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03-03-09 MINUTES OCOEE CITY COMMISSION March 3, 2009, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner Keller led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - American Red Cross Month - March 2009. (Mayor Vandergrift) Presentation of Essay Winners of the "Home Escape Plan" Essay Contest. (Division Chief Stanley) Presentation by Lynx Bus - Edward Johnson of Lynx gave a PowerPoint presentation showing the proposed changes to certain bus routes. He explained the new Flex route that will replace Link 27 which he said will create a cost savings over $400,000. He said the flex route will be tailored to the demand of the riders where the riders would now call ahead and schedule pick ups. Mayor Vandergrift asked how this will affect the students who use the Lynx Bus System. Mr. Johnson said students will be picked up at home and taken to the school if they call in advance. Commissioner Keller asked if the students be able to plan routes in advance rather than call everyday and Mr. Johnson said they are looking into "Subscription Trips" and he will convey back to the planning staff that Ocoee is interested in doing that for students. There was some discussion regarding the reasons for the changes, Ocoee having its own bus service within the City, and the route being reinstated if there is a change in the economy or the demand. Commissioner Hood asked the drop dead date for the route change. Mr. Johnson said April 26, 2009. The consensus of the Commission was that it would be better to extend that deadline one month and wait until the end of the school year so that kids will not have to adjust to the flex route system until the next school year. They asked that Lynx take a serious look at the changing the date. Mr. Johnson said he will ask the planners to take a look at extending the date of the change to the new flex schedule; they want to make this transition easy for the riders. Mayor Vandergrift said they are not happy about these changes, but had no choice but to live with them for now. I C. COMMENTS FROM CITIZENS/PUBLIC Scott Delany, 800 Center Street, asked Commission for speed bumps on Jay Street to help slow traffic. Public Works Director Krug said he has met with the residents out there and discussed it; he doesn't feel it meets the requirements for speed tables but will if it is the pleasure of Commission. He said that Commissioner previously approved one speed table on Jay Street last March when it was $5200 for one pre-fabricated speed table. Since that time, they have been installing the lower priced asphalt speed tables for $3000. He said they have the funds to do the one speed table, but residents now would like a second table and he needs Commission approval to do that. Commissioner Anderson said they really need the two tables if we have the money. Commissioner Keller asked if they only need an additional $800 to make the funds $6000 to City Commission Regular March 3, 2009 cover the cost of two tables. Public Works Director Krug said he double checked and there is $2500 budgeted for the speed table on Jay Street, not $5200. Commissioner Johnson added that one table would not serve the purpose on Jay Street because it is regularly used as a short-cut for traffic. Commissioner Johnson, seconded by Commissioner Anderson, moved to approve installation of two asphalt speed bumps on Jay Street for a cost of ~6000, whereas $2500 is already budgeted. Motion carried 5-0. Scott Delaney reported that the existing speed bumps on Center Street do not prevent speeding at all. Commissioner Anderson asked if the speed bumps could be corrected on Center Street while they are out there doing the other work. Public Works Director Krug said they can redo the approach for those speed bumps for an additional $2000. Consensus of City Commission was to approve the correction of the speed bumps on Center Street in the amount of $2000. Rosemary Wilsen, 1019 Shady Maple Circle, announced the 4th Annual Safety Spring Fling would be taking place March 28, 2009, at 10 a.m. at Bill Breeze Park and listed many activities for the day. She said it was a free event and more information could be found on the City's website. RP Monacky, 1820 Prairie Lake Blvd, asked if the speed tables were tested after completion to be sure of the speed one would be capable of driving over them. Commissioner Anderson suggested reducing the speed on Jay Street to 20 mph. Mayor Vandergrift asked staff to evaluate it and report back to the Commission. I D. STAFF REPORTS AND AGENDA REVIEW Emergency Item- Budget Transfer for Emergency Purchase on one K-9 Vehicle. City Manager Robert Frank said there is an emergency item which requires a budget transfer for an emergency purchase of a K-9 vehicle. They Mayor declared it an emergency item and asked him to go ahead with the item now. Mr. Frank explained the K-9 vehicle purchase from the City of Longwood. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve the emergency purchase. Motion carried 5-0. I Emergency Item - Wekiva Area Study - Unsafe Septic Tank Program Mr. Frank referred to a letter from the 2005 City Commission to Mr. Gerald Briggs of the Bureau of Unsafe Septic Tank Program which is also an emergency item. At the request of the mayor, City Manager Frank investigated the septic tank matter. He discovered that there is legislation by Senator Constantine to beef up the regulations on the Wekiva Area as far as what Page 2 of 15 City Commission Regular March 3, 2009 needs to be included in their comprehensive plan. There is also a bill to offer some type of low- income credit if one has to put in a new septic system due to regulations that arise from being in the Wekiva Area. There is no bill at this time that requires one to put in the new septic system according to the City's lobbyists. At some point the state probably will come out with a regulation. Mayor Vandergrift noted that he obtained additional information from Planner Rumer who is opposed to the matter because it will cost some of the citizens roughly $20,000 to change over to the new system. The Mayor added that it is still untested even though the state rules committee has voted to move the matter forward. It is being recommended to everyone that they send a letter to the Governor who is the only one who can stop the matter at this point. The Wekiva Area covers 90% of Ocoee which means that 90% of Ocoee's citizens would be affected. Commissioner Anderson asked how the City could be removed from the Wekiva Study Area. City Manager Frank recalled that the City had tried to get removed before and it was a difficult process. City Attorney Rosenthal stated that the boundaries are in the statute; hence, the only way to get removed would be for the legislature to amend the statute. Mr. Rosenthal added that how lines were drawn were as much politics as science. Commissioner Johnson pointed out that this is not a one-time assessment; there is a fee that goes with the new system that must be paid annually. Mayor Vanderarift, seconded by Commissioner Johnson, write a letter to ao on record as beina oDDosed to this and ask for more time for the state to come UD with a scientific study that would exclude Ocoee from beina in the Wekiva area. Motion carried 5-0. City Manager Frank noted that there is a revised agenda item on the dais, which is item # 16. City Manager Frank circulated a draft letter for the mayor's signature. The letter requests a continuance for a special exception hearing in the county for the water tower site at the intersection of White Road and Clarke Road. The county is proposing to put a 175 foot communications tower at that site. The City's code limits the tower from 75 feet to 125 feet depending on whether there is a camouflage or not. There had been talk with the county about the county purchasing the site to use it for a reclaim water storage system. The county consented to issue a continuance if that is the City's wish but they would need a letter from the City. The city manager sought consensus by the commission to send the letter. Commissioner Anderson, seconded bY Commissioner Johnson, moved to send a letter to the county reauestina a continuance for the sDecial exceDtion hearina. Motion carried 5-0. The city manager gave an update on the new police building. The whole project is on tract, and there will be about 90 days before the project is completed. City Manager Frank mentioned that the city clerk asked that he mention that the Ocoee Election will take place on March 10th for District #2 only. The polling place will be at the Community Center which is located at 125 North Lakeshore Drive. Voting will be from 7:00 a.m. until 7:00 p.m. The candidates that are running for the seat are Commissioner Scott Anderson and Mrs. Rosemary Wilsen. The city manager turned the commission's attention to Ms. Wanda Horton, Finance Director, so that she could give a report about the City's first quarter of financial activity, a copy of which had been put into the commissioners' mailboxes. Page 3 of 15 City Commission Regular March 3, 2009 Ms. Horton reported that all four funds' revenues exceed the expenditures. Revenues of the general fund are identified by category. The first quarter's revenues received exceed the benchmark percentage (25%) with 44% of revenues received overall for the general fund. General fund expenditures show that the expenditures fall with in the benchmark. The City's investment portfolio is around $25 million. Outstanding debt is $60 million. The economy is affecting local governments. During the budget process, steps were taken to minimize any decline in revenues for the city. Positions that had been frozen were eliminated; operating expenses for departments were reduced, projections for state revenues were minimized and capital projects were downsized. Two revenue sources were discovered. Staff will continue to monitor expenditures or revenues. If there is any substantial change in either expenditures or revenues, Ms. Horton stated, the commission will be notified. Mayor Vandergrift commended the staff. Commissioner Anderson also gave praise to staff for being so vigilant about the City's finances. I E. COMMISSIONERS ANNOUNCEMENTS Commisskl..r:~~;a introduced his father who was visiting from out of town. CcmamissiolJe..J~~oP (1) announced the Elks Lodge is having their annual charity ball and inquired if it was put into the budget to donate, as they usually do. He said he would get with the city manager on that at a later time. (2) suggested donating $500 to the West Orange Girls Club for their reroofing project. Commissioner Johnson. seconded bv Commissioner Anderson. moved to donate '500 to the West Oranae Girls Club to assist with their new roof. Motion carried 5-0. COBlmisioaerJoJ1la$GD (3) continued by reporting a concealed gun permit class took place in city hall a few weeks ago and said it was a great class for the residents and the teacher, Jerry Lewis, did a wonderful job. (4) announced that the Ocoee Little League had a great opening day with about 500 kids who signed up. Commissioner Hood added that Ocoee staff did a great job and the Facilities Department repainted and replaced gutters and he applauded them for a job well done. (5) asked Commissioner Hood if the Little League could have a Hall of Fame area for past helpers and was informed it was already being discussed. Commissioner Hood stated the Little League Board was made up of 25 members who do a lot of hard work, as well as parents, and they are all much appreciated. Mayor_~_~ (1) announced the Girl's Club was having opening day ceremonies this Saturday. (2) complimented the Ocoee Little League parade and their great opening day events. ComuaisSioDerKeDer (1) thanked the Ocoee students and the police from around the area that put on the mach D.D.!.; they did an excellent job. (2) reminded that the high school has a chorus concert on March 20-21 for a cost of $10 for adults and $5 for students. (3) announced that the Human Relations Diversity Board presented a plaque to the City Commission for their assistance and support in the MLK Parade and the Orisi Risi Program. Page 4 of 15 City Commission Regular March 3, 2009 I F. CONSENT AGENDA 1. ,Appl'oval. .and . A. 2009.. (CftYc~ Approvedo~C()~sent. .lVioti()n cilrried 5-0~ 2. 'ReaPP8iBtm.I,W~":': :';5,';< .",",zl..",,:,,~~,z.~~~","""'. ",'''_;:,~Gi(y,(JIerkEikeBberry) On January 15,2002, Resolution No. 2004-09, was adopted creating the Community Grant Review Board fi'k/a Community Merit Awards Review Board, requiring five (5) members all serving two-year terms. The two-year term of Kristine Bauske expires March 1, 2009. She has indicated that she is willing to serve another term, if reappointed. There are currently no applications on file for this board. Approved on Consent. Motion carried 5-0. .'. .,!\fiJlJlt~ofFeb11l2ll"Y17 , ;Y>~,:~:t ~',~^Y~3-::/:. 3. Appoill..~,..i_;_.r~XIfI~tt"[ml:7~~.i'~:C_kEillenhn'Y) Members of the Parks and Recreation Advisory Board serve two-year terms. Currently the board has ten (10) members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of thirteen (13) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff recommends the City Commission consider appointing Sylvester (Ves) Baxter, Jr. to the Parks and Recreation Advisory Board with a term ending October 2011. Approved on Consent. Motion carried 5-0. 4'=':~~'c1t~. ,:.~tfJ~~of:~SpriDg The Fourth Annual City of Ocoee Spring Fling will be held Saturday, March 28, 2009, from 10:00AM to 3 :OOPM at Bill Breeze Park at the City Municipal Complex. In order in help ensure a safe event, the organizers are requesting the closure of the City boat ramp between the hours of midnight (Friday night/Saturday morning) and 4:00 PM and the closure of the driveway between the boat ramp and City Hall's west parking lot; Oakland A venue between Bluford A venue and Lakeshore Drive; and Lakeshore Drive between the boat ramp and Oakland Avenue between the hours of 9:00AM and 4:00PM. Approved on Consent. Motion carried 5-0. Award.. ofBicl'fB:I8JiM..~~~~';'\ilt,'~ij;'iitI,.rJ.~gA~t TOlbert) S. .... .... .... .,~~l!P".,......;~.~AJ\II~<.~........~';'>'""""" .~ . As part of the Central Park Improvements, the City solicited bids from qualified contractors to construct an elevated pressure-treated lumber boardwalk and observation pier along the shoreline of Lake Moxie in Central Park, which is located on Flewelling Avenue in the central part of the city. The Parks and Recreation Department and Finance Department have reviewed all bids and staff recommends awarding the bid to C&L Landscape Inc. as the most responsive and responsible bidder for the amount of $89,291.00. Approved on Consent. Motion carried 5-0. 6. Approval~l\.'''.'''' ...MiIk,...d.lreeQt.U't, 1ne.(DRMP) ~... .' r) ... The City has a continuing contract for engineering design services with the firm of Dyer, Riddle, Myers, and Precourt, Inc. Work under this contract is authorized by purchase order following the specification of a scope of work by the City and negotiation of a price proposal. Funds to expand and improve Central Park, located on the north side of Flewelling Avenue, were budgeted by the City Commission over several fiscal years. Most recently, $200,000 were allocated in FY 2009 and $48,957.42 remains unexpended from the FY 2008. From these funds, City staff has proposed a number of improvements. Among the improvements planned for this phase of the work are reconstruction of Armstrong Alley, relocation of the existing volleyball court and basketball court and construction of stormwater improvements, additional parking, enhanced access to facilities, an improved trail to the non-motorized boat ramp, and the new boardwalk being constructed along the Lake Moxie shoreline. Due to the nature of these improvements, design by a licensed engineering firm is required. Approved on Consent. Motion carried 5-0. Page 5 of 15 City Commission Regular March 3, 2009 7. Appr~lf&r~.IMI.~~~~~!It#~~lt~); Staff requests that the City Commission: 1) Declare the items listed as surplus; 2) Approve George Gideon Auctioneers for the public sale of the City's surplus property, authorize staff to piggyback on the Osceola County School Board's contract with George Gideon Auctioneers, and authorize execution of the agreement between the City and George Gideon Auctioneers by the Mayor and City Clerk for a term of one year. 3) Approve the date of the City's auction with George Gideon Auctioneers as March 21, 2009, at 9:00 a.m. Approved on Consent. Motion carried 5-0. 8.A.-pp~y.~.. F~ty.':.. On September 3,2008, a sewer forcemain break on the north side of S.R. 50, 1,900 feet east of its intersection with Clarke Road. The ruptured main is located in the center of the roadside swale that conveys water eastward to wetlands on the north side S.R. 50 which is hydraulically connected to Lake Lotta. Due to the nature and location of the main break, the rupture and spillage was not discovered until a flow anomaly was observed at the wastewater plant. The spillage was a violation of Florida Department of Environmental Protection (FDEP) rules and the City has been fmed $10,000 less an adjustment due to corrective action the City has undertaken; the long-term correction being the replacement of the forcemain under construction and the western sewer transmission main planned for the future. A short-term fIx has been the modifIcation of the operation parameter to Lift Station #7 and installation by staff of an air release valve on the existing forcemain. Thus, to conclude FDEP's action, the City should execute the consent order and pay the administrative penalty of $6,250 and reimburse the Department cost in the amount of$I,OOO. Approved on Consent. Motion carried 5-0. I G. PUBLIC HEARINGS 9.~MJt.~~f Lega/(;jassiftl@'Qn The Marshall Farms Business Center Site Plan consists of an offIce/warehouse and retail facility. The total project is proposed to be developed in two phases. Phase 1 will consist of the offIce/warehouse building and Phase II will consist of a strip retail commercial building. The total combined building floor area will be (26,000 sq. ft. offIce/warehouse + 10,000 sq. ft. retail building) 36,000 square feet which are within the allowed intensity. **Staffrequested this item is continued to March 17. 2009. Mayor Vandergrift opened the Public Hearing. There was no one wishing to speak. Commissioner Keller, seconded bv Commissioner Anderson moved to continue this Public Hearina until the March 17, 2009 reaular Commission Meetina. Motion carried 5-0. I H. FIRST READING OF ORDINANCES to.; Re(;uJ1j The City Commission of the City of Ocoee desires to control loud, unnecessary or disturbing noise within the city limits. Implementation of an enforcement program will promote, protect, and improve the safety of the citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes. City Attorney Rosenthal read the title of the noise ordinance and announced that the second reading and Public Hearing will be on March 17, 2009. Page 6 of 15 City Commission Regular March 3, 2009 1 1. APProvat of 0 ',of ~~~(f,' ~"~; aa4Reere.aiifJn . d '. .., . In December of 2008 the City Commission discussed the need to regulate smoking on and around recreational facilities in city parks. The Parks and Recreation Department was tasked to develop an ordinance to address the problem of individuals smoking around athletic fields during youth activities. Park and Recreation staff researched what other communities in the State of Florida have done in terms of developing ordinances that regulate smoking in parks and recreation areas, and found that several cities and counties in Florida have taken measures to protect their residents from secondhand smoke exposure by adopting ordinances that restrict smoking in outdoor areas, including recreation areas used by youth organizations, and other places where people congregate. Cities, villages and towns in the State of Florida that have adopted ordinances that prohibit smoking in parks to varying degrees include: Apopka, Chipley, Coral Gables, Dania Beach, Deland, Holly Hill, Marco Island, Miami Lakes, Newberry, North Port, Ormond Beach, Oviedo, Palm Coast, Palm Springs, Parkland, Port Orange, Port St. Joe, Sanibel, Seawall Point, St. Cloud, Sunrise, Tavares, and Venice. In addition to these cities there are several counties that have developed ordinances to prohibit smoking around recreational facilities, these include; Brevard, Hendry, Hillsborough, Nassau and Sarasota. City Attorney Rosenthal read the title of the ordinance prohibiting smoking in portions of recreational property and announced that the second reading and Public Hearing will be on March 17, 2009. 12.M1)ll"O~~";~ (Sect;)#dRifilJii,g'~ ," ""'~,~~a): The subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a three lot commercial subdivision on the subject property. I a. Annexation Ordinance I City Attorney Rosenthal read the title of the annexation ordinance and announced that the second reading and Public Hearing will be on March 17,2009. I b. Rezoning Ordinance I City Attorney Rosenthal read the title of the rezoning ordinance and announced that the second reading and Public Hearing will be on March 17,2009. 13. APPJlOval~c>' ,,:t{Sec(1nd.~gand PublicHe~ The property is located on the east side of Ocoee-Apopka Road approximately 1,800 feet north of Palm Drive intersection. The subject property consists of two (2) parcels fronting on Ocoee-Apopka Road. The northern parcel is improved with a nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is vacant and undeveloped. Both parcels are consistent with the adopted City of Ocoee Comprehensive Plan. I a. Annexation Ordinance I City Attorney Rosenthal read the title of the annexation ordinance and announced that the second readin and Public Hearin will be on March 17,2009. b. Rezoning Ordinance City Attorney Rosenthal read the title of the rezoning ordinance and announced that the second reading and Public Hearing will be on March 17, 2009. Page 7 of 15 City Commission Regular March 3, 2009 I I. REGULAR AGENDA 14. Approval of Quarterly Community Grant Program - January 2009 Cycle. (Community Relation Manager Wright) The Community Grant Review Board voted to award grants to 7 organizations and voted to deny awarding grants to four organizations. Three organizations were denied because they did not have a representative present at the meeting. The Board did not approve one organization's grant request because the group did not meet the grant criteria. The following are the organizations that were denied grant funding: American Legion Post 109; Ocoee Sharks Baseball; West Orange High School and Winter Garden Elks. There is $5,000 allotted for this cycle of the Community Grant Program. The total amount requested from the 11 organizations this grant cycle is $5,500. The Community Grant Review Board voted to fund 7 organizations in the amount of $3,500. The next grant cycle begins in July. Community Relations Manager Wright explained this grant cycle and said that staff recommends the recommendations to grant 7 of the applicants in the amount of $3500 and deny the grants of 4 of the applicants. Lou Corgis and Susan Lawless spoke on behalf of the Ocoee Sharks, an AAU baseball team, and said that he did not understand the reasons for denial from the grant review board. Board Chair Jim Sills explained the board's denial and said the board felt that a higher level team and a traveling team does not meet the criteria for this grant. He added that parents generally understand that when their kids wish to compete at that higher level the parents bear the expense of that. Commissioner Hood explained, as a former member of that board, it is his understanding that this organization does not qualify because it does not benefit all children; there are cuts made and only the elite can play on this team. Little League is open for all kids to try out and participate. Mr. Corgis said he understands that now and wishes that it would have been explained that way on the night of the Grant Review Board meeting. Commissioner Hood added that they serve over 80% Ocoee kids, so they should be able to use Ocoee fields for practice and home games. He advised them to get in touch with Parks and Recreation to look into that. Commissioner Hood. seconded bv Commissioner Anderson moved to approve the Community Grant Awards as recommended bv the Community Grant Review Board. Motion carried 5-0. 15. Approval of Prairie Lake Park Conceptual Plan Modifications. (parks and Recreation Director Hayes) A conceptual plan for Prairie Lake Park, which is located south along Hackney Prairie Road and east of Clarke Road and lying between the Remington Oaks and Westchester developments, was presented to the City Commission in 2005 identifying various facilities that could be included in this park. Since the original concept for the park was presented, the City has obtained a Florida Recreation Development Assistance Program (FRDAP) grant to assist with the development of the site. The Parks and Recreation Department has been working to refme the conceptual plan and develop construction plans to proceed the development the park. Parks and Recreation Director Hayes gave a PowerPoint presentation explaining the phases of Prairie Lake Park. He stated that the budget to complete this work was $416,000 and $200,000 of that will be paid from a FRDAP grant. Page 8 of 15 City Commission Regular March 3, 2009 Commissioner Keller said it is an excellent plan. Commissioner Anderson mentioned that former Commission Nancy Parker was a driving force for this park and when we complete this project we may want to name it after her. Commissioner Keller. seconded bv Commissioner Hood. moved to approve the Prairie Lake Park Conceptual Plan Modifications as recommended bv staff. Motion carried 5-0. The City Building Official issued an emergency demolition order to demolish the Colony Plaza. Staff was directed to procure demolition services for same. The City of Orlando has a current term contract in place with Central Environmental Services, Inc. for demolition services, and Staff recommends piggybacking on this contract to expedite the bid process. The City received three (3) proposals: Central Environmental Services, Inc. in the amount of $684,100.00 plus bonds of $10,305.00, HB Walker, Inc. in the amount of $687,850.00 excluding bonds, and D.H. Griffm Companies in the amount of $951,341.00 excluding bonds. The City will be providing the clean fill dirt for backfilling the pool cavity. City Attorney Rosenthal reviewed the background of the Colony Plaza demolition effort which brings this item before the Commission tonight. He said there was an extensive staff presentation last December to the Building Official regarding the emergency nature of various public health, safety and welfare hazards presently occurring there; they requested that the Building Official issue an Emergency Order allowing for the demolition of the Colony Plaza which is authorized under Section 108-42 of Ocoee Code of Ordinances. Following that presentation, the Building Official issued Administrative Order 2009-1, finding that an emergency situation existed at the Colony Plaza and asked for demolition of the Colony Plaza which consists of two towers, swimming pools and various structures within the site that constitute a hazard. Mr. Rosenthal added that the Code required procedures in connection with issuance of emergency orders; one of those is notices to property owners, lien holders, and others with interest in the property (condo and timeshare owners, lenders, persons with liens). Based on a title search previously approved by the commission, they found that there are some liens on some of the properties. In the last tax round, Orange County did not put the unpaid taxes out for a tax certificate sale because they didn't feel that was realistic to have people bid on the unpaid taxes associated with this property. On February 5, 2009, 2500 notices went out; there were 1950 different mailings were done because of duplication of ownership. The Code allows five days from date of notice to file an appeal of the Order before the Minimum Standards Code Appeals Board established in Chapter 108 of Ocoee Code of Ordinances. He stated that 10 days was added for the mail to be received and returned. There were 15 appeals filed, one was received late but was still considered. Mr. Rosenthal stated that there was a second Administrative Order 2009-2, issued by the Building Official on February 17, 2009 which related solely to the interests in Colony Plaza which were owned by Cypress Colony, Inc. because an issue came up in the appeal review process as to whether or not all of Cypress Colony, Inc.'s interests were included within Page 9 of 15 City Commission Regular March 3, 2009 Administrative Order 2009-1, with that issue being that a condominium doesn't begin on a ground level, but begins in the air on the second floor, since the legal description of the condominium was attached to the initial administrative order they thought it was prudent to ask the Building Official to file an additional Order and that was done. No appeal has been filed on Order 2009-2. Cypress Colony, Inc., the underlying land owner, is well aware of the process that is going on with respect to the demolition of the Colony Plaza. While they have not given express permission to in terms of a legal instrument to go on their property, which is not needed, they have acknowledged that we are going to be doing it. One of the items in the agenda is that the demolition contractor will provide a certificate of insurance which will also name Cypress Colony, Inc as an additional insured as well as the City. Administrative Order 2009-2 was mailed on February 18,2009 and no appeal was filed on that order. Mr. Rosenthal also advised that a hearing before the Minimum Standards Code Appeals Board was held at lOam on February 26, 2009. A presentation was made; all appellants were notified by mail of the hearing. The Standards Code Appeals Board denied the appeals and issued an order denying the appeals. A copy of the Order was mailed to all of the appellants that same day by the City Clerk. The order said that any appeal to the Minimum Standards Code Appeals Board is appealable to the Code Enforcement Board, however with appellant proceedings the issues and nature of the appeal become narrower as you go up that process; it would be limited to matters that were raised at the appeals board. At this time no appeal has been filed to the Code Enforcement board, there is no time frame set forth in the Code, so those could still come in at a later time. Any appeal to that proceeding would be through a writ proceeding to the Circuit Court. There was a Court Reporter present at the Appeals Board hearing so there is a certified transcript. There was also a certified translator to ensure all rights were protected and he was used extensively. Recognizing that many of the unit owners do not have English as their first language, the notice was translated into Spanish, even though it was not required by our Code. We also accepted appeals that were filed in Spanish language. Mr. Rosenthal continued saying that as far as the demolition process, staff has been working with the Purchasing Office to determine demolition process in conjunction with an emergency order to get it done promptly. It is not a structure that can be demolished in one day; it requires remediation in accordance with environmental issues and laws. An Appeal to the Code Enforcement Board does not prevent the demolition of the structure; it would require some type of injunctive action by a court. They recognized that there is a possibility that following the commencement of the demolition something could happen to cause a stop work order, so they incorporated language in the contract that provides that the City could suspend the demolition work for up to 120 days. Each additional stop work/re-mobilization after the first one would require that $800 be given to the contractor. Mr. Rosenthal added that they are comfortable from a legal standpoint about the position of the city. City Attorney Rosenthal said a contract of this nature, which is now $694,405, would typically call for competitive bidding, but this is an emergency action that needs to be done as quickly as possible so we asked staff to replicate the competitive bid process as best they could, without going through the whole process and delay the demolition. He said Purchasing Manager Tolbert will explain the process in more detail if needed. The Code says a contract of this amount does, require competitive bidding unless the Commission waives the minimum standards which would Page 10 of 15 City Commission Regular March 3, 2009 otherwise require competitive bidding. Staff recommends that the Commission exercise that authority based on the life safety issues at the Colony Plaza and the emergency nature of this proceeding. He said that he would caution that a lengthy bidding process that someone may use that process to negate the emergency nature of the Building Officials Oder in that regard. Mr. Rosenthal said the original thought was that the Contract would be with a group called CES, Central Environmental Services, a piggyback with City of Orlando, and authorizing a work authorization under that contract. There have since been some glitches in two areas; the type of license required to demolish a building of this size, a General Contractors license; and a performance bond required by Florida Statutes to make sure city is protected against subcontractors coming in and saying they have not been paid. A bond will protect the City and the Subcontractors since this is not City property we are going on. The City is now going to enter into a direct contract with Southern Building Contractors, which was originally going to be the subcontractor with CES, and there has been an amended agenda item presented to the Commission with that change. They cannot enter into contract with CES because the bond has to be with the company that that you directly contract with. City Attorney Rosenthal said before the Commission tonight is the proposed contract and work auth between city and Southern Building Services is a sub contractor and essentially puts together the same structure that we would have had if we used the piggy-back contract with Orlando. It attaches the same terms, conditions, and specifications as an exhibit, but it is a direct contract with Southern Building Services which is not an entity that has a contract with the City of Orlando. City Attorney Rosenthal said that in order to proceed with this, the Commission would need to 1) Implementation of the Emergency Order by waiving Section 21-4 of the Ocoee Code requiring the competitive bidding process. 2) Approve Demolition Contract, in the amount of $694,405 with Southern Building Services, Inc. and authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents with Southern Building Services once the appropriate bonds and insurance are secured. Purchasing Manager Tolbert said that there was not much more to explain, she would answer any questions that the Commission had. City Attorney Rosenthal noted two people in the audience, led Berman, who is the court appointed custodian of this property and Mr. Mendez, one of the appellants who appeared before the Appeals Board and asked that the building not be demolished. He stated the hearing tonight is not a rehearing of the case of the Appeals Board. Any reconsideration would be heard before the Code Enforcement Board and then to the Circuit Court. He added that the decision moving forward from a funding standpoint is before the Commission because of the cost involved. He said these costs are reimbursable through the CRA. The city will also place a lien on the property with regard to the cost of demolition, how that will be handled is a question for another day because the circumstances will need to be evaluated after the demolition. He said it will take 60 days for the primary completion of the demolition and then 15 days for full completion. Mayor Vandergrift asked about liens on the property. City Attorney Rosenthal said there are two liens. 1) against the condominium association well in excess of 4-5 million dollars, which would be very difficult to collect because of the multiple owners with an undivided interest, and 2) a lien against Cypress Colony, Inc. with respect to the lot which is a Code Lien to Page 11 of 15 City Commission Regular March 3, 2009 clean up the site and it has been accruing daily. The City has filed, with Commission authorization, to file a court proceeding to foreclose that lien, but have not moved forward on that because the complexities of the law cause the Code Enforcement Lien ($800,000) to be better than a judgment we would get in a judicial proceeding. The relationship between the City and Cypress Colony, Inc. is one that will be an action to address following the demolition. They own the dirt on which the condominium and time share sits. Commissioner Keller, seconded by Commissioner Anderson, moved to waive the minimum standards set forth in Section 21-4 of the Ocoee Code to waive the competitive biddina reauirements in connection with the emeraency demolition of Colony Plaza. No vote taken at this time due to subseauent discussion. There was discussion with regard to the contract, payment staging, and possible delays during the demolition. City Attorney Rosenthal said any stop work order would have to be evaluated at that time as to what the city's next move would be. There is nothing that has been seen at this point that would provide a viable argument to the court to cause an injunction. The worst case scenario would be that after the demolition it was found that the demolition should not have taken place; that would create a compensation issue or an inverse condemnation case. To protect the City from that cost, an appraiser was hired to do an independent evaluation of every single unit, so if we find ourselves in that proceeding we believe the cost for each unit would be negligible. The tax collector has them assessed at approximately $500 per unit. The bigger issue is for the owners who have mortgages on the properties, but that will be between the owners and their lenders. He added that the City did not create this issue and could not do anything back in 1985 to block the conversion from hotel to condominium because that fell under State Law. Mr. Mendez, condominium owner, expressed that he is against the demolition of the Colony Plaza. Jed Berman, Custodian for Colony Plaza Condominium, Inc. said he became the custodian when the receiver who was charged to restore Colony Plaza threw his hands up and said he could not do it. There was an issue with getting loans from banks because of the separation between the land and first floor from the condominiums on the 2nd through 7th floors. He stated, with regard to the liens, Colony Plaza Condo Association Inc has no assets, owns nothing, and the City will probably never recover any money. He added that imposition of liens against units, currently appraised at $500; the taxes are approximately $85 per year. There should be little of now expectations of recovering anything against the unit owners. The condition of building, the receiver had issues with not being able to get a loan on restoring the building because they did not own the land which Cypress Colony, Inc. would not cooperate with them. Any assets Colony Plaza Condo Association may have are in the hands of the court and not accessible to anyone. Commissioner Anderson discussed the two liens. City Attorney Rosenthal said he would not dispute that the owners who could not rehabilitate it are not going to be willing to write us checks for doing the demolition. The second lien for approximately $800,000 is on the land and first floor and obviously that land is of value. There are existing mortgages on the property. City Attorney Rosenthal said that it a complex situation; following the demolition they will recommend that the City Manager put a lien against the property owners and Cypress Colony, Page 12 of 15 City Commission Regular March 3, 2009 Inc. The condominium will remain in place as far as the "air rights" and it is a complex argument that may require changes in the law. There was discussion regarding what could be built without violated "air rights" but that is a question for a later day. There was also discussion about whether or not the property could be sold. Mayor Vandergrift asked if they can sell the property after the demolition. Mr. Rosenthal said it is a fee interest property and anyone can sell there share. The only one of value is the "dirt" and that is owned by Cypress Colony, Inc. which has legal entanglements with the condominium association. He added that some of the banks have agreed to give the City units they have acquired, so there could be a point in time where the City could acquire a sufficient number of units in the air rights to give the City voting rights in the condominium to then extinguish it. Mr. Berman said the entanglement is an easement agreement which would make it unlikely to place a building there because the easement allows ingress/egress and use of the pool and facilities to anyone in the condominium association. They key is to get rid of the easement. Mayor Vandergrift asked if we are just going to end up with a baron piece of ground that we have to maintain. Mr. Berman said that it will still be owned; the city would not have to maintain it. City Attorney Rosenthal said at if Cypress Colony, Inc. is not more pro active at keeping the site clean we would have Code Enforcement actions against them and their interest in the property, which could result in the City being the owner in the underlying dirt. Mayor Vandergrift asked how we can avoid this happening in the future. Mr. Berman said the City could not do anything about the condominium conversion, but look closely at allowing a developer to own the land and first floor of a building because this was not disclosed in the marketing. Mr. Rosenthal said that at that time they were not required to have the City approve the Condominium documents, but we have since provided that right in our Conditions of Approval on new high rise buildings. Steve Peace, Peace of Mind Environmental, a contractor who said he thought the city should secure the property for an additional 60 days and go out for competitive bid process on this property. He added that the way the economy is right now a competitive bid process would save the City a lot of money. Commissioner Johnson said we cannot afford to wait another day. The Commissioner discussed the liability of leaving it standing for any longer and the bonding on the project. After the discussion. vote was taken. Motion carried 4-1 with Mayor Vanderarift opposed. Commissioner Keller. seconded by Commissioner Johnson moved to approve the Demolition Contract. in the amount of $694.405 with Southern Buildina Services. Inc. and authorize the Mayor. City Clerk. and Staff to execute all necessary contract documents with Southern Buildina Services once the appropriate bonds and insurance are secured. Motion carried 4-1. with Mayor Vanderarift opposed. On March 20, 2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the property located at 122 Bismark Court, Ocoee, Florida. The violations observed were overgrown grass/weeds. Page 13 of 15 City Commission Regular March 3, 2009 A notice of code violation was sent to the property owner Ranna Zaflow on March 21,2007. A re-inspection of the property on April 9, 2007, revealed the property remained in non-compliance. A Notice of Hearing was sent to the property owner Ranna Zaflow to appear at the Code Enforcement Board Meeting on April 24, 2007, and was continued until the June 26, 2007, Code Enforcement Board Meeting. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until July 2,2007, to comply or pay a fme of $250.00 per day until the property was brought into compliance. The property was re-inspected on July 3, 2007, and found in non-compliance. An affidavit of non-compliance was issued on July 3, 2007. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on July 24, 2007. The fme accrued daily until the property was deemed in compliance on July 23, 2007, upon receipt of dated invoice for abatement. The total amount of the fme is $4,796.85. The Code Enforcement Board recommended the property owner's request for a . reduction of fmes to $2300.00. It is staff's recommendation to support the decision made by the Code Enforcement Board. Building Official Washington presented this case and said that staff recommends approval of the reduction to $2300 per Code Board Recommendation. Sally Pisteo, Realtor for the property, testified that she did not feel it is fair for the new owner who brought the property into compliance to pay for any liens from the previous owner. Commissioner Hood moved to reduce the fine as recommended by Staff and the Code Enforcement Board. Ms. Pisteo, realtor, stated she did not feel that any lien was fair to a new owner. There was discussion which revealed that a bank now owns the property since they foreclosed it. There was discussion with regard to why the lien was not discovered through the title search and the fact that the new owner was a bank. Commissioner Anderson said he is in favor of enforcing the full lien on the property. Commissioner Hood rescinded his motion. Commissioner Anderson. seconded by Commissioner Hood. moved to deny the reauest for a reduction in the lien on the property at 122 Bismark Court. leavina the lien at $4796.85. Motion carried 3-2. with Commissioner Keller and Mayor Vanderarift. I J. COMMENTS FROM COMMISSIONERS Co........~~. - 1) thanked the Parks and Recreation Department staff for the good job that they did over in Central Park and also the great job that was done by Starke Lake. Mayor Vandergrift inquired when the culverts would be cleared up. City Manager Frank said they are looking into prices as well as some additional fixes and some planters they would like to place there. 2) Commissioner Anderson said they had spoken about placing garbage cans on the south side of Lakeshore Drive and there still are not any in place. City Manager Frank said he would check on that tomorrow. c.........1Iectd - None Page 14 of 15 City Commission Regular March 3, 2009 COlIDDissi()llerJohllsea - Inquired if they could get the regular benches like the ones placed by the Lake also placed at the Tom Ison Center. Parks and Recreation Director Hayes said he can look into purchasing a few. C().~"KeUer - 1) Reminded everyone that March 28th is the Safety Spring Fling. 2) March 20th and 21 st is the Ocoee High School Chorus Concert at Ocoee High School. I ADJOURNMENT Meeting adjourned at 10:19 p.m. Attest: APPROVED: City of Ocoee ~~;~:&~6 ikenberry, City Clerk Page 15 of 15