04-17-12MINUTES
April 17, 2012, 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 Wilsen. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift (absent),
Commissioner Johnson, and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamations - Water Conservation Month — April 2012
City Manager Frank, on Mayor Vandergrift's behalf, announced and proclaimed April 2012
as Water Conservation Month.
Proclamation - PowerTalk21 Day — April 21, 2012
City Manager Frank, on Mayor Vandergrift's behalf, announced and proclaimed April 21" as
PowerTalk21 Day.
C. COMMENTS FROM CITIZENS/PUBLIC
Charlie Mae Wilder announced that on Saturday, April 21" the West Orange Citizen Action
Coalition is hosting a Free Community Health Fair for Children and they are asking for support.
Their organization serves children in Winter Garden, Ocoee, Tildenville, and Oakland. They are
inviting children from all these areas to attend this free event. Mayor ProTem Hood said he has
placed a flyer on the dais for the commission to review. He asked if this event is being held in
the Orlando Magic Recreation Center. Ms. Wilder said this event is being hosted both at the
Magic Recreation Center and Mildred Dixon Activity Center. Mayor ProTem Hood inquired if
their organization went to Winter Garden or any other cities were going to participate. Ms.
Wilder said they do have confirmation from Winter Garden. Commissioner Keller said he
notices a permission slip and inquired if parents should be filling that out in advance. Ms.
Wilder said they can fill it out in advance or they will provide some on site. Mayor ProTem
Hood said he would like the city to offer having this event put on the Ocoee TV as soon as
possible. City Manager Frank said they can have it televised on Ocoee TV by tomorrow
morning. Ms. Wilder briefly announced that parents with children 12 and under to please
accompany them to the event or have an adult accompany them. She also added if the child has
allergies or medical conditions to please add that information to the permission slip.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank made the following reports:
City Commission Regular
April 17, 2012
1) The Police Department will be sponsoring the Handgun Safety Class on Saturday, April 21,
2012, from 8:00a.m. to 1:00p.m. This is a free handgun safety class taught by Ocoee Police
Officers.
2) The Teen Police Academy is scheduled from July 91h - July 13, 2012, from 10:00am till
1:00pm. The event will take place at High Point Church, located at 476 Ocoee Commerce
Parkway Ocoee, FL 34761. To register for the Teen Police Academy contact Officer Teddy
Levin at 407-905-3160 ext. 3024 or at tlevin@ci.ocoee.fl.us.
3) The Parks and Recreation Department will be hosting its monthly Food Truck Friday event
on Friday, April 20th, 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 WaFeet Two"
will be shown during the event; the movie will start at 8:00 p.m.
4) The City of Ocoee Parks and Recreation Department will be hosting its annual Big Orange
Games on Saturday, May 5th at the Ocoee High School Football Field. Opening ceremonies
will be held at 9:15 a.m. and the games will begin at 9:30 a.m. For more information contact
the Beech Recreation Center at 407-905-3180.
5) The Ocoee Family Aquatic Facility will open for the 2012 season on Saturday, May 5th
starting at 11:00 a.m. Information on the pool hours and admission costs can be found on the
city's webpage www.ocoee.org or by calling the Beech Recreation Center at 407-905-3180.
6) The Parks and Recreation is accepting registration for its Summer Camp Program.
Registration is open for all resident and non-resident children, ages 5 to 14 years of age. The
Summer Camp will run from June llth to August 17th. For more information contact the
Beech Recreation Center at 407-905-3180.
7) The Ocoee Fire Department will be providing a FREE Friends and Family CPR class. The
class will be held at Ocoee Fire Station 25 on April 25, 2012. The class starts at 6:00pm
and will be approximately 2 hours in length. For more information please contact Corey
Bowles at the Ocoee Fire Department (407-905-3140).
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Feller reminded everyone that FCAT's are this week and students should try to
get good rest and have a healthy breakfast before school.
Commissioner Johnson — had no comments
Commissioner Wilsen- had no comments
Mayor Pro Tem Hood— 1) reminded everyone that May 5, 2012, will be the 81h annual Ocoee
Lion's Club Tournament at Forest Lakes Golf Club. Shot gun starts at 8:15am and the cost is
$70/person or $250/foursome. For information please contact Cathy Sills. Mayor Pro Tem
Hood said he thought it was in the budget that the city was going to support this event by
purchasing a foursome ($250) and a hole sponsorship ($150). Commissioner Wilsen inquired if
there was money in contingency. City Manager Frank clarified that he spoke to the Finance
Director after the last commission meeting regarding the need for a budget amendment of
$79,000 for the temporary fire station and she said it was not necessary, so there is no hold on
those funds from contingency, and there is still approximately $81,000 in contingency.
Mayor ProTem Hood, seconded by Commissioner Keller, moved to approve the
sponsorship for the Ocoee Lion's Club Golf Tournament in the amount of
400.00.
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April 17, 2012
Commissioner Wilsen commented that she would just like that if events such as these are not
put into the budget that they please send them to go before the Merit Board. Commissioner
Keller said he also recalled this being put into the budget. City Manager Frank said they did
look into it but this was not one of the events they had budgeted for.
After discussion, the motion carried 4-0 with Mayor Vandergrift absent.
2) announced the Ocoee Police Department is doing their 17th Police Academy which is
scheduled to start May 9, 2012, and continue every Wednesday from 6:00 — 9:00 p.m. For more
information contact Officer Levin. 3) announced the firefighters are doing their Base Camp Golf
Tournament on May 12, 2012, at Stoneybrooke Golf Course and for information contact Fred
Bowman. 4) announced Spring Lake Elementary is having a community meeting on April 30th at
6:00 p.m. in the cafeteria. This meeting will be pertaining to the new school that will be built in
2015 to replace the existing school. He encouraged everyone to attend. Commissioner Keller
asked if they could notice that meeting so that more than one commissioner could be present.
Mayor ProTem Hood asked the City Manager if he could also televise it on Ocoee TV. He
figured it is too late to get the information on the water bill. City Manager Frank confirmed it
is too late for the water bill, but said he will have staff place it on Ocoee TV in the morning.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Consent Agenda Items #1 through #5. Motion carried 4-0 with Mayor Vandergrift
absent.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations
Diversity Board has eleven (11) members and their resolution allows no less than seven (7) members and no
more than fifteen (15) members. One application has been received from Ronald Pierce with an interest in
serving on the board.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
The work was originally awarded to AECOM for $18,372.00 through a purchase order issued under the City
Manager's authority. AECOM was selected for the work because it was providing roadway design services to
FDOT and the utility work was to be done through an FDOT Utility Work by Highway Contractor Agreement.
The change order supplement, which reflects additional design work on the project, will bring the total amount
of the award to $31,658.00.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
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City Commission Regular
April 17, 2012
The Ocoee Town Center project is located at the northwest corner of West Colonial Drive (SR 50) and Bluford
Avenue. The total project includes approximately 36.08 acres of land. The phase 1 portion of the project
encompasses approximately 8.60 acres of commercial development and is located along the frontage of West
Colonial Drive and Bluford Avenue near the intersection. The project includes approximately 12.78 acres of
undeveloped land and 14.56 acres of Lake Bennet and wetland and flood plain buffers.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
The City has historically utilized the County solid waste management system to dispose of residential and
commercial solid waste. The interlocal agreement between the City and Orange County expired on September
18, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to
receive County solid waste management services under the terms of the expired interlocal agreement for 180
days while a new agreement was reached. A new interlocal agreement was not negotiated within the 180
extension with the County Commission electing to take a step back and re-evaluate their current rate structure
before going forward.
Due to the County's prolonged rate evaluation process, leaving the City unable to negotiate a new contract, and
the expiration of the letter of intent, Public Works seeks City Commission authorization to continue to use the
County solid waste management system to dispose of residential and commercial solid waste until a new
agreement is reached or September 30, 2012.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
G. PUBLIC HEARINGS - None
H. REGULAR AGENDA
On June 7, 2011, the City Commission unanimously approved proceeding with franchising the residential
construction demolition debris collection (C&D) within the City and directed staff to solicit 4 to 5 firms to
provide this service. Staff intends to proceed with a Request For Proposals (RFP) for the residential C&D
franchise based on previous Commission direction utilizing one of the following franchise fee options:
1. Collect a percentage based franchise fee that is applied on top of the vendor's invoiced residential
C&D billings. A 20% fee is used in the City's Commercial Solid Waste Franchise.
2. Collect a flat fee for each time a container is collected (referred to as a "pull"). Based on the current
industry average cost per pull, a 20% fee would approximately equal $50 per pull.
Staff recommends proceeding with soliciting an RFP for the Residential C&D franchise utilizing a 20%
franchise fee structure applied to the collected vendor billings for the service.
Public Works Director Krug said this is an update and staff is seeking direction. He further
stated that last June the commission had directed staff to proceed with soliciting 4-5 firms for
franchise residential C&D construction demolition debris service. They are in the process of
implementing the franchise and will be going out for RFP soon. After reviewing other
municipalities on what they have, they found them to be very cumbersome and labor intensive.
Public Works Director Krug said they have come up with two proposals and would like the
commission's insight on them.
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City Commission Regular
April 17, 2012
The proposals are:
1. Collect a percentage based franchise fee that is applied on top of the vendor's
invoiced residential C&D billings. A 20% fee is used in the City's Commercial Solid
Waste Franchise.
2. Collect a flat fee for each time a container is collected (referred to as a "pull").
Based on the current industry average cost per pull, a 20% fee would approximately
equal $50 per pull.
Staff recommends proceeding with soliciting an RFP for the Residential C&D franchise utilizing
a 20% franchise fee structure applied to the collected vendor billings for the service. Recent
construction activity within the City utilizing both options would represent annual revenue of
approximately $14,000. The potential for increased revenue will improve as new construction
increases.
Commissioner Wilsen said they had spoken about this at one point but due to the economy it
wasn't the right time. She further inquired what the cost would be regarding monitoring. Public
Works Director Krug said it would be set-up with the selected vendors and once the franchise
becomes official, which the State Statues allows them three years open service, the vendor will
then provide the service and provide a monthly audit. Commissioner Johnson inquired as to
who would be picking the vendor. Public Works Director Krug said they have not determined
that yet. City Manager Frank said they were directed to pick 4-5 vendors and once they do
then they can forward the information onto the commission. Commissioner Johnson clarified
that staff is getting the vendors together and will be sending the information to the commission to
choose them. Public Works Director Krug said they can do that. City Manager Frank said if
they want staff to collect the information and then hand the commission the raw data to review
that would not be a problem. Commissioner Wilsen said she would like clarification because
she feels staff would know more than anyone as to what companies they should be dealing with.
Public Works Director Krug explained there will be certain requirements. City Manager
Frank explained that for the next two years the city has to let anybody come in but after the two
years when they go out for an RFP then they would have to put thought into choosing a provider.
Public Works Director Krug said at this point they are not trying to exclude any vendors and
they are trying to structure this service to provide as much competition and be fair to the
contractors who will be using them.
Commissioner Keller, seconded by Commissioner Wilsen, moved to proceed with
the Residential C & D Franchise, Option 1 — utilizing a 20% franchise fee structure
applied to the collected vendor billings for the service, per staffs
recommendation. Motion carried 4-0 with Mayor Vandergrift absent.
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April 17, 2012
a. Deutsche Bank National Trust Co Tr.
The property located at 419 Abbeyridge Court was cited on September 15, 2010, for violations of Ocoee
Code of Ordinance 115-6 abandoned unsafe swimming pool. The code violations were for the swimming
pool water being dirty and green. The Code Enforcement Board issued an order to comply by November 5,
2010, or be fined $100.00 per day. On August 16, 2011, a re -inspection was performed and observed the
swimming pool to be in compliance.
The fine accrued to date is $28,400.00 plus City's administrative cost of $717.36, totaling $29,117.36. On
March 27, 2012, the Request of Reduction of Fine was heard before the Code Enforcement Board and the
board's recommendation was to reduce the payment to $3000.00, plus City's cost $717.36 for total of
$3717.36.
Assistant to the City Manager Gaines gave a brief history of the code violations for this case
advising the total cost in fine $29,117.36. On March 27, 2012, the Request of Reduction of Fine
was heard before the Code Enforcement Board and the board's recommendation was to reduce
the payment to $3000.00, plus City's cost $717.36 for total of $3717.36.
Laura Ballard, Robertson, Anschutz and Schneid Law Firm, representing American Home
Mortgage Servicing, Inc. and Duetch Bank stated that American Home Mortgage began
foreclosure action and later Quit Claimed the property to Duetch Bank (current owner). She
stated that the foreclosure action is over; she does not know whether or not American Home
Mortgage got notices at that time the law firm was handling the foreclosure, however they when
they got the notice in December the property was cleaned up within a few weeks.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
reduction of fine to $3717.36 to be paid within 90 days or it reverts back to the
original fine. Motion carried 4-0 with Mayor Vandergrift absent.
b. American Home Mortgage Servicing Inc. c/o Law Offices of Daniel C. Consugera
On July 7, 2011, a Minimum Standards Housing Inspection was conducted at 419 Abbeyridge Ct. and eight
(8) code violations were observed. On September 27, 2011, the Code Enforcement Board found the
respondents in violation as cited and issued an order to comply by October 28, 2011, or be fined $100.00
per day per violation. On October 31, 2011, the property was observed to still be in non-compliance.
On October 28, 2012, the property was observed to be in compliance, with an accrued fine totaling
$44,000.00. At the March 27, 2012, Code Enforcement Board Meeting, the respondent stated that the Law
Offices of Daniel C. Consuegra are no longer involved with this process and that may have delayed "Proof
of Service". The board recommended reducing the fine to $3,000.00.
Assistant to the City Manager Gaines showed photographs gave a brief history of the code
violations for this case advising the total cost in fine $44,000.00. At the March 27, 2012, Code
Enforcement Board Meeting, the respondent stated that the Law Offices of Daniel C. Consuegra
are no longer involved with this process and that may have delayed "Proof of Service". The
board recommended reducing the fine to $3,000.00.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
reduction of fine to $3000.00 to be paid within 90 days or it reverts back to the
original fine.
Commissioner Keller said that he is concerned with this process where the property sits there as
an eyesore for the neighbors and the bank does not pick up the foreclosure so they are not
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City Commission Regular
April 17, 2012
responsible yet. He thinks we should look into something to force the banks to take care of the
property earlier. There was discussion about taking over maintenance of lawns, which created a
special assessment lien. Commission Johnson said the banks are in no rush to take
responsibility for the property so the foreclosure action takes years. He stated he called Bank of
America on a property in his district and they just told him they didn't have time to do anything
with it. Commissioner Wilsen said she knows everyone is dealing with these issues at this time;
however it is not fair for the residents to be burdened with these abandoned homes.
Commissioner Keller he would like to make an example of one of them and not forgive or
reduce the loan; as it stands they are certain that they will get a reduction once they get a contract
for sale.
Motion carried 4-0 with Mayor Vandergrift absent.
On December 06, 2010, the property located at 955 Chicago Ave. was observed to be vacant with house and
mother-in-law house over garage, and accessory structures, in poor condition and un-secured. Also
miscellaneous trash/debris on property. On February 22, 2011, the Code Enforcement Board found the
respondents in violation as cited and issued an order to comply by March 11, 2011, or be fined $150.00 per day
per violation. On March 15, 2011, the property was observed to still be in non-compliance.
On February 03, 2012, the property was observed to be in full compliance, with an accrued fine totaling
$98,400.00. At the March 27, 2012, Code Enforcement Board Meeting, the property manager stated that the
costs to bring this property into compliance exceeded $35,000.00 and that funding was not available until
recently. The board recommended reducing the fine to $5,000.00.
Assistant to the City Manager Gaines showed photos and gave a brief history of the code
violations for this case and advised the house has been demolished and the total cost in fine
$98,400.00. At the March 27, 2012, Code Enforcement Board Meeting, the property manager
stated that the costs to bring this property into compliance exceeded $35,000.00 and that funding
was not available until recently. The board recommended reducing the fine to $5,000.00. The
property manager advised the development is pending.
Jimmy Dunn, winter Garden, representing Lake Bennett Village said the correct cost to bring
to compliance was actually $9500 for demolition of the property. He said there is a lot of history
to this property and although they tried, the economic times prevented earlier compliance. They
are requesting a reprieve from the city. Commissioner Johnson said that property was in
disarray before this developer got possession of it and he would like to further reduce the fee
from the Code Enforcement Boards recommendation to cover staff costs only which is
$1,520.43.
Commissioner Johnson, seconded by Mayor ProTem Hood, moved to reduce the
fine to $1,520.43 to be paid within 90 days or it reverts back to the original fine.
Motion carried 4-0 with Mayor Vandergrift absent.
I. STAFF ACTION ITEMS
None
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City Commission Regular
April 17, 2012
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller— none
Commissioner Johnson— said that the weeds need to be cut in the median on Blackwood
Avenue. Parks and Recreation Director Hayes said Valley Crest is taking that over starting
tomorrow. The operations manager met with them today to discuss it.
Commissioner Wilsen- reminded all the volunteers in the city that the Volunteer Appreciation
Dinner is tomorrow night at Ison Center. City Manager Frank said invitations have been sent
and he looks forward to seeing everyone tomorrow.
Commissioner Hood— 1) said some trimming was done around Lake Moxie and he was
wondering if they were going to go back to clean around the area on the NW side where the
water collects. The cattails need to be cut down. Public Works Director Krug said they are
finishing up some work on Highway 50 and then they will be back to complete that area 2) said
there are palm trees out at Central Park and other parks throughout the City that need to be
trimmed 3) said, on Ingram Road, there are poles but no lights and he was wondering if lights
can be put up because it is very dark and dangerous out there. Mr. Krug said he will get with
-City Engineer Wheeler and Progress Energy and look into costs for lighting up that area.
Commissioner Keller suggested they should include looking into the use of LED lights
4) announced that the phone has been ringing off the hook regarding the noise ordinance; he
asked for clarification on a state statute that prohibits enforcement of loud noise if it is coming
from a vehicle. He asked if there is a vehicle parked in a yard, doors open, people drinking and
partying, and music blasting; we still cannot enforce that? Deputy Chief Goclon stated he does
not believe the state statute, which is intended for moving vehicles, is applicable in a case like
that; they should still be able to enforce it through the city's noise ordinance. DC Goclon said
the overturning of the state law set them back a bit on how officers are interpreting it; they will
have to address and retrain their understanding of the law.
ADJOURNMENT
The meeting was adjourned at 8:10 p.m.
Attest:
kenberry, City Cl
APPROVED:
City of Ocoee
S. Scott Vandergri t, MayoX
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