11-17-09MINUTES
OCOEE CITY COMMISSION
November 17, 2009, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
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 Hood. 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
Presentation by Human Relations Diversity Board. Chairman Maxwell gave a presentation
of the mission and purpose of the Human Relations Diversity Board and outlined some of the
events that this board sponsors. Mr. Maxwell stated the Board is allowed to have between 7 and
15 members and at this time there are only 7; he urged residents to apply for the board and
become an active member of their community.
Presentation -Coaches from Ocoee Bulldogs Senior Midgets (Steve Harnisfeger) and
Junior Midgets (Johnny Hurst) gave an overview of the accomplishments of their teams and
introduced the players. Both teams, as well as the bulldog cheerleaders, are competing in
regional championships at this time.
Danyel Hancock, Commissioner of Ocoee Bulldogs said he is proud that these Ocoee teams are
competing at the regional level and said he is confident they can make history and become the
Superbowl champs. He asked the City if they could help them out to offset some of the costs of
lodging and travel.
Manor Vandergrift, seconded by Commissioner Hood, moved to grant the Ocoee
Bulldogs teams $1000 for travel expenditures to play in regional playoffs. No
vote at this time due to subsequent discussion/amendment.
Commissioner Johnson asked Mr. Hancock what their actual cost is. He stated it is between
$100 and $125 per child and there are approximately 50 kids on the two teams.
Commissioner Johnson, seconded by Commissioner Hood, moved to add
another $1000 to the grant for a total of $2000. Motion carried 5-0.
Vote was taken on the original motion, as amended. Motion carried 4-1, with
Commissioner Wilsen opposed.
C. COMMENTS FROM CITIZENS/PUBLIC
Chad Shafer -spouse of former Ocoee employee discussed the recent transfer of police
communications from Ocoee to Apopka. He stated at the time the Commission made the
decision they were told by Chief Brown that 6-10 positions would be open in Apopka and as of
now none of the former Ocoee dispatchers have been hired by Apopka. He questioned the city's
City Commission Regular
November 17, 2009
motivation to give away money to ball teams when they have cut their own employees due to
budgetary issues.
Commissioner Johnson said he talked to Apopka; they advised they tried to hire two of our
employees; the first one did not show up for work. He also stated that another dispatcher was
hired back by the City Ocoee in a different position and he expects that will happen with more of
them. He added that giving money to the youth in this city is an investment in our community
and puts money back in the hands of those who pay the taxes. Commissioner Johnson and
Mayor Vandergrift said they have been staying on top of this issue because they would love to
see every dispatcher get a job in Apopka or back in Ocoee.
City Manager Frank said he has made it clear to all departments, that if they can give an
opening to a dispatcher, they should do that.
Mayor Vandergrift said that they were not trying to deceive anyone; it just unfolded differently
than they thought it would. He asked Mr. Shafer to send the information to the City Manager
and we will see what can be done.
D. STAFF REPORTS AND AGENDA REVIEW
City Manger Frank stated that Agenda Item # 5 on the Consent Agenda has a typographical
error. The total costs of the mediation for Parcel #102 would come to $77,500, not the $177,500
that was stated in the staff report.
City Manager Frank stated they received a notice from FDOT that they can precede with the
Clarke Road Reconstruction Project for the $1.6 million dollars in stimulus funds.
City Manager Frank announced that they will have the Annual Lighting Contest and all entries
must be submitted to the Parks and Recreation Department at the Beech Center by Friday,
December 11th and judging will take place on December 14th and 15`h. Four categories are:
Single Family Residences Townhomes/Duplexes/Apartments, Businesses, and Energy Efficient
Lighting. Top entries will receive a $50 gift card. He further announced on December 5th at 10
am the City will be hosting the Annual Christmas Parade. Parade starts on MaguireBowness
Road, goes down Franklin and McKey, before ending at Bluford Ave. and Oakland. If interested
in entering a float in the parade please visit the City's website for additional info. The City's
Winter Wonderland will take place on Saturday, December 12th at the Beech Center at 6:30 p.m.
Activities for children, holiday cafe, and Santa will all be available. The activities will wind
down at 8:30 p.m. with the showing of the movie Polar Express in 3D. Admission is free but
they are asking for anon-perishable food item which will be donated to the West Orange
Christian Service Center.
City Manger Frank announced that Carlos Angeleros is our Community Affairs Officer and
will be present for all future meetings to address any law enforcement related questions or
anything police related.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood 1) announced Ocoee Varsity Football Team will be playing at the
Showalter Field in Winter Park this Thursday night at 7 p.m. against Cypress Creek. 2) thanked
MaryAnne Swickerwrath for 30 Years of Service with the West Orange Times and to the Ocoee
Community. Mayor and Commission agreed she would be a great member of the HRDB board.
3) stated that they gave the money to the Bulldogs by weighing the pros and cons, you have to be
here for the budget sessions because many people want to speak about the budget but do not
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November 17, 2009
realize what they go through to work the budget. Further said he has also been staying on top of
the dispatch transfer situation, it is not a closed issue but there is a 5 year contract at this time. 4)
reminded everyone not to forget the Bulldogs game in Jacksonville this weekend for the regional
championship. 5) wished everyone a Happy Thanksgiving and safe travels if they are going away
for the holiday.
Commissioner Wilson 1) said the dates for Operation Santa are December 8, 9, 11, 14, and 15.
They will be collecting unwrapped toys for kids in need. Information will be posted this Friday
or you can call the Ocoee Fire Department at 407-905-3140. 2) said House Blend Cafe is having
a Thanksgiving event for those needing haircuts and showers between 1 pm-4pm and dinner will
be served from 5:30 - 8:00 pm. 3) read a letter from Rose Hill Phase 3 thanking the City for the
way they handled the annexation process and the pride that staff and elected officials show for
their city. Commissioner Wilsen again welcomed them into our community.
Commissioner Johnson 1) praised resident Maryanne Swickerath for her 30 years of service
with West Orange Times and said it has been a pleasure doing business with her over all of these
years. Consensus of the Commission was that the Commission recounize her with
a certificate of appreciation.
Commissioner Keller 1) Ocoee High School Chorus event on December 4, 1009 at 7:00 p.m. 2)
Ocoee High School Drama, Murder at cafe Noir, December 19-21, 2009; need to get tickets in
advance because it is a dinner show.
Mayor Vandergrift 1) discussed how well the Ocoee Bulldogs have been doing 2) announced
that the Ocoee Christmas Parade is coming up on December 5, 2009 at 10:00 a.m. 3) gave notice
of the School board Meeting on November 17, 2009; Election of school board chairman is
coming up, it will be the last one that is not elected by residents 4) announced an upcoming
workshop meeting at Florida Turnpike Administrative Headquarters discussing toll rates, etc., 5)
said he will be at a school teaching about local government tomorrow for the teach-in 6) said
Harry P. Leu Gardens having an event this November 18, 2009, 6:30 - 8:30 p.m. and gave a
summary of the talent that will be present 7) said the High School football team is playing
Thursday night against Cypress Creek 8) added to Commissioner Wilsen's comments that the
House Blend Cafe is also having dinners every Friday in November for $2.99. If you can afford
pay full price, the additional will help pay for others to eat for $2.99. 9) Winter Garden is
holding the 8`" Annual Art Show from 10:00 a.m. to 6:00 p.m. November 21, 2009. 10) said
Studio 6 Pottery is doing several things on November 26 & 27, 2009, see the Gazette for details,
11) Food for Families will be organized again this year at the Ocoee High School Cafeteria;
volunteers are asked to come Thanksgiving Eve to sort and box meals for families which will be
delivered on Thanksgiving Day, 12) City of Ocoee employees are making Thanksgiving Day
baskets for those in need that will be distributed through the Christian Service Center.
Commissioner Wilsen said the Christian Service Center is very appreciative to the City of
Ocoee for all of the food and cans that are collected at various city events.
Mayor Vandergrift After Item #9, the Mayor added the announcement that he had been
coordinating with Community Relations Manager Wright to have a small band/chorus from
Ocoee High School or Ocoee Middle school perform some Christmas Music before the next
regular Commission meeting.
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November 17, 2009
F. CONSENT AGENDA
Commissioner Keller, seconded by Commission Hood, moved to approve Items
#1 through #7 on the Consent Agenda as presented by staff. Motion carried 5-0.
1. Approval of the Regular City Commission and Executive Session Minutes held on
November 3, 2009. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Appointment to the Human Relations Diversity Board (HRDB). (City Clerk
Eikenberry)
Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations
Diversity Board has six (6) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. One application was received from Dr. Alex Roa with an interest in serving on the
board.
Approved on Consent. Motion carried 5-0.
3. Appointment to the Police Infraction Hearing Board. (City Clerk Eikenberry)
Pursuant to Section 168.8 (C) of the Ocoee Code of Ordinances: Each member of the City Commission shall
appoint a member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the
City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police
Department. The Chief of Police shall provide the City Commission with his recommendation as to the
appointees from the Citizens Advisory Council of the Ocoee Police Department. If a member of the Hearing
Board who is appointed from the membership of the Citizens Advisory Council of the Ocoee Police Department
ceases to be a member of the Citizens Advisory Council of the Ocoee Police Department, then such person shall
also cease to be a member of the Hearing Board. Members of the Hearing Board shall serve two-year terms;
provided, however, that the initial members of the Hearing Board appointed by each City Commissioner shall
serve a term of one year. Matt Garland, member of the Police Infraction Hearing Board representing District
One, has resigned his position due to military deployment. District One Commissioner Hood would like to
recommend the appointment of Jonathan Frye to serve the remainder of his term.
Approved on Consent. Motion carried 5-0.
4. Reannointment to the Police Officers'/Firefi~hters' Retirement Trust Fund Board of
Trustees. (City Clerk Eikenberry)
Each member of the Police Officer's and Firefighter's Retirement Trust Fund Board of Trustees, as amended in
Ordinance 2002-013, serves atwo-year term. The City Commission appoints two of the trustees from
applications received, two are elected from the employee body (one police officer and one firefighter), and the
fifth trustee is chosen by those four trustees and presented to the City commission for certification of the
appointment as a ministerial act. Trustee Charlie Brown has indicated he is willing to serve another term if
appointed. Additionally, the second City Commission appointed position remains vacant due to the resignation
of Nora Gledich, and no applications are on file at this time.
Approved on Consent. Motion carried 5-0.
5. Approval of City of Ocoee v. Lakendon, et al.: Parcel 102 -Lakendon, Inc. Mediated
Settlement. (Assistant City Attorney Solik)
Request for approval of mediated settlement agreement in case of City of Ocoee v. Lakendon, et al., Parcel 102,
Lakendon. This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road
Phase V project.
Approved on Consent. Motion carried 5-0.
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November 17, 2009
6. CDBG Project Agreement for Pioneer Key I Mobile Home Park Reconstruction.
(Project Manager Butler)
The City of Ocoee applied for and was awarded a total of $1.2 million to undertake a public infrastructure
reconstruction project in the Pioneer Key I Mobile Home Park under the Orange County Community
Development Block Grant (CDBG) program, a federally funded initiative. Proposed improvements include
upgrades to roads, stormwater management, potable water service, and sanitary sewer utilities. Construction
plans are presently being prepared by Inwood Engineering at City expense, as were plans for other project
components, such as reconstructing Lift Station 22 and connecting the Pioneer Key I storm sewer system to the
recently constructed Pioneer Key Regional Stormwater Treatment Pond. Orange County has asked the City to
be responsible for bidding the work and providing progress payments to the selected contractor as work is
accomplished. Orange County will reimburse the City as payments are made. Having the City shoulder front-
line responsibilities for design, procurement, and construction provides the greatest chance for success. The
City Engineer recommends that the City Commission authorize the Mayor and City Clerk to execute the Project
Agreement as the most efficient way for the City to make improvements to this area.
Approved on Consent. Motion carried 5-0.
7. Approval to Amend the Lift Station 7 and SR 50 Force Main Relocation Project
Inspection Contract with DRMP, Inc., to Extend the Period of Service by an Additional
200 Hours, Resulting in an Additional Fee of $12,400.00. (Project Manager Butler)
The construction phase of the project during which DRMP is to provide inspection services is nearing
completion. Due to changes to the scope of the project, the construction phase has extended longer than
expected and additional inspection hours are required to complete the work. In response to the City's request
for the period of inspection to be expanded, DRMP has provided a supplemental proposal in the amount of
$12,400.00 for 200 additional hours of work.
Approved on Consent. Motion carried 5-0.
G. FIRST READING OF ORDINANCE
8. Ocoee Town Shops. (Second Reading and Public Hearing scheduled for December 1, 2009, Regular
Commission Meeting at 7: IS p.m. or soon thereafter). (Principal Planner Fabre)
The subject site is approximately 3.38 acres in size and is located on the northwest corner of Clarke Road and
W. Colonic Drive (SR 50). The property is currently zoned Professional Offices & Services (P-S) with a Future
Land Use designation of "Professional Offices & Services" which allows for a Floor Area Ratio of 3.0. The
subject property is currently vacant, undeveloped and heavily wooded.
a. Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read the title of the Comprehensive Plan Amendment Ordinance.
Mayor Vandergrift announced the Second Reading and Public Hearing will be held on
December 1, 2009, at 7:15 p.m. or as soon thereafter as practical.
City Attorney Rosenthal read the title of the rezoning Ordinance.
Mayor Vandergrift announced the Second Reading and Public Hearing will be held on
December 1, 2009, at 7:15 p.m. or as soon thereafter as practical.
Acknowledgement: Mayor Vandergrift acknowledged Maitland Mayor Doug Kinson; and added that
all Orange County Mayors were invited to a Magic basketball game last night where they signed an
Orange County Armed Forces Community Covenant recognizing what the military does for us. He read
the plaque that was dedicated to the servicemen and women. He added that it was an exciting game and
the Magic pulled it out at the last minute.
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9. Shoppes at the Village. (Second Reading and Public Hearing scheduled for Decemberl, 2009, Regular
Commission Meeting at 7:1 S p. m. or soon thereafter). (Principal P1aIIner Fabre)
The Shoppes at the Village property is located on the northwest corner of Silver Star Road and Bluford Avenue.
The subject property physical address is 300 North Bluford Avenue. The subject site is approximately 0.91
acres in size and is zoned R-lAA (Single-Family Dwelling). The property is currently vacant, undeveloped and
moderately covered with a mixture of Maple, Cedar, China Berry and Oak trees.
a. Small Scale Comprehensive Plan Amendment
City Attorney Rosenthal read the title of the Comprehensive Plan Amendment Ordinance.
Mayor Vandergrift announced the Second Reading and Public Hearing will be held on
December 1, 2009, at 7:15 p.m. or as soon thereafter as practical.
b. Rezoning
City Attorney Rosenthal read the title of the rezoning Ordinance.
Mayor Vandergrift announced the Second Reading and Public Hearing will be held on
December 1, 2009, at 7:15 p.m. or as soon thereafter as practical.
10. Ordinance Regarding Referendum Charter Changes. (Second Reading and Public Hearing
scheduled for December 1, 2009, Regular Commission Meeting at 7:15 p. m. or soon thereafter). (City
Clerk Eikenberry)
Section C68 of the City Charter states: Any proposed Charter amendments accepted by the City Commission
shall be adopted by ordinance and submitted to the electors of the city for consideration no later than the next
general municipal election or at a special election called by the City Commission for such purposes.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Vandergrift announced the Second Reading and Public Hearing will be held on
December 1, 2009, at 7:15 p.m. or as soon thereafter as practical.
H. REGULAR AGENDA
11. Approval of Reduction of Fine for Code Enforcement Board Case No. 09-029 - 804
Center Street. (Fire Chief Firstner)
On February 2, 2009, Code Enforcement Officer Bob Siegrist observed the violations of excessive weed or
grass growth (Ordinance 115-5) at 804 Center Street. The property was reinspected by Ofc Siegrist on April 8,
2009, and was found to be in non-compliance. On April 28, 2009, the Code Enforcement Board issued an
Order Imposing Fine/Lien. The property was found to be in compliance as of August 6, 2009. The city has
been advised that the home is in foreclosure and is being managed by Beaulieu Realty LLC. The total fine due
is $18,150.00. The Code Enforcement Board has recommended that the fine be reduced to $635.00.
Division Chief Stanley explained the case for 804 Center Street. He stated that the bank and
property manager have taken it over since July and have kept the property in compliance. The
Code Enforcement Board recommends the lien be reduced to staff costs of $635.00.
Commissioner Hood clarified that the management company had taken it over on June 30th and
kept the property in compliance since that time. Kathleen Bolier, Real Estate Broker hired by
the bank to market the property, said the property was in foreclosure and the notice of violation
was sent to the owner therefore the bank had no idea there was a lien on this property or that they
needed to call for re-inspection. She said the property has been well-maintained since they took
it over June 30, 2009.
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City Commission Regular
November 17, 2009
Commissioner Wilsen said she is not in favor of the lien being reduced to just cost. She feels as
though something needs to be done about these abandoned properties because the neighborhoods
have to live with the eyesore. Commissioner Johnson agreed that the bank knew the
foreclosure was coming, they hold the mortgage, and they should not let them get into this state
of disrepair.
amendments.
m
Commissioner Hood added that banks have been ignoring liens until they are ready to sell. He
is sympathetic to the owners and the buyers, but not to the bank. He said he believes the bank
should have to pay at least half of the lien.
Commissioner Hood, seconded by Commissioner Johnson, moved to amend the
motion to change the amount to $9,000. Amendment failed 2-3, with Mayor
Vandergrift, Commissioner Keller, and Commissioner Wilsen opposed.
Commissioner Keller and Commissioner Wilsen felt $9,000 was too high in this case because
the bank and management company have kept the property in compliance since they gained
access to it and a lien that high may prohibit a sale of the property. There was discussion about
the appropriate fine for this case.
Commissioner Keller, seconded by Commissioner Hood, moved to amend the
motion to change the amount to $2,500. Motion carried 5-0.
Vote on original motion, as amended to $2,500 payable within 30 days. Motion
carried 5-0.
12. Approval of Reduction of Fine for Code Enforcement Board Case No. 04-035 - 2002
Nancy Ann Terrace/Code Enforcement Reduction of Fine. (Fire Chief Firstner)
On July 1, 2004, Code Enforcement Officer Bob Siegrist observed the violations of overgrown trees in front
yard blocking sidewalk, one dead tree in side yard and weeds/grass over 10"at 2002 Nancy Ann Terrace. The
property was reinspected by Ofc Siegrist on September I5, 2004, and was found to be in non-compliance. On
September 28, 2004, the Code Enforcement Board issued an Order Imposing Fine/L,ien. The property was found
to be in compliance as of October 13, 2009. The total fine due is $185,400.00. The Code Enforcement Board
has recommended that the fine be reduced to $750.00.
Division Chief Stanley explained the case for 2002 Nancy Ann Terrace. He stated this case was
originally heard by the board in 2004, no call for compliance re-inspection had been made, when
Officer Siegrist followed up on this case in October 13, 2009 he found the property was in
compliance.
Commissioner Wilsen confirmed that owner Fred Coleman received and signed for the Notice
of Violation on August 16, 2004.
Property Owner Fred Coleman said he brought his property into compliance and called the
Code Enforcement Office back in 2004 and never heard anything else until one month ago. He
stated he did not know there was a lien on his property. He could not recall when he brought it
into compliance or what the violations were because it was so long ago. Mr. Stanley said that no
one in Code Enforcement received a phone call that the property was ready for re-inspection.
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City Commission Regular
November 17, 2009
Commissioner Johnson, seconded by Commissioner Hood, moved to reduce the
fine to $750.00 payable over three months.
Commissioner Wilsen said she is not in favor of going less than $1000 because she does not
want to send out the message that if people ignore their fines we will reduce them to staff costs.
Commissioner Keller agreed and felt it should be at least $1000 even if he has to pay over a
longer period of time.
Commissioner Wilsen, seconded by Commissioner Keller, amended the motion to
permanently reduce the lien to $1000 payable over a four month period.
Mayor Vandergrift stated that the owner has expressed that he will not be able to pay it so there
should be an interest rate applied for incentive to pay it off or to obtain a higher amount at the
time the property is sold.
BREAK 9:29 - 9:37 p.m.
Commissioner Hood, seconded by Commissioner Keller moved to amend the
amendment to the motion to keep the fine $1000 but allow twelve months to pay it
off.
City Attorney Rosenthal stated that the twelve months time would be irrelevant if the fine is
permanently reduced to $1000 no matter when they paid. He said the Mayor's suggestion that it
would start to accrue some percentage of interest if it is not paid in twelve months would add
some incentive to get it paid.
Mayor Vandergrift moved to amend the amendment to the amendment to include
a 5% per annum increase added to the unpaid portion of the fine if it is not paid
within the twelve months Motion carried 4-1, with Commissioner Keller opposed.
Vote on the amendment to the amendment to permanently reduce it to $1000 over
a 12 month period. Motion carried 5-0.
Vote on original motion, with amendments which include that the lien wil_I be
$1000 over 12 months; if there is any portion unpaid after the twelve month
period it will accrue at a 5% per annum increase. Motion carried 5-0.
13. Approval of Extension of Development Services Software Program. (Development
Services Director Shadrix)
Craig Shadrix, Development Services Director, requested an extension on the contract deadline
from September 17, 2009 to February 28, 2010 in order to implement some additional items into
the system at no additional cost.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
contract extension.
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City Commission Regular
November 17, 2009
Mr. Shadrix introduced Dr. Ronald Eaglin and David Loeb, Clear Village Software, Inc. and
discussed the full-service online building permit program that is being developed. He said he
would be happy to demonstrate the system to any Commissioners that would like to schedule
time with him.
Motion carried 5-0.
I. STAFF ACTION ITEMS -None
J. COMMENTS FROM COMMISSIONERS
Mayor Vandergrift 1) announced that December 2°d at 7 p.m. at UCF they will be having a
Light Up UCF Night. They have asked for various Mayors in the community to help light up the
event and he chose December 2°d. Information can be found in his gazette.
Commissioner Hood 1) announced Ocoee Bulldogs will be playing at Jacksonville this
weekend. 2) Ocoee High School Football team will be playing this Thursday at 7 p.m. at
Showalter Field in Winter Park against Cypress Creek. 3) wished everyone a safe Thanksgiving
Holiday.
Commissioner Wilsen- thanked the Commission and staff for helping her in her learning
experience with being a newly appointed Commissioner.
Commissioner Johnson 1) inquired about golf carts in the community like Winter Garden
allows in 25 mph limits. City Manager Frank stated staff is currently doing some research on
this. 2) inquired about a speed bump in the second entrance into the Sleepy Harbour
subdivision. Commissioner Wilsen stated she will get an application to the person who wants
to start the process.
Commissioner Kellerl) wished everyone a Happy Thanksgiving. 2) reminded everyone that
this weekend at Ocoee High School is the performance Murder at Cafe Noir.
Mayor Vandergrift 1) reminded everyone to get involved with the Food for Families during this
Thanksgiving Holiday and to read his gazette.
ADJOURNMENT
Meeting adjourned at 9:48 p.m.
Attest:
Bet ikenberry, City Clerk
APPROVED:
City of Ocoee
~ ~.
S. Scott Vandergrift, Mayo
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