HomeMy WebLinkAboutItem #01 Approval of Minutes
MINUTES
OCOEE CITY COMMISSION
March 3, 2009, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner
Keller led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared
a quorum present.
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamation - American Red Cross Month - March 2009. (Mayor Vandergrift)
Presentation of Essay Winners of the "Home Escape Plan" Essay Contest. (Division Chief
Stanley)
Presentation by Lynx Bus - Edward Johnson of Lynx gave a PowerPoint presentation
showing the proposed changes to certain bus routes. He explained the new Flex route that will
replace Link 27 which he said will create a cost savings over $400,000. He said the flex route
will be tailored to the demand of the riders where the riders would now call ahead and schedule
pick ups. Mayor Vandergrift asked how this will affect the students who use the Lynx Bus
System. Mr. Johnson said students will be picked up at home and taken to the school if they
call in advance. Commissioner Keller asked if the students be able to plan routes in advance
rather than call everyday and Mr. Johnson said they are looking into "Subscription Trips" and
he will convey back to the planning staff that Ocoee is interested in doing that for students.
There was some discussion regarding the reasons for the changes, Ocoee having its own bus
service within the City, and the route being reinstated if there is a change in the economy or the
demand. Commissioner Hood asked the drop dead date for the route change. Mr. Johnson
said April 26, 2009. The consensus of the Commission was that it would be better to extend that
deadline one month and wait until the end of the school year so that kids will not have to adjust
to the flex route system until the next school year. They asked that Lynx take a serious look at
the changing the date. Mr. Johnson said he will ask the planners to take a look at extending the
date of the change to the new flex schedule; they want to make this transition easy for the riders.
Mayor Vandergrift said they are not happy about these changes, but had no choice but to live
with them for now.
I C. COMMENTS FROM CITIZENS/PUBLIC
Scott Delany, 800 Center Street, asked Commission for speed bumps on Jay Street to help slow
traffic. Public Works Director Krug said he has met with the residents out there and discussed
it; he doesn't feel it meets the requirements for speed tables but will if it is the pleasure of
Commission. He said that Commissioner previously approved one speed table on Jay Street last
March when it was $5200 for one pre-fabricated speed table. Since that time, they have been
installing the lower priced asphalt speed tables for $3000. He said they have the funds to do the
one speed table, but residents now would like a second table and he needs Commission approval
to do that. Commissioner Anderson said they really need the two tables if we have the money.
Commissioner Keller asked if they only need an additional $800 to make the funds $6000 to
City Commission Regular
March 3, 2009
cover the cost of two tables. Public Works Director Krug said he double checked and there is
$2500 budgeted for the speed table on Jay Street, not $5200. Commissioner Johnson added
that one table would not serve the purpose on Jay Street because it is regularly used as a short-cut
for traffic.
Commissioner Johnson. seconded by Commissioner Anderson. moved to
approve installation of two asphalt speed bumps on Jay Street for a cost of
~6000. whereas $2500 is already budaeted. Motion carried 5-0.
Scott Delaney reported that the existing speed bumps on Center Street do not prevent speeding
at all. Commissioner Anderson asked if the speed bumps could be corrected on Center Street
while they are out there doing the other work. Public Works Director Krug said they can redo
the approach for those speed bumps for an additional $2000.
Consensus of City Commission was to approve the correction of the speed
bumps on Center Street in the amount of $2000.
Rosemary Wilsen, 1019 Shady Maple Circle, announced the 4th Annual Safety Spring Fling
would be taking place March 28, 2009, at 10 a.m. at Bill Breeze Park and listed many activities
for the day. She said it was a free event and more information could be found on the City's
website.
RP Monacky, 1820 Prairie Lake Blvd, asked if the speed tables were tested after completion to
be sure of the speed one would be capable of driving over them. Commissioner Anderson
suggested reducing the speed on Jay Street to 20 mph. Mayor Vandergrift asked staff to
evaluate it and report back to the Commission.
I D. STAFF REPORTS AND AGENDA REVIEW
Emergency Item- Budget Transfer for Emergency Purchase on one K-9 Vehicle.
City Manager Robert Frank said there is an emergency item which requires a budget transfer
for an emergency purchase of a K-9 vehicle. They Mayor declared it an emergency item and
asked him to go ahead with the item now. Mr. Frank explained the K-9 vehicle purchase from
the City of Longwood.
Mayor Vanderarift. seconded by Commissioner Anderson. moved to approve the
emeraency purchase. Motion carried 5-0.
Emergency Item - Wekiva Area Study - Unsafe Septic Tank Program
Mr. Frank referred to a letter from the 2005 City Commission to Mr. Gerald Briggs of the
Bureau of Unsafe Septic Tank Program which is also an emergency item. At the request of the
mayor, City Manager Frank investigated the septic tank matter. He discovered that there is
legislation by Senator Constantine to beef up the regulations on the Wekiva Area as far as what
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March 3, 2009
needs to be included in their comprehensive plan. There is also a bill to offer some type of low-
income credit if one has to put in a new septic system due to regulations that arise from being in
the Wekiva Area. There is no bill at this time that requires one to put in the new septic system
according to the City's lobbyists. At some point the state probably will come out with a
regulation. Mayor Vandergrift noted that he obtained additional information from Planner
Rumer who is opposed to the matter because it will cost some of the citizens rougWy $20,000 to
change over to the new system. The Mayor added that it is still untested even though the state
rules committee has voted to move the matter forward. It is being recommended to everyone
that they send a letter to the Governor who is the only one who can stop the matter at this point.
The Wekiva Area covers 90% of Ocoee which means that 90% of Ocoee's citizens would be
affected. Planner Rumer questioned if it is possible for Ocoee to be removed from the Wekiva
Area. Commissioner Anderson asked how the City could be removed from the Wekiva Study
Area. City Manager Frank recalled that the City had tried to get itself removed before. City
Attorney Rosenthal stated that the boundaries are in the statute; hence, the only way to get
removed would be for the legislature to amend the statute. Mr. Rosenthal added that how lines
were drawn were as much politics as science. Commissioner Johnson pointed out that there is
a fee that goes with the new system that must be paid annually.
Mayor Vanderarift. seconded bY Commissioner Johnson. moved to ao on record
as beina opposed to this and ask for more time for the state to come UP with a
scientific studY that would exclude Ocoee from beina in the Wekiva area. Motion
carried 5-0.
City Manager Frank noted that there is a revised agenda item on the dais, which is item # 16.
City Manager Frank circulated a draft letter for the mayor's signature. The letter requests a
continuance for a special exception hearing in the county for the water tower site at the
intersection of White Road and Clarke Road. The county is proposing to put a 175 foot
communications tower at that site. The City's code limits the tower from 75 feet to 125 feet
depending on whether there is a camouflage or not. There had been talk with the county about
the county purchasing the site to use it for a reclaim water storage system. The county consented
to issue a continuance if that is the City's wish but they would need a letter from the City. The
city manager sought consensus by the commission to send the letter.
Commissioner Anderson. seconded by Commissioner Johnson. moved to send a
letter to the county reQuestina a continuance for the special exception hearina.
Motion carried 5-0.
The city manager gave an update on the new police building. The whole project is on tract, and
there will be about 90 days before the project is completed.
City Manager Frank mentioned that the city clerk asked that he mention that the Ocoee
Election will take place on March 10th for District #2 only. The polling place will be at the
Community Center which is located at 125 North Lakeshore Drive. Voting will be from 7:00
a.m. until 7:00 p.m. The candidates that are running for the seat are Commissioner Scott
Anderson and Mrs. Rosemary Wilsen. The city manager turned the commission's attention to
Ms. Wanda Horton, Finance Director, so that she could give a report about the City's first
quarter of financial activity, a copy of which had been put into the commissioners' mailboxes.
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City Commission Regular
March 3, 2009
Ms. Horton reported that all four funds' revenues exceed the expenditures. Revenues of the
general fund are identified by category. The first quarter's revenues received exceed the
benchmark percentage (25%) with 44% of revenues received overall for the general fund.
General fund expenditures show that the expenditures fall with in the benchmark. The City's
investment portfolio is around $25 million. Outstanding debt is $60 million. The economy is
affecting local governments. During the budget process, steps were taken to minimize any
decline in revenues for the city. Positions that had been frozen were eliminated; operating
expenses for departments were reduced, projections for state revenues were minimized and
capital projects were downsized. Two revenue sources were discovered. Staff will continue to
monitor expenditures or revenues. If there is any substantial change in either expenditures or
revenues, Ms. Horton stated, the commission will be notified. Mayor Vandergrift commended
the staff. Commissioner Anderson also gave praise to staff for being so vigilant about the
City's finances.
I E. COMMISSIONERS ANNOUNCEMENTS
CommisSioner Aiidersoil introduced his father who was visiting from out of town.
~ommissioner JOhnsorl(l) announced the Elks Lodge is having their annual charity ball and
inquired if it was put into the budget to donate, as they usually do. He said he would get with the
city manager on that at a later time. (2) suggested donating $500 to the West Orange Girls Club
for their reroofing project.
Commissioner Johnson. seconded by Commissioner Anderson. moved to donate
~500 to the West Oranae Girls Club to assist with their new roof. Motion carried
5-0.
CoiiiDiiSSiOiier Johnson (3) continued by reporting a concealed gun permit class took place in
city hall a few weeks ago and said it was a great class for the residents and the teacher, Jerry
Lewis, did a wonderful job. (4) announced that the Ocoee Little League had a great opening day
with about 500 kids who signed up. Commissioner Hood added that Ocoee staff did a great job
and the Facilities Department repainted and replaced gutters and he applauded them for a job
well done. (5) asked Commissioner Hood if the Little League could have a Hall of Fame area for
past helpers and was informed it was already being discussed. Commissioner Hood stated the
Little League Board was made up of 25 members who do a lot of hard work, as well as parents,
and they are all much appreciated.
May'or Vandergrift (1) announced the Girl's Club was having opening day ceremonies this
Saturday. (2) complimented the Ocoee Little League parade and their great opening day events.
.... -- . "::""I
~ommissioner Kellei; (1) thanked the Ocoee students and the police from around the area that
put on the mach D.U.I.; they did an excellent job. (2) reminded that the high school has a chorus
concert on March 20-21 for a cost of $10 for adults and $5 for students. (3) announced that the
Human Relations Diversity Board presented a plaque to the City Commission for their assistance
and support in the MLK Parade and the Orisi Risi Program.
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March 3, 2009
I F. CONSENT AGENDA
r- Approval and Acceptance of the Regular City Commission Minutes of February 17,1
2009. (Q..tY. Clerk Eikenbern) I
Approved on Consent. Motion carried 5-0.
'2. Reannointment to the CommunitY. Grant Review Board. (Ci!iOerk-ElkeiiberIT) ,
On January 15,2002, Resolution No. 2004-09, was adopted creating the Community Grant Review Board
f/kIa Community Merit Awards Review Board, requiring five (5) members all serving two-year terms. The
two-year term of Kristine Bauske expires March I, 2009. She has indicated that she is willing to serve another
term, if reappointed. There are currently no applications on file for this board.
Approved on Consent. Motion carried 5-0.
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,3. Annointment to the Parks and Recreation AdvisorY. Board. (CitY. Clerk Eikenbern:)--!
Members of the Parks and Recreation Advisory Board serve two-year terms. Currently the board has ten (10)
members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of
thirteen (13) members. One application was on file for the Parks and Recreation Advisory Board; therefore
staff recommends the City Commission consider appointing Sylvester (Ves) Baxter, Jr. to the Parks and
Recreation Advisory Board with a term ending October 2011.
Approved on Consent. Motion carried 5-0.
1'4. Approval of Boat Ramp and Road Closure for the Fourth Annual City of Ocoee Sprin~
Fling~.jPolice Chief Brown) I
The Fourth Annual City of Ocoee Spring Fling will be held Saturday, March 28, 2009, from 10:00AM to
3:00PM at Bill Breeze Park at the City Municipal Complex. In order in help ensure a safe event, the organizers
are requesting the closure of the City boat ramp between the hours of midnight (Friday night/Saturday morning)
and 4:00 PM and the closure of the driveway between the boat ramp and City Hall's west parking lot; Oakland
A venue between Bluford A venue and Lakeshore Drive; and Lakeshore Drive between the boat ramp and
Oakland Avenue between the hours of 9:00AM and 4:00PM.
Approved on Consent. Motion carried 5-0.
!5. "'Award of Bid #B09-02 Central Park Boardwalk and Pier. (Purchasing-.Agent Tolbert)]
As part of the Central Park Improvements, the City solicited bids from qualified contractors to construct an
elevated pressure-treated lumber boardwalk and observation pier along the shoreline of Lake Moxie in Central
Park, which is located on Flewelling Avenue in the central part of the city. The Parks and Recreation
Department and Finance Department have reviewed all bids and staff recommends awarding the bid to C&L
Landscape Inc. as the most responsive and responsible bidder for the amount of $89,291.00.
Approved on Consent. Motion carried 5-0.
1'6. -Approval to Award Central Park Design Contracrto Dyer, Riddle, Mills, and PrecoUrt,
Inc. ffiRMP) in the amount of $28, 725.00. ,(Ci!V Engineer Wheeler)
The City has a continuing contract for engineering design services with the fIrm of Dyer, Riddle, Myers, and
Precourt, Inc. Work under this contract is authorized by purchase order following the specifIcation of a scope
of work by the City and negotiation of a price proposal. Funds to expand and improve Central Park, located on
the north side of Flewelling A venue, were budgeted by the City Commission over several fiscal years. Most
recently, $200,000 were allocated in FY 2009 and $48,957.42 remains unexpended from the FY 2008. From
these funds, City staff has proposed a number of improvements. Among the improvements planned for this
phase of the work are reconstruction of Armstrong Alley, relocation of the existing volleyball court and
basketball court and construction of stormwater improvements, additional parking, enhanced access to facilities,
an improved trail to the non-motorized boat ramp, and the new boardwalk being constructed along the Lake
Moxie shoreline. Due to the nature of these improvements, design by a licensed engineering fIrm is required.
Approved on Consent. Motion carried 5-0.
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City Commission Regular
March 3, 2009
rl...- ARnroviti for Declaration of Surnlus Proner.!Y:...~urchaSiilg:XgeniToibert) - ---~
Staff requests that the City Commission:
1) Declare the items listed as surplus;
2) Approve George Gideon Auctioneers for the public sale of the City's surplus property, authorize staff to
piggyback on the Osceola County School Board's contract with George Gideon Auctioneers, and authorize
execution of the agreement between the City and George Gideon Auctioneers by the Mayor and City Clerk for
a term of one year.
3) Approve the date of the City's auction with George Gideon Auctioneers as March 21,2009, at 9:00 a.m.
Approved on Consent. Motion carried 5-0.
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118. Approval of FDEP Consent Order for September 3, 2008, Wastewater Treatment,
Facili!Y~Rill. (!!tilities Director Smith) ]
On September 3, 2008, a sewer forcemain break on the north side of S.R. 50, 1,900 feet east of its intersection
with Clarke Road. The ruptured main is located in the center of the roadside swale that conveys water eastward
to wetlands on the north side S.R. 50 which is hydraulically connected to Lake Lotta. Due to the nature and
location of the main break, the rupture and spillage was not discovered until a flow anomaly was observed at the
wastewater plant. The spillage was a violation of Florida Department of Environmental Protection (FDEP)
rules and the City has been fined $10,000 less an adjustment due to corrective action the City has undertaken;
the long-term correction being the replacement of the forcemain under construction and the western sewer
transmission main planned for the future. A short-term fix has been the modification of the operation parameter
to Lift Station #7 and installation by staff of an air release valve on the existing forcemain. Thus, to conclude
FDEP's action, the City should execute the consent order and pay the administrative penalty of $6,250 and
reimburse the Department cost in the amount of $1 ,000.
Approved on Consent. Motion carried 5-0.
I G. PUBLIC HEARINGS
l~9.-Marshall F. arms Business Center - pre.liminary Site Plan. (Advertised in the Orlando Sentin;i,
--1:!gal Classifled on Thursd{j)!,. FebruafY..19, 2009)-<~nal Planner Fabre)
The Marshall Farms Business Center Site Plan consists of an office/warehouse and retail facility. The total
project is proposed to be developed in two phases. Phase I will consist of the office/warehouse building and
Phase II will consist of a strip retail commercial building. The total combined building floor area will be
(26,000 sq. ft. office/warehouse + 10,000 sq. ft. retail building) 36,000 square feet which are within the allowed
intensity. **StaffreQuested this item is continued to March 17. 2009.
Mayor Vandergrift opened the Public Hearing. There was no one wishing to speak.
Commissioner Keller. seconded by Commissioner Anderson moved to continue
this Public Hearina until the March 17. 2009 reaular Commission Meetina. Motion
carried 5-0.
I H. FIRST READING OF ORDINANCES
10. Approval of Ordinance Controlling Loud, Unnecessary or Disturbing Noise:-. (S;oni
Reading and Public Hearing scheduledfpr March 17, 2009L(Police Chief Brown)
The City Commission of the City of Ocoee desires to control loud, unnecessary or disturbing noise within the
city limits. Implementation of an enforcement program will promote, protect, and improve the safety of the
citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and
Florida Statutes.
City Attorney Rosenthal read the title of the noise ordinance and announced that the second
reading and Public Hearing will be on March 17, 2009.
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City Commission Regular
March 3, 2009
1 r Approval of Ordinance Adopting a New Article II of Chapter 124- of the Code o~
Ordinances of the City of Ocoee entitled, Smoking Prohibited in Portions of1i
Recreational Property. (Second Reading and Public Hearing scheduled for March 17, 2009) (Parks.
and Recreation Director Hay'es) I
In December of 2008 the City Commission discussed the need to regulate smoking on and around recreational
facilities in city parks. The Parks and Recreation Department was tasked to develop an ordinance to address the
problem of individuals smoking around athletic fields during youth activities. Park and Recreation staff
researched what other communities in the State of Florida have done in terms of developing ordinances that
regulate smoking in parks and recreation areas, and found that several cities and counties in Florida have taken
measures to protect their residents from secondhand smoke exposure by adopting ordinances that restrict
smoking in outdoor areas, including recreation areas used by youth organizations, and other places where
people congregate. Cities, villages and towns in the State of Florida that have adopted ordinances that prohibit
smoking in parks to varying degrees include: Apopka, Chipley, Coral Gables, Dania Beach, Deland, Holly Hill,
Marco Island, Miami Lakes, Newberry, North Port, Ormond Beach, Oviedo, Palm Coast, Palm Springs,
Parkland, Port Orange, Port St. Joe, Sanibel, Seawall Point, St. Cloud, Sunrise, Tavares, and Venice. In
addition to these cities there are several counties that have developed ordinances to prohibit smoking around
recreational facilities, these include; Brevard, Hendry, Hillsborough, Nassau and Sarasota.
City Attorney Rosenthal read the title of the ordinance prohibiting smoking in portions of
recreational property and announced that the second reading and Public Hearing will be on
March 17, 2009.
t12~ Approval of Annexation and Rezoning of West Colonial Parcel (akawaliaproperty)l
(Second Reading and Public Hearing scheduled for March 17, 2009L(Senior Planner Howell)
The subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange
County. The applicant is proposing to develop a three lot commercial subdivision on the subject property.
I a. Annexation Ordinance
City Attorney Rosenthal read the title of the annexation ordinance and announced that the
second reading and Public Hearing will be on March 17, 2009.
I b. Rezoning Ordinance
City Attorney Rosenthal read the title of the rezoning ordinance and announced that the
second reading and Public Hearing will be on March 17,2009.
13. Approval of Annexation and Rezoning ~f ~29 Ocoee-Apopka Road. (s;~o~d Reading ani
Public Hearing scheduledfgr March 17, 2009L(PnncIRal Planner Fabre)
The property is located on the east side of Ocoee-Apopka Road approximately 1,800 feet north of Palm Drive
intersection. The subject property consists of two (2) parcels fronting on Ocoee-Apopka Road. The northern
parcel is improved with a nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is
vacant and undeveloped. Both parcels are consistent with the adopted City of Ocoee Comprehensive Plan.
I a. Annexation Ordinance I
City Attorney Rosenthal read the title of the annexation ordinance and announced that the
second readin and Public Hearin will be on March 17, 2009.
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the rezoning ordinance and announced that the
second reading and Public Hearing will be on March 17,2009.
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City Commission Regular
March 3, 2009
I I. REGULAR AGENDA
14. Approval of Quarterly Community Grant Program - January 2009 Cycle.
(Community Relation Manager Wrigbt)
The Community Grant Review Board voted to award grants to 7 organizations and voted to deny awarding
grants to four organizations. Three organizations were denied because they did not have a representative
present at the meeting. The Board did not approve one organization's grant request because the group did not
meet the grant criteria. The following are the organizations that were denied grant funding: American Legion
Post 109; Ocoee Sharks Baseball; West Orange High School and Winter Garden Elks. There is $5,000 allotted
for this cycle of the Community Grant Program. The total amount requested from the 11 organizations this
grant cycle is $5,500. The Community Grant Review Board voted to fund 7 organizations in the amount of
$3,500. The next grant cycle begins in July.
Community Relations Manager Wright explained this grant cycle and said that staff
recommends the recommendations to grant 7 of the applicants in the amount of $3500 and deny
the grants of 4 of the applicants.
Lou Corgis and Susan Lawless spoke on behalf of the Ocoee Sharks, an AAU baseball team,
and said that he did not understand the reasons for denial from the grant review board. Board
Chair Jim Sills explained the board's denial and said the board felt that a higher level team and
a traveling team does not meet the criteria for this grant. He added that parents generally
understand that when their kids wish to compete at that higher level the parents bear the expense
of that. Commissioner Hood explained, as a former member of that board, it is his
understanding that this organization does not qualify because it does not benefit all children;
there are cuts made and only the elite can play on this team. Little League is open for all kids to
try out and participate. Mr. Corgis said he understands that now and wishes that it would have
been explained that way on the night of the Grant Review Board meeting.
Commissioner Hood added that they serve over 80% Ocoee kids, so they should be able to use
Ocoee fields for practice and home games. He advised them to get in touch with Parks and
Recreation to look into that.
Commissioner Hood. seconded bv Commissioner Anderson moved to approve
the Community Grant Awards as recommended by the Community Grant Review
Board. Motion carried 5-0.
15. Approval of Prairie Lake Park Conceptual Plan Modifications. (parks and Recreation
Director Hayes) __
A conceptual plan for Prairie Lake Park, which is located south along Hackney Prairie Road and east of Clarke
Road and lying between the Remington Oaks and Westchester developments, was presented to the City
Commission in 2005 identifying various facilities that could be included in this park. Since the original concept
for the park was presented, the City has obtained a Florida Recreation Development Assistance Program
(FRDAP) grant to assist with the development of the site. The Parks and Recreation Department has been
working to refme the conceptual plan and develop construction plans to proceed the development the park.
Parks and Recreation Director Hayes gave a PowerPoint presentation explaining the phases of
Prairie Lake Park. He stated that the budget to complete this work was $416,000 and $200,000
of that will be paid from a FRDAP grant.
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City Commission Regular
March 3, 2009
Commissioner Keller said it is an excellent plan. Commissioner Anderson mentioned that
former Commission Nancy Parker was a driving force for this park and when we complete this
project we may want to name it after her.
Commissioner Keller. seconded bv Commissioner Hood. moved to approve the
Prairie Lake Park Conceptual Plan Modifications as recommended by staff.
Motion carried 5-0.
16. Discussion Regarding Piggybacking on the City of Orlando Contract #BI06-2248-03f01
Demolition Services for the Colony. Plaza. (Purchasing Agent Tolbert)
The City Building Official issued an emergency demolition order to demolish the Colony Plaza. Staff was
directed to procure demolition services for same. The City of Orlando has a current term contract in place with
Central Environmental Services, Inc. for demolition services, and Staff recommends piggybacking on this
contract to expedite the bid process. The City received three (3) proposals: Central Environmental Services,
Inc. in the amount of $684,100.00 plus bonds of $10,305.00, HB Walker, Inc. in the amount of $687,850.00
excluding bonds, and D.H. Griffm Companies in the amount of $951 ,341.00 excluding bonds. The City will be
providing the clean fill dirt for backfilling the pool cavity.
City Attorney Rosenthal reviewed the background of the Colony Plaza demolition effort which
brings this item before the Commission tonight. He said there was an extensive staff
presentation last December to the Building Official regarding the emergency nature of various
public health, safety and welfare hazards presently occurring there; they requested that the
Building Official issue an Emergency Order allowing for the demolition of the Colony Plaza
which is authorized under Section 108-42 of Ocoee Code of Ordinances.
Following that presentation, the Building Official issued Administrative Order 2009-1, finding
that an emergency situation existed at the Colony Plaza and asked for demolition of the Colony
Plaza which consists of two towers, swimming pools and various structures within the site that
constitute a hazard.
Mr. Rosenthal added that the Code required procedures in connection with issuance of
emergency orders; one of those is notices to property owners, lien holders, and others with
interest in the property (condo and timeshare owners, lenders, persons with liens). Based on a
title search previously approved by the commission, they found that there are some liens on some
of the properties. In the last tax round, Orange County did not put the unpaid taxes out for a tax
certificate sale because they didn't feel that was realistic to have people bid on the unpaid taxes
associated with this property. On February 5, 2009, 2500 notices went out; there were 1950
different mailings were done because of duplication of ownership. The Code allows five days
from date of notice to file an appeal of the Order before the Minimum Standards Code Appeals
Board established in Chapter 108 of Ocoee Code of Ordinances. He stated that 10 days was
added for the mail to be received and returned. There were 15 appeals filed, one was received
late but was still considered.
Mr. Rosenthal stated that there was a second Administrative Order 2009-2, issued by the
Building Official on February 17, 2009 which related solely to the interests in Colony Plaza
which were owned by Cypress Colony, Inc. because an issue came up in the appeal review
process as to whether or not all of Cypress Colony, Inc.'s interests were included within
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City Commission Regular
March 3, 2009
Administrative Order 2009-1, with that issue being that a condominium doesn't begin on a
ground level, but begins in the air on the second floor, since the legal description of the
condominium was attached to the initial administrative order they thought it was prudent to ask
the Building Official to file an additional Order and that was done. No appeal has been filed on
Order 2009-2. Cypress Colony, Inc., the underlying land owner, is well aware of the process that
is going on with respect to the demolition of the Colony Plaza. While they have not given
express permission to in terms of a legal instrument to go on their property, which is not needed,
they have acknowledged that we are going to be doing it. One of the items in the agenda is that
the demolition contractor will provide a certificate of insurance which will also name Cypress
Colony, Inc as an additional insured as well as the City. Administrative Order 2009-2 was
mailed on February 18,2009 and no appeal was filed on that order.
Mr. Rosenthal also advised that a hearing before the Minimum Standards Code Appeals Board
was held at lOam on February 26, 2009. A presentation was made; all appellants were notified
by mail of the hearing. The Standards Code Appeals Board denied the appeals and issued an
order denying the appeals. A copy of the Order was mailed to all of the appellants that same day
by the City Clerk. The order said that any appeal to the Minimum Standards Code Appeals
Board is appealable to the Code Enforcement Board, however with appellant proceedings the
issues and nature of the appeal become narrower as you go up that process; it would be limited to
matters that were raised at the appeals board. At this time no appeal has been filed to the Code
Enforcement board, there is no time frame set forth in the Code, so those could still come in at a
later time. Any appeal to that proceeding would be through a writ proceeding to the Circuit
Court. There was a Court Reporter present at the Appeals Board hearing so there is a certified
transcript. There was also a certified translator to ensure all rights were protected and he was
used extensively. Recognizing that many of the unit owners do not have English as their first
language, the notice was translated into Spanish, even though it was not required by our Code.
We also accepted appeals that were filed in Spanish language.
Mr. Rosenthal continued saying that as far as the demolition process, staff has been working with
the Purchasing Office to determine demolition process in conjunction with an emergency order
to get it done promptly. It is not a structure that can be demolished in one day; it requires
remediation in accordance with environmental issues and laws. An Appeal to the Code
Enforcement Board does not prevent the demolition of the structure; it would require some type
of injunctive action by a court. They recognized that there is a possibility that following the
commencement of the demolition something could happen to cause a stop work order, so they
incorporated language in the contract that provides that the City could suspend the demolition
work for up to 120 days. Each additional stop work/re-mobilization after the first one would
require that $800 be given to the contractor. Mr. Rosenthal added that they are comfortable
from a legal standpoint about the position of the city.
City Attorney Rosenthal said a contract of this nature, which is now $694,405, would typically
call for competitive bidding, but this is an emergency action that needs to be done as quickly as
possible so we asked staff to replicate the competitive bid process as best they could, without
going through the whole process and delay the demolition. He said Purchasing Manager Tolbert
will explain the process in more detail if needed. The Code says a contract of this amount does
require competitive bidding unless the Commission waives the minimum standards which would
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City Commission Regular
March 3, 2009
otherwise require competitive bidding. Staff recommends that the Commission exercise that
authority based on the life safety issues at the Colony Plaza and the emergency nature of this
proceeding. He said that he would caution that a lengthy bidding process that someone may use
that process to negate the emergency nature of the Building Officials Oder in that regard.
Mr. Rosenthal said the original thought was that the Contract would be with a group called
CES, Central Environmental Services, a piggyback with City of Orlando, and authorizing a work
authorization under that contract. There have since been some glitches in two areas; the type of
license required to demolish a building of this size, a General Contractors license; and a
performance bond required by Florida Statutes to make sure city is protected against
subcontractors coming in and saying they have not been paid. A bond will protect the City and
the Subcontractors since this is not City property we are going on. The City is now going to
enter into a direct contract with Southern Building Contractors, which was originally going to be
the subcontractor with CES, and there has been an amended agenda item presented to the
Commission with that change. They cannot enter into contract with CES because the bond has
to be with the company that that you directly contract with.
City Attorney Rosenthal said before the Commission tonight is the proposed contract and work
auth between city and Southern Building Services is a sub contractor and essentially puts
together the same structure that we would have had if we used the piggy-back contract with
Orlando. It attaches the same terms, conditions, and specifications as an exhibit, but it is a direct
contract with Southern Building Services which is not an entity that has a contract with the City
of Orlando.
City Attorney Rosenthal said that in order to proceed with this, the Commission would need to
1) Implementation of the Emergency Order by waiving Section 21-4 of the Ocoee Code
requiring the competitive bidding process. 2) Approve Demolition Contract, in the amount of
$694,405 with Southern Building Services, Inc. and authorize the Mayor, City Clerk, and Staff to
execute all necessary contract documents with Southern Building Services once the appropriate
bonds and insurance are secured. Purchasing Manager Tolbert said that there was not much
more to explain, she would answer any questions that the Commission had.
City Attorney Rosenthal noted two people in the audience, Jed Berman, who is the court
appointed custodian of this property and Mr. Mendez, one of the appellants who appeared before
the Appeals Board and asked that the building not be demolished. He stated the hearing tonight
is not a rehearing of the case of the Appeals Board. Any reconsideration would be heard before
the Code Enforcement Board and then to the Circuit Court. He added that the decision moving
forward from a funding standpoint is before the Commission because of the cost involved. He
said these costs are reimbursable through the CRA. The city will also place a lien on the
property with regard to the cost of demolition, how that will be handled is a question for another
day because the circumstances will need to be evaluated after the demolition. He said it will take
60 days for the primary completion of the demolition and then 15 days for full completion.
Mayor Vandergrift asked about liens on the property. City Attorney Rosenthal said there
are two liens. 1) against the condominium association well in excess of 4-5 million dollars,
which would be very difficult to collect because of the multiple owners with an undivided
interest, and 2) a lien against Cypress Colony, Inc. with respect to the lot which is a Code Lien to
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City Commission Regular
March 3, 2009
clean up the site and it has been accruing daily. The City has filed, with Commission
authorization, to file a court proceeding to foreclose that lien, but have not moved forward on
that because the complexities of the law cause the Code Enforcement Lien ($800,000) to be
better than a judgment we would get in a judicial proceeding. The relationship between the City
and Cypress Colony, Inc. is one that will be an action to address following the demolition. They
own the dirt on which the condominium and time share sits.
Commissioner Keller. seconded bY Commissioner Anderson. moved to waive the
minimum standards set forth in Section 21-4 of the Ocoee Code to waive the
competitive biddina reQuirements in connection with the emeraency demolition
of Colony Plaza. No vote taken at this time due to subseQuent discussion.
There was discussion with regard to the contract, payment staging, and possible delays during
the demolition. City Attorney Rosenthal said any stop work order would have to be evaluated
at that time as to what the city's next move would be. There is nothing that has been seen at this
point that would provide a viable argument to the court to cause an injunction. The worst case
scenario would be that after the demolition it was found that the demolition should not have
taken place; that would create a compensation issue or an inverse condemnation case. To protect
the City from that cost, an appraiser was hired to do an independent evaluation of every single
unit, so if we find ourselves in that proceeding we believe the cost for each unit would be
negligible. The tax collector has them assessed at approximately $500 per unit. The bigger issue
is for the owners who have mortgages on the properties, but that will be between the owners and
their lenders. He added that the City did not create this issue and could not do anything back in
1985 to block the conversion from hotel to condominium because that fell under State Law.
Mr. Mendez, condominium owner, expressed that he is against the demolition of the Colony
Plaza.
Jed Berman, Custodian for Colony Plaza Condominium, Inc. said he became the custodian
when the receiver who was charged to restore Colony Plaza threw his hands up and said he could
not do it. There was an issue with getting loans from banks because of the separation between
the land and first floor from the condominiums on the 2nd through 7th floors.
He stated, with regard to the liens, Colony Plaza Condo Association Inc has no assets, owns
nothing, and the City will probably never recover any money. He added that imposition of liens
against units, currently appraised at $500; the taxes are approximately $85 per year. There
should be little of now expectations of recovering anything against the unit owners.
The condition of building, the receiver had issues with not being able to get a loan on restoring
the building because they did not own the land which Cypress Colony, Inc. would not cooperate
with them. Any assets Colony Plaza Condo Association may have are in the hands of the court
and not accessible to anyone.
Commissioner Anderson discussed the two liens. City Attorney Rosenthal said he would not
dispute that the owners who could not rehabilitate it are not going to be willing to write us
checks for doing the demolition. The second lien for approximately $800,000 is on the land and
first floor and obviously that land is of value. There are existing mortgages on the property.
City Attorney Rosenthal said that it a complex situation; following the demolition they will
recommend that the City Manager put a lien against the property owners and Cypress Colony,
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City Commission Regular
March 3, 2009
Inc. The condominium will remain in place as far as the "air rights" and it is a complex
argument that may require changes in the law. There was discussion regarding what could be
built without violated "air rights" but that is a question for a later day. There was also discussion
about whether or not the property could be sold.
Mayor Vandergrift asked if they can sell the property after the demolition. Mr. Rosenthal
said it is a fee interest property and anyone can sell there share. The only one of value is the
"dirt" and that is owned by Cypress Colony, Inc. which has legal entanglements with the
condominium association. He added that some of the banks have agreed to give the City units
they have acquired, so there could be a point in time where the City could acquire a sufficient
number of units in the air rights to give the City voting rights in the condominium to then
extinguish it. Mr. Berman said the entanglement is an easement agreement which would make
it unlikely to place a building there because the easement allows ingress/egress and use of the
pool and facilities to anyone in the condominium association. They key is to get rid of the
easement. Mayor Vandergrift asked if we are just going to end up with a baron piece of ground
that we have to maintain. Mr. Berman said that it will still be owned; the city would not have to
maintain it. City Attorney Rosenthal said at if Cypress Colony, Inc. is not more pro active at
keeping the site clean we would have Code Enforcement actions against them and their interest
in the property, which could result in the City being the owner in the underlying dirt.
Mayor Vandergrift asked how we can avoid this happening in the future. Mr. Berman said the
City could not do anything about the condominium conversion, but look closely at allowing a
developer to own the land and first floor of a building because this was not disclosed in the
marketing. Mr. Rosenthal said that at that time they were not required to have the City approve
the Condominium documents, but we have since provided that right in our Conditions of
Approval on new high rise buildings.
Steve Peace, Peace of Mind Environmental, a contractor who said he thought the city should
secure the property for an additional 60 days and go out for competitive bid process on this
property. He added that the way the economy is right now a competitive bid process would save
the City a lot of money. Commissioner Johnson said we cannot afford to wait another day.
The Commissioner discussed the liability of leaving it standing for any longer and the bonding
on the project.
After the discussion. vote was taken. Motion carried 4-1 with Mayor VanderQrift
opposed.
Commissioner Keller. seconded by Commissioner Johnson moved to approve
the Demolition Contract. in the amount of $694.405 with Southern BuildinQ
Services. Inc. and authorize the Mayor. City Clerk. and Staff to execute all
necessary contract documents with Southern BuildinQ Services once the
appropriate bonds and insurance are secured. Motion carried 4-1. with Mayor
VanderQrift opposed.
17. Request for Reduction of Fine and Release of Lien - 'C'O'deEnforceiiieD'iBoard Case No.
07-040, Ranna ZaDow - Requestor - US Real Estate Services Inc. (Building Official
Washington)
On March 20, 2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the
property located at 122 Bismark Court, Ocoee, Florida. The violations observed were overgrown grass/weeds.
Page 13 of 15
City Commission Regular
March 3, 2009
A notice of code violation was sent to the property owner Ranna Zaflow on March 21, 2007. A re-inspection of
the property on April 9, 2007, revealed the property remained in non-compliance. A Notice of Hearing was sent
to the property owner Ranna Zaflow to appear at the Code Enforcement Board Meeting on April 24, 2007, and
was continued until the June 26, 2007, Code Enforcement Board Meeting. A Compliance Order was issued by
the Code Enforcement Board giving the Respondent until July 2,2007, to comply or pay a fme of $250.00 per
day until the property was brought into compliance. The property was re-inspected on July 3, 2007, and found
in non-compliance. An affidavit of non-compliance was issued on July 3, 2007. An order Imposing Fine and
Lien was ordered at the Code Enforcement Board Meeting on July 24, 2007. The fme accrued daily until the
property was deemed in compliance on July 23, 2007, upon receipt of dated invoice for abatement. The total
amount of the fme is $4,796.85. The Code Enforcement Board recommended the property owner's request for a
reduction of fmes to $2300.00. It is staffs recommendation to support the decision made by the Code
Enforcement Board.
Building Official Washington presented this case and said that staff recommends approval of
the reduction to $2300 per Code Board Recommendation.
Sally Pisteo, Realtor for the property, testified that she did not feel it is fair for the new owner
who brought the property into compliance to pay for any liens from the previous owner.
Commissioner Hood moved to reduce the fine as recommended by Staff and the
Code Enforcement Board.
Ms. Pisteo, realtor, stated she did not feel that any lien was fair to a new owner. There was
discussion which revealed that a bank now owns the property since they foreclosed it. There was
discussion with regard to why the lien was not discovered through the title search and the fact
that the new owner was a bank. Commissioner Anderson said he is in favor of enforcing the
full lien on the property.
Commissioner Hood rescinded his motion.
Commissioner Anderson. seconded by Commissioner Hood. moved to deny the
reQuest for a reduction in the lien on the property at 122 Bismark Court. leavina
the lien at $4796.85. Motion carried 3-2. with Commissioner Keller and Mayor
Vanderarift.
I J. COMMENTS FROM COMMISSIONERS
Commissioner Anderson - 1) thanked the Parks and Recreation Department staff for the good
job that they did over in Central Park and also the great job that was done by Starke Lake.
Mayor Vandergrift inquired when the culverts would be cleared up. City Manager Frank said
they are looking into prices as well as some additional fixes and some planters they would like to
place there. 2) Commissioner Anderson said they had spoken about placing garbage cans on
the south side of Lakeshore Drive and there still are not any in place. City Manager Frank said
he would check on that tomorrow.
tommissioner Hood - None
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City Commission Regular
March 3, 2009
-- .----.
Commissioner Johnson - Inquired if they could get the regular benches like the ones placed by
the Lake also placed at the Tom Ison Center. Parks and Recreation Director Hayes said he
can look into purchasing a few.
· - - - - - -- -- I th
Commissioner Keller. - 1) Reminded everyone that March 28 is the Safety Spring Fling. 2)
March 20th and 21 5t is the Ocoee High School Chorus Concert at Ocoee High School.
I ADJOURNMENT
Meeting adjourned at 10:19 p.m.
Attest:
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
Page 15 of 15