HomeMy WebLinkAbout05-18-10MINUTES
OCOEE CITY COMMISSION
May 18, 2010
6:30 P.M. Drop Savers Winners Award Presentation
7:15 P.M. REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regulaz 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
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation -National Public Works Week -May 16th-22"a. (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 still getting a favorable report. Without objection, the
Commission accented the audit report and thanked Finance Director Horton for
the ureat iob that she is doing.
Presentation of Public Works GPS Work Documentation. (Public Works Director Krug)
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 Fazmers' Market in conjunction with the City, the
residents and businesses to revitalize the historical downtown azea. 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 aze 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 chazity 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 aone-time event as long as all the proper special event processes are
completed.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) 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 will 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 will 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,
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May 18, 2010
luckily, this project came in well under cost estimates and a storm water and roadway
reconstruction project will follow the completion of that project.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood - 1) spoke with Christine Moore today and let her know of the City's
support following 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 Keller would be
reporting on the matter. 2) said the Rotary Club will be hosting a breakfast tomorrow morning
at the community center at 7:30 a.m. 3) announced Football signups this weekend at Vignetti
Park (off of Adair Street) from 10 a.m. to 2 p.m. There are spots open for cheerleading. 4)
invited everyone to come out for the Memorial Day ceremony on the 28th at 11:00 a.m.
Cornuutissioner VVit~n - 1) said the Handgun Safety class will be presented by the Ocoee Police
Department on Saturday, May 22°d, in the commission chambers from 8 a.m. to 1 p.m. Class
size is limited to 30 participants. There is no charge for the class. If interested contact staff or
Bill Richardson at 4079053160, ext 3041. She said that the police do a wonderful job in that
class and participants will find it rewarding.
Cr~~ppmi iQ~ ~~ - 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.
Con~i~sio~ner~;i~.i~ - 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 will 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 small turn out. Most of the attendants were the people who lived within two blocks of
where the school will 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 Keller said. The
relief school will take students from schools that are currently over crowded such as Clarcona
Elementary, Citrus and Spring Lake. The biggest groups to be affected will be district #4.
Wind Stone, Orchard Parks, Remington Oaks, Saw Mill, 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
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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 '/2 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.
Mayor V~ndexgrift - 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 7th 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 6`" at 4:00 p.m.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Consent Agenda Items #1 - 7 per staff recommendations. Motion carried 5-0.
1. Approval of the Regular City Commission Minutes Held. on May 4, 2010. (City Clerk
Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Reappointment to the Board of Adjustment. (City Clerk Eikenberry)
The three-yeaz term of Christopher Warren and Jeffrey Cox ends May 2010, Mr. Warren has indicated he is
willing to serve another term, if reappointed. Mr. Cox has declined reappointment, which leaves a vacant
regulaz member position. There aze 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 boazd in 2008, has
indicated he would like to move up to the regular member position.
Approved on Consent. Motion carried 5-0.
3. Approval of Resolution Amending Resolution 2aQ6-006 "Ezhibit B", By-Laws of the
Citizen Advisory Council for the Ocoee Police Department (CACOPD). (City Clerk
Eikenberry)
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 aVice-Chairman annually. In a
meeting held Apri122, 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 following title:
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City Commission Regular
May 18, 2010
RESOLUTION N0.2010-006
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO
THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE
DEPARTMENT; AMENDING EXHIBIT "B" OF RESOLUTION 2006-006;
ADOPTING BYLAWS; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE
4. Approval of Award of Bid #B10-06 Peach Lake Manor Water Main Replacement
Project to Hazen Construction, LLC, in the amount of $649,537.50. (Purchasing Agent
Tolbert)
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.
5. Tennis Court Reconstruction - Tiger Minor Park, Vignetti Park, and
Parkside/Coventry Park.
a. Approval of Award of Bid #B10-O5. (Purchasing Agent Tolbert)
Staff has separately proposed that the award for this work be made to the lowest responsive and responsible fum 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.
6. Approval of Amendment of Agreement between the City and CareHere, LLC for
Operation of the City Clinic. (Human Resources Director Carnicella)
The current contract with CareHere, LLC was approved by the City Commission on November 20, 2007. T'he
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 CareHere was not changed to reflect this.
Approved on Consent. Motion carried 5-0.
7. Approval of Purchase :Agreement with. Bright House Networks, LLC for Maguire
Road, Phase 5, Right-of-Way. (City Attorney Rosenthal)
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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.
G. SECOND READING OF ORDINANCES -PUBLIC HEARINGS
8. Proposed Code Amendment for Temporary Deferral of Road Impact Fee Payments.
(Advertised in the Orlando Sentinel Orange Extra on Thursday, May 6, 2010. Public Hearing scheduled at
~: l s p. m. or soon thereafter). (Development Services Director Shadrix)
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 by Commissioner Keller moved to adopt
Ordinance 2010-003 approving the temporary deferral of road impact fee
payments. Motion carried 5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE N0.2010-003
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.
9. Homes In Partnership (Oak Level Heights). (Advertised in the Orlando Sentinel Legal Classified on
Thursday, May 6, 2010 and May 13, 2010. Public Hearing scheduled at 7:15 p.m. or soon thereafter).
(Principal Planner Rumer)
The f 1.3 acre subject parcel consists of lots 1, 2, 3, 19, 20, 21, & 22 of Block D, Oak Level Heights, platted in
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 f 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-1 (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.
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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 of 75 feet in between well and
septic systems. By annexing into the City of Ocoee, 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.
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 by Commissioner Johnson moved to adopt
Ordinance No. 2010-005 approving the annexation of ± 1.3 acre subject parcel
consisting of lots 1, 2, 3, 19, 20, 21, & 22 of Block D, Oak Level Heights, as
recommended by 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.
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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 approving the rezoning of ± 1.3 acre subject parcel
consisting of lots 1, 2, 3, 19, 20, 21, & 22 of Block D. Oak Level Heights, 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-10-03-02: Oak Level Heights Property Block "D"
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-1, "GENERAL AGRICULTURE" TO
OCOEE R-1, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.34 ACRES LOCATED ON THE WEST SIDE OF
ADAII2 STREET, BETWEEN 2ND AVENUE AND San AVENUE PURSUANT TO THE
APPLICATION 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 Agreement for Oak Level Heights between the City of Ocoee and
Homes In Partnership. Motion carried 5-0.
H. REGULAR AGENDA
10. Approval. of Code Enforcement Reduction of Fine/Lien for Marilyn J. Kelyman, Daniel
J. Kelyman and Daniel J. Kelyman Jr., Located at 6733 Lumberjack Lane. (Deputy
Fire Chief Stanley)
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. T'he 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
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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 oaposed.
11. Approval of Code Enforcement :Reduction of FinelLien for Flat Sun Investment LLC,
c/o: Hat Cheoung Lau, Located at 1512 Lady Avenue. (Deputy Fire Chief Stanley)
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 Apri127, 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 vas 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.
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May 18, 2010
Mayor Vanderarift, seconded by Commissioner Hood, moved to reduce the lien to
X13,534.21, which is the amount that has already been said by the previous owner
and consider this lien paid in full. Motion carried 5-0.
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 $1,695.70 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.
:ement Board to bE
within 30 days. Motion carried 3-2 with Mayor Vanderarift and Commissioner
Keller opposed.
I. STAFF ACTION ITEMS
Nothing further.
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller 1) 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 riot 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
Commissioner Johnson 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
lace it in the annual budget with the other repeat expenses if it has not already[
been_done_. 2) read a letter from Parks and Recreation employee Mark Johnson thanking the
elected officials for their support of the event.
Commissioner Wilsen 1) 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.
Commissioner Hood- no comments
Mayor Vandergrift 1) 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• _ .._,.,.., t__W ___~:____..., s,..
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.
Vote 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.
ADJOURNMENT
The Meeting was adjourned at 9:20 p.m.
Attest:
:~,~..
Bet ikenberry, City Clerk
APPROVED:
City of Ocoee
S. Scott Vandergrift, Ma or
Page 11 of 11