08-21-12 MINUTES
August 21, 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 City Attorney Scott Cookson. 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, Assistant City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentation by Ginger Cook of Central Florida Film Festival (CENFLO)
CRA Administrator Wagner briefly advised that the CRA has been one of the main sponsors
of the Central Florida Film Festival for the last several years. He further informed the
Commission that invitation for VIP's has already been distributed and the list is quickly growing.
Recognition was also made of Community Relations Manager Wright and the wonderful job she
has done with the publicity of getting all the posters and postcards out at various remote
locations. Ginger Cook presented a brief film highlighting some of the films that will be shown
at the CENFLO event. She briefly touched on the event schedule and encouraged those
interested to please go onto their website www .centralfloridafilmfesitval.com.
Presentation of Checks to the Following Charitable Organizations: Building Homes for
Heroes and Christian Service Center of Florida
Shorty Bowman, Ocoee Professional Firefighters Local 3623, announced every year their
organization is the recipient of tag monies which they like to give back to local charitable
organizations in the community. This year the recipient of the $2,800 is the Christian Service
Center, unfortunately the representative from that organization was unable to be present to accept
their check.
Mr. Bowman announced that they hold a St. Patrick's Day Festival every year in March to
fundraise money for Building Homes for Hero's and this year their charitable funds were
$3,333.38. Sgt. William Castello, on behalf of Homes for Hero's, accepted the check and
thanked the City and the Ocoee Fire Department for all that they do to help their organization.
He briefly explained the purpose of the Homes for Hero's organization and made a special
announcement that he would like to introduce Lance Corporal Kelly as the next recipient of the
mortgage free home. Public Works Director Krug added that Jeremy Kelly is also a member
of the city's Public Works team and they are proud to have him as part of their team.
Presentation of Ocoee Police Department Officer of the 2 " Quarter Award
CACOPD Advisory Board Vice Chair Victoria Laney and Chairman Rob McKey presented
the award of Officer of the 2 "d Quarter to Officer Joe Rodriguez for his involvement in
conducting eight in progress burglary arrests. CACOPD Vice Chair Laney also recognized
Officer Mullen and Whiting for their work in helping make robbery suspect arrest.
C. COMMENTS FROM CITIZENS/PUBLIC
City Commission Regular
August 21, 2012
Jim Sills, Lions Club Member, announced that this Friday, August 24 at the Ocoee Famer's
Market from 3pm to 8pm on McKey Street in downtown Ocoee, please join the Ocoee Lions
Club and Ford Motor Company partnering with Feed America with the 2013 Ford Escape
Hunger Drive. For each guest attending a hosted Hunger Drive, Ford will help provide 40 meals
to people at risk of hunger. This is a free event and for those who participate, their name will be
put in a drawing for a 2013 Ford Escape.
Joe Worsham, 9929 White Road, addressed the commission regarding the canal between Lake
Olympia and Starke Lake. He provided pictures to the commission that showed the many docks
that are currently out of the water. Mr. Worsham advised that by agreement of Orange County
and St. Johns Water Management District the flood control gates for the natural canal are to be
opened when Lake Olympia is low so that excess water from Strake Lake can flow into Lake
Olympia. In addition, the drainage wells on Starke Lake should only come into play during
emergency flooding situations. He explained the attempts that have been made to meet with
someone from Public Works which included involving the commission to help. At this time the
excess water from Starke Lake is being lost down the drainage wells into the underground
aquifer. He expressed his discontent of being told by the Public Works Department that the
wells cannot be plugged since in the past they have been blocked by approval of prior Public
Works personnel in charge at that time. Mr. Worsham said his is asking if the canal and pipe
can be properly serviced so that the residents in Lake Olympia can receive the access water that
is currently being tunneled down into the wells, that the sand and debris currently between the
gate and Starke Lake be removed, and that the drainage wells be closed. He further explained
the danger to the lake and the species in the lake due to the low water and is asking for the city to
take immediate action on this matter to stop the water from being lost.
Public Works Director Krug said he agrees with Mr. Worsham that this is the driest they have
seen the area in a very long time. He advised that the operation of the valve was turned over to
the city in 1988 but part of that also included a verbal agreement that the city would close off the
drain wells to accommodate raising the lake level. Public Works Director Krug commented
that he does not have a way to make that happen and the personnel from Public Works that Mr.
Worsham stated he spoke with is no longer with the city. He further expressed his concerns with
plugging the wells or blocking the drain with plywood, but there are acceptable other options
which will require approval from St. John's River Water Management District (SJRWMD).
Commissioner Hood inquired as to how much money they are looking at if they went with a
gate valve system. Public Works Director Krug answered roughly $30,000 - $50,000. He
further commented that he has not found any one on his team that can recall the wells ever being
plugged.
Mayor Vandergrift advised that when the drain wells were rebuilt roughly 15 years ago by the
city he was under the impression that they would be designed in such a way that they would stop
draining after the water received a certain height. Public Works Director Krug provided
exhibits and further discussion ensued on what type of valve could be used and which funding
source would cover the cost. Mayor Vandergrift said without obiection he would like
staff to bring back funding source and information on options for the next
agenda.
Mr. Worsham said he is very happy with the immediate action but he was wondering since they
have had 2/3 of the rainy season already and are losing all this water if a temporary fix can be
done. Public Works Director Krug said he is leery of just putting a ply wood board in front of
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City Commission Regular
August 21, 2012
the drain pipe because it would have to ne fastened to the structure and removed later
underwater. Discussion ensued on what a quick solution might be. Public Works Director
Krug assured the commission that anything they decide to do will be discussed with St. John's
Water District first.
Jim Sills, 205 S. Lakeshore Drive, said that he has lived on Starke Lake for over 27 years and
further explained that the reason the wells were worked on 15 years ago was because Starke
Lake was flooding the roads and the residents of Lake Olympia could not take any more water.
He commented that if they chose to block the drain again then the flooding can happen again.
Commissioner Hood said that is why he wants St. John's Management's blessing on anything
they do; he doesn't want the city to be liable. Commissioner Wilsen advised that whatever they
decide to do they just need to plan it and do it right.
Dick Luce, 126 Olympus Drive, said that he just wanted to point out that the operating schedule
that was provided earlier was dated March 28, 1986. He further added that the permit was
transferred over to the City of Ocoee in March of 1989. Mr. Luce said when the drain wells
were fixed 15 years ago what was to be taken into consideration was not taken into
consideration.
Edward Quinn, 1081 Coastal Circle, said he agrees with Mr. Worsham that there is a sensitivity
issue with the immediacy of this. He also agrees with the Commissioners on the liability of
doing it right. Mr. Quinn said he does not believe something on a temporary basis to redirect
the flow of the water is going to protect their property value. He further said they have three
issues: property protection, ecosystem protection, and safety issue which all out weight a
temporary fix. Mayor Vandergrift posed the question to the City Attorney; if the city does not
do anything quickly will they be liable to the residents on the lake. City Attorney Cookson
said there is always a liability with anything but he would be concerned with any kind of quick
fix that may be done without St. John's being fully on board with it. Mayor Vanderqrift said
without objection he would like staff to meet with St. John's and inquire if they
would approve a temporary fix.
Bob Darroch, 114 Olympus Drive, said the two lakes are interdependent and neither of them
have a natural outflow so it's very important that these drainage wells are done right. He advised
they have to address the issue of unplugging them and getting them clear so they will function
when the water is heavy or is going in that direction. Public Works Director Krug presented
exhibits that showed underground pipes and briefly explained how the structure was designed to
function.
D. STAFF REPORTS AND AGENDA REVIEW
Assistant City Manager Shadrix made the following announcements:
1) Handgun Safety Class - Saturday August 25, 2012, from 8:OOam to 1:OOpm. 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. Please
contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024 or at tlevin @ci.ocoee.fl.us.
2) Fiesta De Colors at Bill Breeze Park -- Saturday September 15, 2012, from 1130a.m. till
3:OOp.m. The City of Ocoee Police Department will be participating at this year's event.
The police department will be fingerprinting children and passing out child identification
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August 21, 2012
kits. The police department's robot will be attending the event and interacting with the
children. The police department's honor guard will also be participating at this year's
event.
3) Community Picnic — Saturday October 6, 2012, 11:00a.m. - 2:OOp.m. The picnic will
occur at Central Park, located at 560 Flewelling Avenue Ocoee, FL 34761. The City of
Ocoee Police Department will be hosting a free community picnic at Central Park. There
will be free food, drinks, games, raffles, prizes and more at this event.
4) At the applicant's request Iten1 #9 Approval of Villages of Wesmere Phase 3 Plat is to be
pulled and will he brought back at a later date.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller— Reminded everyone that school is in session, please drive carefully; an
accident occurred today in which a car hit a pedestrian child and broke both of the child's legs
Commissioner Wilsen — Founder's Day is November 2 and 3 Marketplace is currently
accepting applications with a change being made as some vendor space will be available Friday
evening.
Commissioner Hood — 1) Ocoee High vs. Orange City 7:30 p.rn. at home, 2) Pop Warner
football is traveling to South Orlando, they had a good showing against Winter Park, 3) Ocoee
Youth Soccer and Ocoee Little League is having fall ball registration this Friday and Saturday
you can register on the website. 4) Reiterated everyone to please drive safely as there are a lot of
children activities with school and sports.
Mayor Vandergrift — Ocoee High principal and head coach has invited the older Cardinal
players to be involved in homecoming through making donations to the school by purchasing
Cardinal uniforms to be worn on homecoming night, which will be sometime in October.
Donations are made to Ocoee High School football, cardinal homecoming on the memo line,
mailed to the school. Commissioner Hood inquired if additional uniforms can be purchased.
Mayor Vandergrift will research and provide the information in gazette.
rF. CONSENT AGENDA
Commissioner Hood, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #8 with Item #9 being pulled at the applicant's
request. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held August 7, 2012. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Appointment to the Citizens Advisory Council for Ocoee Police Department
(CACOPD). (City Clerk Eikenberry)
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City Commission Regular
August 21, 2012
Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has seven (7) members. One
application was recently submitted by Mr. Jose. B. Santana, Jr.
Approved on Consent. Motion carried 5 -0.
3. Approval of Certification of Non -Ad Valorem Assessment Roll for Solid Waste
Inclusion on the Orange County Tax Roll for Fiscal Year 2012/2013. (Public Works
Director Krug)
The City commission approved Resolution No. 2006 -003 to provide for collection of Solid Waste fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year
2012/2013 tax roll for Solid Waste calculates revenue to be $2,867,760. This is based upon the residential
Solid Waste fee of $21 per month. This is an increase of $68,544 from the current year and is attributed to
annexations and new homes.
Approved on Consent. Motion carried 5 -0.
4. Approval of Certification of Non -Ad Valorem Assessment Roll for Stormwater
Inclusion on the Orange County Tax Roll for Fiscal Year 2012/2013. (Public Works
Director Krug)
The City commission approved Resolution No. 2006 -003 to provide for collection of Stormwater fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non -ad valorem assessment roll by September 15th. The fiscal year
2012/2013 tax roll for Stormwater calculates revenue to be $3,260,821.83. This is an increase of $8,419.83
from the current year due to annexations, new homes along with corrections and adjustments of impervious
areas.
Approved on Consent. Motion carried 5 -0.
5. Award of the Term Contract for Cemetery Services to Quality Vaults and Monuments,
Inc. and Authorization for Staff to Negotiate a Final Price Schedule for Interment and
Inurnment Services. (CIP Manager Butler)
Traditionally, the City of Ocoee has not been involved in the operation of the City Cemetery on East Geneva
Street in that the City does not provide services such as opening and closing graves. (Staff does identify grave
sites at the time of need and permit monument installation.) During a review of local cemetery practices
conducted as part of the process that led to the decision to construct a columbarium at the Cemetery, it was
discovered that Ocoee is the only Central Florida city that does not provide consumer services related to its
cemetery.
Following further discussion, the City decided to undertake a stronger role in operation of the City Cemetery
using contractor services managed by City staff. Under City direction, the selected contractor would provide
services to the funeral industry and the general public related to interments and inurnments at the Cemetery.
The purchasing of materials, such as vaults, caskets, and monuments, would continue to be outside the scope of
City operations. The City issued a Request for Proposals (RFP) to solicit offers from qualified companies to
provide cemetery services as a contractor to the City. A single response from Quality Vaults and Monuments,
Inc. (Ocoee, FL) was received. The five assigned City staff members serving as a review committee examined
the proposal submitted and found that the offer met the requirements of the RFP. Staff additionally recommends
that the City Manager be authorized to establish a price schedule and other elements of a final contract for
services through negotiation with the contractor.
Approved on Consent. Motion carried 5 -0.
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6. Approval for Purchase of Fire Department Mask Fit -Test Machine. (Fire Chief
McNeil)
The FY 2011/2012 budget provided $2,000 to have a contractor do the Fire Department's required annual fit -
testing for self - contained breathing apparatus masks. The annual testing performed by the contractor is only
scheduled once per year creating a less than ideal situation when testing is needed for new hires and /or fitting
issues that arise outside of the scheduled annual testing.
In our research to be more efficient, it was discovered that we could purchase our own fit -test machine for
$8,470 ($8,860 including adaptor kit). $4,576 is available in 4606 (Equipment maintenance contracts) due to an
unexpected reduction in the Motorola Radio service contract. An additional $2,024 is available in account
#5202 (Operating) due to savings on furniture replacements. Those two amounts combined with $2,260
budgeted in account #5202 (Operating) for respiratory apparatus parts and testing make it possible to purchase
the Mask Fit -Test Machine.
Owning our own machine would allow the Fire Department to fit -test personnel whenever necessary and it also
gives us the ability to fit -test employees of other departments that may wear a respiratory protective mask as
part of their job. In addition, the purchase of the machine will negate the repetitive annual cost of hiring a
contractor to do the testing in the future.
Inadvertently, Purchase Order 1421356 was issued for the purchase of the machine without the proper required
Commission approval. However, the purchase order has been put on hold pending Commission approval for
the purchase.
Approved on Consent. Motion carried 5 -0.
7. Approval for Declaration of Surplus Property. (Purchasing Agent Tolbert)
A departmental listing of items is being requested to be declared as surplus property. A tentative listing was sent
to all departments allowing an opportunity for the departments to request any items meeting their needs; and
ultimately there were no requests for transfer.
In March, 2012, the City Commission approved a one (1) year contract with George Gideon Auctioneers for the
disposal of City surplus property. Any items that do not sell would be listed on the next scheduled auction day.
The surplus items will be delivered to the Gideon property located at 2753 N. Orange Blossom Trail (Hwy.
441), Zellwood, FL 32798. Gideon performs governmental auctions the third Saturday of each month;
therefore, the next available auction will be held on September 15, 2012 at 9:00 a.m. The auction will be
advertised in the Orlando Sentinel, the West Orange Times, and the City's Internet site.
Approved on Consent. Motion carried 5 -0.
8. Approval of Community Grant Program — July 2012 Cycle. (Community Relations
Manager Wright)
The Community Grant Review Board (CGRB) met on August 8, 2012, to discuss the 10 applications received
for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant
Program provides financial grants of up to $500 made to Ocoee non - profit organizations and civic groups
outside City limits which benefit residents of Ocoee. The grants are awarded twice yearly to acknowledge
excellence and further the contributions these local organizations bring to the Ocoee community.
There is $6,000 allotted for this cycle of the Community Grant Program. The Community Grant Review Board
voted to fund the 10 organizations in the amount of $5,000.
Approved on Consent. Motion carried 5 -0.
9. Approval of Villages of Wesmere Phase 3 Plat. (City Engineer Wheeler)
This plat is for phase 3 of the Villages of Wesmere subdivision which is a re -plat of Tract H of the Villages of
Wesmere Plat. The property is located at the southeast corner of Tomyn Boulevard and Maguire Road. Phase 3
consists of 82 single family homes and the associated amenities.
This item was pulled at the applicant's request.
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G. FIRST READING OF ORDINANCES
10. First Reading of Ordinance for Approval of Changes to the City of Ocoee Municipal
General Employees' Retirement Trust Fund Relating to Retirement Age, Vesting, and
Various Other Changes Affecting "Future" Employees. (Second Reading and Public Hearing
scheduled for September 18, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Human
Resources Director Williford)
With the continuing economic uncertainty staff has initiated these recommended changes in order for the
current and long -term sustainability of the plan. With lower investment returns, reduced city revenues and an
aging workforce these revisions are necessary for the future of the plan as well as the trend for public pension
plans in general.
City Attorney Cookson read the title of Ordinance. Mayor Vandergrift announced the second
reading and public hearing will be held on September 18, 2012, at 7:15 p.m. or soon thereafter.
11. First Reading of Ordinance for Hancock — 628 E. Silver Star Road. (Second Reading and
Public Hearing scheduled for September 18, 2012, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (City Planner Rumer)
The subject property is located on the North side of East Silver Star Road; 900 feet west of the intersection of
Woodson Avenue and East Silver Star Road. The proposed Annexation and Rezoning of the Hancock property
was reviewed at a Public Hearing by the Planning and Zoning Commission on August 14, 2012. The Planning
& Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/-
2.04 acre parcel of land known as the Hancock Property located at 628 E Silver Star Road.
a. Annexation Ordinance
b. Rezoning Ordinance to R -1A
City Attorney Cookson read the title of Ordinances. Mayor Vandergrift announced the
second reading and public hearings will be held on September 18, 2012, at 7:15 p.m. or soon
thereafter.
12. First Reading of Ordinance for Ocoee Oaks United Methodist Church — 101 S. Clarke
Road — PUD/Land Use Plan Amendment. (Second Reading and Public Hearing scheduled for
September 18, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner
Rumer)
The Ocoee Church of the Nazarene received PUD and Site plan approval for a three phase church on March 4,
2003. Condition "D" of the PUD Conditions of Approval provide that the approval shall be applicable only to
the Ocoee Church of the Nazarene and is not transferrable to any other owner without a public hearing and
approval of the City Commission. The Ocoee Oaks United Methodist Church is proposing to purchase the
property and does not intend to amend the approved site plan.
City Attorney Cookson read the title of Ordinance. Mayor Vandergrift announced the second
reading and public hearing will be held on September 18, 2012, at 7:15 p.m. or soon thereafter.
H. SECOND READING OF ORDINANCE - PUBLIC HEARING
13. Second Reading of City of Ocoee Economic Development Ad Valorem Tax Exemption
Ordinance. (At the request of staff Second Reading and Public Hearing is being postponed until the
September 18, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (CRA Administrator
Wagner)
Mayor Vandergrift announced the second reading and public hearing has been postponed to be
held on September 18, 2012. at 7:15 p.m. or soon thereafter.
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I. PUBLIC HEARINGS
14. Approval of Resolution Vacating the 5' Portion of the 15' Drainage & Utility Easement
Located at 1426 Carriage Oak Court — Applicant Cornell. (Advertised in the West Orange
Times on Thursday, August 9, 2012). (City Planner Rumer)
The 15 foot Drainage & Utility Easement is located at the rear yard of Lot 16, Carriage Oak, recorded in Plat
Book 18, Pages 40, also described as 1426 Carriage Oak Ct. (10- 22 -28- 1205 -00 -160). The applicant is
proposing to construct a pool that will encroach the eastern 5' portion of the 15' Drainage & Utility Easement.
The City Engineer has reviewed the drainage plan and has approved the vacation as it relates to drainage and
public utility lines. All affected utility companies were notified and staff received letters of no objection from
said companies.
City Attorney Cookson read the title of Resolution.
Mayor Vandergrift opened the public hearing and as no one wished to speak the public hearing
was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved for approval of
Resolution 2012 - ?? Vacating the 5' Portion of the 15' Drainage & Utility Easement
Located at 1426 Carriage Oak Court. Motion carried 5 -0.
15. Award of RFQ #1202, Exclusive Franchise for Residential Construction and Demolition
Debris Removal. (Advertised in the Orlando Sentinel Legal Classified on July 19, 2012, July 26, 2012,
August 2, 2012, and August 9, 2012). (Purchasing Agent Tolbert)
The City solicited statements of qualifications for the exclusive provision of Residential Construction and
Demolition Debris Removal, as defined in chapter 403.703 Florida Statutes as amended from time to time,
within the corporate limits of the City of Ocoee, Florida. The City has complied with the provisions of Section
403.70605, Florida Statutes, and approved on June 7, 2011, to proceed with the residential construction and
demolition debris removal franchise. Pursuant to Section 143 -12 of Chapter 143 of the Code of Ordinances of
the City of Ocoee, the City seeks to enter into a franchise agreement with multiple persons or entities, as
determined by the City Commission, to provide the aforementioned services within the City.
Purchasing Agent Tolbert explained that the city has complied with the provisions of Section
403.70605, Florida Statutes, and approved on June 7, 2011, to proceed with the residential
construction and demolition debris removal franchise. Pursuant to Section 143 -12 of Chapter 143
of the Code of Ordinances of the City of Ocoee, the City issued an RFQ to enter into a franchise
agreement with multiple persons or entities as determined by the City Commission. The
evaluation committee shortlisted four (4) out of the five (5) firms responding and staff
recommends that the City Commission award the exclusive franchise for RFQ #1202 to the four
(4) shortlisted firms, as well as, authorize the Mayor and City Clerk, to execute all documents
pertaining to the franchise agreement
Mayor Vandergrift opened the public hearing and as no one wished to speak the public hearing
was closed.
Commissioner Hood, seconded by Commissioner Wilsen, moved to Award RFQ
#1202, Exclusive Franchise for Residential Construction and Demolition Debris
Removal to Waste Pro of FL, Waste Services of FL, Waste Depot dba Waste
Works, and Samsula Landfill. Motion carried 5 -0.
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City Commission Regular
August 21, 2012
J. REGULAR AGENDA
16. Code Enforcement Reduction of Fine/Lien for Bank of America and a Contracted
Realtor for Property Located at 1500 Tangerwood Ct. (Assistant to the City Manager
Gaines)
This property was cited on January 1, 2011, by Officer Edward Loeffler as a nuisance to the public health,
safety and welfare. The property, a corner lot with no privacy fence, was littered with trash, junk and debris
visible to all neighbors, pedestrians and motor - traffic. On January 28, 2011, the property was re- inspected and
found non - compliant. The case was assigned number 11-019 and was presented before the Code Enforcement
Board on February 22, 2011. The Board issued an order to comply by March 11, 2011, or be fined $100.00 per
day. On March 22, 2011, an order imposing fine and lien was recorded. The location was routinely checked
five times by Officer Loeffler; May 2011 through January 2012 with related affidavits of continued non-
compliance. On March 24, 2012, Officer Loeffler observed the violation corrected and in- compliance. An
affidavit of compliance issued on the same date.
Bank of America Corp. is requesting the fine /lien amount of $37,700.00 be reduced or eliminated to help
facilitate a pending potential sale to a new owner. The Code Enforcement Board is recommending the fine /lien
be reduced to $1015.00 to cover the City's cost with an additional community impact penalty of $500.00.
Assistant to the City Manager Gaines gave a brief history of the case and announced the Bank
of America Corp. is requesting the fine /lien amount of $37,700.00 be reduced or eliminated to
help facilitate a pending potential sale to a new owner. The Code Enforcement Board is
recommending the fine /lien be reduced to $1015.00 to cover the City's cost with an additional
community impact penalty of $500.00.
Realtor John Toms, Weichert Realtors, spoke about the case. When asked when the property
was foreclosed upon, Mr. Toms replied January 2004. Assistant to the City Manager Gaines
added that the property came into compliance March 24, 2012. Commissioner Hood asked if
there is a buyer now. Mr. Toms replied affirmatively.
Commissioner Hood, seconded by Commissioner Keller, moved that the fine be
reduced to $1800 to be paid within thirty days or revert back to the original
amount of the fine. Motion carried 5 -0.
17. Return of Historical Artifacts in the Withers- Maguire House Museum to Donors and
Loaning Parties. (CIP Manager Butler)
In order to resolve the question of artifact ownership, the City Commission established a 60 -day public notice
period for persons who believed they owned artifacts in the Museum to file a claim seeking the return of their
property.
Pursuant to the legal notice placed by the City Clerk in the West Orange Times on June 6, 2012, claims were
filed by several organizations and persons for the return of artifacts purportedly loaned to the Withers - Maguire
House Museum.
CIP Manager Butler explained there were six claims pursuant to a legal notice placed by the
City Clerk in the West Orange Times on June 6, 2012 as follows:
1. Ocoee Historical Commission filed a claim for all items in the House.
2. Friends of Ocoee Historic Preservation filed an identical claim for all items in the House
as the successor organization.
3. Lester Dabbs seeks the return of dining room furniture and china.
4. Germaine Pounds has asked that an ice cream table and chairs loaned to the Museum by
her husband be returned.
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City Commission Regular
August 21, 2012
5. Harriot Roberts filed a claim seeking multiple items, including Singer sewing machine,
child -size iron black wood stove, fireplace gas burner, and 1940s radio.
6. Dean Maguire, acting for Elizabeth Maguire, filed a claim for golf clubs, tennis racquet,
teacher's book with student handwriting, fireplace screen, andirons, and Seminole Indian
dress.
City Attorney Cookson added that he has reviewed the documents as provided to Al Butler and
said there are two issues: items that were loaned to the city and items that were donated to the
city. He stated that items that were on loan to the city that are clearly documented as such will be
returned to the owners who made claims. Additionally, there is a provision in the donation
agreements that allow the city to return donated items to the donors. There was a lengthy
discussion with regard to the time frames to resolve the artifacts, giving city property to Friends
of Ocoee History that are not a corporation of any type, future use of the Maguire House as a
museum vs. meeting place, etc.
Lester Dabbs said he would like to clarify why he filed a claim. He advised when the notice
appeared in the newspaper he wanted to claim the furniture so the city could keep it and it would
not be given away. He stated he has since learned that donated items were in the possession of
the city and he is fine with that. He stated he and his wife would like to take the china, but
donate the remainder to the city. He also stated that since he did not file it as a donation in his
taxes back in 1998 he would like to get a receipt as to the value so he can possibly use it this
year. Consensus of the commission was that Mr. Dabbs could retrieve those items that he
wanted in the next 45 days, and the city would provide him with copies of the donation
documents for the items he is leaving for the city.
Jean Lovejoy asked if after the "state of the art" community center is done would they be
through with the Maguire House. Commissioner Johnson said they community center has
nothing to do with the Maguire House and the city is still very much involved with the Maguire
House. Commissioner Wilsen briefly explained that the City does not want to destroy anything;
they have put a lot of money into that home to keep it maintained and looking great. She said the
commission wants more people to see and use the beautiful home that demonstrates the history
of the city; at this time very few people are ever seeing it or even know about it. Commissioner
Keller reiterated they have no intention of taking away the museum aspect of the Withers -
Maguire Horne, if anything they are going to improve it. Many of the items will probably be re-
donated when the museum is resumed. Commissioner Hood cautioned Ms. Lovejoy that she is
developing impressions from things she is hearing out on the street and she needs to get the
actual facts. If residents are opposed to the community center, there is no better opportunity to
voice their opinion then now during the budget process and yet no one shows up for the budget
meetings. Mayor Vandergrift said he will be voting no because in his mind's eye they are
destroying the museum and turning it into a meeting room. Commissioner Wilsen advised she is
tired of the Mayor misinterpreting the commission's intentions to the community.
Commissioner Johnson agreed. There was discussion regarding holding a workshop.
Commissioner Wilsen, seconded by Commissioner Keller moved to return the
historical artifacts in the Withers - Maguire House Museum to donors and loaning
parties as recommended by staff and allowing 45 days to for claimants to pick up
such items.
• Personal property, such as cleaning supplies and equipment, purchased by the Ocoee
Historical Commission to operate the Museum should be returned to that group.
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City Commission Regular
August 21, 2012
• Artifacts sought by Germaine Pounds should be returned to her.
• The claims submitted by Harriot Roberts are denied due to a lack of supporting
documentation.
• The claims submitted by Dean Maguire for Elizabeth Maguire seeking the return of golf
clubs, teacher's book with student handwriting, fireplace screen, and andirons are denied
on the basis that they were donated by other persons. The tennis racquet and Indian
dress can be returned to Ms. Maguire.
All donated and unclaimed artifacts that are not picked up are the property of the
City of Ocoee.
Further discussion clarified the motion and gave direction to staff:
• All dining room furniture and china donated by Lester Dabbs should be returned to him
along with documentation regarding their value.
• Staff is to work with interested citizens to identify those artifacts in the Collection that
are appropriate for display in the House and donate to other qualified area museums those
artifacts that can be more appropriate for them to display.
• Staff is to work with interested citizens to develop various scenarios as to the
arrangement of historical displays and other elements of the Museum. A City
Commission workshop will be scheduled in October to consider those scenarios.
After the discussion, vote was taken:
Motion carried 4 - 1, with Mayor Vandergrift opposing
There was discussion among the Commission about how they needs to leave the meetings as one
unit, even when you are the one who may not have been in the majority decision.
A. STAFF ACTION ITEMS - -
B. COMMENTS FROM COMMISSIONERS
Commissioner Keller— None
Commissioner Johnson — None
Commissioner Wilsen- Reminded everyone there is no Commission Meeting on September 2nd
Commissioner Hood — Reminded everyone of the Budget Meeting August 29
Mayor Vandergrift — Discussed the purchase of OHS homecoming shirts to make money for
the football program.
ADJOURNMENT
The meeting was adjourned at 9:29 p.m.
APPROVED:
• st: City of Ocoee
Bet enberry, City Clerk S. Scott Vandergrift, Ma 'r
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