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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION May 18,2010 6:30 P.M. Drop Savers Winners A ward Presentation 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 Keith Tower gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Johnson. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, 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 Proclamation - National Public Works Week - May 16th_22nd. (Mayor Vandergrift) Presentation - Recognition of Sponsors, City Departments, and Employees for their Participation in the City of Ocoee 5th Annual Spring Fling. (Deputy Chief Goclon) This presentation was moved to the next agenda Presentation Audit and Financial Report - Mr. Elden McDirmit, CPA Mr. McDirmit gave a report. He stated that he does audits for about 13 cities in the area and this is one of the few in the last few years stilI getting a favorable report. Without obiection. the Commission accepted the audit report and thanked Finance Director Horton for the Qreat iob that she is doinQ. Presentation of Public Works GPS Work Documentation. (Public Works Director Krug) I C. COMMENTS FROM CITIZENS/PUBLIC Jim Sills, 205 South Lakeshore Drive, he said he and others are interested in starting a Friday afternoon ( 12 noon - 8:00 p.m.) downtown Farmers' Market in conjunction with the City, the residents and businesses to revitalize the historical downtown area. He distributed materials to the Commission. Ronn Voshell said they want to promote the sense of community; he has been talking to residents and merchants and they are very much in favor of this venture. There was discussion as to the type of special events permit that might be required. He said the money for vendor fees above the costs of operation would be given to charity such as local schools, etc. Development Services Director Shadrix stated he has met with Mr. Sills and another businessman in the CRA district as far as how we can make this great idea work. There are issues to consider such as parking, public safety, electricity, and other compliance issues. He stated they would like to start it so that it can become a staple and succeed. He thinks they should come back with a full proposal including traffic impact information, parking, feasibility issues, how to set up the permitting requirements, etc. Commissioner Hood said his only City Commission Regular May 18,2010 concern is parking and impact on the local businesses. Commissioner Johnson asked about the parking issue. Mr. Sills said that they wanted to hold the first one 40 Taylor Street in the grassy area to reduce the impact on traffic. Mayor Vandergrift asked them to work with staff and bring back an actionable report. Ms. Voshell asked if there was any way they could have an event prior to the next meeting so they can work the bugs out. Mr. Shadrix said they could do a one-time event, but if they are looking at a long term event they should take the time to do work out the issues. Commissioner Wilsen said it would be better if they organized it so that the first event works out very well; she would like to see it succeed. Ronn Voshell said he is experienced at putting on events and he would be happy to work with staff, but he would like to do a test run with one event. Commissioner Wilsen and Commissioner Keller said they support this concept. Without objection. the consensus of the Commission was to allow them to move forward with a one-time event as lonQ as all the proper special event processes are completed. I D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: I) The Prairie Lake Park is now open for the public to enjoy. The Parks & Recreation Department is planning a re-dedication ceremony for Tuesday, June 15, 2010, at 9 a.m. 2) The next Movie in the Park is "Tooth Fairy", which will play at Bill Breeze Park on Saturday, May 22, 2010, at dusk. 3) Parents interested in signing up their children for swim lessons at the Beech Recreation Center may do so now, and announced the cost was $50/session. 4) Staff is working on the Cemetery Vault and determined the pavilion to be the best location for the crematory vaults; however, the current foundation wilI not support the addition. This issue will be brought back at the next commission meeting for input. 5) The Fire Department received a new fully-equipment LifePak 15 defibrillator monitor that was awarded to them by an Orange County EMS Grant. The monitored defibrillator was valued at $32,000 and fully funded by the grant, which was written and submitted by the paramedic Carl Curtis. 6) Staff has been working on creating an existing new urban design overlay for the CRA, which wilI be executed as a special development plan amending the City's Land Development Code. Staff wants to be sure all measures are taken to keep the public informed of the aggressive scheduled needed to fulfill that plan. They are proposing a joint meeting on June 8, 2010, between Planning & Zoning Commission and the CRA Board to make this presentation. He inquired if the members of City Commission will be available for that meeting at 7:30 p.m. 7) Installation of reclaimed water mains is complete in the Wedegwood Commons Subdivision; service connections are now being installed. 8) Improvements to the tennis courts and basketball courts at the three city parks are being awarded tonight, as well as a change order to provide new lighting at Tiger Minor Park. 9) Also, on the Consent Agenda tonight is the awarding of the Peach Lake Manor water reconstruction project, which will relocate and enlarge water mains. He added that, Page 2 of 11 City Commission Regular May 18, 2010 luckily, this project came in weIl under cost estimates and a storm water and roadway reconstruction project will foIlow the completion of that project. I E. COMMISSIONERS ANNOUNCEMENTS ~ommissiane.r...HQRa - 1) spoke with Christine Moore today and let her know of the City's support foIlowing her community meeting for the Hackney Prairie Area for the elementary school. There was a bit of opposition to the school. He asked that she be sent emails showing support for her endeavors in that area. The mayor said that Commissioner KeIler would be reporting on the matter. 2) said the Rotary Club wiIl be hosting a breakfast tomorrow morning at the community center at 7:30 a.m. 3) announced FootbaIl signups this weekend at Vignetti Park (off of Adair Street) from 10 a.m. to 2 p.m. There are spots open for cheerIeading. 4) invited everyone to come out for the Memorial Day ceremony on the 28th at 11 :00 a.m. ~mmTs'sionetiWiist~ - 1) said the Handgun Safety class wilI be presented by the Ocoee Police Department on Saturday, May 22nd, in the commission chambers from 8 a.m. to I p.m. Class size is limited to 30 participants. There is no charge for the class. If interested contact staff or BiIl Richardson at 4079053160, ext 3041. She said that the police do a wonderful job in that class and participants will find it rewarding. ?:.9mmiiSi~ohh~ - 1) said they are wrapping up issues for Founders' Day which will be scheduled for November 5 & 6 this year in hopes of cooler weather. Entertainment has been finalized: Friday night headliner is Jamie Johnson; then the Kentucky Headhunters. On Saturday night there will be starts with Diana Carter, Jim Van Fleet, Justin Moore and the headliner is Clint Black. 2) said there was discussion at the National League of Cities - the City would agree to be posted on a website that would be available for the business community to use to pay for advertising. He was told today that Joy Wright sent a letter out that the City is signed up for three years. City Manager Frank said that will probably have to come before the commission to be finalized 3) He said that this discussion with Mr. Dan Petro (Bright Futures) about the website lead to Mr. Petro purchasing an ad for Founders' Day at for $5000. ~9mrillssi.9nell~~Il~1~ 1) said Ocoee Middle School is putting on a dramatic production entitled Once Upon a Mattress at 7 p.m. on Thursday and Friday at Ocoee High School. There will be a Saturday showing at 2:00 p.m.; both the band and drama departments wilI be there. 2) announced an Ocoee High School concert on May 28th. 3) discussed the Hackney Prairie Relief School meeting which was attended by him, Mayor Vandergrift and some planning staff. There was a smaIl turn out. Most of the attendants were the people who lived within two blocks of where the school wilI be. Those folks are not interested in the school being there due to the impact on their property. This is something that the City needs, Commissioner KeIler said. The relief school wiIl take students from schools that are currently over crowded such as Clarcona Elementary, Citrus and Spring Lake. The biggest groups to be affected wilI be district #4. Wind Stone, Orchard Parks, Remington Oaks, Saw MilI, Westchester, Forest Oaks, etc., will have students that will end up going to the new school. The homeowners near the new school do not want the additional traffic. The commissioner said that the school would be within walking distance for Ocoee children in the area. Teachers there expressed their pleasure with the school regarding the safety of the school and how the school was done. Commissioner Keller gave his recommendations about the roads such as where the bus loop would go and how cars would enter the property. He added that it was asked why the school could not be moved to Crown Point property. He answered that moving the school to that area would not make it a walking school Page 3 of 11 City Commission Regular May 18,2010 since it would no longer be within walking distance of the students that would be attending the school. The meeting lasted about 1 ~ hours. Citizen input needs to be heard about the advantage of having the school within walking distance. He was disturbed by the fact that most folks received notification about the meeting on Monday which he said was not enough time. The notices should have been received two weeks prior to the meeting. ~QiiV:anaex:grift - 1) Said that he did not like using the chain linked fence around the school. He said that he had suggested that they go out to the Crown Point property and build a k through 8 school which would relieve Clarcona and Citrus schools. He said this would save the board $50 million by not having to build two schools and allow them to avoid having to go to Apopka. He had tried to convince the board to buy a site out there for a middle school. The mayor was told that it could not be done because 'they don't get along'. When Mayor Vandergrift inquired about whom it was that did not get along, he was never given an answer. 2) said he received a thank-you note from the family of Sam Woodson about the funeral procession. 3) said East Central Florida Regional Planning Council announced a meeting June ih with Orlando Metro Plan of Orlando to consider public input to draft the strategic policy for Central Florida. 3) received a thank you letter from Mark Johnson for the City's participation with the Big Orange Game. 4) announced the Black and Gold game is Thursday at 7:30 p.m. 5) reminded everyone that Graduation is June 6th at 4:00 p.m. I F. CONSENT AGENDA Commissioner Keller. seconded bv Commissioner Wilsen. moved to approve Consent AQenda Items #1 - 7 per staff recommendations. Motion carried 5-0. ~21!k~Rnoiiitmenfto tll~iBoar-d~of"AdJlWiiienr. wICI!i:.elerKi!;ikehl>]rryi:. 3~<ll!11:::- " The'thr;~:~ ofcb;1;t;;ph~~wWa;;; ;;dkfr;yc~~-e~ds M-;y20TO~'Mr~Wa;en has indi;~ted he is willing to serve another term, if reappointed. Mr. Cox has declined reappointment, which leaves a vacant regular member position. There are two alternate members currently on the board and there are no applications on file to fill the board openings. Michael Elliott, who was appointed as an alternate to the board in 2008, has indicated he would like to move up to the regular member position. Approved on Consent. Motion carried 5-0. ont~ "<nF;1~ ify Clerk, M >6':" AW ;~~ 1 en . iffio. k' """"-- ~.,>< - ~ ~ In September 1988, the City commission adopted Resolution 88-06 creating the by-laws for the CACOPD. Since that time, several amendments to the by-laws have been adopted with the most recent being 2006-006. The board, as defined in the by-laws, Article 4 currently elects a Chairman and a Vice-Chairman annually. In a meeting held April 22, 2010, the CACOPD unanimously voted to add a Treasurer position to the list of officers, and defined the duties of the position in Article 5. The board currently has eight (8) members. Approved on Consent. Resolution 2010-006 adopted. Motion carried 5-0. The resolution as adopted carries the followirig title: Page 4 of II City Commission Regular May 18, 2010 RESOLUTION NO. 2010-006 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEP ARTMENT; AMENDING EXHIBIT "B" OF RESOLUTION 2006-006; ADOPTING BYLAWS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE "i'\}:k; . R Bids were received for the construction of a replacement water distribution system within Peach Lake Manor, which is an existing residential subdivision that is already substantially occupied by residents. Preservation of existing utilities and private property is an important aspect of the work. Approved on Consent. Motion carried 5-0. "" ',' "" ~~ "<:WP->W* ~j~@ ~ ,%'lIeIr<<'''\~ ~ ~-i@ '" 1Il ~ "*"'~," """ f$'l" "'" 5. $0Te",,~is ,.i~,~ourt Rec,pnstniction - Tiger Minor ~tsParkside/GoveTftr"Par ,< " "",-,/-'- ,t....., _ .>io'w.....'i./"C'A,..<' . ot'-_>>~ Y :;,of ~~ ~ ~ ViglletiC~ Park" and .*~f;~ ~Il( .,+0&10 I a. Approval of Award of Bid #BI0-05. (Purchasing Agent Tolbert) I Staff has separately proposed that the award for this work be made to the lowest responsive and responsible firm of Trimble & Son Construction Group, Inc. in the amount of $179,692.12, an amount that includes an add alternate bid item for replacement of a section of fence at Parkside/Coventry Park. This project includes tennis court reconstruction at three City-owned parks: Tiger Minor, Vignetti, and Parkside/Coventry. At Tiger Minor Park, the work involves relocation and enlargement of the existing two-court facility to three tennis courts. Given the uncertainty regarding bid prices and the potential cost of lighting replacement, this work was not included in the original scope. Once the cost of the work was known, staff worked with the apparent successful bidder to solicit price quotes for the replacement of lighting. Two basic requirements were imposed: reduce the lighting impact on adjacent homes and provide lighting of a sufficient quality to allow regulation play. Price quotes in the range of $25,000-$38,000 were received from four potential lighting subcontractors. Approved on Consent. Motion carried 5-0. b. Approval of Change Order No.1 and Authorize the Funds Required to Implement the Change Order. (City Engineer Wheeler) The Parks & Recreation and Engineering Departments have proposed a change order to implement the project modifications identified in Change Order No.1. These modifications would replace and enhance the level and type of lighting previously available at Tiger Minor Park. Due to the amount of the change order and the need to allocate additional budget to the project, this issue is being submitted to the City Commission for review and approval. Approved on Consent. Motion carried 5-0. ~lIlKl~ U ,~? ~~ MS" +J'~;,H", .. ,,%~%,IIIJII n9Ip~I!! ~f ~g~eell}e fu' +1*" \%t'1t\U;SW,i'~~J"~Here PL~_ _~l!Y.=.e~'A J!lqJnaql_" "!lrc~i:I)I.r~CJ} a.r!l~~el!~)~, '" " The current contract with CareHere, LLC was approved by the City Commission on November 20,2007. The Agreement is for medical services to be provided for up to two days per week based on maximum fees listed in Section 2.04 of the Agreement. In 2009, hours were increased to 20 and on October 1,2009, the hours were increased to 24. The budgeted amount this fiscal year is $496,000 and funds are available in the budget to cover these increased costs, however the Agreement with Care Here was not changed to reflect this. Approved on Consent. Motion carried 5-0. Page 5 of II City Commission Regular May 18, 2010 The city has been acquiring right-of-way for the construction of Maguire Road Phase 5 Project. Bright House Networks, LLC owns land on Maguire Road, a portion of which is needed for the project. Brighthouse has agreed to convey the right-of-way land (Parcels 101 and 103) to the City under threat of condemnation for a purchase price of $86,400. However, it has not been necessary for the City to file an eminent domain lawsuit against Brighthouse or incur the expenses which would normally be associated with such an action. Approved on Consent. Motion carried 5-0. I G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS Psieo~~J;~Ci~i: Anre~Ei~~t}~~~.f ~ ~p~~~~ri,.~.i~~~r:al!o~Rgar"'~ ~ f,~~~ ~~~igt~.~tS. ] avertlsea4m'the::Orlanao>SertmelhQrang raTon Thursaay,<!May 6;1201 earrng scheaulea:at ~__}____,- i.::w ,_~Y~J~' ),,:;}:z"fE:?%?ffi:,{:'<>-<,{~" iK"'" :~~~".__..{~\>" ;"<t},;@{'; ''_.: &; -'.'<"{ Wf:<t~:,.. - ,', - --- !,: " , ,.,;; ~ .:LJ.;'P.:lli';'9~~9{J/i1~rg,iflir)~ Jnex-elgRIlJ~jl.... Setyice~xl}ire"~tQ.t~~JiAtjlI~) '" _ 4, As an economic incentive for new development, City Staff is proposing a Code Amendment for Temporary Deferral of Road Impact Fee Payments. In lieu of the payment of Road Impact Fees prior to the issuance of a Building Permit as provided in Sections 87-3 and 87-11, an applicant for a Building Permit will be able to defer the payment of applicable Road Impact Fees until the authorization of "Prepower" or issuance of a "Certificate of Occupancy" (C.O.) with respect to the structure or building for which the deferral has been requested. The provisions of this amended section shall not be applicable to single-family or multi-family housing projects with less than four dwelling units. Furthermore, the road impact fee deferral set forth in this amended section shall "sunset" on May 1,2012, without further action by the City Commission. City Attorney Rosenthal read the title of the ordinance. Development Services Director Shadrix gave a summary of the proposed ordinance designed for an economic incentive for new development. Commission Wilsen stated that she just wants to make sure no one will get a certificate of occupancy until they have paid. Commissioner Hood. seconded bv Commissioner Keller moved to adopt Ordinance 2010-003 approvinQ the temporary deferral of road impact fee payments. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2010-003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ROAD IMPACT FEES; ADOPTING A NEW SECTION 87-3.1 PROVIDING FOR THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ~'lt_ ~ 'WP"~~r-,!?',<:i:,<t:~w ~1U~:s~--- ~'~db-"'o/?', ~1n'~~ ,.,'. -. - '~~p:-~ ~~'!""'~~ ''''i:'(1t49W,? - ~~.R$ ~ I~'~*@ r9:>"'Ho~{~s I U artnershi.. (~.f,~ Level Height~). (Adv~rtis~~'i~tthe Orlando,.8.~g~t~el L(/ al Classifl,$cJ on ~ ..~~ft41e>!' d~~~If/ 1 . ~~,;;il}g. . 15 .' ,In. on thereci/J;f)' o (PriDci ... . er um~rlt~'3' . m",. .... = -i;U3'"~~bT~ct parc~sists of lots 1,2,3, 19,"2"0,21,-& 22 of Block D, Oak Level Heights, platte~rin 1925. The subject properties are located on the west side of Adair Street, on both 2nd and 3rd avenue. All of the lots are vacant and were platted at 55 feet wide by :i:151 feet in depth for an average of 8,305 square feet. The subject property is located in a large enclave of unincorporated Orange County characterized as a mixture of single-family homes, vacant lots and a church. The lots are currently zoned A-I (Agriculture) in Orange County. On August 21, 2007, the Orange County Board of Adjustment approved variances on all seven (7) lots. The variance approvals permitted a lot width of 55 feet in lieu of 100 feet and lot sizes of 8,300 square feet in lieu of 21,780 square feet. Page 6 of 11 City Commission Regular May 18, 2010 The applicant intended to obtain potable water from wells and use septic systems for sewer, but would require a variance from the State Department of Health because of separation requirements of75 feet in between well and septic systems. By annexing into the City ofOcoee, the applicant can connect to the City's water service which would exclude the septic systems from meeting the 75 foot separation requirement. Principal Planner Rumer gave a summary of the annexation and rezoning. I a. Annexation City Attorney Rosenthal read the title of the annexation ordinance. Mayor Vandergrift opened the Public Hearing. There was discussion about the current homeowners not understanding that they are in a Homeowners Association; that information is supposed to be disclosed. Principal Planner Rumer stated that in a Plat where there is a mandatory HOA, the City can make it a condition of their sales packet that they disclose that information. City Attorney Rosenthal said the state requires disclosure and that is a private matter between the developer and purchaser and the city does not have the right to investigate. Mayor Vandergrift stated that he worries about that because they are low income homes and he doesn't feel the state will be looking over their shoulder. Rich Wetsel, Director of Operations for Homes in Partnership said that all purchasers were advised that there would be homeowner fees. He stated that HIP contributed six months of HOA fees before the residents had to start paying. Commissioner Johnson commented that the wall, landscaping and front entrance area were done very well and they need to make sure that is kept up because volunteers do not generally keep it maintained well. Commissioner Hood said they need to start an HOA and get rid of the management company because those $322 monthly fees will go down considerably. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded bv Commissioner Johnson moved to adopt Ordinance No. 2010-005 approvinQ the annexation of f: 1.3 acre subject parcel consistinQ of lots 1. 2. 3. 19. 20. 21. & 22 of Block D. Oak Level Heiahts. as recommended bv staff. Motion carried 5-0. The Ordinance as adopted on second reading carries the following caption: ORDINANCE 2010-005 CASE NO. AX-03-10-19: Oak Level Heights Property Block "D" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.34 ACRES LOCATED ON THE WEST SIDE OF ADAIR STREET, BETWEEN 2ND AVENUE AND 3RD AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 7 of 11 City Commission Regular May 18,2010 b. Rezoning City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the public hearing was closed. Commissioner Hood. seconded by Commissioner Wilsen moved to adopt Ordinance No. 2010-006 approvinQ the rezoninQ of :f: 1.3 acre subject parcel consistinQ of lots 1. 2. 3. 19. 20, 21. & 22 of Block D. Oak Level HeiQhts. as recommended by staff. Motion carried 5-0. The Ordinance as adopted on second reading carries the following caption: ORDINANCE 2010-006 CASE NO. RZ-I0-03-02: Oak Level Heights Property Block "D" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-l, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.34 ACRES LOCATED ON THE WEST SIDE OF ADAIR STREET, BETWEEN 2ND AVENUE AND 3RD AVENUE PURSUANT TO THE APPLICA TION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. c. Annexation Agreement (Not an Ordinance) Commissioner Keller. seconded by Commissioner Johnson moved to approve the Annexation AQreement for Oak Level HeiQhts between the City of Ocoee and Homes In Partnership. Motion carried 5-0. I H. REGULAR AGENDA This property was cited on March 11, 2009, for violation of City of Ocoee Land Development Code of Ordinance 6-4 Off-Street Parking Requirements. The Code Violation was for a white Enclosed/Covered Trailer parked in front on driveway. The Code Enforcement Board issued an Order to comply by May 22, 2009, or be fined $100.00 per day. Daniel Jay Kelyman and Marilyn Kelyman are requesting a reduction of fine/lien totaling $16,200.00. On November 2, 2009, the property was observed to be in full compliance. The Code Enforcement Board is recommending reducing the fine/lien to $11,195.35. The discussion that ensued with the Code Enforcement Board was around the fact the violation was not corrected within the giving time frame. Deputy Fire Chief Stanley summarized the case. Mr. Daniel Kelyman stated that it is his trailer parked on the property. He explained he and his mother are owners of the property and his son was added in to the title in 2007 and distributed a document from the Property Appraisers Office showing when his son was added. He stated that for some reason the address got changed Page 8 of 11 City Commission Regular May 18, 2010 from his home address in Clermont back to the residential address and he did not receive any of these Code Enforcement notices. City Attorney Rosenthal pointed out that the address was changed because when someone applies for homestead exemption by definition of that exemption it means the owner is residing at that address. Mr. Stanley stated that a notice was also hand delivered to someone who was residing at the property. A lengthy discussion ensued about current violations occurring on the property and what this owner would do to ensure these infractions are going to stop occurring. Mr. Kelyman stated he will personally guarantee that this will be taken care of. Commissioner Keller asked if he could make a motion that would apply the condition that the fine would revert back to the full $16,200 fine if they continue to violate the code. City Attorney Rosenthal stated that to refinance the property he needs an unconditional release of lien, so we would have to sign something stating there is no longer a lien on the property. No official motion was made at that time due to the legal issue. Commissioner Hood said that he would like to stress that we will not be lenient if he ends up back before the board again. Mr. Stanley stated there is repeat offender rule that states that the fine automatically starts from the day the same violation is observed without going before the board. Commissioner Wilsen said she is more in favor of charging $3000 and settling this case rather than giving them more chances. Commissioner Keller. seconded by Commissioner Hood. moved to reduce the lien to $1000. payable 30 days from today. Motion carries 4-1. with Commissioner Wilsen opposed. I a.Case No. 08-232 - Minimum Housing Inspection Violations This property was cited on October 6, 2008, for Minimum Housing violations of City Code Ordinance. The Code Enforcement Board issued an Order to comply by March 29, 2009, or be fined $150.00 per day. The Code Enforcement Board extended to comply by April 27, 2009, then extended it to June 12,2009, and then extended it to July 24, 2009. On December 3, 2009, the Orange County Comptroller Office auctioned the property through a Tax deed. Flat Sun Investment LLC, c/o: Hat Cheoung Lau is requesting a reduction of fine/lien totaling $37,424.66. On March 15, 2010, the property was observed to be in full compliance. The Code Enforcement Board is recommending the fine/lien be reduced to $12,324.66. The discussion that ensued with the Code Enforcement Board was around the fact that the respondent had purchased the house and at the time of purchase was unaware of the any code violations. Once they noticed there were pending code violations they had them corrected. Deputy Fire Chief Stanley explained the Minimum Housing Inspection Case on this property. This house was sold at a tax sale, proceeds of the sale ($13,534.21) were sent to the city because of the outstanding lien of $37,424.66. City Attorney Rosenthal explained this is a rare occasion where the bidding on the house was more than the taxes due and there was apparently no outstanding mortgage; this is a rare situation where the city received proceeds from the sale of the home due to a lien on the property. Hat Cheoung Lau of Flat Sun Investments explained that the Code issues have been taken care of but the previous owner still got hit with a very large lien payoff when the home was sold. Page 9 of 11 City Commission Regular May 18,2010 Mayor VanderQrift. seconded by Commissioner Hood. moved to reduce the lien to $13.534.21. which is the amount that has already been paid by the previous owner and consider this lien paid in full. Motion carried 5-0. I b. Case No. 09-028 - Failure to Obtain Final Inspection on Re-roof Permit This property was cited on October 6, 2008, for Minimum Housing violations observed by Officer Delgado and one of the requirements was for a permit for a partial re-roofing. The code violation was for failure to obtain final inspection for the partial re-roof for permit # 08-000865 issued on June 26, 2008. On February 24, 2009, the Code Enforcement Board issued an order to comply by March 23, 2009, or be fined $150.00 per day. On March 24, 2009, Code Enforcement Board extended to comply by April 27, 2009. On April 27, 2009, Code Enforcement Board extended to comply by May 15, 2009. On May 25, 2009, the Code Enforcement Board extended to comply by June 22, 2009. On June 22, 2009, the Code Board extended to comply on July 24, 2009. Flat Sun Investment LLC, c/o Hat Cheoung Lau is requesting a reduction of fine/lien of $4,050.00 plus City's cost of$I,695.70 totaling $5,745.75 since they did not take control over the property until December 03,2009, with a Title search being preformed on June 18,2009. On August 20, 2009, the property was observed to be in full compliance. The Code Enforcement Board is recommending the fine/lien be reduced to $1,695.70 to cover the City's cost. The discussion by the board was to reduce the amount; due to the fact the respondent was unaware of any pending code violations. Deputy Fire Chief Stanley explained the Failure to Obtain Final Inspection for a Re-roof permit Case on this property. Hat Cheoung Lau said the previous owner took care of these issues but was so far into debt on this property he didn't get the final inspection. He feels that the amount already paid to the city should be more than enough to cover both Code infractions. He stated the title search was done months prior and did not show up when the property was sold. Commissioner Johnson. seconded by Commissioner Wilsen. moved to reduce the lien to $1695.70 as recommended by the Code Enforcement Board to be paid within 30 days. Motion carried 3-2 with Mayor VanderQrift and Commissioner Keller opposed. I I. STAFF ACTION ITEMS Nothing further. I J. COMMENTS FROM COMMISSIONERS ~ >.Y.,. ft7<;fY"'- 1m ~~~:..;II .~rJ' ~2J!!!!!.i~~~J!!!~ri:K~U~.r: I) said an issue came up where a commercial vehicle that didn't fall under "commercial" by definition was allowed to violate a code issue although it was clearly an ice cream sales truck. He said he would like to have staff look at the wording in the code so that all commercial vehicles (except emergency vehicles) get the same treatment. City Manager Frank said the Code was written intentionally that way so that people could take their work vehicles home. Commissioner Keller stated it was strictly because of the weight of the vehicle that created a loophole where it was not considered commercial. City Manager Frank said we can bring something back before the commission, but it would affect a lot of people in the community. Page 10 of 11 City Commission Regular May 18,2010 c(rffiPtis~iQ.!!~ll~o~@ 1) said the Black and Gold game is coming up and he would like to purchase the advertisement as we have done in past years. It is $350 for a full back page advertisement. City Manager Frank said it has probably been put in the budget. Without objection. consensus of the commission was to purchase the advertisement and place it in the annual budQet with the other repeat expenses if it has not alreadv been done. 2) read a letter from Parks and Recreation employee Mark Johnson thanking the elected officials for their support of the event. CQmJ'YjsJiH'W'JMeq,l) said she would like to continue making more improvements to the cemetery. It is looking better; however we need to enforce the guidelines. She said there have been beer cans and fishing rods etc. out in the cemetery. x<:'"-/:,g,: (::> .''f/IIt'< ~ ~Pmf ~ }~ Cooritmi~.siQ~Q~!:i!lpod= no comments Mayor Vandergrift I) has comment cards relating to the Hackney Prairie School but it does not say where to send them. Commissioner Keller said he thinks they are supposed to go to the planning department. 2) said he would like to have some type of 85th Year Celebration for the City. He said there has been talk of an Old Timers Luncheon, or Town that Came to Dinner for everyone to attend. Mayor Vandergrift read a proclamation for the 85th Year Celebration beginning May 13th as the year of making the best even better. Mayor Vandergrift said he would like to put out $5000 of seed money to look into celebrating the City. Mavor VanderQrift said made a motion to desiQnate $5000 from continQencv for seed money to promote economic development in the community in this 85th year. Commissioner Johnson seconded for discussion. He stated that he likes the idea but thinks it should be put in the budget. The Mayor said we need to get started before that. Commissioner Wilsen said that Founders' Day is a celebration of the founding of the city; she would like to have a specific event planned before she dedicated any funding. Mayor Vandergrift stated everyone needs to come up with a concept. Commissioner Johnson said we should have a workshop and come up with an idea for an event. V ote was taken on the motion: Motion failed 2-3 with Commissioner Hood. Commissioner Wilsen. Commissioner Keller opposed. There was further discussion about staff and elected officials combining forces to create an event. I ADJOURNMENT The Meeting was adjourned at 9:20 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 11 of 11