03-15-11 MINUTES
OCOEE CITY COMMISSION
MARCH 15, 2011, 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, led by Commissioner Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson (absent) and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Kathy Salerno, Outreach & Education Coordinator to the Florida's Chief Financial Officer
(CFO) Jeff Atwater, gave a brief overview of the many tasks and programs that CFO Atwater
regulates within their offices.
C. COMMENTS FROM CITIZENS/PUBLIC
Randy Felser, District Manager with Kangaroo Express, stated he is before the Commission
tonight because his community store in Ocoee received a citation for their propane stations being
outside. He was given two weeks to either remove the propane station or screen it. He stated he
contacted the City regarding when the ordinance he violated was adopted and he was not able to
be given an adoption date of the ordinance that regulates this. He stated his several businesses in
Ocoee have had vending machines and propane in front of the stores for many years so he was
wondering if they would be grandfathered in. Mr. Felser stated he is seeking clarification on the
ordinance or an extension so he can resolve this matter. Deputy Fire Chief Stanley stated he is
aware of the citation that Mr. Felser received but can not reference the exact adoption of the
ordinance. He further stated he can speak with Mr. Felser regarding getting an extension so he
can be given the information he needs to assist in correcting the code violation. Mayor
Vandergrift stated, without objection, he would like staff to meet with the
respondent and offer him an extension to get this matter corrected.
Commissioner Hood said he would like to see the propane tanks covered up, even if we choose
to grant an extension.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank
1)stated on the dais before them is an amended Item #4 which he would like to have pulled from
the consent agenda for additional comments they will need to share with the Commission prior to
voting on that item.
2) stated there is a memo on the dais regarding Colony Plaza and deferred to City Attorney
Rosenthal
City Commission Regular
March 15, 2011
Colony Plaza- FDIC Conveyance of Three Units to the City Of Ocoee
City Attorney Rosenthal stated that today he received a call from Mary Beth Massingill, a
representative of the FDIC, who is the owner of 3 units at the Colony Plaza after taking over the
Guarantee Bank of Tallahassee. Ms. Massingill is looking to offer to convey the FDIC units to
Ocoee and pay back the taxes in consideration for Ocoee releasing FDIC from any obligation
under the Demolition Lien with respect to their ownership of the units. Ms. Massingill would
still need to get this approved by her superiors at FDIC.
The City is currently working with Representative Nelson's office on a legislative change and
one of the requirements to enact such change is that Ocoee own at least one unit. The FDIC
proposal would appear to be a good opportunity for the City to acquire (for the first) an
ownership interest in the Colony Plaza. Providing partial releases in exchange for the
conveyance of a unit would not adversely impact the ability for the City to pursue the full
amount of the lien against others. City Attorney Rosenthal stated his recommendation would
be that the City Commission accept the proposal of the FDIC, authorize release of FDIC from
any indebtedness associated with the demolition lien without reducing the total amount of the
indebtedness thereunder, and authorize the Mayor and City Clerk to execute such documents as
may be necessary to accomplish the foregoing, subject to the review and approval of the City
Attorney.
Mayor Vandergrift stated his understanding is that they would be paying their taxes to current.
City Attorney Rosenthal stated affirmatively and also added that the amount is not known at
this moment but Ms. Massingill will be contacting the tax collector's office. He further stated it
is not a very large amount but if the owner did not pay the taxes to current they would not accept
the unit because they can not accept property that is subject to a tax lien.
Commissioner Keller, seconded by Commissioner Hood, moved to accept the
proposal of the FDIC per city attorney recommendation; authorizing release of
FDIC from any indebtedness associated with the demolition lien without reducing
the total amount of the indebtedness thereunder. and authorize the Mayor and
City Clerk to execute such documents as may be necessary to accomplish the
foregoing, subject to the review and approval of the City Attorney. Motion carried
4 -0 with Commissioner Johnson absent.
City Manager Frank also noted that Fred Leonhardt, our state lobbyist, is also working with
City Attorney Rosenthal and Representative Nelson in pushing forward the legislation. This may
give us a way as a unit owner to come up with a dissolution plan for the whole condominium
association. City Attorney Rosenthal said he will answer any questions the commission may
have regarding the legislative process if they contact him.
STAFF REPORTS AND AGENDA REVIEW
3) City Manager Frank stated also on the dais in front of them is the draft Code Enforcement
Board minutes from February 22, 2011, meeting, which relates to the several request of
reduction of fines to be heard under the regular agenda. As well as, a packet before them with an
affidavit related to Item# 12.
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March 15, 2011
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — 1) read a letter from Florida Department of Transportation regarding the
traffic light and turn signal for the corner of Ocoee Hills Road and Silver Star Road. The letter
stated they are going to start on the design as soon as funding becomes available. City Manager
Frank stated that Public Works Director Krug has also been keeping this traffic signal request
going at the Metro Plan Meetings to help it move along. Public Works Director Krug
informed the Commission that the construction of this intersection is scheduled for the
FY2015/2016. He stated they are also looking to designate any money saved from current
construction projects to get the design going. Their goal is to have the design started this budget
year. Mayor Vandergrift stated they have been able to advance projects before and would like
for the Commission to keep that in mind if they should need to help out to move forward.
2) stated with the project plans for the basketball court he noticed that Progress Energy is
supposed to be putting up the lights and was wondering how long it is going to take for the lights
to be put on. City Engineer Wheeler stated they have been discussing this with them almost
every week. He further stated they have already paid them to do the lighting but Progress
Energy will not give the city any timeline. City Manager Frank stated he will call them.
Commissioner Wilsen — 1) announced that the weekend before the Spring Fling the Ocoee
Professional Firefighters Union will be hosting a fundraiser event and she welcomed James
Kelley to give a brief overview of the event. Mr. Kelley stated this weekend is their 2 " St.
Patrick's Day Annual ChiliBarbeque Cook -off event scheduled for March 18 and 19 He
further gave an update on the wounded soldiers that they will be helping and housing. Mayor
Vandergrift stated the Commission had voted to purchase ambulances and he would like to
consider a policy be put in place allowing them to help the Veteran's and Senior Citizens out by
transporting them to the hospital. Mr. Kelley stated that hopefully that is something they can
work out. Commissioner Wilsen announced that the event will be at Bill Breeze Park from
10am- 8:30pm. There will be music, rides, and food for everyone to enjoy. 2) announced the
Spring Fling is March 26 from 10am -3pm at Bill Breeze Park and this is a free event. She
further announced the many activities that would be available for the community to enjoy. The
movies in the park will be following this event so she would like to see everyone come out and
enjoy both events. Commissioner Wilsen also stated that the Spring Fling Committee is asking
for anyone attending the event to please leave their pets home. She stated this is a children's
event and they feel pets may become a problem. Mayor Vandergrift stated since the law allows
for leashed pets to accompany their owners in the park he feels a motion should be entertained.
Commissioner Wilsen, seconded by Commissioner Keller, moved to not allow
pets at the Spring Fling Event to be held at Bill Breeze Park on March 26, 2011.
Motion carried 3 -1 with Mayor Vandergrift opposing and Commissioner Johnson
absent.
Mayor Vandergrift — 1) briefly introduced Boy Scout Rayce Main who is working on earning
his Community Merit badge. 2) read an official letter from the Department of State regarding
the Woman's Club of Ocoee being listed on the National Register of Historic Places as of
February 14, 2011.
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City Commission Regular
March 15, 2011
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Consent Agenda Items #1 through #3, #5. and #6 with Item #4 being pulled for separate
consideration. Motion carried 4 -0 with Commissioner Johnson absent.
1. Approval of Minutes for the Regular Commission Meeting Held March 1, 2011. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 4 - 0 with Commissioner Johnson absent.
2. Appointment to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two -year terms. Shakeel Anjum has expressed his
interest in serving on the Community Grant Review Board. He is currently member of the Human Relations
Diversity Board, in which he will remain.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Mr. Sridhar Rangaswamy, a resident of Winter Garden has expressed a serious interest in becoming a member
of Ocoee's Human Relations Diversity Board. He attended an HRDB board meeting and has a good
understanding of the logistics required for the many upcoming events. Additionally, he would like to use his
talents and skills to help the community by promoting diversity and understanding. At the last board meeting,
Chairman Wm. Maxwell expressed his desire to have Mr. Rangaswamy as a member of the board and
recommends waiving the residency requirement. There are currently six vacancies on the board.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
4. Approval for Interlocal Agreement with Orange County to Modify the Construction
Plans for Widening Clarcona- Ocoee Road to Build a Full- Four -leg Intersection at
Clarke Road, with the Cost of Such Work to be Paid by the Arden Park Developer.
(City Engineer Wheeler)
The City Commission approved advancing the Arden Park roadway construction project to the current fiscal
year at its January 4, 2011, meeting as a result of an opportunity to save on the cost of construction by working
with Orange County to modify the proposed plans for widening Clarcona -Ocoee Road. The current bidding
date for the Clarcona -Ocoee Road project, which will complete the widening effort to SR 429, is April 2011.
The modification will replace the Tee intersection design for Clarke Road presently accommodated in the plans
with a full four -leg intersection that would facilitate a future extension of Clarke Road to the north and the
widening of Clarke Road to four lanes north and south of the intersection. This effort is being undertaken in
cooperation with the Arden Park developer, who has agreed to pay the increased costs of design and
construction. The joint effort will be recognized by changes to the Arden Park developer agreement, the precise
form of which will be presented to the City Commission for action at a later date.
This item was pulled from the consent agenda to be heard for separate consideration.
City Manager Frank stated originally in the recommendation for this item there was a two part
recommendation in which one was approval of a draft interlocal agreement with the County;
however, staff is now asking to remove this interlocal agreement and for Commission to consider
strictly the amendment to the Arden Park Developer's Agreement. He further stated they are still
working on the interlocal agreement and will go back to make negotiations with the County on
the intersection.
Commissioner Hood, seconded by Commissioner Keller, moved to approve to
First Amendment to Development Agreement for Arden Park per staffs
recommendation. Motion carried 4 -0 with Commissioner Johnson absent.
The Interlocal Agreement was not approved, per staff recommendation.
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City Commission Regular
March 15, 2011
5. Approval of Motorola Radio Service Agreement FY 2010 /2011. (Deputy Police Chief
Goclon)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the
Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with Orange County's
radio system. Also purchased with the radio system was a service maintenance agreement. The agreement is
required for equipment that is no longer under factory warranty. Included in the agreement is all covered radio
equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the
City for the Fire Department. The most recent agreement expired as of September 30, 2010, and the proposed
agreement will take effect October 1, 2010, and run through September 30, 2011. The cost of the service
agreement for the next 12 months is $24,351.84 (payable in monthly payments). Last year's agreement was
$30,538.56. There is $83,000.00 budgeted in the FY 2010 -2011 budget for Equipment Maintenance Contracts.
Currently there are approximately 200 items (portable radios, mobile radios, and consoletts covered under the
Motorola maintenance contract.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
6. Approval of Expenditure of Forfeiture Funds to Purchase Scheduling Software.
(Deputy Police Chief Goclon)
Per Florida State Statutes 932.7055 "...Such (forfeiture fund) proceeds and interest earned there from shall be
used for ...other law enforcement purposes, which include defraying the cost of protracted or complex
investigations, providing additional equipment or expertise...." The Ocoee Police Department provides Extra
Duty officers to outside contractors. Coordinating, scheduling, and paying the officers is a cumbersome task
requiring repetitive manual input by staff and volunteers. Software exists that reduces the number of staff
members and staff hours spent dealing with these tasks, as well as, provides an equitable system for officers
signing up for the Extra Duty details.
The Police Department requests to expend not more than $5,000.00 from its Police Forfeiture fund to purchase
Xtra Duty software from Jivasoft Corporation. The cost of the software for up to 100 users is $4,750.00. Three
quotes were obtained by the Police Department. Jivasoft Corporations' Xtra Duty provided the lowest quote;
however, the price is scheduled to increase significantly in May of 2011.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
G. FIRST READING OF ORDINANCE — PUBLIC HEARING
7. First Reading of Ordinance Imposing a Temporary Moratorium on the Opening of any New
Pain Management Clinic (PMC) and on the Relocation or Expansion of Existing PMC; and
Establishing other Regulations on PMC as are necessary for the Public Health, Safety, and
Welfare. (Second Reading and Public Hearing is scheduled for April 5, 2011, Regular Commission Meeting
at 7:15 p. m. or soon thereafter) (Deputy Police Chief Goclon)
Several counties and municipalities in Florida have established moratoria on new Pain Management Clinics
(PMC) to help curb the immediate deleterious consequences of these clinics including illegal drug trafficking,
the illegal purchase and sale of prescription pain medication, loitering and other criminal behavior in and
around such clinics, the diversion of prescription drugs for unlawful and dangerous uses, and an alarming
increase in deaths related to and caused by prescription drug abuse.
The proposed Ordinance would impose a moratorium on the opening of new pain management clinics and on
the expansion or relocation of existing pain management clinics. The moratorium would be effective
commencing on April 15, 2011, and ending on April 15, 2012, unless sooner terminated. The Ordinance would
also prohibit pain management clinics from operating on a cash -only basis. Additionally, it would be made
unlawful for a pain management clinic to operate between the hours of 8:00 pm and 8:00 am. A violation of the
Ordinance would be a municipal code violation. Section 1 -12 of the Code provides that a violation of the Code
is punishable by a fine not to exceed $1,000 or imprisonment not to exceed 1 year, or both fine and
imprisonment.
City Attorney Rosenthal read the title of Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on April 5, 2011, at 7:15 p.m. or soon thereafter.
Page 5 of 10
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March 15, 2011
H. PUBLIC HEARINGS
8. Approval of Resolution for Commercial and Multi - Family Solid Waste Franchise Rate
Adjustment 2011. (Advertised in the Orlando Sentinel on Thursday, March 3, 2011). (Public Works
Director Krug)
The City's Commercial and Multi- Family Solid Waste Franchise contract contains an annual rate adjustment for
fuel based on the average fuel price per gallon and the Consumer Price Index as obtained from data published
by the U.S. Government. The annual adjustment was incorporated into the contract to guarantee the lowest
price at time of bid by permitting future adjustments based on economic trends. The new rates are based on the
4.56% adjustment.
City Attorney Rosenthal read the title of the Resolution.
Public Works Director Krug stated that this resolution in part of the contract in order to ensure
that they would get lower rates when they bid the commercial solid waste franchise. They
allowed a fuel surcharge adjustment based on the annual fuel costs and also moderated by the
consumer price index, which is how they came up with a 4.56% increase in the fees.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve
Resolution No. 2011 -006, establishing new rates for commercial and multi - family
solid waste collection and disposal services retroactive to the beginning of the
February 1, 2010, billing period. Motion carried 3 -0 with Mayor Vandergrift away
from the dais and Commissioner Johnson absent.
The resolution as adopted carries the following title:
RESOLUTION NO. 2011-006
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING NEW RATES FOR
COMMERCIAL AND MULTI- FAMILY SOLID WASTE COLLECTION AND DISPOSAL SERVICES
RETROACTIVE TO THE BEGINNING OF THE FEBRUARY 1, 2010 BILLING PERIOD;
PROVIDING FOR THE COLLECTION OF A FRANCHISE FEE ON ACTUAL DISPOSAL CHARGES
FOR ROLL -OFFS; PROVIDING FOR AUTOMATIC ANNUAL RATE ADJUSTMENTS; PROVIDING
FOR THE 2011 RATE SCHEDULE BASED ON THE ANNUAL RATE ADJUSTMENT FOR 2010;
REPEALING RESOLUTION NO. 2006-013 AND ALL RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
I. REGULAR AGENDA
9. Approval of Code Enforcement Reduction of Fine/Lien of $144,099.22 to $600.00 for
Crums Climate Control c/o Brian Wrong — Located at 701 Broadway Avenue. (Deputy
Fire Chief Stanley)
This property was cited on March 20, 2008, for a violation on failure to obtain required inspections for a
Mechanical Change out, for permit #0602873, issued on December 21, 2006, which expired on June 19, 2007.
The requirements were to obtain inspections from the City of Ocoee Building Department. On April 22, 2008,
the Code Enforcement Board issued an order to comply by May 23, 2008, or be fined $250.00 per day.
On December 18, 2009, the property was observed to be in full compliance. Mr. Brian Wrong, Owner of Crums
Climate Control is requesting a reduction of fme/lien for $143,500.00 plus City's cost of $599.22 totaling
$144,099.22. On February 22, 2011, the Code Enforcement Board considered the request for a reduction of
fme/lien and recommends reducing the total fine lien to $600.00.
Deputy Fire Chief Stanley explained the case.
Page 6 of 10
City Commission Regular
March 15, 2011
Brian Wrong, of Crums Climate Control, gave a history of the many situations they came across
with the property owner for this address. There was a dispute with the homeowner where the
homeowner kept requesting more compensation for the things he felt were owed to him by
Crums Climate Control. They tried to settle with him every way possible but it came to a stand
off and the owner would never coordinate with the city to get the final inspection done. He said
the home is now in foreclosure and the air conditioning system has since been stolen from the
property.
Mayor Vandergrift moved to approve the recommendation by the Code
Enforcement Board to reduce to $600.00. Motion died for lack of second.
Commissioner Wilsen stated she read the Code Enforcement Board minutes and she has a
problem with the way this was handled. She inquired as to when they sent the certified letter,
when other fines were paid, etc. She further stated she can not agree with a fine reduction of
$600 for this case because this has been ongoing for four years. Certified letters were sent to the
homeowner from Crums with regard to getting the final inspection and they were returned to
Crums. Deputy Fire Chief Stanley stated there is a letter sent to the City from Crums Climate
Control dated 2007 which states that the contractor could not get access into the home; there was
a 90 day extension approval granted by the Building Official at that time.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
reduction of fine from $144,099.22 to $2,000.00 to be paid within 60 days or fine
will revert back to the original fine.
Mr. Wrong inquired as to what is he to do if an owner does not cooperate in getting the final
inspection. The commission suggested that language be incorporated into their contract that
would make the homeowner responsible for costs incurred if a timely final inspection was not
completed. City Manager Frank also suggest that he call the Building Official and talk to him
about getting resolve if this occurs in the future.
Mayor Vandergrift noted that he watched this case when it went before the Code board and
now and feels that Mr. Wrong did everything he could. He is not in favor of a lien that is above
the $600.00 as recommended by the Code Enforcement Board.
After a brief discussion, motion carried 3 -1 with Mayor Vandergrift opposing and
Commissioner Johnson absent.
10. Approval of Code Enforcement Reduction of Fine/Lien of $20,395.72 to $895.72 for
Wendall Skinner c/o The Bank of New York — Located at 6914 Cross Cut Court.
(Deputy Fire Chief Stanley)
This property was cited on June 29, 2009, for the violation for excessive weeds and grass. On August 25, 2009, the Code
Enforcement Board issued an order to comply by September 11, 2009, or be fined $100.00 per day beginning July 4, 2009.
On January 15, 2010, the property was observed to be in full compliance. Ms. Anna Shuder representing The Bank of New
York is requesting a reduction of the fine /lien for $19,500.00 plus City's cost of $895.72 for a total of $20,395.72. The bank
did not take control over property until January 10, 2010, as per Orange County Property Appraiser. On February 22, 2011,
the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine /lien to
$895.72.
Deputy Fire Chief Stanley summarized the case.
Ted Eckbreth of Exit Realty stated that the bank did not take possession of the home until
January 10, 2010. He said at that time they have brought everything into compliance. He said
they are in agreement with the Code Board recommendation.
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City Commission Regular
March 15, 2011
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the
reduction of fine from $20,395.72 to $895.72 to be paid within 30 days of
Commission approval or it reverts back to the original lien. Motion carried 4 -0
with Commissioner Johnson absent.
11. Approval of Code Enforcement Reduction of Fine/Lien of $33,300.00 to $600.00 for
Paulo Miller — Located at 844 Patriots Point Drive. (Deputy Fire Chief Stanley)
On October 21, 2008, the property located at 844 Patriots Point Drive was observed to be vacant with dirty swimming pool
water. On February 24, 2009, the Code Enforcement Board found the respondents in violation and issued an order to comply
by March 23, 2009, or be fined $150.00 per day. On March 24, 2009, the property was observed to still be in non-
compliance.
On November 2, 2009, the property was observed to be in full compliance, as well as, an order for fine /lien was imposed
totaling $33,300.00. At the February 22, 2011, Code Enforcement Board Meeting, the property manager stated that the
property had gone through foreclosure and was not acquired until December 2010 by his bank, in which the board
recommended to reduce the fine to $600.00. The property manager also advised that a sale is pending. Staff recommends
that the commission approve the fine of $600.00, to reimburse the City for administrative costs, as well as a penalty
assessed.
Deputy Fire Chief Stanley summarized the case and Code Enforcement Board
recommendation. Dave Kellam, REO Services, spoke on behalf of the property owner. He stated
the property has been in compliance and they are in agreement with the Code Enforcement
Board recommendation of $600.00.
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the
reduction of fine from $33,300.00 to $600.00 to be paid within 30 days of
Commission approval or it reverts back to the original fine. Motion carried 4 -0
with Commissioner Johnson absent.
12. Approval of Code Enforcement Reduction of Fine/Lien of $37,200.00 to $2,167.26 for
Sprint Foods (Pantry, Inc.) - Located at 1515 Wurst Road. (Deputy Fire Chief Stanley)
This property was cited on February 10, 2009, for a violation of Exit lights and Emergency lights not working
per NFPA 1 (14.13.1.1). On April 28, 2009, the Code Enforcement Board issued an order to comply by May 22,
2009, or be fined $150.00 per day. Property was re- inspected May 23, 2009, and found to be in non-compliance.
Sprint Foods requested a re- inspection on January 26, 2010, and was observed to be in full compliance as of this
date. Sprint Foods (Pantry Inc), is requesting a reduction of fme/lien of $37,200.00.
The Code Enforcement Board is recommending the fme/lien be reduced to $2,167.26. The discussion by the
board was to reduce the amount, due to the request stated by Cole, Scott & Kissane, P.A. and Sprint Foods
(Pantry Inc).
This item was moved up on the agenda and heard after Item #7
Deputy Fire Chief Stanley stated the case before them is for a request of reduction on fine /lien
from Sprint Food located at 1515 Wurst Road. He further stated they have representation this
evening. The recommendation of the Code Enforcement Board was to reduce the fine from
$37,200.00 to $2,167.26. He further stated the City's cost on this case was $967.00 in staff time.
Greg Ackerman, law offices of Cole, Scott, Kissane, P.A., stated the amount of the $2,176.26
reduction represents 8 days of being in violation from May 23 -30, 2009, as well as the cost that
was incurred by the Fire Inspector. Mayor Vandergrift inquired if they are in favor of the
reduced amount, which Mr. Ackerman answered affirmatively.
Commissioner Hood, seconded by Commissioner Keller, moved to approve the
reduction of fine from $37,200.00 to $2,167.26 to be paid within 30 days of
Commission approval or revert back to the original fine amount. Motion carried
4 -0 with Commissioner Johnson absent.
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March 15, 2011
13. Election of Mayor Pro Tem. (City Clerk Eikenberry)
Section C -9 of the Ocoee City Charter states: ... The Mayor pro tem shall be elected from among the
Commissioners by the City Commission but shall continue to represent the district in which such Commissioner
resides. The Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of
the candidates elected at each general city election (unless there is a runoff election, in which case the Mayor
pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates
elected at such runoff election) and shall serve as Mayor pro tem until the successor is elected.
On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tem annually, even in non -
election years, by rotating down through the seniority list, beginning with Commissioner Johnson for the term
of March 2007 -2008.
Commissioner Hood said he felt that we should hold these two items until Commissioner
Johnson returns from the conference.
Mayor Vandergrift interjected the Commission Johnson is attending the National League of
Cities' Small Cities Conference which no one has ever attended before. He felt that the whole
Commission should be involved in deciding whether or not to spend money on such conferences
and in deciding who should be sent.
Mayor Vandergrift moved to appoint Commissioner Wilsen as Mayor Pro tem.
Motion died for lack of second.
Commissioner Keller, seconded by Commissioner Hood, moved to continue
items #13 and #14 until the next regular meeting when all five commissioners are
present. Motion carried 4 -0 with Commissioner Johnson absent.
14. Appointment of Commission Liaisons to Various Boards. (City Clerk Eikenberry)
Each year in March, the Commission reviews the Liaisons Appointments to various boards and makes changes,
if needed.
Commissioner Keller, seconded by Commissioner Hood, moved to continue
items #13 and #14 until the next regular meeting when all five commissioners are
present. Motion carried 4 -0 with Commissioner Johnson absent.
J. STAFF ACTION ITEMS - none
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller — no comments
Commissioner Wilsen — 1) asked for an update on the Farmer's Market stating the crowds have
been getting smaller and she has concerns. Parks and Recreation Director Hayes gave a report
on the crowds, lighting, and alternate locations. He stated they are interested in bringing in
additional vendors and expanding the space. He felt there were many advantages to moving it the
to Community Center parking lot, such as the close proximity to the parking and ability to tie in
the gazebo, the historical house, and possible indoor vendors.
Commissioner Wilsen moved to direct the Parks and Recreation staff to move the
Farmer's Market to the Community Center location. No vote was taken. Due to
subsequent discussion, the motion died for lack of second.
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March 15, 2011
City Engineer Wheeler reminded the Commission about the City Hall complex construction
project. Discussion followed with regard to the timeline for the construction project that will
begin in approximately one month and take three months to complete. Consensus was that if they
completed the Community Center area first, it would be at least June before the Farmer's Market
can be moved. There was further discussion about what to do with the Farmer's Market between
now and June when it can be moved to the Community Center. Consensus of the Commission
was that the open/close times need to be shifted an hour earlier.
Commissioner Wilsen, seconded by Commissioner Keller, moved to change the
Farmer's Market hours from 3:00 p.m. to 7:00 p.m. with the street being closed at
2:00 p.m. for set -up; and to change the location of the Farmer's Market to the
Community Center as soon as the construction is completed. Motion carried 4 -0
with Commissioner Johnson absent.
Commissioner Wilsen (cont) 2) reminded everyone that the Fire Department is sponsoring a St,
Patty's Day Cook -off and Carnival this weekend to benefit Homes for Heroes, 3) reminded
everyone the Spring Fling will be on March 26, 2011.
Commissioner Hood — no comments
Mayor Vandergrift — 1) announced the Ocoee Historical Commission is hosting Tea under the
shade of the Camphor Tree on Saturday, April 2, 2011, from 3:00 -5:00 p.m. 2) announced he
spent some time at the Sport Complex out in Clermont 3) was asked by Kay Behrens to write a
proclamation in honor of her alma mater that are here competing at the sports complex for Knox
College in Galesburg, IL, founded in 1837. Mayor Vandergrift read a Proclamation in honor of
Knox College and the Knox College Prairie Fires team, proclaiming March 2011 Knox College
Prairie Fire month.
ADJOURNMENT
The meeting was adjourned at 8:56 p.m.
APPROVED:
Attest: City of Ocoee
1 02L Li
� �5
eth Eikenberry, City Clerk di s. Scott Vandergrift, yor
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