07-07-09MINUTES
REGULAR CITY COMMISSION MEETING
July 7, 2009, 7:15 p.m.
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 Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, and led by Commissioner Wilsen. City Clerk Eikenberry called roll
and declared a quorum present.
Roll Call: Commissioner Hood, 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 -Parks and Recreation Month -July 2009. (Mayor Vandergrift)
C. COMMENTS FROM CITIZENS/PUBLIC
Sherry Loiacono, of Oakland Florida, mother of Melissa Walsh, asked for a reduced fee for
NWA Wrestling Benefit fundraiser event for her daughter. Her daughter is a recent graduate of
West Orange High School who became a quadriplegic last year after a vehicle accident. Parks
and Recreation Director Hayes said that he has been discussing this with the City Manager and
felt they could reduce the fee for the use of the Beech Center for this event, scheduled for July
25, 2009, for $100 for the evening.
the aim tseecn r~ecreaiion t.enLer w ,v ~~~ ~~~ a
to be held on July 25, 2007. Motion carried 5-0
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Robert Frank gave the following report:
Police - Redli~ht Camera Update - On July 8, the first functional redlight camera will be put into
use at Maguire Road and State Road 50. Only warnings will be issued during the first two weeks
of using the camera (7/23/2009). A resolution will need to be brought back to the commission in
order to implement the program and begin issuing fines. City manager anticipates that the
resolution will be presented at the next commission meeting. The ticket for running the red light
will be $120 after July 23`d
Mayor Vandergrift said that more accidents happen at intersections which is the purpose of
using the camera - to deter accidents, not to make money.
Police- Moved into New Office - 646 Ocoee Commerce Parkway. The move went well and the
grand opening is Thursday August 6th at 10:00 a.m.
City Commission Regular
July 7, 2009
Parks & Recreation -July is National Parks & Recreation month. To celebrate, the department
will be hosting the Splish Splash Summer Bash on Saturday July 18th. The event will be held at
the Jim Beech Recreation Center. There will be games, prizes, free hot dogs and swimming
from 11 a.m. to 2 p.m. Admission is free. There will also be a movie by the pool at 8:30 p.m.
The featured film will be Inkheart.
Intern -There will be an intern at the City for the first two weeks in August as part of the Cities
in the Classroom pilot program. Tammy Johnston, a teacher from Ocoee Middle School, will be
joining us to learn about city government. The program is a joint venture between the Bob
Graham Center for Public Service at the University of Florida and the Lou Frey Institute at UCF.
Tammy will be assigned to the city manager's office for two weeks, so do come by meet her.
Tentative Millage Rate -The tentative millage rate for next fiscal year will be brought to the
commission at the next meeting. Work session dates will be set as well. The new rollback rate
will be 5.4974 due to the reduction of assessed values of properties within the city. There was a
$300,000,000 reduction in assessed values. The city manager stated that we're back to the 2005
amount in assessed values.
Sludge Removal Final Cost - As was discussed at the previous meeting and pursuant to
purchasing regulations, the cost of taking the sludge away was $41,035.76.
Changing_the Time of the Next Commission Meeting -The mayor requested that the July 21St
meeting start at 6:00 p.m. because his wife is having surgery. He would like to finish the
meeting earlier so that he can get home to be with her. The City Attorney Rosenthal said that
any previously advertised public hearing would need to be held at 7:15 p.m. The city clerk said
that she would check to see if any hearings had been advertised for 7:15 p.m.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller - 1) thanked the Public Works and Parks & Recreation staff for the
fantastic job they did with the new police department building. On July 22nd to 25th at the
Breakthrough Theater in Winter Park, a teen version of Godspell will be performed. There will
be Ocoee High School students appearing in the performance which starts at 7:00 p.m. The cost
is $10.
Commissioner Johnson - no comments.
Commissioner Wilsen - 1) said there will be a rain barrel workshop at On July 11th from 10
a.m. to 12 p.m. at the community center. To make reservations call 407-905 3159. She noted
that she has a rain barrel, and she highly recommends having one. 2) said Silver Star Road is
being resurfaced which started July 6th. There is a two mile stretch that will be affected from
Richfield Parkway to Ocoee Apopka Highway. City Engineer David Wheeler stated that the
crews will be working from 9 p.m. at night ti116 a.m. in the morning. City is receiving updates
weekly. They are scheduled to have it all done within 80 days. The work is on Silver Star Road,
a short section of Ocoee Apopka that's a state road and a portion of Franklin that is still a state
road. He said that if anyone has questions, they can call him and he'll put them in contact with
the state.
Page 2 of 15
City Commission Regular
July 7, 2009
Commissioner Hood - 1) said the All Stars are starting at the Little League Complex. The
juniors will be starting next week at the Sorenson field. The eleven-year olds will be playing at
Central Park. 2) stated that last night there was an incident across the street from his home, and
the Ocoee Fire Department responded very quickly. Ocoee is very fortunate to have such a
professional police and fire department.
Mayor Vandergrift - 1) said on July 12~' there will be students in town from all over Florida
from UCF and in participation with the Lou Frey Institute. There will be a group brought to
Ocoee to participate in his play "Utopia" and to see how a city runs. The students will be fed
and then will go and see the play.
Commissioner Hood said he would like to congratulate everyone involved for the work on the
police•station and thanked Commissioner Johnson for the foresight to see that could be converted
to a police station because it turned out so well. Commissioner Johnson said he is upset that we
went ahead and bought the other property for 3.4 million that we should not have bought because
it would cost us $10,000 to develop; we could have moved to this State Farm building a year
ago.
F. CONSENT AGENDA
Consent Agenda Vote
Commissioner Johnson, seconded by Commissioner Hood moved to approve
Consent Agenda Items 1-8, except Item 5 which will be pulled and heard
separately. Motion carried 5-0.
1. Approval and Acceptance of the Regular City Commission Minutes of June 16, 2009.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0
Page 3 of 15
City Commission Regular
July 7, 2009
4. a. Approval of Resolution and Local Agency Program Agreement between the City of
Ocoee and the Florida Department of Transportation to Fund the Reconstruction of
Clarke Road between Silver Star Road (SR 438) and Clarcona-Ocoee Road (CR 439).
(City Engineer Wheeler)
The City of Ocoee has been selected as a recipient of $1,675,000 in federal funds for the reconstruction of
Clarke Road north of Silver Star Road as part of the American Recovery and Reinvestment Act of 2009. In
order to receive these funds, the City of Ocoee must provide fmancial support for other aspects of the project,
such as engineering design and construction inspection, and comply with a number of project development and
administration requirements. One of these requirements is to execute a Local Agency Program (LAP)
Agreement, which establishes the relationship between the City and the Florida Department of Transportation
(FDOT), the agency administering the relevant federal-aid program. This Agreement essentially extends to the
City of Ocoee those responsibilities imposed on FDOT by the federal-aid program.
City Attorney Rosenthal read the title of the resolution.
Approved on Consent. Motion carried 5-0
b. Approval of Contract to Award the Work of Designing the Reconstruction of Clarke
Road between Silver Star Road (SR 438) and Clarcona-Ocoee Road (CR 439) to the
Engineering Firm of Dyer, Riddle, Mills, & Precourt, Inc. (DRMP) for anot-to-exceed
fee of $30,175.00. (City Engineer Wheeler)
The City of Ocoee presently has three firms under contract for continuing engineering services. Of these firms,
staff has concluded that Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is best qualified to undertake the work of
developing construction plans and specifications for the work due to their prior experience with Florida DOT
construction requirements, which apply to this project. The Florida DOT must approve all plans and bid
documents for the project before federal-aid funds are committed to the project.
Approved on Consent. Motion carried 5-0
5. Approval for Mowing of Landscape Properties with GroundTek. (Public Works
In the 2007-2008 fiscal year, the City attempted to obtain a cost savings by maintaining the City's landscape
properties only once per month. The once per month frequency did not adequately maintain the City's
properties. The 2008-2009 budget incorporated eighteen cuts per year to provide the additional maintenance
required during the growing season. The budget adequately funds the eighteen cuts per year and approval of
this maintenance frequency will update the existing Ground Tek contract to match the budget.
This item was pulled from the Consent Agenda and discussed separately.
Commissioner Johnson said he pulled this item because he does not feel that we should
contract with a company that sued the City. Public Works Director Krug said the purpose of
this item is to extend through the end of the fiscal year and propose to bring these services in-
house next year. He added that we attempted to reduce the budget last year by going to 12 cuts
that has not been enough. He said this would add approximately $100,000 to the contract and
increase the number of mows and pay for extra mowing that has already been done.
Commissioner Hood said he is concerned with the poor quality of work they are doing. City
Manager Frank said we will propose using City crews starting October 1, 2009 and save
approximately $140,000. Commissioner Johnson and Commissioner Hood asked if we can
use another company. Mr. Krug advised going out to bid will take some time and there are less
than three months left in this fiscal year. City Manager Frank said at budget time last year we
went from 18 cuts to 12 cuts and we have passed that number of cuts due to the excessive rain
we have experienced. He added we could bid it out to give it to a new company, but the process
would probably take a few months; at that point we would be into the new fiscal year and
possibly going in-house. Commissioner Hood said if we pay them more than we contracted,
Page 4 of 15
City Commission Regular
July '7, 2009
who is going to make sure they do their job since they have had performance issues already.
Commissioner Johnson felt it can be made an emergency action like we have done with other
items rather than going through the whole bid process. Commissioner Wilsen said she is
concerned if we let Ground Tek go we will have service. Mr. Krug said the contract that is
being proposed will ensure that we have someone doing the service through September; at that
point we can either take it in house or go out to bid.
Mayor Vandergrift, seconded by Commissioner Johnson, directed staff to bring
back more information at the next meeting. Motion carried 4-1 with
Commissioner Wilsen opposed.
Discussion followed with regard to calling an emergency item. City Attorney Rosenthal said
he would need to review the Code. There was also discussion with bringing mowing services
in-house, which would require adding four employees to the staff and purchasing equipment.
They said that issue will be discussed in more detail at budget time. Commissioner Johnson
added that it is partly our fault for trying to cut the service back to 12 cuts instead of 18.
6. Approval of State Highway Lighting, Maintenance, and Compensation Agreement
Work Order (FY 09/10). (Public Works Director Krug)
The City entered into a contract with the Florida Department of Transportation for lighting maintenance and
compensation on State Highways in August 2002. FDOT is requesting the City execute the renewal of this
contract at $25,736.36. This amount represents a 3% increase from the previous contract period.
Approved on Consent. Motion carried 5-0
7. Approval of Change Order Amendment with Valley Crest for Silver Star Landscaping
Improvement Project. (Public Works Director Krug)
The City entered into the Joint Participation Agreement (JPA) with the FDOT on September 7, 2004, for the
Landscaping Improvements on State Road 438 (Silver Star) from Olympus Drive to Woodhaven Court.
Following a lengthy design and approval process, the City awarded the installation work to Valley Crest on
November 18, 2008. Due to conditions encountered in the field and the consensus to upgrade the sod from
Bahia to St. Augustine, we have solicited the attached revision from Valley Crest to complete the project as
desired. The increase of $42,913.00 brings the total installation cost to $199,921.00. This increased price
remains below the funding limit of the JPA.
Approved on Consent. Motion carried 5-0
LVUy. ~tul1CC 1.111G1 ~;vwaij
$17,773.00 has been made available for the Ocoee Police Department through the Edward Byrne Memorial
Justice Assistance Grant (JAG), which is based on UCR reports. With this money, staff recommends the
purchase of laptop computers including the software and licenses for said computers and the purchase of card
readers used to populate the report fields.
Approved on Consent. Motion carried 5-0
Page 5 of 15
City Commission Regular
July 7, 2009
G. FIRST READING OF ORDINANCE -PUBLIC HEARING
9. First Reading of Ordinance for Rose Hill Phases 2 & 3 -Referendum Annexation.
(Advertised fvr Public Hearing in Orlando Sentinel Legal Classified on Thursday, June 25, 2009. Second
Reading of Ordinance and Public Hearing scheduled for July 21, 2009). (Principal Planner Rumer)
The character of the annexation area is low density residential. The annexation area includes 244 single-family
dwellings, five retention areas, and roadways with sidewalks on both sides of the road. The annexation area is
surrounded by the West Oaks Mall and residential development on the west, residential development on the
north, multi-family residential on the south, residential development and a solid waste transfer station on the
east. The area is accessed by an entrance on White Road and through Rose Hill Phase 1 by an entrance on
Good Homes Road. Based on the recommendations of the DRC and Planning & Zoning Commission, staff
recommends that Honorable Mayor and City Commissioners adopt Ordinance 2009-018, providing for the
annexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as Rose
Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the question of
annexation for the registered electors within the property proposed for annexation; proving for said referendum
to be considered at a special election to be held on September 15, 2009 as a mail ballot election.
City Attorney Rosenthal read the title of Ordinance 2009-018.
Principal Planner Rumor summarized the election process that is to occur. He advised that this
ordinance does not become effective until passed by the referendum election.
Mayor Vandergrift opened the Public Hearing. He acknowledged several members of the Rose
Hill Subdivision who were present in support of the annexation. No one wished to speak; the
Public Hearing was closed.
Principal Planner Rumer announced the second reading of the ordinance and 2°d Public
Hearing will be held on July 21, 2009, at 6:00 p.m. or as soon thereafter as practical.
H. SECOND READING OF ORDINANCE -PUBLIC HEARING
10. Second Reading of Urciinance tcegaramg approva- vi uie t~iucuuCU, .-~~,~~~,ua.~u auu
Restated Ordinance for the City of Ocoee Municipal General Employees' Retirement
Trust Furid. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on Sunday, June 21,
2009). (Human Resources Director Carnicella)
Amendment to the General Employees' Pension Ordinance to include Internal Revenue Code changes and
changes to the Uniformed Services Employment and Reemployment Rights Act, to increase the term length of
the Board of Trustees from two years to four years, to require the two Board Members elected by employees be
vested, and to clarify certain language and consolidate and restate all previous Ordinance amendments of the
Plan into one document.
Human Resources Director Carnicella gave a summary of the changes to this ordinance. He
stated that this ordinance compiles all of the changes that have been made over the years into the
ordinance. He said he plans to meet with the employees and give them a new swYUnary plan
agreement and explain the benefits increases that have occurred over the last several years.
Commissioner Johnson asked why they are expanding the terms for Pension Board Members.
Mr. Carnicella explained that the ordinance is now going to require that board members become
certified and it takes at least three years to do that. There was discussion regarding the ordinance
change for employees that worked for the city before 1992 and then returned to the city for
employment; he stated at this time it only applies to one employee at this time.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak the Public
Hearing was closed.
Page 6 of 15
City Commission Regular
July 7•, 2009
Commissioner Johnson, seconded by Commissioner Keller moved to adopt
Ordinance No. 2009-020, amending and restating in full ordinance 96-19 for the
City of Ocoee Municipal General Employees' Retirement Trust Fund.
I. PU13I.IC HEr~RIN(~S
- 2111
This variance application requests that an existing fence at 2111 Casaba Cove Ave. be allowed to be located 7.6
feet from the side street property line. The fence was constructed in 2003 without a permit. During a recent code
enforcement exercise, it was determined that the owners had not pulled a permit. The property owner is seeking
the variance from 15 feet to 7.6 feet as the first step in the permit process.
Principal Planner Rumer explained the request for a variance with regard to a fence.
Mayor Vandergrift opened the Public Hearing. There being on one wishing to speak, the
Public. Hearing was closed.
Commission clarified that staff and the Board of Adjustment and the Homeowners' Association
supported this variance.
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
variance for the fence at 2111 Casaba Cove Ave. as presented by staff. Motion
carried 5-0.
Variance - 325 Springfoot Court. (Advertised for Public Hearing in Orlando Sentinel
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This variance application requests that a proposed replacement fence at 325 Springfoot Ct. be granted a side
street setback variance from 15 feet to 0 feet. The existing fence located on the property line was approved in
May 2001, under building permit 0006416. The City passed Ordinance 2007-025 in 2007 creating section 5-4.1
in the Land Development Code which grandfathered fences erected prior to January 1, 2000, as legal non-
conforming structures. Grandfathered fences are allowed to be repaired and replaced in the location they were
constructed. The existing fence does not meet the grandfathering criteria as it was permitted in May of 2001.
Principal Planner Rumer explained the request for a variance with regard to a fence.
Mayor Vandergrift opened the Public Hearing. There being on one wishing to speak, the
Public Hearing was closed.
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the
variance for the fence at 325 Springfoot Court as presented by staff. Motion
carried 5-0.
Inn - Prellminary/Final Site Plan. (Advertised for Public Hearing in Orlando Sentinel
The subject parcel is approximately 2.56 acres in size and is located on the south side of Westrun Road. The
proposed Hampton Inn hotel is located on Lot 4 of the West 50 Commercial subdivision. This development will
be the first development in the West 50 Commercial Subdivision, which was approved by the City Commission
on May 15, 2007. The Large-Scale Preliminary/Final Site Plan proposes the construction of a 4 story Hampton
Inn hotel that is 61,489 square feet in area.
Page 7 of 15
City Commission Regular
July 7, 2009
Senior Planner Howell gave a brief description of the property and stated the applicant is
proposing a 4-story Hampton Inn hotel that is 61,489 square feet in area. The hotel has been
designed in accordance with all applicable requirements of the land development code except
those they are seeking waivers from. The applicant has requested three waivers but has justified
all waiver requests by providing an upgraded architectural theme to the building which includes
a stone veneer around the perimeter of the building. The upgrade is above and beyond the
architectural requirement of the land development code. Senior Planner Howell briefly
explained each waiver.
Senior Planner Howell stated that staff recommends approval of the Hampton Inn -
Preliminary/Final Site Plan and the three waiver requests subject to: 1) execution of the
easement/encroachment agreement, 2) receipt of a legal description of the encroachment area,
and 3) Joinder and Consent from the applicants mortgage holder within 60 days or staff will
bring this item back to the City Commission fro approval.
J.D. Alsabbagh, P.E from Sicamore Engineering, representative for the owner, thanked staff for
working with them and inquired if there was any possibility to waive the road impact fees so
they can move the project forward. Commissioner Hood inquired if the waiver of the height
request from 45ft. to 52ft. going to be a problem with the Fire Department. Senior Planner
Howell stated it should not and it was approved in DRC which the Fire Department is a member
of. Commissioner Johnson stated his opinion is that the impact fees will be a problem with
everyone and this is something cities will need to look at because of the economic situation.
Mayor Vandergrift inquired if there was any way they could get half or a portion now and the
rest later. City Attorney Rosenthal stated that when they waive the impact fees it is pursuant to
a specific authorization in the code and it is really not a waiver but an exemption. They have on
occasion waived application fees but our code is very clear on road impact fees. He briefly
explained the code regarding road impact fees and stated there is a procedure in the code which
provides the potential for adjustment and that is if there is a development agreement with respect
to the project, in which they can come up with an alternative schedule, but they need to meet the
criteria of that code. City Attorney Rosenthal explained that for tonight they are not in the
position to even consider the question of waiving the impact fees; however if they wanted staff to
consider that question there will then have to be an evaluation of this project and whether or not
what they are asking does/does not comply with the code. Mayor Vandergrift stated he would
ask staff to look into that and inform the commission if anything can be done or should be done.
Senior Planner Howell stated they do have a procedure for impact fees called the Road Impact
Fee Alternative Fee Calculation -Section 87-5 of the City Code which basically requires the
applicant to submit a traffic study prepared by a professional planner/engineer. It would then
have to come back to the City Commission for approval. Mayor Vandergrift inquired about the
totals for the impact fees. Senior Planner Howell stated the road impact fee was quoted at
approximately $347,000 and the applicant still owes $66,000 in a transportation mitigation
payment that was applicable to the lot in this subdivision. Water and Sewer Fees are calculated
by the Engineering Department so he does not have that calculation. City Attorney Rosenthal
suggested that whether they do or do not what to pursue, the request for the action tonight can be
taken without addressing the subject in the motion and giving them an approval. Then whether
or not they want to address their request he does not believe that there is anything under the code
that would preclude that as a separate matter. City Attorney Rosenthal stated as they look at
Page 8 of 15
City Commission Regular
July 7, 2009
each issue they will notice that every fee has a different rule and set of procedures. He would
suggest that they also look at their bond covenants to make sure they are not breaching it. If the
Commission wants the staff to pursue or explore anything then they should do that as a separate
motion. City Manager Frank stated he agrees with the City Attorney.
The Public Hearing was opened.
Development Services Director Shadrix stated that some of the fees should not be made a part
of this motion and he would recommend that they move forward with the approval pending the
public hearing. This project has been ready to be approved for several months in anticipation of
the developer's executing aneasement /encroachment agreement. The motion before them
would'be contingent upon them executing successfully those documents. Development Services
Director Shadrix stated his recommendation would be that they focus on the transportation
impact fees and exclude the water/sewer capital charges and the development agreement
associated mitigation payment.
The Public Hearing was closed.
Mr. Alsabbagh, briefly stated that the plans have been approved technically since August 2008
when it went before the Planning and Zoning Commission. He stated he would like to what to
see if there is a possibility on the fee waiver so they can save the owner money.
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve staff
recommendations. Motion carried 5-0.
J. REGULAR AGENDA
14. Request for Reduction of Fine and Release of Lien -Code Enforcement Board Case No.
07=161 - 2312 Wickdale Court, Mickey Hage, Real Estate Broker. (Division Chief
Stanley)
On July 31, 2007, Officer Carmen Delgado observed violations of city code on the property located at 2312
Wickdale Court, Ocoee, Florida. The violations observed were failure to maintain a swimming pool. The
occupant was given a Notice of Violation to be in compliance by August 8, 2007. Property was reinspected and
found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on
September 25, 2007. The CEB gave the occupant until October 2, 2007, to come into compliance or receive an
order of fine and lien of $200.00 per day. The property was reinspected on October 3, 2007, found to be in
Non-Compliance. An Affidavit of Compliance was completed on June 22, 2009. On June 22, 2009, a request
for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009, was heard for a
reduction of fine in the amount of $119,600.00. The CEB is recommending the fine be reduced to $500.00.
Division Chief Stanley stated the applicant is requesting a reduction of fine and release of lien
on this case and gave a brief history of the case. Mayor Vandergrift inquired if Item 14 was in
relation to the case in Item 15. Division Chief Stanley explained that both cases were for the
same property; however, Item 14 refers to failure to maintain the swimming pool and Item 15
refers to the lack of lawn maintenance. Commissioner Wilsen commented on them only
imposing fines to cover the cost incurred and believes the applicants should be penalized in
addition to covering city costs. She inquired if that type of discussion should wait until after
hearing all three cases, or should it be discussed now. Commissioner Johnson said he looked
Page 9 of 15
City Commission Regular
July 7, 2009
up 2312 Wickdale Court and the bank took over the property early enough that they could have
taken over the property maintenance and covered that cost. Also, he added that he looked at the
property in Item 16 and the applicant lives in New Jersey and has it as a rental property. He does
not understand why they do all this stuff and then knock the fine down to nothing. Division
Chief Stanley stated that he recommended at the last meeting they well cover the city costs
incurred, as well as a penalty. However, the Code Enforcement Board asks him what the staff
cost is and that is what he provides. Commissioner Wilsen stated, as they continue to see cases
before them of fine reductions, she would like to discuss with the Code Enforcement Board
setting a policy for these fines, such as a minimum amount based on the length of time the fine
was initially imposed. She added that city cost does not send a message and is only reimbursing
the city. Commissioner Keller stated in the past that Commissioner Anderson would suggest
the applicant purchasing speed humps as a penalty, which consequently helped the city.
Commissioner Wilsen said the number of foreclosed homes is growing and the city is going to
be responsible for maintaining more properties; she believes collecting penalties on these cases
can be a way to pay for such maintenance. Commissioner Johnson agreed and suggested
depositing the fines/penalties into a fund specifically established for maintaining these
properties.
Commissioner Johnson, seconded by Commissioner Keller, moved to reduce the
fine and release lien in Code Enforcement Board Case No. 07-161 to $10,000 if
paid within 10 days or it will revert back to the original amount of $119,600.
Motion passed 3-1, with Commissioner Wilsen opposed and Mavor Vandergrift
away from the dais.
Commissioner Wilsen agreed with the penalty, but believes they have put a board in place that
they should support until they set guidelines. Commissioner Johnson said he wants to support
the board in their suggestion, but feels the commission should fine them and let the bank start
taking care of it. He said the bank wants to sell the property so they will charge the penalty to
the buyer and it will get paid. Commissioner Hood agreed that the bank has neglected the
property and should be responsible.
V /-G17 - GJ1G VV 1CKUAIC I.UUi"l~ 1Vlll'KCJ' IIA~C~ L<Cdl L' J1i1LC DI-UllCl. ~iJ1V1J1U11 l.II1Cl
Stanley)
On October 31, 2007, Officer Carmen Delgado observed violations of city code on the property located at 2312
Wickdale Court, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds. The
occupant was given a Notice of Violation to be in compliance by November 9, 2007. Property was reinspected
and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on
November 27, 2007. The CEB gave the occupant until December 7, 2007, to come into compliance or receive
an order of fine and lien of $250.00 per day. The property was reinspected on December 12, 2007, found to be
in Non-Compliance. An Affidavit of Compliance was completed on January 10, 2008. On June 22, 2009, a
request for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009, was heard for a
reduction of fine in the amount of $8,250.00. The CEB is recommending the fine be reduced to $313.00.
Page 10 of 15
Commissioner Johnson, seconded by Commissioner Wilsen, moved to deposit
the money collected into a code enforcement fund to be used to maintain the
properties with code issues. Motion passed 4-0, with the Mavor Vandergrift away
from the dais.
City Commission Regular
July 7, 2009
Division Chief Stanley gave a brief history of the case.
Commissioner Johnson, seconded by Commissioner Hood, moved to reduce the
fine and release the line on Code Enforcement Board Case No. 07-219 to $5,000 to
be paid within 10 days or it will revert back to the original amount of $8,250.
Motion carried 4-0, with Mavor Vandergrift away from the dais.
Discussion ensued regarding the appreciation that commission has for the Code Enforcement
Board and their recommendations; however, they felt a strong need to penalize the violators for
the ongoing issues that are a nuisance to their neighbors and the city.
08-211 - 2754 Alclobe Circle, Ronald Gentile, Real Estate Broker. (Division Chief
Stanley)
On September 24, 2008, Officer Theresa Rodriguez observed violations of city code on the property located at
2754 Alclobe Circle, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds.
The occupant was given a Notice of Violation to be in compliance by October 1, 2008. Property was
renlspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB)
meeting on November 25, 2008. The CEB gave the occupant until December 10, 2008, to come into
compliance or receive an order of fine and lien of $150.00 per day. The property was reinspected on December
11, 2008, found to be in Non-Compliance. An Affidavit of Compliance was completed on March 9, 2009. On
June 22, 2009, a request for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009,
was heard for a reduction of fine in the amount of $13,935.94.00. The CEB is recommending the fine be
reduced to $452.12.
Division Chief Stanley gave a brief history of the case and stated a representative of the
applicant is present to speak to the commission. Ron Gentile, property representative, stated
that the property came into compliance in March 2009, and Freddie Mac took over the property
in May 2009. He added that they begin maintaining the properties within the first week of
acquisition. Commissioner Johnson inquired as to who held the mortgage and owned the
property prior to Freddie Mac taking it over in May 2009. Ron Gentile said that would have
been a servicer, such as Wells Fargo or Bank of America, but he was not sure who.
Commissioner Johnson said that Freddie Mac would have always been the guarantor of the
loan, so they are ultimately just as responsible. Commissioner Hood asked if they could add the
district number and subdivision name in the subject lines for future agenda items. Division
Chief Stanley agreed to do that. Commissioner Johnson said Freddie Mac is doing their best
to take care of the property now, but still feels they should be penalized with some sort of fine.
within 10 days or it will revert back to the original amount of $13,935.94. Motion
carried 3-1, with Commissioner Wilsen opposed and Mavor Vandergrift away from
the dais.
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City Commission Regular
July ?, 2009
Discussion regarding handling of Code Enforcement Liens
Commissioner Wilsen asked if they could plan a meeting with Code Enforcement to discuss
implementing some type of policy so that they can be in sync with each other. Commissioner
Johnson asked Division Chief Stanley if staff could send the Code Enforcement Board a letter
explaining commission's recommendations to penalize the violators. City Manager Frank
stated that the mayor and commission could come up with some guidelines that staff could put
into a letter for the mayor's signature. Commissioners Johnson and Wilsen agreed that such
cases are only going to get worse and there are safety issues concerned, as well as neighborhood
nuisances. Commissioner Keller said they seem to go with about 10% of the original lien
amount and asked if that is what they would like to recommend to the Code Enforcement Board.
City Attorney Rosenthal recommended, before adopting specific guidelines, they have staff do
some research as to what guidelines other jurisdictions have so that they do not get locked into
anything. Commissioner Hood stated he believed it should be a case by case basis. He said
some residents are struggling with financial hardships that have them down on their luck and
should not be hit as hard as financial institutions that have the money to take care of it but just
blatantly ignore it until they are ready to sell the property. Consensus of commission was
to send the minutes of this meeting to the Code Enforcement Board so that they
understand what the commission is looking for.
Commissioner Johnson displayed some pictures of properties with code enforcement
violations. He said one picture was of a house with grass up to the windows that is near a child
care facility. He stated our city ordinance states the city can mow a property when the grass
reaches a certain height and charge them. He asked why this property in the picture has not been
mowed by the city yet. Division Chief Stanley explained Article 115-9 of the Code of
Ordinances, but they have not received due process back yet from the property, which is why it
is going before the Code Enforcement board in July. Commissioner Johnson stated the other
picture shown was of piles of trash dumped along the right of way on Kissimmee Avenue, which
city trucks must see every day when they ride by. He displayed other pictures and discussed
various issues and the need for the city to clean things up. Commissioner Wilsen asked about
the length of time it takes for due process and, in the meantime, the weeds are 6 foot high and
should be mowed. Division Chief Stanley stated their procedure is to give the owners written
notice and 15 days to come into compliance, at which time the city can go and perform the
service and assess the fee to the owner. He is not sure how it applies once the case is with the
Code Enforcement Board. City Attorney Rosenthal stated that the code gives them the actual
cost plus administrative fees, but not penalties, as opposed to the Code Enforcement Board that
gets the fine accruing but does not fix the problem. He would think you could stop the Code
Enforcement proceeding and change over to Article 115-9 to bring the property into compliance
and would dismiss the case. Commissioner Wilsen stated that would bring the case into
compliance so asked if it would be better to go through all the steps and then have the city mow
it. Commissioner Johnson said that is a case by case issue; for instance, the first photo shown
of high grass is beside a child care facility, so that could be a safety concern. Commissioner
Keller asked how they could handle so many more homes that have these types of violations.
Commissioner Hood said they have just established a fund to maintain these properties by
hiring an independent agency. Commissioner Keller said if they mow all of the properties and
bring them into compliance, then they would not be receiving fines from foreclosures and would
Page 12 of 15
City Commission Regular
July 7, 2009
not replenish the fund they created. City Attorney Rosenthal read the code and discovered that
there is an administrative penalty included in that. He stated they could potentially beef up the
administrative penalty portion of that code, but cautioned them that they do not always collect on
liens that go into foreclosure. Commissioner Hood said they could push it onto the HOA's to
handle. Commissioner Keller said that could be a legal issue more for HOA's than it is for the
city so that may not work. Division Chief Stanley announced that Forestbrooke HOA is
currently working with the city to come up with an agreement to help each other maintain those
vacant properties. Commissioner Hood said students are required to do volunteer work and
maybe they could work with them for community service hours.
Mayor Vandergrift read a letter received from Martha Lopez-Anderson thanking the city for
handling the maintenance of a foreclosed property on her road, Alclobe Circle, which had been
bad for a very long time.
17. Re-Discussion of Tiger Minor Park Tennis Court Concept Plan at Request of
Commissioner Wilsen. (Parks and Recreation Director Hayes)
On June 2, 2009, staff presented a master plan for the redevelopment of Tiger Minor Park that included the
expansion of the tennis facilities in that park. At this meeting a general discussion ensued regarding the
recreational needs of the community and the development of parkland, it was felt that there was a need for a
community survey and staff was directed to come up with a plan. The City Commission at its June 16, 2009,
meeting requested staff to bring back the master plan for Tiger Minor Park for clarification on the direction the
City Commission desired staff to pursue. In addition to this, the City Commission requested information on the
costs to repair the existing tennis courts at Tiger Minor Park and Vignetti Park. These costs are estimated at
$25,000 to $30,000 for Tiger Minor Park and $17,500 to $20,000 for Vignetti Park.
Commissioner Wilsen explained that she would like to make a motion to except the conceptual
plan that was previously presented to them by the Parks and Recreation Department for the Tiger
Minor Park Tennis Court upgrade.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
conceptual plan presented to the Commission by the Parks and Recreation
Department for the Tiger Minor Park Tennis Court upgrade.
Commissioner Wilsen briefly expressed her feelings and stated she believes that they need to
move forward. She stated Tiger Minor Park needs to be made a park and she feels they should
accept the conceptual plans and stop mending every park. Commissioner Johnson stated this
conceptual plan can not happen unless they approve a bond issue. Commissioner Wilsen stated
that it is before them to accept the conceptual plan and if they need a bond issue they can get that
once they move ahead. Mayor Vandergrift inquired if staff looked at the cost to fix the courts
in the parks. Parks and Recreation Director Hayes stated it was in the staff report. He briefly
explained to repair courts at Tiger Minor Park would cost $25,000-$30,000 to repair the courts at
Vignetti Park would be $20,000, and to repair the courts at Parkside would be $8,000-$9,000.
He further stated the cost to put the six courts at Tiger Minor Park was estimated at $600,000 and
the funding sources would be brought back to the City Commission. Commissioner Hood
inquired if they had the monies to resurface the current tennis courts at Tiger Minor Park and
Vignetti Park. Parks and Recreation Director Hayes stated they do and the cost for that would
be about $50,000. He further stated they can make repair to the courts but they are relatively old
and the cracking is severe and will reappear. Mayor Vandergrift inquired as to what guarantee
Page 13 of 15
City Commission Regular
July 7, 2009
do they have that the new courts will not crack as well. Parks and Recreation Hayes stated he
is not sure what the base material would be but a lot of the cracks on the existing court are
structural which means there is some movement underneath the court that is creating the
cracking.
After a brief discussion, motion on the conceptual plan carried 3-2 with
Commissioner Johnson and Mavor Vanderarift opposing.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
park repairs of $25,000-$30,000 for Tiger Minor Park, $17,500-$20,000 for Vignetti
Park,~and $9,000-$10,000 for Park Side. Motion carried 5-0.
Entrance Sign to the Firm of American Persian Engineers & Constructors, Inc. far the
Amount of $9,750.00, to Award the Work of Installing Electrical Facilities Associated
with that Sign and to provide Code-Compliant Electrical Service to the Founders' Day
stage to the Firm of Bright Future Electric in the Amount of $6,300.00. (City Engineer
Wheeler)
The main stage used for Founders' Day events has traditionally been connected to electric power services
through the use of temporary wiring for lighting and sound. However, these temporary connections do not
provide the level of public safety suitable for such a large event. With the increased size of the VIP food tent
and seating area, which will be under a 30 ft. by 50 ft. tent this year, it has become imperative that a permanent
wiring solution be deployed. Engineering Division staff, working with the Parks & Recreation Department, the
Building Division, and other City staff, has devised a permanent solution that will reconstruct the wiring within
the eastern portion of Bill Breeze Park so as to meet the needs of Founders' Day and comply with the Florida
Building Code. In addition, the proposed work will reduce the number of power meters, power poles, and
overhead power lines in the area, thereby lowering the cost of electric power service. One element of the design
is construction of a permanent park entrance sign near the intersection of Lakeshore Dr. and Oakland Ave. The
design of this sign will set the standard for other improvements to City facilities in the area. Electrical panels
for connecting power to the main stage will be mounted to the back of the sign. Part of the electrical work is to
be ready to switch City facilities to underground power on this block of Oakland Avenue.
CIP Manager Butler explained the project and stated the need to bring the electrical into code
compliance. He said they received multiple quotes and satisfied purchasing requirements. He
said that they plan place matching signs in other locations and a water fountain to carry on the
design theme that will be in next year's budget. Discussion followed. Commissioner Wilsen
stated she would like to see this money come from another funding source other than the tennis
courts. City Manager Frank said there was money in contingency to fund the project.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
award of the Installation and Electrical Facilities Associated with the Sian in the
amount of $9750 00 and to provide Code Compliant Electrical Service to the
Founders' Day stage to the Firm of Bright Future Electric in the amount of $6,300.
Motion carried 4-1 with Mavor Vanderarift opposed.
Page 14 of 15
City Commission Regular
July 7, 2009
19. Discussion on Maguire House Roof and Air Conditioning. (Mayor Vandergrift)
Mayor Vandergrift said we need this roof and air conditioning completed by the end of this
month. He said hurricane season is here and the blue tarp that was protecting the roof blew off in
the last storm. Public Works Director Krug said that the roof and air conditioning projects
need to be done at the same time because the air conditioner is in the attic and needs to be done
while the roof is off. He estimated the cedar shake shingle roof to cost approximately $40,000
and the air conditioning repair approximately $20,000. City Manager Frank added that there are
alternate architectural asphalt shingles that would probably cost about half as much, but that
would be up to the Commission to decide.
Consensus of the Commission was that information should be brought to the
next meetinu back with exact costs for the roof repairs (wood shaker vs. asphalt
architectural) and air conditioning replacement and to include the funding
mechanism.
K. STAFF ACTION ITEMS -none
L. COMMENTS FROM COMMISSIONERS
commissioner Keller -none
Commissioner Johnson 1) said if we sell the ladder truck for the fire department he would like
to propose that we place the money in a fund for ambulances/transportation vehicles.
Commissioner Keller said he understood there are two vehicles that we are selling and he
believes if we purchase a transportation vehicle and do our own medical transportation. There
was discussion with regard to the billing process.
Commissioner Johnson, seconded by Commissioner Wilsen moved to place the
money aside from the sale of the ladder truck and designate the money for the
purchase of a transportation vehicle. Motion carried 4-1 with Mayor Vandergrift
opposed.
Commissioner Wilsen 1) said at the June 2°d meeting she was asked to look into the No Wake
issue on Lake Prima vista. She is planning to hold a town meeting on August 10, 2009 at 7:00
p.m. and will advertise it in the water bill, Ocoee TV, and any other forms of media available.
ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
Attest:
Beth Eikenberry, City Cle
APPROVED:
City of Ocoee
~.
S. Scott Vandergrift, Ma r
Page 15 of 15