The URL can be used to link to this page

Home My WebLink AboutVI (E) Florida Power Corporation, Request for Waiver of an Assessed Fine AGENDA 11-21-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI E Ocoee �y • Q COMMISSIONERS d �.64 r. CITY OF OCOEE RUSTY JOHNSON Q, PAUL W.FOSTER 150 N.LAKESHORE DRIVE SCOTT A.GLASS r'� F 42 OCOEE,FLORIDA 34761-2258 JIM GLEASON yf •% (407)656-2322 CITY M ANAGFR � OF GOOD�` ELLIS SHAPIRO MEMORANDUM TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN, BUILDING AND ZONING DIRECTOR 42) .9 DATE: NOVEMBER 15, 1995 SUBJECT: FLORIDA POWER CORPORATION, REQUEST FOR WAIVER OF AN ASSESSED FINE ISSUE Should the Honorable Mayor and Board of City Commissioners waive a nineteen thousand five hundred ($19,500) fine assessed to Phillips and Jordan Inc. , for the removal of protected trees without first obtaining the required Land Clearing and tree removal permit. BACKGROUND/DISCUSSION Phillips and Jordon Inc. is a private land clearing contractor. On September 27, 1995, I issued a stop work notice to Phillips and Jordan Inc. due to performing land clearing and removing trees on the west side of Clarke Road between White Road and West Colonial Drive without first obtaining the required City permits. Mr. Wendall Durham, Assistant Vice President of Phillips and Jordan Inc. informed me that Florida Power Corporation contracted with his company to clear the land and remove all of the trees within a Florida Power Corporation Easement. Mr. Durham assumed Florida Power Corporation had the City's permission to clear the easements and remove the trees. Mr. Ron Worley of the Florida Power Corporation verified that Phillips and Jordan Inc was working under contract with Florida Power Corporation and he was under the impression that the City had given their permission for the land clearing and tree removal. Mr. Worley was not aware of the City's requirement for land clearing and tree removal permits. Article VI Section 6-10-B-7 (b) of our Land Development Code requires that a fine in the amount of one hundred ($100.00) dollars times the diameter at breast height of the removed tree shall be assessed against any person violating this section. In this respect, I notified Phillips and Jordan Inc. that the assessed fine amounted to a total of nineteen thousand five hundred ($19,500) dollars. Staff Report November 15, 1995 Page 2 Florida Power Corporation has submitted a written request for the assessed fine to be waived due to certain improvements made in the City by Florida Power Corporation at the request of the City. Our City Code does not provide a means for the waiving of assessed fines. In this respect, I am requesting that the Board of City Commissioners consider Florida Power Corporation's request for the waiving of the assessed fine. For your information, a copy of my letter assessing the fines to Phillips and Jordan Inc. and Florida Power Corporation's letter of request of waiver is attached. RECOMMENDATION It is very clear that Phillips and Jordan Inc. violated our City Ordinance, however, it is recognized that they relied on the information provided by Florida Power Corporation. Florida Power Corporation was acting on the assumption that City Approval had been verbally given. Staff felt that this violation should be brought to the attention of Florida Power Corporation and all other involved parties. In this particular case, we also agree that Florida Power Corporation has been very cooperative with the City and has provided beautification to their projects located in the City and near the City. DWF/sas/687 Florida KENNETH C. CONE Area Manager �� Power Orange County •�.?.s CORPORATION October 30, 1995 Mr. Ellis Shapiro, City Manager City of Ocoee 150 Lakeshore Drive Ocoee, FL 32761 Dear Ellis; I appreciate you and the other city officials taking time to meet with us last week regarding the attached letter from Mr. D. W. Flippen on the subject of removal of protected trees on Clarke Road. I am formally requesting to be added to the City Commission agenda on November 21, 1995, to speak to this issue and to discuss the possibility of a reprieve for this particular offense. Florida Power Corporation has certainly tried to be a good neighbor by cooperating with the City of Ocoee to provide enhancements to the Ocoee Substation and this entire area along Clarke Road. Those enhancements include: • Landscaping and irrigation of the Ocoee Substation, $20,000. • Construction of a brick wall at Ocoee Substation, cost between $48,000 and $60,000 (estimated). • Transfer of the overhead line on east side of Clarke Road to allow for removal of distribution poles along Clarke Road in front of West Oaks Mall at a cost $56,000. • Using self supporting concrete transmission poles along Clarke Road in place of wood poles at an additional cost of $39,400. This eliminates wood poles with guy wires used in the course of standard tranmission line construction. • Undergrounding of the street light cable and providing lighting transformers along both sides of Clarke Road between White Road and Highway 50 at a cost to Florida Power of $9,000. We are partnering with the city in this effort and the city is providing the trenching. All of these improvements have been requested by the City of Ocoee and will cost Florida Power Corporation close to $184,400. ORANGE COUNTY AREA OFFICE 1100 N. Orange Avenue • Orlando, Florida 32789-4743 • (407) 646-8338 • FAX (407) 646-8303 A Florida Progress Company Mr. Ellis Shapiro Page 2 October 16, 1995 We have worked hard to partner with the City of Ocoee and to provide for all the city's requests. I am now asking for the consideration of the City Commission in forgiving the fine imposed for cutting these trees based upon all the improvements we are making along this specific route. I certainly apologize if we got our communications mixed up, and can assure you that Florida Power will never let this type of incident occur again. I would appreciate the Ocoee City Commission giving us the courtesy of this special appeal and promise to be very brief. Sincerely, Kenneth C. Cone att. ORANGE COUNTY AREA OFFICE 1100 N. Orange Avenue • Orlando, Florida 32789-4743 • (407) 646-8338 • FAX (407) 646-8303 A Florida Progress Company • OCT 12 '95 04:37PM FPC REAL ESTATE P.2 "CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" M,%YOK• COMMISSIONIiK Ocoee S.SCOTT VANDERCRIFI• o �� • � COlvitllSlIONSKS • a CITY OF OGEE PAU °03 ER • pSCOTT A,GLASS 190 N, i.AKESHORE CRIVE • Irk 4,e .000EE,FLORIDA 34761-2258 JIM GLEASON • (407)656-232 • 4.* Cin VmACI:k 0/ 4000 ELLIS SHAPIRO • October 10, 1995 • Phillips and Jordan, Inc. Post Office Box 2295 Zephyrhills, Florida 33539-2295 • Dear Mr. Durham, On September 27, 1995, a stop work order notice was hand delivered to a representative of your company at the property located on the West side of Clarke Road between White Road and West Colonial Drive. The stop work notice was issued due to your company preforming land clearing and removal of protected trees without first obtaining a permit from the City of Ocoee Building Department. After this stop work order was issued Mr. Ronald K. Worley, . a representative of Florida Power Corporation and yourself submitted a permit application to the City for the clearing of land and tree removal On the above mentioned property. At the time of permit . submittal Mr. Russ Wagner, City Planning Director and I discussed the situation with you and Mr. Worley. At that meeting Mr. Wagner and I indicated to you that you may be required to replace any protected trees that you removed on a four(4) to one(1) bases or a fee may be paid to the City for the purpose of planting trees on public property. On September 29, 1995, after our meeting I personally inspected the property on Clarke Road and determined that a tota of fourteen(14) trees that are considered by the City Land Development Code as protected trees had been cut down. Due to the downed trees being still located on the site it was possible to measure the diameter of the trunk at breast height with a reasonable degree of accuracy. For your information our City code defines a. protected tree as any tree that has a diameter at breast height of eight (8) inches or more and which is not otherwise exempt from this code. Starting from White Road and proceeding South on Clarke Road the following trees were cut dawn: OCT 12 '95 04:37PM FPC REAL ESTATE P.3 - 9 1 Oak Tree 12 inch diameter 1 Oak Tree 10 inch diameter 1 Oak Tree 10 inch diameter 1 Oak Tree 11 inch diameter 1 Oak Tree 23 inch diameter 1 Oak Tree 22 inch diameter 1 Oak Tree 16 inch diameter 1 Oak Tree 12 inch diameter 1 Oak Tree 14 inch diameter 1 Oak Tree 14 inch diameter 1 Oak Tree 10 inch diameter 1 Oak Tree 21 inch diameter 1 Oak Tree 10 inch diameter 1 Oak Tree 10 inch diameter Total countable protective trees cut down - fourteen ( 14) Total diameter inches at breast height of protective trees cut down = one hundred ninety five (195) On October 5, 1995 this situation was discussed with Mr. Ellis Shapiro, City Manger, Mr. Paul Rosenthal, City Attorney, Mr. Russ Wagner, and myself. Mr. Rosenthal advised me that, Land Development Code Article VI, 6-10-B-7 is the proper section that applies to removal of trees and land clearing without first obtaining the required permit. Land Development Code Article VI, 6-10-B-7 states: (7) Penalties (a) Violation of this Article shall constitute a misdemeanor enforceable in accordance with the provisions specified in Article 1-14 of this Code and Section 1.8 of the City Code or by an injunction or other legal or equitable relief in the circuit court against any person violating this Section, or by both civil injunctive and criminal relief. (b) In addition, for any protected tree removal without a permit, a fine shall be assessed in the amount equal to one hundred dollars ($100) times the diameter at breast height of the removed specimen. (c) Where trees have been removed or damaged in violation of this Section or permit requirements, remedial actions shall be required to restore the property. A restoration plan shall be submitted to the Building Department and the Staff Forester for approval and may require tree replacement at a ratio not to exceed four (4) to one (1) . (d) No Certificate of Occupancy shall be issued for any development until all appli:-able permit and restoration conditions have been met. OCT 12 '95 04:38PM FPC REAL ESTATE P.4 In accordance with section 7 (b) of the above quoted code you are hereby notified that due to the number of protected trees • " removed and considering their total aggregate diameter at breast height the following fine is assessed to you. Fourteen (14) trees Total diameter = 195 195 inches at $100.00 per inch _ $19,500.00 Please make your check in the amount of nineteen thousand five hundred dollars, payable to the City of Ocoee; and mail it to 150 N. Lakeshore Drive, Ocoee, Florida 34761, attention D. T. Flippen. For your information a drawing showing the size and location of the trees that were removed is enclosed. If you should have any questions concerning this matter please call me at 656-2322 ext 133. Sincerely, ce. . �. .. D.W. Flippen Building and Zoning Official c.c. Mr. R.R. Worley, Florida Power Corporation attachments DWF/acc/640