response to RFP 16-001, issued December 20, 2015, relating to federal lobbyist
services. At the April 5, 2016 special meeting, the City Commission heard presentations from the
following vendors: Global Development Business Consulting, Inc., Alcalde & Fay, Ltd., Inc., and
Capitol Counsel, LLC. After hearing the presentations, the City Commission selected Global
Development Business Consulting, Inc. (Global) as the federal lobbyist firm to provide services on
behalf of the City. As had been stated in Global's presentation, the City awarded the contract
contingent upon Global's merger with the law firm, Akerman, LLP. The vote also provided that in
the event the merger did not happen,the City would award the contract to Alcalde&Fay, Ltd.,Inc.
Because the Global-Akerman merger had not yet occurred, on June 21, 2016, Mr. Bracy, principal at
Global, provided the City Commission with an update on the status of the Global-Akerman merger.
At that time, the City Commission voted to approve moving forward with Global as the federal
lobbyist and allowing Global to sub-contract with Akerman until such time as a Global-Akerman
merger was finalized. The motion further provided that, in the event the merger between Global and
Akerman was not finalized by November 30, 2016, the City would have the right to terminate the
contract with Global. To date, the City has not received information from Global confirming the
merger.The City now has the right,but not the obligation,to terminate the contract with Global.
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25. Options Regarding the Code Enforcement Board (CEB). (City Attorney
Cookson)
On October 25, 2016, the City of Ocoee Code Enforcement Board (CEB) considered an action
brought by Code Enforcement on property located at 1 Taylor Street. Following a CEB ruling finding
a violation,but allowing an unprecedented 22 months for the property owner to come into compliance
with the City Code, City staff began exploring options and alternatives to ensure more consistent and
reasonable code enforcement adjudication in the future. A previous memorandum to the City
Commission was circulated by the City Attorney on November 1, 2016, summarizing the matter and
offering some options that the City might consider with regard to future code enforcement
adjudication. Following a brief discussion at the November 1, 2016, City Commission meeting, the
Commission requested additional information on the City's options to support and encourage more
meaningful enforcement of the City's codes while maintaining the CEB. If the City intends to
maintain the CEB, staff recommends that a meaningful application and vetting process be established
regarding appointees to the CEB. Staff recommends that the City Manager or his designee reach out
to the community to encourage qualified applicants to apply and to review applications for CEB
positions to ensure that qualified appointees are selected for the CEB. Qualified applicants would be
those persons, selected when possible, from the following professional groups: an architect, a
businessmen, a general contractor, a subcontractor, and a realtor. These professional preference
categories are specified in state law and in City Code as desirable members of a CEB. Another item
discussed on November 1, 2016, was to abolish the CEB and establish a special magistrate for code
enforcement matters. If the City Commission votes to adopt an ordinance establishing a special
magistrate to solely handle code enforcement matters, staff recommends that the code enforcement
special magistrate be an attorney. The fiscal impact associated with establishing the special magistrate
is minimal as the City will no longer pay for legal counsel to the CEB, and these funds can be
directed to pay the special magistrate.
J. STAFF ACTION ITEMS
K. 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.
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