02-07-12 MINUTES
February 7, 2012, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Swearing in of Commissioner Keller and Commissioner Wilsen
Mayor Vandergrift gave an introduction of new City Attorney Scott Cookson
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 Richard Scott, Boy Scout Troop #210. 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 Cookson, Asst. City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Black History Month — February 2012
Mayor Vandergrift read the proclamation for Black History Month.
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
Assistant City Manager Shadrix announced the following:
1) Handgun Safety Class - Saturday February 11, 2012, from 8:00a.m. till 1:OOp.m. This is a
free handgun safety class taught by Ocoee Police Officers. Topics include terminology, safety,
loading and unloading, shooting basics, laws, use of force, concealed weapon permits, and
proficiency. The class is held at the Ocoee Police Department. If interested contact Officer
Teddy Levin at 407 - 905 -3160 ext. 3024 or at tlevin @ci.ocoee.fl.us.
2) Ocoee Little League Opening Day Ceremony at Central Park — Saturday February 25,
2012, at 9:00a.m.
3) SAFE Class — Tuesday March 13, 2012, from 6:OOp.m. till 9:OOp.m. This is a free, one
time, three hour presentation on self - defense and safety awareness for women. The class is
taught by Ocoee Police Officers using the National Self Defense Institute's S.A.F.E. curriculum.
Topics covered include: self - defense, crime prevention, and domestic violence. The class is held
at the Ocoee Police Department. You must be at least thirteen years of age to attend. If interested
contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024 or at tlevin @ci.ocoee.fl.us.
4) The Parks and Recreation Department will be hosting its monthly Food Truck Friday
event on Friday, February 17th, from 6:00 to 9:00 pm. on Lakeshore Drive in Bill Breeze Park.
Food trucks will be offering gourmet food and delectable treats ,and the movie "Captain
City Commission Regular
February 7, 2012
America" will be shown be during the event; the movie will start at 7:30 p.m., so come out and
enjoy a dinner and movie in the park.
5) The Parks and Recreation Department is currently accepting registration for its Adult
Soccer 6 on 6 Program. Cost is $360 per team. For more information Contact the Parks and
Recreation Department at 407 - 905 -3180.
6) Clarke Road landscaping irrigation and tree installation is complete. Sod will be installed
later this month when "green" sod is available from south Florida. This is giving the City an
opportunity to do an additional treatment for some persistent weeds.
7) The Montgomery Avenue/White Road Reclaimed Water Interconnect construction
project has completed construction of the mains and is now doing line flushing, pressure
checking, and service line installation. Final restoration, which includes repaving sections of
White Road, will be done this month.
Update on Jimmy Hager Memorial
CIP Manager Butler gave a brief presentation on several options for the Jimmy Hager
Memorial. Options included a brass or granite marker or a granite bench.
Commissioner Wilsen said she has had a chance to spend some time at the park and feels one of
the planters where the trees are would be a great place to put a granite footprint. Commissioner
Johnson suggested putting something on the sidewalk out by the lake where Jimmy Hager used
to spend most of his time. He further advised that they problem he has with the planters are that
on Friday nights there are kids jumping up and down in the planters and he does not want to see
the memorial damaged. Commissioner Hood inquired if he was thinking more of a bench
memorial. Commissioner Johnson said a bench would be fine with him because it could be
placed near the dock. Commissioner Wilsen the only problem she sees with the bench is the
wording on the plaque may be hard to see and she would like for his memorial to be visible.
Commissioner Johnson, seconded by Commissioner Hood, moved to qo forward
with the granite bench with the wording on the back for a budget of $1,000 to
come out of contingency. After a brief discussion on the location of the wording
the motion carried 5 -0.
Update on Cost Effectiveness of iPad2s for Commission Agendas
Assistant City Manager Shadrix said at the last meeting they were directed to look into the use
of iPad2's and staff has evaluated them. He briefly added that they have received an excellent
price from a local vendor at $613.84 for each IPad2. Assistant City Manager Shadrix further
said that based on the individual conversations he had with each of them; the equipment that
would be turned in would create a net savings to the city. Commissioner Wilsen said she would
like clarification that they would no longer have a paper agenda packet. Assistant City
Manager Shadrix said that would be correct.
Commissioner Wilsen, seconded by Commissioner Hood, moved to go forward
with the purchase of iPad2s for the Commission and any central staff that the City
Manager feels should also require one; funds are to be taken out of contingency.
Motion carried 5 -0.
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February 7, 2012
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood — 1) reminded everyone about Opening Day for Little League. Parade will
start at Sam on February 25 and the Opening Day ceremony will begin at 9am. 2) West Orange
Girl's Club will also have their Opening Day the first Saturday in March but he will bring back
more information. 3) reminded citizens to be careful when driving around the city because there
are a lot of children running around in neighborhoods. Mayor Vandergrift announced Little
League is celebrating 50 years in Ocoee and if there are any residents that have anything such as
pictures or autographed items please bring them to the ceremony. Commissioner Hood said
residents can get in touch Gene Oliver through the Little League website. He further added they
are trying to collect items; however, if anyone does turn in photos those will not be returned back
so they may want to submit a copy only. Mayor Vandergrift advised that residents can take
their photos down to the City Clerk's office so they may make copies at no charge.
Commissioner Wilsen- None
Commissioner Johnson — None
Commissioner Keller — said he received a letter from the Florida Department of Transportation
for a public information meeting regarding plans to improve safety, widening, and repaving of
Silver Star Road (SR438) from 2 Street to Silver Crest Blvd. The meeting is scheduled for
Wednesday, February 29 at the Ocoee City Hall starting at 5 pm with an informal open house.
Meeting will adjourn at 7pm. Mayor Vandergrift requested to be copied on the information
announced.
Mayor Vandergrift — announced that his brother John Vandergrift passed away this week at 81
years of age. He was a WWII Veteran and will truly be missed.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
Consent Agenda Items #1 through #8 with Items #5 and #6 being heard for
separate consideration. Motion carried 5 -0.
1, Approval of Minutes for the Workshop Meetings for City Attorney Held December 28,
2011, and January, 4, 2012, Special Session Meeting for City Attorney Selection Held
January 10, 2012, and Regular Commission Meeting Held January 17, 2012. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Approval to Expend Forfeiture Monies for Law Enforcement Related Uses. (Police
Chief Brown)
Pursuant to Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000
pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen
(15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug
prevention, crime prevention, safe neighborhood, or school resource officer program. The Ocoee Police
Department recommends expending monies from its Forfeiture fund to law enforcement related uses as
follows: $3,000 for the City of Ocoee Spring Fling event.
Approved on Consent. Motion carried 5 -0.
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February 7, 2012
3. Approval of Emergency Medical Services Agreement Between Orange County, Florida
and City of Ocoee Fire Department. (Fire Chief McNeil)
On August 12, 2011, the Orange County Office of the Medical Director distributed five (5) Medtronic Sprint
Wireless Modems to the City of Ocoee Fire Department. The Modems were purchased by the Office of the
Medical Director with EMS Grant Funds. Modems were distributed to all Orange County Agencies that
provide ALS for the purpose of transmitting 12 -lead EKGs from the emergency scene to the receiving hospital
when on -scene Paramedics interpret a myocardial infarction that is in need of immediate catheterization. The
subject agreement transfers ownership of the Modems to the Ocoee Fire Department along with the stipulations
of ownership.
Approved on Consent. Motion carried 5 -0.
4. Approval of Intent to Annex for Water Service for James and Terri O'Neill at 1539
Clarcona -Ocoee Road. (City Engineer Wheeler)
Mr. and Mrs. O'Neill own the property which is located at 1539 Clarcona -Ocoee Road and have approached the
City for utility service. The property was platted as part of the North Ocoee Addition No. 2 and has one single
family residence on the property. The property is currently within unincorporated Orange County and is not
contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer
Territorial Boundary, and City Limits. Therefore, this is just an Intent to Annex for water service at this time.
Approved on Consent. Motion carried 5 -0.
5. Approval of Interlocal Agreement Between City of Ocoee and Belle Isle with
Crowne /Carehere. (Human Resources Director Williford)
The City of Belle Isle, Florida (City Manager) has requested of the City of Ocoee (City Manager) to consider
partnering with Belle Isle to provide limited occupational services, i.e. pre - employment and annual physicals
for their police officers. Belle Isle has approximately 15 officers and hires about 3 officers per year. Belle Isle is
having difficulty finding a provider that can service their occupational needs for comprehensive physicals.
The City of Ocoee desires to provide Belle Isle limited occupational services through the CareHere health
center for pre - employment and annual physicals. This partnership is estimated to consume approximately five
(5) regular appointments per month at the health center. The small number of appointments to be used will not
have an adverse impact on the City of Ocoee employees /dependents.
Commissioner Johnson said he asked the City Manager to give the commission a total amount
on what this is costing the city. He further said he has a problem with bringing more people into
using the clinic when the employees cannot even get in for an appointment. He feels they need
to address the employees' issues first and either provide more timeslots or more days because
when the clinic was being introduced they had advised employees they could do walk -ins if they
were sick. Jim Carnicella said they have taken all those issues into consideration and since they
have opened the clinics on Saturday mornings it has helped expand the number of hours
available. He advised they have 90 appointments a weeks that are now available to the
employees and their dependents. Mr. Carnicella advised that there are actually times available
within the week and month, that they know are available and will be using. He shared that the
average number of appointments they will be taking for Belle Isle personnel will be 1 or 2
appointments a week out of the 90 or 4 appointments a month. He advised that they do not want
to impact the employees or the dependents and should they begin to have problems the
agreement is written to allow them to terminate it within 30 days. Commissioner Johnson
advised that one of the problems is that just for medications sometimes one person may have to
make more than one appointment so he is wondering how many appointments Belle Isle would
really be taking. Jim Carnicella advised that the physicals will take on average no more than
1%2-2 appointments. He explained that they will not be treating the Belle Isle officers but will
mostly be doing their pre - employment physicals. If and when they start doing Belle Isle's
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February 7, 2012
annual physicals for the 15 employees they would then schedule it around the current regular
schedule. They have calculated the cost for the clinic staff's time and supplies and Belle Isle is
going to pay not only the actual cost but will also pick up about 20% more than the cost. He
advised it will not cost the city anything and that is a guarantee. Commissioner Hood inquired
if they work around the city's regular schedule would the city be required to pay the overtime
cost for clinic staff. Mr. Carnicella said they would not because whatever it cost the city, Belle
Isle will pay. Commissioner Johnson inquired as to what the cost will be for the physicals.
Mr. Carnicella said it would be $200 (without a stress test) and $300 (with a stress test) per
physical. He advised that they have already tested this theory and the two stress test they
conducted averaged $150 (without a stress test) and $225 (with a stress test). Commissioner
Johnson said they set the clinic program up so that the city employees were considered first and
he thinks they need to make sure there are going to be appointments available for city staff. Mr.
Carnicella said he is guaranteeing that if there is the least bit of an issue they will advise the
Commission and City Manager. He further said on a day -by -day basis there can be a problem
getting into the clinic because of the demand. Commissioner Johnson said he wanted to
comment about costs because when they were doing the budget process they were told that there
would not be any increases to the co -pays or prescriptions, yet both have happened. He further
said he feels they need to have a workshop. Mr. Carnicella advised that because of the cost of
healthcare Ocoee has been very lucky that they have not faced the 12 -20% increases that most
organizations have had. He said they should spend more time discussing the city's long -term
plans for healthcare.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
Interlocal Agreement Between the City of Ocoee and Belle Isle with the
understanding that Ocoee employees come first. Motion carried 5 -0.
Mayor Vandergrift also announced he would like staff to put together a work session for the
issues that Commissioner Johnson has brought up regarding the healthcare costs.
6. Approval of Partial Lien Release for Habitat for Humanity. (Assistant to the City
Manager Gaines)
West Orange Habitat for Humanity, Inc. has a donor by the name of Dean Harper (Dean Harper Inc.) who
would like to donate a parcel of land to them which is located at 528 W Hull Ave in the Town of Oakland. Mr.
Harper has outstanding liens with the City of Ocoee (Cases #06 -067, 05 -024, 11 -120). All three liens total
$59,800. Habitat would like to see if it would be possible for the City of Ocoee to sign a partial release of lien
in favor of West Orange Habitat for Humanity, Inc. for just this parcel in Oakland. It would allow them to clear
the title and build a home for a low- income family in need of decent affordable housing. Florida law allows
municipal liens to be attached to more than one property of the owner.
Commissioner Johnson said his issue with this item is that if something goes wrong and Habitat
for Humanity does not build anything they have released the lien. He further added that he
would like it stipulated that if something happens then the lien is not lost. City Attorney
Cookson advised they can condition the lien on conveyance to Habitat for Humanity so that the
city holds on to it until it is actually conveyed. He further advised that it would be a different
issue if it is conveyed to Habitant to Humanity and they do not build on it. Assistant to the City
Manager Gaines said that Orange County did a similar partial release to this particular property
and they stipulated that they property is to be donated to West Orange Habitat for Humanity. He
reiterated that there is not financial impact and the liens within the City of Ocoee will remain.
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February 7, 2012
Motion on Item #6:
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
the partial release of lien located at 258 W. Hull Avenue with the condition that the
city holds on to the lien until it is conveyed to West Orange Habitat for Humanity.
Motion carried 5 -0.
7. Approval of Most Valuable Partnership Grants - Cycle 2011- 2012. (Community
Relations Manager Wright)
The Most Valuable Partnership Grants Program has been in operation for several years. The grant program
assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the
quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The
maximum matching grant award is $2,000.
Seven organizations were recommended to receive grants in the amount of $10,000. One organization, Silver
Glen HOA, was disqualified because their grant application was incomplete.
This item was originally approved on consent but later pulled for separate
consideration.
Commissioner Wilsen said that Silver Glen HOA was disqualified because there were some
issues that were unforeseen and she would like for them to be granted $1700 out of contingency.
There is no money left in the grant cycle which is why funds will have to be disbursed form
contingency. Commissioner Johnson inquired as to why they were late. Commissioner Wilsen
explained there was a one page budget paperwork that was not submitted and she was advised
that they could submit it by next week. Commissioner Hood inquired from Joy Wright is she
had received the budget information. Community Relation Manager Joy Wright advised she
has not.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
• rant mone to be taken from contin • enc in the amount of '.1700 to the Silver
Glen HOA if the application is approved by staff and contingent that they submit
their budget paperwork within one week. Motion carried 5 -0.
8. Approval of Fundraising Event Sponsored by the Ocoee Professional Firefighters.
a. Special Event Permit to Authorize the Sale and Serving of Alcoholic Beverages at a
City Park. (City Clerk Eikenberry)
In accordance with Resolution 2006 -010 as approved by the City Commission, the Ocoee Professional
Firefighters organization has filed a special event permit application for the sale of alcoholic beverages at a
fundraising event to take place on March 17, 2012, at Bill Breeze Park. Proceeds from the event will go towards
supporting Homes for Heroes.
b. Special Event Permit Request for Road Closure. (Building Official Washington)
In order to temporarily close a public street and boat ramp, the approval of the Honorable Mayor and City
Commission is required. Ocoee Professional Firefighters Local 3623 has made application to the City for a
Special Events Permit for a BBQ /Chili Cook -off and Concert that would require the temporary closing of City
owned streets and Starke Lake Boat Ramp. It would also require the use of Bill Breeze Park and Community
Center Parking Lot. The event will be held on Friday, March 16, 2012, from 12pm - lOpm, Saturday, March 17,
2012, from 9:00 AM — 10:00 PM and on Sunday, March 18, 2012, from 10:00 AM — 5:00 PM. The streets to be
closed are a portion of N. Lakeshore Drive and Oakland Avenue.
Approved on Consent. Motion carried 5 -0.
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G. PUBLIC HEARINGS
9. Makinajian Variance 800 Huntington Pines Drive. (Advertised in the Orlando Sentinel on
Thursday, January 12, 2012). (City Planner Rumer)
The applicant, Joyce Makinajian, is requesting a rear yard setback variance from 30 feet to 5 feet for a two -story
room addition. The subject property is located at 800 Huntington Pines Drive, on corner lot 217 in the
Brookestone Subdivision which is located on the west side of Maguire Road and south of Tomyn Road. The
rear of the subject property is located next to tract S, which functions as a stormwater management area and
tract D, which functions as a conservation area. The applicant submitted documentation regarding HOA
approval dated June 29, 2011. However, the documentation does not indicate the setback approved, and it
appears that the approval has expired. The Board of Adjustment met on January 26, 2012, and voted 4 -0 to
recommend the City Commission deny the requested variance.
City Planner Rumer said this is a proposed rear yard setback variance request from 30 feet to 5
feet for the subject property located at 800 Huntington Pines Drive. The subject property is
located in the Brookestone Subdivision which is located on the west side of Maguire Road and
south of Tomyn Road. The rear of the subject property is located next to tract S, which functions
as a stormwater management area and tract D, which functions as a conservation area. City
Planner Rumer advised the proposed addition is for a 25x26 two -story room addition. Exhibits
were provided showing the rear yard. The applicant did go before their HOA and received
approval for a smaller foot print of 20x26 which would have had a rear yard setback of 10 feet.
City Planner Rumer advised that with the variance the applicant is requesting the additional 5
feet but he does suspect they may request to go back to the original HOA approved plans.
City Planner Rumer advised that the proposed addition does not meet any of the four criteria
for the variance and the Board of Adjustment did vote unanimously to not recommend approval
of a variance of 5feet. He further stated staff does not support this variance request either.
Mayor Vandergrift inquired from staff if they would approve the variance if the size is taken
back to what the HOA originally approved. City Planner Rumer replied they would not
because staff views are that is does not meet the criteria of a variance.
Opened the Public Hearing
Garrett Andrijiszyn, contractor hired by applicant, said that they had originally designed the
room addition as a 20x26 addition and it was submitted to the building department for
permitting. During the permitting process they ran into the issues with the setback so they
requested a variance with the 25x26 room addition and did plan to go back to the HOA for their
approval. Mr. Andrijiszyn said the Board of Adjustment did not approve that variance so they
are now requesting to go back to the 20 feet. He further said the owners are open to redesign and
go back to the HOA. He has the original approval from the HOA and the conditions of approval
that were required which were just basic construction conditions such as repairing sidewalks.
Mr. Andrijiszyn said the applicant has already spent quite a substantial amount of money in
designing the addition and just want to be able to expand the size of their home. He further said
even with the addition at its largest footprint it will not make this the largest size house in the
neighborhood. Mrs. Makinajian's husband was in an automobile accident years ago and
receives physical therapy regularly to include acupuncture and massages. They do not have
much room in their home which is why they are looking to expand. Mr. Andrijiszyn advised
they are willing to do a one -story addition.
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February 7, 2012
Amanda Peck, 784 Huntington Pines, said they oppose the structure at any feet because this
structure will look right directly into her backyard. She has spoken to 80 homeowners in her
neighborhood, who also signed a petition, and only one neighbor said they were impartial. The
HOA approval the applicant received has expired and was approved on Junel, 2011, and expired
on October 1, 2011. Ms. Peck further expressed her opposition to the room addition. Mayor
Vandergrift said she mentioned the fact that this would look into the back of her house and
inquired if she was referring to a two -story as opposed to a one -story structure. Ms. Peck said
whether it is a two -story or one -story addition the windows on the back of the home would run
parallel to where her pool is. Mayor Vandergrift inquired if she had the petition from the 80
residents. Ms. Peck advised she did have a copy to provide to the commission.
Mr. Andrijiszyn said he read the petition that was submitted on -line and what was stated on that
website was that they were adding 3,000 square feet to the back of the house which is completely
wrong. He feels a lot of the signatures were based on information that was not correct. Mr.
Andrijiszyn shared that he owned a home in Brookestone for ten years and his house did stick
out past both of his neighbors' homes and the home was an original Lennar model.
Commissioner Johnson advised that the petition only states the applicant is adding 1300 square
feet. Mr. Andrijiszyn said the petition was changed two days before the Board of Adjustment
meeting and even when he spoke with the HOA they agreed that the information on the petition
was wrong. They are only asking for a footprint that will allow them to add something to the
house and the HOA had only requested for them to keep everything congruent with the
neighborhood. The applicant is willing to go back and redesign again to get compliance and just
need approval for the area to be able to do this. Commissioner Hood inquired if they could go
up instead of back. Mr. Andrijiszyn said they could go up but they would like this addition to
be cost effective as possible and going over the existing structure will be an additional cost.
Commissioner Johnson said that it seems to him that they need to go back to the HOA and let it
go back through the process. Mr. Andrijiszyn said that would be the next step in the process
and what they really need approval on is some sort of area that they can build.
Commissioner Johnson commented that city staff has implemented certain rules and they have
already indicated that they will not approve this addition. Mr. Andrijiszyn inquired from staff if
they would be willing to approve something smaller. City Planner Rumer advised that the
property is already set back at just over 30 feet, which is the minimum setback, and the criteria
for a variance are pretty specific regarding hardship and this property does not have any
hardship. He further added that staff's purview is of the criteria in the Land Development Code.
Mayor Vandergrift inquired to stay within the setback they only have 6 inches to add onto the
house. City Planner Rumer said that was correct because the existing setback is almost at 31
feet and the requirement is 30 feet. Mayor Vandergrift briefly explained that it seems the
neighbors are objecting even if they drop back 5 feet and due to the neighborhood objecting to
this variance he would probably vote against it too. Commissioner Hood said there is an option
for them to go up but it seems to not be cost effective for the applicant. Commissioner Keller
commented that having been an HOA President and having been in discussion with staff
regarding approval by the city before HOA approval, he would feel more comfortable with and
HOA approval first. He would suggest the applicant go back to the HOA and then the city can
see where there might be some compromise. City Planner Rumer said they could reapply
because the application and adverting was for a 5 foot setback. The Commission can than
approve something less. Mayor Vandergrift inquired if the applicant would be charged to
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City Commission Regular
February 7, 2012
reapply. City Planner Rumer said they generally would be. A brief discussion continued on
possibly having a fence added to resolve some issues. Mr. Andrijiszyn asked if this could be
tabled for now so he can approach the HOA and then come back.
Amanda Peck said she wanted to state for the record that when she originally put the petition up
as Mr. Andrijiszyn mentioned, the information on the website was incorrect. She received
information from the Planning Department that the addition was going to be 25 x 57. After
thinking about that for about 24 hours she realized that did not seem right so she contacted the
Planning Department again and received the correct information. She advised there were only
fourteen signatures at the time but she did correct the website.
Tom Collins, HOA Board Member, said there has been a lot of misinformation from the very
beginning on this project. He explained there are a lot of things that have involved from this
whole process and he is not sure if the applicant going back to the HOA will get another
approval. Commissioner Hood said he would not want to look at this again until it has been
reviewed by the HOA.
Closed the Public Hearing
City Attorney Cookson explained there are two options before them tonight. They could table
this item conditioned upon giving approval of the HOA or if they deny it then the applicant will
have to go through the whole process including going before the Board of Adjustment for
recommendation. City Planner Rumer advised that if they do decide to table this item then
they would just charge the applicant the advertisement cost for the public hearing. A brief
discussion ensued on what would happen if they tabled the item.
Commissioner Johnson, seconded by Commissioner Hood, moved to deny the
request for the Makinajian Variance located at 800 Huntington Pines Drive.
Motion carried 5 -0.
H. REGULAR AGENDA
10. Code Enforcement Reduction of. Fine/Lien for Richard R. Wilson Jr. Located at 23
Cokles Key Drive. (Assistant to the City Manager Gaines)
The property located at 23 Cokles Key Drive was cited on May 7, 2011, for violations of Ocoee Code of
Ordinance 51 -13 Permits Required. The code violations were for a Garage /Shop and unpermitted
Canopy /Temporary structures without required permits, plans, approval and inspections. The Code
Enforcement Board issued an order to comply by October 25, 2011, or be fined $100.00 per day. The fine
accrued to date is $4,100.00 plus City's administrative cost of $718.00, totaling $4818.00.
On December 5, 2011, a re- inspection was performed and observed the property to be in full compliance. Mr.
Richard Wilson Jr. the owner of the property is requesting a reduction of fine /lien of $4818.00.
Assistant to the City Manager Gaines introduced the case.
Mayor Vandergrift inquired if this is a quasi-judicial board because they are hearing an appeal
of the Code Enforcement Board. City Attorney Cookson stated that the procedures would be
the same if it were Quasi - Judicial or not because you are essentially doing the same thing by
allowing both sides give testimony.
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City Commission Regular
February 7, 2012
Assistant to the City Manager Gaines briefly explained the violations and stated that Mr.
Wilson did a great job cleaning everything up. He displayed before and after pictures. The City
staff recommended the fine be reduced to administrative costs of $718.00. He stated due to
miscommunication between two city departments and Mr. Wilson's current financial status, the
Code Enforcement Board recommends the fine be reduced to $0.
Richard Wilson, 23 Cokles Key Drive, explained that he has asked for a reduction of fine
because he is on a fixed income of $368.48 per month; he has been seeking employment since
September and he is applying for Social Security when he is eligible in May 2012. Mayor
Vandergrift clarified with the owner that he is going to live there.
Mayor Vanderqrift, seconded by Commissioner Johnson, moved to reduce the
Code Enforcement Fine /Lien for Richard R. Wilson Jr. for the property located at
23 Cokles Key Drive be reduced to zero per the recommendation of the Code
Enforcement Board. Motion carried 5 -0.
11. Code Enforcement Reduction of Fine/Lien for BAC Home Loans Servicing LP / Federal
Home Loan Mortgage Corp. Located at 2003 Nancy Ann Terrace. (Assistant to the
City Manager Gaines)
The property located at 2003 Nancy Ann Terrace was cited on June 29, 2010, by Officer Edward Loeffler, as a
nuisance to the public health, safety and welfare. The property was littered with trash, junk and debris. The
structure was unsecured with evidence of egress by unauthorized persons. The codes violated: 108 -35 and 115-
3. On July 29, 2010, the Code Enforcement Board issued an order to comply by August 13, 2010, or be fined
$200.00 per day per violation. On August 25, 2010, the Code Enforcement Board imposed the accruing fine
and lien for non - compliance. The location was routinely checked by Officer Loeffler October 2010 —
November 2011 and documented as non - compliant with seven signed affidavits. Two of these checks resulted
in Ocoee Police Department assistance.
On November 28, 2011, the violations were observed corrected and an affidavit of compliance was issued.
BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp. is requesting the fine /lien amount of
$188,800.00 be reduced to the city's cost of $768.00. BAC Home Loans Servicing LP / Federal Home Loan
Mortgage Corp. claims that their Lis Pendens lawsuit was filed prior to the city's Notice of Claim of Liens
resulting in elimination of any fines on behalf of the city under the provisions of Florida Statute 48.23.
Assistant to the City Manager Gaines briefly explained the violations. Our lien was filed after
the Lis Pendens on this property which would result in elimination of any the city's fines under
State Statutes. However, he advised that of BAC Home Loans stated if the fine /lien is reduced to
the City's cost of $768.00 they would pay that to the City.
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the
reduction of fine for the property located at 2003 Nancy Ann Terrace to $768.00,
payable in 90 days or it reverts back to the previous amount. Motion carried 5 -0.
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City Commission Regular
February 7, 2012
12. Approval of Resolution to Create a Tri- City Partnership Between the Cities of Apopka,
Ocoee, and Winter Garden. (CRA Administrator Wagner)
City Staff has been working over the last year with the Cities of Apopka and Winter Garden and other economic
development partners that have a vested interest in economic development along the SR 429 corridor. Through
these meetings, it became apparent that the three West Orange cities have many assets in common, and that it
would be in each City's best interest to work together on a variety of issues, but most importantly, to align their
resources to implement an economic development strategy. All Cities agree that in doing so, the quality of life
and the economy of each City will benefit from this initiative.
The intent is to create a new organization that will address economic development and other mutually beneficial
issues. This new organization will represent approximately 120,000 residents and over 60,000 employees giving
the partnership parity with the largest cities, communities, downtowns and business districts in the Metropolitan
area. By pulling together joint resources, it is possible to heighten visibility and identity by creating a unique
brand for the area. This approach is working in many regions throughout the United States to cross -sell the
combined attributes of all the cities to create a synergistic economic development strategy.
Assistant City Manager Shadrix briefly explained that this is a tri -party partnership agreement
that would position the City of Ocoee, City of Winter Garden, and City of Apopka to work
together toward economic development goals and other mutually beneficial goals they may have.
The cities share a number of things culturally and from a resource standpoint and they have very
good working relationships. He further advised this group has been meeting for quite some time
on the 429 Corridor and its future. CRA Administrator Wagner added that what they are
actually requesting tonight is to approve a resolution that will be appearing before the other two
cities in the next week or two. Each resolution is exactly the same and staff from each city has
had a chance to review it. CRA Administrator Wagner said they have been meeting to try and
come up with various strategies to promote economic development in the tri -party area and feels
this is a great opportunity to have a synergistic type of economic development model.
Mike Bollhoefer, City Manager of Winter Garden, briefly spoke on the numerous opportunities
that will derive from this agreement. Commissioner Johnson said he believes Ocoee is behind
and needs to move forward and this is a great project that will help. Commissioner Keller
added that with the final Wekiva Loop opening up the timing is right for them to move forward
with the 429 Corridor. Commissioner Hood agreed and commented that this is a win -win
situation.
Mayor Vandergrift apologized for stepping out and said he thought he had heard that they were
going to put an elected official on the board and he feels that one from each city should be
appointed. Mr. Bollhoefer advised that they will be hitting the ground running with the
proposed projects and staff will be meeting with commission ahead of time for policy direction.
He advised the board will be meeting more frequently and working to move full speed ahead.
Commissioner Hood advised the Mayor that they will have a final say since everything will be
coming before the commission before they can move forward. Commissioner Johnson briefly
commended the City of Winter Garden for doing such a fine job with their city and downtown
area.
Commissioner Johnson, seconded by Commissioner Keller, moved to adopt
Resolution No. 2012 -002 creating a tri -party partnership between the cities of
Apopka, Ocoee, and Winter Garden per staff recommendation and approving a
$5,000 initial contribution to be taken out of contingency; providing the other two
municipalities give an initial contribution, as well. Motion carried 5 -0.
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•
City Commission Regular
February 7, 2012
The resolution as adopted carried the following title:
RESOLUTION NO. 2012 -002
A RESOLUTION PERTAINING TO THE CREATION OF TRI CITY
PARTNERSHIP FOR THE CITIES OF OCOEE, APOPKA AND WINTER
GARDEN; ESTABLISHING A NAME; ESTABLISHING GOALS;
ESTABLISHING MEMBERS; ESTABLISHING MEETING TIME FRAMES;
PROVIDING FOR FUNDING AND STAFF SUPPORT; PROVIDING FOR
TERMINATION.
I. STAFF ACTION ITEMS - None
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller said at the last meeting he had brought up the issue of outstanding code
enforcement liens on businesses and what can be done with those businesses' Business Tax
License if they are refusing to comply. He said he conferred with City Attorney Cookson and it
appears that the City can revoke the Business Tax License for not a business that is not in
compliance with the City's Rules and Regulations. Mr. Cookson added that the current Code
allows for that if a business in in violation of the code; there are some requirements where they
would give notice and come before the City Commission for a hearing. Commissioner Keller
said another option for city staff to get with Gray Roberson and try to change legislation on
occupational tax. He said he had worked on this somewhat and would like to add language to
1205.05 FS; Collection Of Code Enforcement Fees; Failure To Pay Code Enforcement Fees
stating: Any local government authority issuing a Business Tax Receipt to any individual
business or entity under this chapter may add to the renewal cost of such receipt any outstanding
code enforcement fines if the individual business or entity has unpaid code enforcement
violations.
He stated that would change the statute that would allow us to add accrued fines for Code
Enforcement on to their Business Tax License. He said this would allow the city to collect the
money and business will keep properties in compliance in the future knowing they will not be
able to renew their license without paying their code liens. He would like staff to work with
Gray Robinson to get legislation changed.
Commissioner Johnson said that we have had success getting homes to come into compliance
when we started enforcing it more; but the businesses are still not coming into compliance.
Consensus of the Commission was to direct staff to coordinate with
Commissioner Keller, City Attorney Cookson, and Gray Robinson, to make
recommendation on how to proceed.
Commissioner Johnson- asked Public Works Director Krug about the low hanging palm trees
coming out of Windermere Grove on Maguire. He stated that the limit the visibility to the south
and need to be trimmed. Mr. Krug said he would get that done. 2) he asked about the
landscaping on Blackwood; Mr. Krug said they are in the process of purchasing three palm trees
in that location 3) asked about the landscaping at Geneva and Bluford; Mr. Krug said they have
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City Commission Regular
February 7, 2012
been looking at that and found what appears to be irrigation meters there, and they will be getting
with utilities to find out exactly what it is. 4) asked Utilities Director Smith if there was
reclaimed water in Pioneer Key 1 as stated in the State of the City; he does not believe that is
correct. Mr. Smith said that is not correct. Commissioner Hood read what was actually in his
script for that and it did incorrectly state there was reclaimed water in Pioneer Key 1. 5) also
asked Mr. Smith about the reuse on the south side; he heard it would be ten years before they got
it to Windermere Groves. Mr. Smith said until the interconnect is finished, they are doing what
they can to keep the capacity up. They have a usage study done every year and Windermere
Groves is one of the higher usage areas. He said reclaim actually cuts down revenues; therefore
the 10 year plan is not as aggressive as it used to be. 6) asked about an issue brought up at the
Community Business Meeting regarding regulations preventing them from putting signs up on
the overpass bridge that we paid for on Maguire Road. Mr. Krug stated there are Federal
regulations that prevent that and he had previously witnessed threats of severe penalties for doing
a similar thing in Seminole County.
Commissioner Wilsen — 1) said that there are also low hanging palm fronds in the front of the
Ocoee community Center. Commissioner Hood said they also need to be cut along Maguire.
Commissioner Hood — 1) asked Fire Chief McNeil about a fire substation at the Westyn Bay
shopping center behind the police station. Chief McNeil said if the Commission wanted to do
that; they would redeploy Rescue 25 to the new substation. The costs have not been calculated
to modify the unit and do structural changes. Commissioner Hood said he had discussed it with
City Manager Frank and it would be around $15,000, but reminded the Commission they have
approximately $340,000 in a reserve fund to use for getting service up on the north end.
Commissioner Wilsen asked when they separate the Engine from the Rescue trucks; Chief
McNeil described various scenarios that could occur depending on the type of call. He said
staffing would not change, but there would need to be three promotions to Lieutenants so that an
Officer would be in the station on all three shifts; a cost of about $5000 per promotion.
Commissioner Hood asked if Winter Garden was ALS yet. Chief McNeil said they recently
announced that they are ALS on Engine 23. Commissioner Wilsen said she is concerned about
moving that Rescue unit that far north. There was some discussion about the logistics.
Consensus was that Chief McNeil would bring back information on staffing and
costs and they will consider it at that time.
2) Commissioner Hood said he had asked staff for information on organizations that use our
facilities. He distributed a memo from Parks and Recreation Director Hayes showing a list of
classes that are currently held at our facilities by outside entities. He noted how little they are
paying for our facilities and said that we are subsidizing businesses with taxpayer's money. He
said they are private businesses that charge whatever rates they want to and he would like to
know how much they are making while paying so little to use the facility. Classes included
Karate, Line Dancing, Square Dancing, Sumba, Youth Cheer, and Tennis, at costs ranging from
$1.91 per hour to $5.10 per hour to use our facilities. Commissioner Johnson said some of these
people are using rooms as their business offices. Mr. Hayes clarified that some of them use
storage at our facilities, that space is no longer available to the City. Commissioner Hood said
he wants a list of the participants with addresses, fees they charge, and contracts if they exist.
Mayor Vandergrift said we also need to make comparisons on how much it would cost to put
on the same type of classes. He thinks it would cost the City more to do it in house.
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13
City Commission Regular
February 7, 2012
Commissioner Keller said the best way to do it is to put out an RFP for these services and then
the city and the residents would get the best deal. Commissioner Wilsen said are the residents
benefitting from the fact that we are allowing people to use the facilities so cheap; is the savings
being passed down to them? Consensus was that was one of the questions that need to be
answered. Most thought they are not passing on lower rates than standard classes of the same
type. Commissioner Johnson and Commissioner Hood said if the City just paid someone to
come in and instruct such classes; they could control the costs to the residents. Mayor
Vandergrift stated we need to be fair to the residents, and the other Commissioners felt that it
would be fairer to our residents if the City hired the instructors and controlled the cost.
Commissioner Hood said the City frequently holds free classes or classes that have nominal
fees and he does not believe that is what the residents are getting currently. Another question is,
if there is a benefit, who is getting it; Ocoee residents or others outside the City?
There was discussion further discussion and the consensus was that staff should bring back more
information on those entities using the facilities that are operating as a revenue producing
business. Commissioner Hood said we also need to not allow such programs to have storage
space for free. He said if these people were volunteers he would have no problem with allowing
them to use the facility, but they are profit making businesses. He said allowing businesses to
have the facility for $2 per hour when they are making $30 -$40 per hour on each person in their
class is a crime and the City should not allow it. It is not in the best interest of the resident, it is
subsidizing businesses with the taxpayer's money.
Consensus was that staff should bring back the information previously asked for
so further discussion and direction can occur.
Mayor Vandergrift — 1) said that he was at Lake Meadow where the shooting occurred last
week and noticed there is a huge drop in the swale area from the drainage ditch. He wants to
find out what staff is doing to inspect these. He said this development is only five years old and
should not be in this condition. The City may be able to get the developer to fix it. 2) told
everyone good job on the state of the City 3) reminded everyone it is the 50 year anniversary of
Ocoee Little League.
ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
APPROVED:
Attest: City of Ocoee
., `..
" City Clerk S. Scott Vandergrift, ayor
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14
e Center of Good L.
Mayor �b 11-126,. Commissioners
S. Scott Vandergrift Gary Hood, District 1
Rosemary Wilsen, District 2
City Manager iO L_ U,J Rusty Johnson, District 3
Robert Frank `�� _ Joel F. Keller, District 4
OATH OF OFFICE
I, ROSEMARY WILSEN, do solemnly swear (or affirm) that I will support,
protect and defend the Constitution and government of the United States of
America and the State of Florida against all enemies, domestic or foreign, and
that I will bear true faith, loyalty, and allegiance to the same, that I am
entitled to hold office under the Constitution; that I will faithfully perform all
duties of the office of Commissioner of the City of Ocoee, which I am about to
enter, so help me God.
/ 'ati/2(5,
osemary ilsen, District 2
SWORN and Subscribed before me this
7th of FEBRUARY, 2012.
-4°4
f
: 'i' 6- L .
ikenberry, CMC
City Clerk
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone:(407)905-3100 •fax: (407)656-8504•www.ci.ocoee.fl.us
Center of Good L•
Mayor w lvg Commissioners
S. Scott Vandergrift �.. Gary Hood, District 1
Rosemary Wilsen, District 2
City Manager 1.. kif !, .A Rusty Johnson, District 3
Robert Frank '"��' r."" Joel F. Keller, District 4
OATH OF OFFICE
I, JOEL F. KELLER, do solemnly swear (or affirm) that I will support,
protect and defend the Constitution and government of the United States of
America and the State of Florida against all enemies, domestic or foreign, and
that I will bear true faith, loyalty, and allegiance to the same, that I am
entitled to hold office under the Constitution; that I will faithfully perform all
duties of the office of Commissioner of the City of Ocoee, which I am about to
enter, so help me God.
/,./45e1 F. Kelle , District 4
SWORN and Subscribed before me this
1th day of February,2012.
•
-r 7 04-64
ikenberry, CMC
City Clerk
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us