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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION April 6, 2010 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. Pastor Hartbarger of Church of Chris of Ocoee gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood (arrived at 7:50 p.m.), Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Presentation for the Retirement of Fire Battalion Chief Ledford (Fire Chief McNeil) Acceptance of Donation from Manheim Auto Auction for the Ocoee Fire Department "Fully Involved Program" (Fire Chief McNeil) Ben Buchner, Representative of Manheim Auto Auction Orlando presented the Fire Department with a check for $500 for the "Fully Involved" program. He also presented a check for $500 to the Ocoee Professional Firefighters Union Rep. Corey Bowles for the local home being built by Building Homes for Heroes. Firefighter Bowles said they were also able to raise $3700 in funds from the 8t. Patrick's Celebration for this event. Proclamation of April as Water Conservation Month (Utilities Director Smith) I C. FROM CITIZENS/PUBLIC Rick Belanger, Ocoee resident from Thornbrooke, said before he speaks about his issue, would like to acknowledge his good friend Jim Dunn, just went up in the space shuttle yesterday morning. He said this was always his dream and he is glad that he got to do it before the program was ended. He asked everyone to pray for their safe return. Mr. Belanger then discussed the problems with Freedom Park and the soccer field that abuts his property. The field currently has an 11 :00 p.m. closing and the park in not lit and there is a lot of activity there after dark. He asked for assistance getting the ordinance changed to close the park earlier such as sunset or 9:00 p.m. Discussion followed regarding park hours and how to take care of the problem at Freedom Park. Commissioner Keller asked if there was something that can be done temporarily until the final ordinance for all parks can be brought back. Parks and Recreation Director Hayes said the hours for all parks was established by ordinance a few years ago. City Attorney Rosenthal stated that the Commission can take action tonight if they declare an emergency item. You can change the posting at the park; the only issue would be the enforcement since the ordinance is inconsistent with the new policy. Mayor Vandergrift declared this an emergency item so that action can be taken. Commissioner Johnson, seconded bv Commissioner Keller, moved to chanQe the park hours at Freedom Park from Sunrise to Sunset. No vote was taken due to an ensuina substitute motion. City Commission Regular April 6, 2010 City Manager Frank stated we had previous conversations that the term "sunset" is too difficult to enforce. He added that we will still bring back the ordinance that addresses all of the other parks, it will require two readings. City Attorney Rosenthal stated under Section 124-6 of the Code of Ordinances, the Commission has the right to temporarily close a recreational property, it could be accomplished by a motion, but it must be posted. Commissioner Johnson, seconded by Commissioner Keller, made a substitute motion to use their authority under Section 124-6 of the Ocoee Code of Ordinances and temporarily close Freedom Park between the hours of 9:00 p.m.- 7:00 a.m. until an ordinance is created that addresses the hours of all of the city parks. Motion carried 4-0, with Commissioner Hood absent. Mr. Belanger asked if they would address the second issue at Freedom Park which is that vehicle are driving into the park through the front entrance at all hours of the night. He stated they are doing burnouts in the grass and donuts in the parking area. He stated people are also using the restrooms that are opened all night. There was discussion about the installation of cameras or fencing and the expense. Commissioner Johnson said we will change the hours first and keep our eye on it to see if they get the message. Parks and Recreation Director Hayes said he will have the Park Ranger lock up the bathrooms when the park closes at 9:00 p.m. I D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank said: 1) Agenda Item #3 has a correction in the narrative that states the Commissioner Hood was reappointed to the Personnel Board on March 16, 2010, and should have stated that Commissioner Johnson was appointed. 2) CRA Annual report was placed in Commissioner's mailboxes. If you have any questions on the report contact Development Services Director Shadrix, Planning Director Wagner, or himself. 3) Movie in the Park, Saturday April 24th at Bill Breeze Park at dusk. No Charge. Mayor Vandergrift asked if some arrangements can be made for inclement weather so we don't have to cancel so many. 4) Parks and Recreation will be holding registration for summer camp. City residents can register April 12, 2010 and open enrollment will begin April 19th. Cost is $60 per week for residents and $87.50 per week for non-residents. 5) Parks and Recreation celebrating Arbor Day on April 30, 2010 at Citrus Elementary School. A presentation will be held at 9:00am followed by a tree planting. For more information call 407-905-3180. Mayor Vandergrift would like an email sent out for Arbor Day. 6) Clarke Road Landscaping- White Road - Silver Star Road will be completed this week with new reclaimed water irrigation, trees and shrubbery, and St. Augustine sod. Page 2 of 11 City Commission Regular April 6, 2010 I E. COMMISSIONERS ANNOUNCEMENTS 1) Firearms Safety Course from Ocoee Police Department was rescheduled to April 23, 2010 from 8:00 a.m. to 1 :00 p.m. 2) Boater Safety Course, Saturday April 24, 2010, contact the police department for more information. 3) thanked all the departments for their participation in the 5th Annual Spring Fling and thanked those that have been involved over the years (Martha Lopez Anderson, Marge Johnstone, Debra Booth, and Deputy Chief Goclon). She said there was great feedback and the event was well attended. Mayor Vandergrift said it was a great event although they need to correct the situation of the officer in the middle of the field with a canine dog and no speakers to inform people the dog would not harm them. Ms. Wilsen said he did end up moving and using his vehicle speakers and everyone enjoyed having him there; she said they will reconsider how that is done next year. She stated overall it was a wonderful event; the departments of the City put on great programs. 1) said he was at Spring Fling and heard a couple behind him stating how nice it was to live in a city that has great events for the residents. 2) Lions Club is sponsoring a golf tournament at Forest Lake Golf Course, May 8, 2010. The cost is $70 per person, $250 per foursome, $150 for hole sponsor. He asked if this was in the budget this year as we have done it for several years in the past. City Manager Frank said he is pretty sure it was put in the budget. Consensus of the Commission was to use the bud"eted money to pay for a Foursome ($250) and a Hole Sponsor ($150) for the Ocoee Lions Club 6th Annual "olf Tournament at Forest lake Golf Course. 1) thanked Commissioner Wilsen for doing a fantastic job at the Spring Fling as well as the others that she thanked. It was a great event, well attended, and he heard nothing but positive comments. 2) congratulated the Ocoee Professional Firefighters Union for their successful St. Patrick's Day Homes for Heroes event, raising a total of over $4200 which is great for a first time event. He hopes this will be an annual event. 3) announced that Assistant City Manager Jamie Croteau is leaving her employ with the City and April 12,2010 will be her last day. He thanked her for the great job she has done in Ocoee and wished her well in Orange City. City Manager Frank added that he has enjoyed working with her and wished her well as City Manager in Orange City. M!Y!~lllaItrl!ill~l) thanked all who participated in Food for Families, a food drive that takes place on Thanksgiving, Christmas, and Easter. He said unfortunately this year there were not enough volunteers that showed up to deliver and only half (approximately 1000 people) received the food. He told those who did not receive packages to contact the Bread of Life so they can pick up their food. He thanked the Police for helping to deliver food; there was a story on the television news about the event. 2) He stated that the Historical Commission asked the city if they have a spare computer and printer, they are in need. There was discussion about them getting grant money from the CMA Merit Board. City Manager Frank suggested that when we replace computers, we can offer then one of our surplus computers. Commissioner Hood arrived at 7:50 p.m. Mayor Vander"rift. seconded by Commissioner Wilsen, moved to donate the next surplus computer and printer from the City to the Historical Commission. Motion carried 5-0. Page 3 of 11 City Commission Regular April 6, 2010 3) addressed the letter received from Lydia Gardener, Orange County Clerk of Courts, with regard to the shortage of funding and the Clerk of the Court's Office in the Ocoee Courthouse Office may have to be moved out. Mayor VanderQrift, seconded by Commissioner Wilsen, directed staff to write a letter of support in keeping the Clerk of the Court's Office in the Ocoee Courthouse Annex. Motion carried 5-0. The Mayor asked if Assistant City Manager Croteau could draft that letter tomorrow. )?~::~U~~11~J:m@mmm'ti~~NfrWM:%f~'wmm (5omffiiSiiOner;Hood! no announcements :*,,':"""'.::;.;:""'='x";:::,*'f;;"'''=,'''''''':'''''~;''':':":'''::''"*,:;;",:;;;",:>::"*"":~:;:"':~:",,;,,,,,,~ (cont) 4) said Parks and Recreation did a great job with the Easter Eggs- travaganza and 5) congratulated the graduation from the Citizens Police Academy last Saturday night. I F. CONSENT AGENDA Commissioner Wilsen wished to pull Item #6 for discussion. Commissioner Johnson wished to pull Item #8 for discussion. Commissioner Hood. seconded by Commissioner Keller, moved to approve Consent Agenda Items #1 through #14, less Items #6 and #8 which will be heard separately. Motion carried 5-0. Approved on Consent. Motion carried 5-0. The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. There is currently one (1) alternate member position open. An Application has been received by Carole Amey who has shown an interest in being appointed to the Code Enforcement Board for a term ending June 2013. There are no other applications on file to fill the board opening. Approved on Consent. Motion carried 5-0. In accordance with Section C-30 Charter of the City of Ocoee the Personnel Board shall consist of at least one (1) city employee, one (1) City Commissioner, one (1) person who holds a management position with the city and one (1) citizen of Ocoee who is not employed by and does not hold office with the city. The Personnel Board has not met since 2007 and, therefore, terms of all members have expired. At the March 16, 2010, Commission meeting, Commissioner Johnson was appointed to this Board. All other members of the Board have expressed an interest in serving another term. Approved on Consent. Motion carried 5-0. Page 4 of 11 City Commission Regular April 6, 2010 ~iilrxpwoYal~' " . ~i:".-__ &\#&,;7:(', R ~""w Qr rqg) The current Maintenance Memorandum of Agreement between the FDOT and the City will expire on April 30, 2010. FDOT is requesting to enter into a new contract for the City to provide maintenance activities for the portions of SR 50, SR 437 and SR 438 within the City limits. This new contract will be for a three year term with a renewal option for one additional three year term. The new FDOT contracts no longer contain a 3% annual escalation clause; however, the new contract amount has been increased by 13% over the existing agreement value. The new fixed annual contract amount of $41 ,380.00 will provide the City with an additional $4,576.00 over the term of this agreement compared with the current expiring agreement. Public Works recommends approving the new Right of Way Maintenance Memorandum of Agreement with the FDOT. Approved on Consent. Motion carried 5-0. f R~ohition kt4~~ .~'. gBesolqHon!~- '<~]):t , " Ni}jk<.,:~,:/t,,~:t: p c irectorJ~.....~ The Parks and Recreation Department offers a variety of programs and services at the Family Aquatic Center for which fees are charged, these include: daily admission fees, swimming lesson fees, cooler fees, rental fees, etc. Fees are charged to recover the direct costs of providing these services and operating the facility. In 2007, the City Commission approved the last fee adjustment for the programs and services associated with the aquatic center. The Parks and Recreation Department has recently completed a review of these fees and is recommending the adjustment of several of the fees in order to continue to cover the maintenance and repair costs associated with the aquatic center. These adjustments include increasing the price for daily admissions, swimming lessons, cooler fees, and pool rental fee, and are included in the attached 2010 Family Aquatic Center Fee Schedule. Staff estimates that with these recommended adjustments an additional $3000 to $4000 may be generated. This item was removed from the consent agenda and heard separately. Commissioner Wilsen said she has no issue with the change to the swimming fees that are being proposed. She said she would like the Commission to consider other fees for clean up of events after fields and parks are rented, such as Bill Breeze Park. She thinks that $100 or $120 per day is enough to cover the clean up fees. After the boating event, the park had to be rolled to get rid of the tire tracks. After that, there was the St. Patrick's Charity Event sponsored by the Ocoee Professional Firefighters Union, and then the Spring Fling. She said she felt Parks and Recreation should rethink the figures and possibly charge a higher rental for larger events. A birthday party with 50 people does not cause any problems, but the larger events create the need for maintenance and clean up. Commissioner Johnson said that the reason he pulled Item #8 was with regard to the same issue, we had to pay two employees overtime ($1183) to pick up after the boat raced last time. He wants Mr. Tetro or U.S. Title Series to guarantee payment for cleanup after the event. Page 5 of 11 City Commission Regular April 6, 2010 After some discussion, City Attorney Rosenthal suggested they vote on Item #6, those swimming pool fee adjustments that were recommended by staff and discuss this as a separate action item. Commissioner Wilsen, seconded by Commissioner Keller moved to approve the resolution as presented by staff and directed staff to come back with recommendation for amendina the park rental fees. Motion carried 5-0. 7 /@A",~'\li,~"=~ 'lit' "'n"""''''' 1"1"1~S'm, l'.",'rp'"'''' ""'~f"(P"'!w"-'h-'F'"M'A" 1%"'''' "'rr- lb"""") "a& "" ,h'Y!+"D".iili!lP" ......Ire nm':OYJl ,1,!.2Li:t!{~p'osa 1!l.11 ~u!'R1,l~t.Lgner~ty~ ,,' ""ur.c a~!!!g:-gentw. o.~l;! .jjjjWpt;..'i~I~il,,~il,:irllf8#Wi: 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; and 3) Approve the date of the City's auction with George Gideon Auctioneers as April!7, 2010 at 9:00 a.m. Approved on Consent. Motion carried 5-0. ..... . '~~"':'.-"--~''''= '~4\~ '" -;-;"Re, UeS! t1''''T-dao Boat Ram 'and 9%v#p .,' }~ ' '~E:"':: ,.dAt:__ ~\'~lo/~~ P, ,Jp al{~~OttiildJ!! fficial W"~shitfgton In order to temporarily close a public street, Boat Ramp and Fishing Pier, the approval of the Honorable Mayor and City Commission is required. Mr. William Tetro of U.S. Title Series has made application to the City for a Special Events Permit for a Boat Race that would require the temporary closing of a City owned street, Starke Lake Boat Ramp and Fishing Pier. It would also require the use of the City Park and Community Center Parking Lot. The event will be held on April 16-18, 2010. The street to be closed is a portion ofN. Lakeshore Drive. This item was removed from the consent agenda and heard separately. See discussion under Item #6. Commissioner Johnson said that the permit application is from US Title Series, the Lions Club is involved to handle the concessions. City Manager Frank said that the permit application is signed by the Police and Fire Department, but we should probably add Public Works comments to allow for estimated cleanup and maintenance after the event. Cathy Sills, Lions Club, stated that neither of the boat race sponsors have any problem being responsible for their events and the cleanup after the event, but this has never been requested before and this event is two weeks away. Commissioner Wilsen stated that she thinks in would be unfair to impose an additional fee on this vendor at this point, but they should look at changes to the fee schedules in the future. Mr. Tetro stated that they always police themselves and do not leave a mess behind; if the city can get a dumpster placed out there he will make sure all the trash gets placed in the dumpster. He said he is just trying to bring business to the local hotels, put on a good boat race, and break some % mile World Records. Commissioner Johnson and Commissioner Hood agreed that they still feel he needs to put a deposit down and that will be returned if the area is cleaned up. Commissioner Hood, seconded by Commissioner Johnson, made a motion to receive a $500 deposit from U.S. Title Series to auarantee the trash pick uP. No vote was taken at this time due to subseauent discussion. Commissioner Keller said we need to look at rental fees and look at adding cleanup fees, however we have been doing this boat race for years and he thinks it is too late to change the rules at this late stage of the game. City Manager Frank said if we supply the dumpster and this gentleman is committing to emptying all the trash cans into the dumpster, there would probably not be any overtime incurred by the City. Page 6 of 11 City Commission Regular April 6, 2010 Commissioner Wilsen asked Mr. Tetro if he had a problem with giving the city a refundable $500 deposit. He said he did not, he would send a check when he gets back. He stated as long as there is a dumpster they will make sure the trash is picked up. Commissioner Johnson stated he will get make arrangements to get the dumpster placed out there. After the discussion. a vote was taken on the motion: Motion carried 5-0. pijf;~~a!11o Plrht. 1 ~_., .~ .tili,ti~i..Qir, , r J11i._ ;:" The Ocoee Wastewater Treatment Plant's existing sludge disposal method is accomplished by taking liquid sludge at 1 % sludge solids by weight, and pressing the sludge to 12-13% solids. The City's existing press was placed in service in 1994 and has been experiencing continuous failures, occasionally requiring sludge disposal through liquid hauling. The impact caused by the downed press and its age have necessitated a review of the City's disposal method. Staff is recommending the purchase of the single/best source Ashbrook Simon- Hartley Press, Klampress@, 2.0 Meter with an AB Conversion Kit, in association with its local factory sales representative, MTS, in the amount of$395,000. Approved on Consent. Motion carried 5-0. Et.O~!~I~ '01,+:6; t!2~f~:~j:~l~J~~Pt ~!~ii~pi outh Water, Plant. (Utilities DireCtor Sm.i.t.h) The development of a groundwater well is very speculative due to the variances in geological conditions. Since underground conditions can change dramatically within feet, well drilling contracts should be developed to accommodate adjustment. Unit-based bids should provide conditions to address needed changes in well depth, extent of casing, grouting of encountered voids and location of water yielding zone with acceptable water quality and quantity. It is not unusual that the development of a well exceed 50% of the contracted price. Diversified Drilling Corp. was contracted in the spring of 2007 to drill well #3 at City of Ocoee's South Water Plant for an initial contract amount of $499,950. During the work, changes in unit amounts increased the final amount of contracted items to $504,226 or an increase of $4,276. Clerically the increase was removed from the final invoice and later was discovered that Diversified Drilling had not been compensated accordingly. Staff is recommending City Commission approve payment for the additional work performed by Diversified Drilling Corp. Approved on Consent. Motion carried 5-0. W"'t"f::"'~~~;,.~:""'~~";<"":r::~~~~~_.?<'r~~"p?c~IW7";~R% ~ J... ..,.....M,.'~~".,#IiW_~}~"t~-~'*','Silf'1~n.."<<;!~~'--.. 11~Approvaljof THird"AddeifduIri\\to ,wnsultin" A reementhWitliY.SM\YGeoSci ~,',:: ",:, -,'. . '. . ~~ ;:i<i~ :~:;9I-NV&.::;~ " ". ',:,. '~;>$~::-: @_;l{~/", ..' '1~;:;;;:;::., (UtlhheSIDlrector Smlth)(~,;;)w il.j1i7s1I.1 *,,.;,;,,,*,<$00... ,~_"",~.,-~;~;"..",:""",. 'll<li i' 1 . ;;",lh,~4l.. The Utilities Department utilizes the consulting services of SMW GeoSciences, Inc., for assorted projects throughout the year, such as receiving assistance for renewing and compliance of the Consumptive Use Permit, Alternative Water Supplies planning and Water Conservation Program assistance. The original agreement was executed on January 17, 2006 and was authorized for two years, with a one-year extension executed on February 18,2008, and an Addendum executed February 3,2009. Staff recommends extending the terms of the Agreement through January 17, 2011. The Consultant is seeking no changes to the agreement or any increase to fees for services. Approved on Consent. Motion carried 5-0. Page 7 of 11 City Commission Regular April 6, 2010 .~ <<<O"'mi~""'''i<>l "'" f1~:nmf-' >lo\ ppnlV e Confererfce. ii~.~\%i i linen u fiT. "Ro ~~. Wi,.Ab.b$ ~;~\!;:'~t""""^",,,,~J, :':':':':"~na~ Per Florida State Statutes 932.7055 ".. .Such (forfeiture fund) proceeds and interest earned therefrom shall be used for . ..crime prevention, safe neighborhood,.. .or for other law enforcement purposes....n The 25th National Conference on Preventing Crime in the Black Community will be held in Orlando, Florida on May 26- 29, 2010. The conference is a collaborative effort sponsored by Attorney General Bill McCollum and the Orange County Sheriffs Office to foster communication and action among practitioners through the sharing of innovative ideas and prevention strategies that have been successful in the black community. Special attention is directed toward positive approaches to the problems associated with juvenile crime. The Ocoee Police Department wishes to join with the ten other Orange County law enforcement agencies and the numerous other agencies throughout the state by granting $1000 in forfeiture funds to help support this conference. Approved on Consent. Motion carried 5-0. ~"-"e:?:::/y; ','c. f;\NgtW~'}l;,_%::::::-~~'-"<"?();y?tt}t~ ~",f#"''''''>';'''''''''l''~~~ NI>!'f~ilfif;'V~9~F'::,~ ~ _ mW-:':~:~:F":~~'''V::'?'::''':''l']'' ~,,"W,...,:: :,:,:,"""'~ ;; ,13!iApprOvanofi!~~o~e{(i;r oiitf,*ielJD"Mo(Jific~tio ..... . r Wethln(ls Mitigatidh ( r:. ,;/~;;#s\~-:o__::?(f,,:"~:_<t~>. :,.:.iW %4*", ->;~"q., '-'- ,.:,,;.''''., ---t.>:,:" {'-T_TI~~-"- .? ~\:'?~:~5,;; ~-W ;3'-'Yn~l( ':"-iiian~-&"~Yl.Y,eYl\!g~C2LQt~!!g~. un!Y.xUQUc. S~chpol::"s...ProPJ:riyJ..C~ .....Ei!g!neen;..Whe~le...)~ The City of Ocoee, in partnership with the Orange County Public Schools (OCPS), purchased the Coke Property in 1998 with the intent of developing the property into a multi-use development consisting of residential, commercial, and educational parcels some to be owned by the city and some to be owned by OCPS. The City employed VHB, Inc. to plan and develop a joint master plan for the property and to determine what permits would be needed from the St. Johns River Water Management District (SJRWMD) and the Army Corps. of Engineers (ACOE) while working in and/or around the wetlands adjacent to Lake Apopka and its tributaries. As part of the overall project, a wetlands mitigation plan was proposed to SJRWMD and ACOE that would require mitigating some land adjacent to Staten Branch, one of those tributaries, to offset the proposed work for the overall project. VHB, Inc. and the City approached SJRWMD to review the site and the proposed plan and were able to develop an alternative that would allow the wetlands mitigation to be performed as one process and would relieve the City of the five year maintenance and monitoring program. VHB, Inc. has presented a proposal that would cost $65,010.00 to complete the changes to the wetlands mitigation program to allow for preservation and offsite mitigation credits. The monies already budgeted to cover the five year maintenance and monitoring would cover this new alternative. SJRWMD has been very receptive to this new approach and have been asking about our progress. VHB also included a proposal in the amount of $15,700.00 for the wetlands and boundary surveying as requested by OCPS. The total amount of this work is $80,710.00, which is less than the remaining authorization amount of $100,540.00. There are sufficient funds left in the Ocoee Crown Point Project budget to cover this expense. Approved on Consent. Motion carried 5-0. "%tc'''''''' _ - 1 ' r ...I'pg _,m ... The Commission approved the resurfacing program with The Middlesex Corporation on February 16\ , 2010. Due to the condition of the existing pavement, the milling process removed several asphalt scabs, requiring additional tonnage of new asphalt. The proposed estimate for this work was $213,438.50. The additional cost to complete the project is $9,853.24, or less than 5%. Public Works is requesting approval to increase the total cost of 2009-2010 resurfacing program to $223,291.74 with The Middlesex Corporation based on the final verified quantities. Approved on Consent. Motion carried 5-0. Page 8 of 11 City Commission Regular April 6, 2010 I G. FIRST READING OF ORDINANCE _,""';l>~ ~~1~W 15.~,ProR~se ~i;:En-titled 'Fees". (. eco w w::.p,n<_ ~ @~ - "0~" ~->>:0X "'" ~'f' "'~'!''''''<r?!;'~~< ~~~'~-~n t to;~hap~~r!~A?f ~~.~ Co4~~J qrdi~~nces BXtuAddin I tivet..~.~.n:!c~ (5haig~s'~\*:.~Qd YSectiorriH; Jtitl wtV'--~;;r;<<C\>:b ~ ' ,','..V '<'~~~\'t~Y0:tW/t '~> ,,'" '14" d~\ ,~ 4;2;< ding/an . Hea~ing sch'e~~f~d~~r:April20'i2~,!0' I ar Co sion Meetingcat afl€a:)~ ,,,,-", .:!!~ilitrP~,d;Y~1;.. .\.~ ~ m 'i The City of Ocoee receives numerous requests for lien searches which consume a significant amount of staff time in four departments with no current form of reimbursement to the City. In recent months these lien search inquiries have skyrocketed due to foreclosures, short sales, and investors "flipping" properties. During the first three months of 20 10, the City Clerk's office has coordinated and responded to 175 requests for lien searches, which would average approximately 700 per year at that continued pace. In addition to collecting a fee for the lien search, other cities have reported that including any delinquent utility fees as part of the lien report procedure often assisted in collecting such outstanding fees at closing even if no lien existed. Fees from other municipalities ranged from $10 - $100. Staff recommends that the standard Lien Search Fee be set at $25, with a $75 fee for expedited searches requiring a response in less than two business days. City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift announced the second reading and public hearing on April 20, 2010. I H. PUBLIC HEARINGS - NONE I I. REGULAR AGENDA ~~t4y~%~"""'t'.'~~_:~PW~~1~~'%'f~-9~'V%-.-' 16. ~eq!l~st forE' 'due.... , 'ne and Reiease:o 9 ranz t "it i" On June 2, 2009, Officer Bob Seigrist observed violations of city code on the property located at 405 S. Bluford A venue, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds and abandoned or unsafe swimming pool. The occupant was given a Notice of Violation to be in compliance by July 9, 2009. Property was re-inspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on July 28, 2009. The CEB gave the occupant until August 14, 2009, to come into compliance or receive an order of fine and lien of $150.00 per day for the abandoned or unsafe swimming pool. The property was re-inspected on August 18,2009, and found to be in Non-Compliance of the abandoned or unsafe swimming pool. An Affidavit of Compliance was completed on February 16, 2010. A hearing before the CEB on March 23, 2010, was heard for a reduction of fine in the amount of $27,750.00. The Code Enforcement Board recommended the fine be reduced to $2,500.00. Deputy Chief Stanley explained the case and stated that staff confers with the Code Enforcement recommendation of $2500. Mavor Vanderarift, seconded bv Commissioner Keller, moved to accept the Code Enforcement and staff recommendations to reduce the fine to $2500. Commissioner Johnson said he feels the lien should be higher because it has been in disrepair for a long time and they have only fixed it up because they are now selling it. He clarified with Mary Kranz of Keller Williams Realty that this will have to be cleared by the bank at the time of closing. She said Fannie Mae took over the property and had a preservation company acid wash the pool and take care of some landscaping issues. DC Stanley advised the City locked up the property a few months back. Page 9 of 11 City Commission Regular April 6, 2010 Commissioner Hood, seconded by Commissioner Keller. moved to amend the motion to reduce the fine to $5000. payable within 30 days or it reverts back to the oriQinal amount of $27,270. Motion carried 4-1, with Mayor VanderQrift opposed. Vote on OriQinal Motion. as amended. Motion carried 4-1. with Mayor VanderQrift opposed. Mayor Vandergrift explained that there is no Commission Liaison attending this board at this time and the Historic Commission has requested to have one. This is not a City Board. Commissioner Johnson. seconded by Commissioner Keller. moved to appoint Mayor VanderQrift to the Historical Commission as Commission Liaison. Motion carried 5-0. I J. STAFF ACTION ITEMS- none I K. COMMENTS FROM COMMISSIONERS ~qm'!i!i:rsm~7!!JRlfii;r2,- reiterated comments made at the beginning of the meeting under Commission Announcements. 1) thanked Commissioner Wilsen for doing a fantastic job at the Spring Fling as well as the others that she thanked. It was a great event, well attended, and he heard nothing but positive comments. 2) congratulated the Ocoee Professional Firefighters Union for their successful St. Patrick's Day Homes for Heroes event, raising a total of over $4200 which is great for a first time event. He hopes this will be an annual event. 3) announced that Assistant City Manager Jamie Croteau is leaving her employ with the City and April 12, 2010 will be her last day. He thanked her for the great job she has done in Ocoee and wished her well in Orange City. City Manager Frank added that he has enjoyed working with her and wished her well as City Manager in Orange City. ~QID.Dltl~jori~U~I11!!oJ! said he forgot to do this under Commission Comments. He wanted to discuss waiving the fee for the Beech Center for the CCW & TNA Pro Wrestling, who are putting on a fundraiser for Wayne Hurst. Davis Johnson, representative from the wrestling organization, said they pick a fundraiser to sponsor every year and they heard the Wayne Hurst story and wanted to do this one. He said $100 percent of the funds raised go to the charity. He stated the expenses consist of posters, flyers, and club cards ($200) and insurance ($300) which come out of the profits. Commissioner Johnson said waiving the fee will save $600. Mr. Johnson asked about waiving the fee for the police department. City Manager Frank said the police cannot do it as volunteers; they would have to be paid. Commissioner Wilsen said she has no problem waiving the cost for the Beech Center, but does not want to cover any of the other costs. Commissioner Johnson said he will work on getting donations to help cover that cost. Page 10 of 11 City Commission Regular April 6, 2010 Commissioner Wilsen. seconded by Commissioner Johnson moved to waive the buildina rental fee for the Beech Center for CCW & TNA Pro Wrestina who are sponsorina the Wayne Hurst Fundraiser on May 15, 2010. Motion carried 5-0. - none 1) apologized for being late, 2) thanked everyone who participated in the Spring Fling, the EGGStravaganza, and the Homes for Heroes fundraiser event. They commented about the chili contest and that a retired Orange County Firefighter won the contest. I ADJOURNMENT The meeting adjourned at 8:43 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 11 of 11