Item #01 Approval of Minutes OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
November 6, 2012 MINUTES 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Pro Tem Hood 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 Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Mayor ProTem 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
C. COMMENTS FROM CITIZENS/PUBLIC
Yvette Cox, 2678 Alclobe Circle, addressed the commission regarding her concern with the
Dollar General being built in her backyard. She advised that she has viewed the proposed layout
of the store and it shows that one of the entrances or exit is being put right in their driveway. Ms.
Cox inquired if it was possible for citizens to be added to next week's agenda. Commissioner
Wilsen shared that City Planner Rumer could comment on their concerns because it is her
understanding that there will not be a public hearing on this issue. She further advised the
driveway in question is a public street. City Planner Rumer explained that the project is a
12,000 square foot retail building to be used as a Dollar General and it does meet the 25,000 foot
threshold for large scale project which by code is reviewed as a building permit. The applicant is
not requesting any waivers to the code nor is the development agreement required for this site
plan so there is really no procedure before this commission.
Commissioner Wilsen shared that she and City Planner Rumer both attended the meeting with
the HOA in which the builder was present and she felt the builder was trying to work with the
HOA. City Attorney Cookson advised that from the city's standpoint if this is done at a staff or
administrative level they will be running into some issues if they are going to bring this before
the commission to move away from their normal way of approving projects. He further said it
seems to him that the meeting with the developer, HOA, and city staff is the way to go. Ms. Cox
clarified that it would not be coming before the commission as a public hearing. Commissioner
Keller answered affirmatively and said that it is basically a commercial property, which is not
asking for anything that should not be allowed on that commercial property, so there is no reason
for it to come before them. Further discussion ensued on the concerns of the driveway which was
addressed at the meeting with the developer. It was advised by the City Attorney that Ms. Cox
work with City Planner Rumer to get contact information for the developer and for the HOA to
try and work directly with the developer. City Attorney Cookson said residents are more than
welcome to speak at the commission meeting but there will not be anything for the commission
to decide regarding this property.
City Commission Regular
November 6, 2012
3. Award of Bid #B13 -02 Peach Lake Manor Drainage Improvements Phases 1 &2 to
Westwind Contracting Inc. in the amount of $874,713.00. (Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified
contractors to construct the Peach Lake Manor Drainage Improvements Phases 1 & 2 (Project). All work for the
project shall be designed and constructed in accordance with the drawings and specifications prepared by
Singhofen & Associates, Inc. as subsequently modified by the City of Ocoee. Bids shall be deemed to include
all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and
services, including all labor, for the work. There were a total of eight (8) bids received and Westwind
Contracting Inc. was the lowest qualified bidder.
Approved on Consent. Motion carried 4 -0 with Mavor Vandergrift absent.
4. Approval of Workers' Compensation and Employment Settlement Agreement with
Employee. (Human Resources Director Williford)
employee in the Police Department has agreed to settle current and future worker's compensation claims for
$24,500. The employee would not seek future benefits under the Florida Statues and Collective Bargaining
Agreement. The employee would be placed on an inactive status and end employment with the City
permanently after the Pension Board considers a disability pension.
Approved on Consent. Motion carried 4 -0 with Mavor Vandergrift absent.
5. Approval to Purchase New Police and Heavy Truck Tire nd Sole Source Heav Truck
Tire Recapping. (Public Works Director Krug)
The Fleet Division budget for Fiscal Year 2012/2013 includes the replacement of Police vehicle tires and heavy
truck tires. The City has researched pricing and found Boulevard Tire Center provides the lowest pricing
available through the Florida Department of Management Services Contract No.: 863 - 000 -10 -1 (Tires) for new
Police tires and new heavy truck tires. The majority of the heavy truck tires replaced during the year are for the
Sanitation Division's fleet.
The above mentioned contract did not solicit pricing for recapped heavy truck tires; however, the City has
purchased recapped heavy truck tires through Boulevard Tire Centers in the previous fiscal years as the other
local distributors were not willing to provide recapped tires for the same, or lower price than Boulevard is
quoting to the City and this continues to be the case in the new fiscal year.
Public Works recommends awarding a purchase order to Boulevard Tire Center based on pricing from the
Florida Department of Management Services contract for new Police tires and heavy truck tires.
Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent.
6. Approval of Maguire Road Median Landscape Improvements With Valley Crest
Landscape Maintenance. (Public Works Director Krug)
The City has been working with Valley Crest Landscape Maintenance on an improved landscape solution for
the Maguire Road corridor south of the Turnpike with a focus on low maintenance plantings that have a history
of thriving in a roadway median environment with minimal watering. The proposed improvements begin with
the removal of existing plants that have out grown the confines of the medians or have reached the end of their
life cycle. The existing irrigation will be modified and new plants and ornamental trees installed.
Public Works recommends awarding this work to Valley Crest, the City's landscape maintenance contractor, as
they will be providing the Society Garlic plants at no charge to the City as a warranty replacement for the
former perennial peanut beds at the median tips. Public Works has reviewed the pricing and found it to be in
line with industry standards.
Public Works will provide the maintenance of traffic control through the work zones for this project to reduce
the costs to the City. Public Works recommends awarding this work to Valley Crest.
This item was pulled for separate consideration.
Commissioner Johnson inquired about getting conformity here as with our other roads such as
Clarke and Silver Star. He looked at it and we have beautiful crepe myrtles in some places, as
well as garlic plants and ground cover. He added that when you come out of Windermere
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City Commission Regular
November 6, 2012
Groves you cannot see to the right. Public Works Director Krug said the proposal is for
Coontie Palms; those are the ones that are growing into the road and they don't look good if you
trim them back. The idea is to remove those, supplement wherever there are crepe myrtles that
have died or need to be added, and also add society garlic and dwarf viburnum plant and ground
cover in areas where it is unsafe to mow. Commissioner Hood also noted that the bullnose area
of the Clarke and Silver Star, Valley Crest workers are dropping with the mower when they
make a turn and come back onto the grass and they are burning that area. When you do that, he
grass does not return, it fills with weeds. They also need to stagger their cuts because they are
getting ruts everywhere; Clarke is starting to look bad. Mr. Krug said he will meet with Valley
Crest to take care of those issues. Mr. Krug added, that with respect to Maguire, aside from
easier maintenance, this change will help with sight distance, too. Commissioner Johnson said
to make sure there is additional landscaping done near Roberson also. Mr. Krug said that is part
of the plan. There was discussion about the budgetary issues; Mr. Krug said we have money left
over from doing Clarke Road (in- house) that allows them to fund this project, and they are also
handling the lane closures in -house to save money. There was discussion with what might be
done with any other money left over from Clarke Road, to which Mr. Krug said he will get with
the City Manager on that.
Commissioner Johnson, seconded by Commissioner Wilsen, moved for approval
of Maguire Road Median Landscape Improvements With Valley Crest Landscape
Maintenance. Motion carried 4 -0 with Mayor Vandergrift absent.
7. Approval to Purchase Digital Radio System for the Sanitation Division. (Public Works
Director Krug)
I he Sanitation Division budget for Fiscal Year 2012/2013 includes the purchase of a digital radio system to
replace the obsolete analog system currently being used. Public Works has solicited pricing through Motorola
Solutions, Inc., utilizing State of Florida Contract # STC 725 - 500 -12 -1 — Land Mobile FM or PM
Communications Equipment (Two -Way Radios). The Sanitation Division has been using a radio system for
two years in place of cell phones to simplify the communication throughout the Team. Utilizing the radios
keeps all Team Members aware of what is happening on routes and allows multiple drivers to efficiently
respond to service issues and emergencies.
Public Works recommends awarding a purchase order to Motorola Solutions, Inc., based on pricing from the
State of Florida Contract referenced above.
Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent.
8. Approval to Purchase a Decorative Fountain for Lake Bennet. (CRA Administrator
Wagner)
As part of the CRA Beautification Program along the SR 50 corridor, g45,000 has been included for a lighted
decorative fountain in this year's capital budget. Staff has researched many fountains in the area and consulted
with various fabricators. Fountain Design Group has been the City's main provider for fountain maintenance
and is the industry leader for custom fountains of the size and type needed for this installation.
As a result of our contacts with this company, the City has been offered the opportunity to purchase a custom 15
HP fountain with added jets and lights that had been ordered and then cancelled by a large south Florida
developer. As a result, the City will receive a discount of approximately $4,000.00 for a fountain that matches
our needs perfectly. Due to the need to properly locate the unit near the middle of Lake Bennet, the quote
includes the cost of upgraded copper wire to efficiently power the fountain. The cost also includes the control
panel for the fountain and electrical hook -up. However, the CRA will incur an additional cost to have our own
electrician provide a meter pedestal and disconnect to service the unit. The total cost will be $41,092.00 to be
covered from the CRA Capital Improvement Budget.
Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent.
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City Commission Regular
November 6, 2012
9 . Approval for Allocation of $33,000 to Cover Shortage in General Fund Legal Expense
for FY 2012. (Finance Director Horton) " ° " "��
Expenses for general fund legal services exceeded the budgeted amount for fiscal year 2012. The expenses
were higher than anticipated due primarily to charges relating to a lawsuit resulting from failure to perform on a
bid award (Mercon) and secondly, charges for labor negotiations with the police labor union.
Staff recommends the city commission approve the transfer of funds from the Fiscal year 2012 contingency in
the amount of $33,000 to cover the shortage in general fund legal fees.
Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent.
10. Approval of Renewal of ki • + J . r' • 4 • :. 1.1 • o through SHI. (Infor 1 inn,
Systems Manager Ross) A 16,1 A x
On December 15, 2009, the Mayor and City Commission approved a three year Enterprise A greement with
Microsoft through Software House International (SHI) as the state contract holder for Microsoft software. The
term of the contract is up, and the City has the option to renew for an additional three years. Renewal of the
contract allows the City access to the latest versions of Microsoft server and specialized applications, free
technical support, free professional services, and training. The included Microsoft software is used by the entire
City for communication, printing, electronic storage, remote access, project management, systems management,
virtualization, and security. Additional applications are used by specific departments, such as Police and Fire,
for mapping and routing. Standardizing on the Microsoft platform helps provide a seamless and fully integrated
system from the desktop to the server, reducing technical issues and downtime. The cost of renewing the
agreement should not exceed $55,000 this fiscal year.
Approved on Consent. Motion carried 4 -0 with Mayor Vanderqrift absent.
G. SECOND READING OF ORDINANCE — PUBLIC HEARING
11. Vacant Property Registry. (Advertised in the Orlando Sentinel on Thursday, October 25, 2012).
a) Adoption of an Ordinance Establishing a New Chapter 164 in the Code of
Ordinances for Vacant Property Registry.
Multiple municipalities in Florida have established an abandoned residential property program as a
mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate
maintenance and security of abandoned properties. These properties not only create code violations, but
they also produce fire hazards, as well as attract children and the homeless. They are taken over by
squatters and house criminal enterprises. These issues are compounded when the individual property
ownership is being disputed and the property does not have up -to -date contact information. Without a
registry, police and code enforcement are unable prosecute or even trespass the individuals involved,
leaving the properties subject to further neglect.
City Attorney Cookson read the title of the Ordinance.
Police Chief Brown said he recommends approval of the new Chapter 164.
Mayor ProTem Hood opened the public hearing.
Frankie Elliott, 1330 Lee Road, Orlando Regional Realtors Association, said they oppose this
ordinance because it is an unnecessary addition to the Ocoee Code of Ordinances as written. She
understands that 2 -3 years ago there was a bigger issue with the properties than what we are
seeing now because the inventory of foreclosed homes for Orange and Seminole County in 2009
was about 18,000 — 19,000 and today it is about 4,000. The banks are getting these homes ready
to be sold much quicker than they were in earlier years and the new programs for re- modification
of loans is keeping more people in their homes. Her recommendation would be that they put a
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City Commission Regular
November 6, 2012
sunset provision on this so it could be readdressed in 18 months to 2 years to see if it is still
necessary. She stated there are only 15 houses in Ocoee in the foreclosure process. There was
discussion about the vacant homes and the time frame where there is no "owner."
Commissioner Keller said there is more of a concern for squatters and criminal activity than for
Code issues. He would like the police department's opinions on it. Chief Brown said he would
not like to put an automatic sunset on this ordinance, but rather bring back a status report at some
time in the future; he suggested three years. Lt. Bryant said the problem has been not knowing
which vacant homes are actually going through the foreclosure process and which ones may be
vacant for other reasons; the registry will give us that information. That will help them report
back to the commission, also.
Commissioner Johnson said this is a good thing for our residents. The banks /realtors have not
been helping with these issues even though they have no problem selling the property and
making the profits.
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance No. 2012 -017 establishing a new Chapter 164 in the Ocoee Code of
Ordinances entitled Vacant Property Registry. Motion carried 4 -0 with Mayor
Vandergrift absent.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO 2012 -017
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW CHAPTER 164 OF
THE CITY CODE ESTABLISHING A PROCESS TO ADDRESS THE AMOUNT OF
DETERIORATING REAL PROPERTY LOCATED WITHIN THE CITY, WHICH INCLUDES
PROPERTY, ABOUT WHICH A PUBLIC NOTICE OF DEFAULT HAS BEEN FILED, IS IN
FORECLOSURE, WHERE OWNERSHIP HAS BEEN TRANSFERRED TO A LENDER OR
MORTGAGEE BY ANY LEGAL METHOD OR IS VACANT, BY SPECIFICALLY
ESTABLISHING AN ABANDONED PROPERTY PROGRAM AS A MECHANISM TO PROTECT
RESIDENTIAL NEIGHBORHOODS FROM BECOMING BLIGHTED THROUGH THE LACK OF
ADEQUATE MAINTENANCE AND SECURITY OF ABANDONED PROPERTIES. PROVIDING
FOR DEFINITIONS; PROVIDING FOR A REGISTRATION PROCESS; PROVIDING FOR THE
ESTABLISHMENT OF MAINTENANCE REQUIREMENTS, SECURITY REQUIREMENTS,
VIOLATIONS AND PENALTIES; PROVIDING FOR THE DECLARATION OF ABANDONDED
REAL PROPERTY AS A PUBLIC NUUISANCE AND IMMUNITY FOR ENFORCEMENT
OFFICERS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
b) Approval of Professional Services Agreement with Federal Property Registration
Corporation for the Administration of an Abandoned Residential Property
Program. (This is not a public hearing item)
Federal Property Registration Corp. administers registries for municipalities throughout the state of Florida,
including Boynton Beach, Fort Myers, and Apopka. Should the Honorable Mayor and Board of City
Commissioners approve a Professional Services Agreement with Federal Property Registration Corp., the
registration process will be administered by the Federal Property Registration Corp. in exchange for a
percentage of the fees collected. The administration of the registry will include: records administration,
providing internet website registration, fee payment, fee collection, monthly financial and registration
reporting, data tracking, and status updates. Federal Property Registration Corp. will charge $200 per
property per registration. From this amount, the City of Ocoee will receive $100. The term of the
agreement is one (1) year and the parties may agree to renew the agreement for an additional two (2) one
(1) year terms. The agreement may be cancelled by either party immediately upon 30 days written notice.
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Commissioner Keller felt that one year would not be enough time, because we won't have the
information to see if it is a successful program. City Manager Frank stated that at the end of
the one -year contract it will be brought back for renewal. Commissioner Keller said it may not
be enough time to get good information. City Attorney Cookson said he doesn't think it
matters which company is administering the program, you can switch companies after one year
and still compile data for two years. Chief Brown pointed out it is a three year contract, with the
option to cancel after the first year.
Commissioner Wilsen, seconded by Commissioner Keller, moved for approval of
Professional Services Agreement with Federal Property Registration Corporation
for the Administration of an Abandoned Residential Property Program. Motion
carried 4 -0 with Mayor Vandergrift absent.
H. PUBLIC HEARINGS
12. Approval of Resolution for Issuance of Non Ad- Valorem Refunding Revenue Note,
Series 2012. (Advertised in the Orlando Sentinel on Thursday, October 25, 2012). (Finance Director
Horton)
The proposed Non —Ad Valorem Refunding Revenue Note, Series 2012 will be used to current refund the city's
outstanding Non -Ad Valorem Revenue Notes, Series 2007 and 2008. The series 2007 note funded the purchase
of the Crown Point (Coca Cola) property and the series 2008 note funded the purchase of the current police
station. The 2007 note matures December 1, 2022 and has an outstanding aggregate principal amount of
$2,945,000 with a 4.24% interest rate. The 2008 note matures February 1, 2022 and has an outstanding
aggregate principal amount of $3,300,000 with a 3.59% interest rate. The notes are tax exempt and secured by a
covenant to budget and appropriate non ad- valorem funds.
City Attorney Cookson read the title of the resolution.
Mark Galvin, Financial Advisor for the city of First Southwest, and Misty Taylor, Note
counsel to the City of Bryant, Miller, Olive introduced themselves.
Mr. Galvin briefly explained that the two revenue bonds that are being refinanced. The interest
rates are currently for 4.24% and 3.59% and the new rates will be 2.13% and 2.38% respectively.
The savings associated over the life of the issue over $600,000 over the life of the loan. It
equates to $57,000 per year and $574,000 on a present value basis. There is also the ability to
refinance in two years if interest rates drop. He recommends that the Commission accept the
savings.
Mayor ProTem Hood opened the public hearing. As no one wished to speak the public hearing
was closed.
Commissioner Hood commended staff and Mr. Galvin for the great work saving the city
money.
Commissioner Keller, seconded by Commissioner Johnson, moved for approval
of Resolution No. 2012 -015 for Issuance of Non Ad- Valorem Refunding Revenue
Note, Series 2012. Motion carried 4 -0 with Mayor Vandergrift absent.
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The resolution as adopted carries the following title:
RESOLUTION NO 2012 -015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA;
PROVIDING FOR THE REFUNDING OF THE CITY'S NON -AD VALOREM REVENUE NOTE,
SERIES 2007 (TAX- EXEMPT) AND NON -AD VALOREM REVENUE NOTE, SERIES 2008;
AUTHORIZING THE ISSUANCE OF A NON -AD VALOREM REFUNDING REVENUE NOTE,
SERIES 2012 OF THE CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $6,400,000 TO
FINANCE THE COST THEREOF AND TO PAY THE COSTS OF ISSUING THE SERIES 2012
NOTE; PROVIDING THAT THE SERIES 2012 NOTE SHALL BE A LIMITED OBLIGATION OF
THE CITY PAYABLE FROM NON -AD VALOREM REVENUES BUDGETED AND
APPROPRIATED AS PROVIDED HEREIN; DESIGNATING THE SERIES 2012 NOTE AS A
"QUALIFIED TAX - EXEMPT OBLIGATION" WITHIN THE MEANING OF SECTION 265(B)(3)
OF THE CODE; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE
OWNER OF THE SERIES 2012 NOTE AND FOR THE NEGOTIATED SALE OF SUCH NOTE
WITH SUNTRUST BANK; MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
13. Approval of Resolution for Issuance of Water and Sewer System Refunding Revenue
Note, Series 2012. (Advertised in the Orlando Sentinel on Thursdaa , October 25, 2012). (Finance
Director Horton)
The Water and Sewer System Refunding Revenue Note, Series 2012 will be used to refund the Water and
Sewer System Note, Series 2008. The City secured a bank loan with SunTrust in 2008 to refund a portion of
the Water and Sewer Revenue Bonds, Series 1997 for debt service savings. Proceeds from the 1997 bonds
were issued for water treatment and distribution improvements, implementing a reclaimed water program, and
effluent disposal expansion. The 2008 Note has an outstanding aggregate principal amount of $5,280,000 with
an interest rate of 4.22 %. The note matures October 2026, is pre - payable at any time without a penalty, and is
secured by water and sewer revenues.
City Attorney Cookson read the title of the resolution.
Mayor ProTem Hood opened the public hearing. As no one wished to speak the public hearing
was closed.
Misty Taylor explained the change in the resolution that was on the dais, as compared to what
was distributed in the agenda packet. She stated there was a language clean-up change in section
4 -14 on page 13 (the bank qualified section) that was recommended after their tax attorneys
reviewed the resolution. No business terms changed.
Mark Galvin, explained that it is SunTrust lowering their current interest rate on their existing
bond from 4.24% to 2.38 %. the savings is over $900,000 on the life of the loan, $65,000
annually. It is about $771,000 on a present value basis.
Commissioner Hood, seconded by Commissioner Wilsen, moved for approval of
Resolution No. 2012 -016 for Issuance of Water and Sewer System Refunding
Revenue Note, Series 2012. Motion carried 4 -0 with Mayor Vandergrift absent.
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The resolution as adopted carries the following title:
RESOLUTION NO 2012 -016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,
PROVIDING FOR THE CURRENT REFUNDING OF THE CITY'S WATER AND SEWER
SYSTEM REFUNDING REVENUE NOTE, SERIES 2008; AUTHORIZING THE ISSUANCE BY
THE CITY OF ITS WATER AND SEWER SYSTEM REFUNDING REVENUE NOTE, SERIES 2012
IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,400,000 TO FINANCE
THE COST THEREOF AND TO PAY THE COSTS OF ISSUANCE THE SERIES 2012 NOTE;
PLEDGING NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON SUCH SERIES 2012 NOTE ON PARITY WITH THE CITY'S
OUTSTANDING SERIES 2003 BONDS AND SERIES 2010 NOTE; MAKING CERTAIN
COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNERS OF THE SERIES
2012 NOTE; DESIGNATING A PORTION OF THE SERIES 2012 NOTE AS A "QUALIFIED TAX -
EXEMPT OBLIGATION" WITHIN THE MEANING OF SECTION 265(B)(3) OF THE CODE;
PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AUTHORIZING THE
NEGOTIATED SALE OF THE SERIES 2012 NOTE TO SUNTRUST BANK; PROVIDING FOR
THE REPEAL OF ANY RESOLUTIONS IN CONFLICT WITH THE PROVISIONS OF THIS
SUPPLEMENTAL RESOLUTION; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
I. REGULAR AGENDA l
14. Code Enforcement Reduction of Fine /Lien for Entity Now in Possession (Realtor)
Following Foreclosure Judgment for 1714 Palmerston Circle. (Support Services
Assistant Director Gaines)
This property was cited on February 2, 2008, by Officer Theresa Rodriguez for failure to obtain any required
fmal inspections for fence permit # 0602221 issued on September 8, 2006, which expired March 7, 2007.
Officer Rodriguez cited the property owner for violation of ordinance 105.4. On April 22, 2008, the Code
Enforcement Board issued an order to comply by May 23, 2008, or be fined $150.00 per day. Non - compliance
with these orders resulted in an order imposing fine and lien on May 27, 2008. On June 19, 2009, an affidavit
of compliance was entered into the file by Officer Rodriguez. An order imposing fine and lien for a total
amount of $58,650.00 was recorded by the city.
Entity in possession, the realtor, of this property following a June 5, 2012, fmal foreclosure judgment is
requesting the fine /lien amount of $58,650.00 be reduced. The realtor representing the property after taking
possession appeared before the Code Board September 25, 2012. The actual current owner is Castle Peak
Capital Advisors. The property was recently under contract via a foreclosure auction, but the potential owners
backed out. The realtor wants to proceed with the lien reduction to help get new owners into the property. The
Code Enforcement Board is recommending the fine /lien be reduced to $637.78 to cover the City's cost. The
discussion by the board was to reduce the amount; based on testimony from a realtor representing the entity in
possession of the property.
Support Services Assistant Director Gaines gave a brief overview of the case for 1714
Palmerston Circle. He advised that the Code Enforcement Board is recommending the fine /lien
be reduced to $637.78 to cover the City's cost. The discussion by the board was to reduce the
amount; based on testimony from a realtor representing the entity in possession of the property.
Kathleen Beaulieu, Beaulieu Realty, explained that she is representing Castle Peak, however,
there have been questions as to whether Castle Peak might even be the owner since the buyer has
backed out; therefore, a new foreclosure is being done on the property. She further explained that
the property has been kept maintained and the fence permit in question is not something the bank
had knowledge of since the fence was removed before they even took possession of the property.
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City Commission Regular
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Commissioner Johnson explained that one of the problems he has is that the banks that own the
properties should have someone looking into these properties prior to taking ownership. He
advised that this property had been in non - compliance for four years and he does not agree with
eliminating the fine. Ms. Beaulieu said that the permit in question was done by a previous owner
and had nothing to do with the bank. Commissioner Keller said he agrees with Commissioner
Johnson and added that the commission needs to stay consistent with what they are charging
each case that is heard before them for reduction of fine. He further explained his frustration
with the process banks are taking to get these fines reduced. Ms. Beaulieu explained that the
case she is presenting tonight has to do with an expired permit. The issue is not that the property
was not maintained. Ms. Beaulieu says she strongly agrees that the city should go after the
people who violated the code. Commissioner Keller advised that unfortunately the violation
stays with the property, it doesn't go with the former property owner. Commissioner Wilsen
inquired if any complaints were made regarding this home and the fence that was put up.
Support Services Assistant Director Gaines said that originally complaints were received.
Commissioner Keller. seconded by Commissioner Wilsen, moved to approve a
reduction of fine to $2000 for 1714 Palmerston Circle to be paid within 6 months
or fine reverts back to original amount. Motion carried 4 -0 with Mayor Vandergrift
absent.
J. STAFF ACTION ITEMS
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller— said he has asked for staff to come back with some type of regulation
regarding liens so they can have some consistency. Commissioner Wilsen said she agrees and
feels they should meet with the Code Enforcement Board. City Attorney Cookson agreed that a
workshop with Code Enforcement would be their best option. Assistant City Manager Shadrix
said there have been discussions regarding this issue and the two potential dates they have come
up with are January 15 or February 5 This would be a joint workshop with the City
Commission and Code Enforcement Board beginning at 6 pm with training provided by
Shuttfield & Lowman.
Commissioner Wilsen, seconded by Commissioner Keller, moved to have a
Workshop with Code Enforcement on February 5th at 6:00 p.m. Motion carried 4 -0
Mayor Vandergrift absent.
Commissioner Johnson- 1) inquired about the Christmas lights. Public Works Director Krug
provided an exhibit of some of the lighting he would be proposing. He explained that in the past
lighting was sent up on Clarke Road (from SR50 to A.D. Mims), Bluford Ave. (from SR50 to
Silver Star Rd.), Maguire Road (from Moore Rd. to SR50), Silver Star Rd. (from Ocoee - Apopka
to Clarke Rd.), and on Wurst Rd. (from Phyllis Street to Little Spring Hill Drive). Public Works
Director Krug briefly spoke in regards to doing a rental of the lights which would cost the city
roughly $42,350.00. City Manager Frank explained they have also discussed a harvesting
method that could possibly make $25,000- $50,000 by harvesting some of the trees on the Coke
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City Commission Regular
November 6, 2012
Property. If they like they can figure out a way to designate some dollars from contingency as
well as borrow some money from other funds that would later get reimbursed through any
proceeds they get from the pine harvest.
Commissioner Johnson, seconded by Commission Keller, moved that they go
with staff's recommendation of $42,350 to buy Christmas Lighting to be paid by a
loan from the contingency fund or other designated fund, which will be
reimbursed with revenue received from the pine harvesting contract on the Coke
property. Motion carried 3 -1 with Commissioner Wilsen opposing and Mayor
Vandergrift absent.
2) Asked about the payout of hours to employee if they have over 580 hours of PTO; he asked
if it could be paid out the last paycheck in November rather than the first paycheck in
December. City Manager Frank said that should not be a problem; there were no
objections from other commissioners.
Commissioner Hood, seconded by Commissioner Wilsen, moved to change the
PRRs to allow that the PTO buyout is paid out the last pay period in November,
instead of the first paycheck in December. Motion carried 4 -0 with Mayor
Vandergrift absent.
Commissioner Wilsen — congratulated Firefighter Ken Strickland on his retirement and wished
him well in future endeavors. The rest of the commission agreed. 2) announced Ocoee Christmas
parade on December 1 it will be the afternoon parade.
Mayor ProTem Hood — 1) the last football game at the high school against Winter Park is
Friday and it's parent appreciation night. Starts at 7:30. 2) opening day for Ocoee Youth
Soccer this weekend. announced 3) Junior Pee Wees with Ocoee football 4) Pop Warner
Football has playoffs in Jacksonville. Ocoee Pop Warner had the best overall record in
Division One this
ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
APPROVED:
Attest: City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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