Winter Garden approves new inspection ordinance

During the Oct. 25 city commission meeting, Winter Garden city leaders passed Ordinance 18-37 – an ordinance for which several Winter Garden residents have expressed concern.

The ordinance establishes rules and procedures regarding the ability of residential and commercial builders to hire private companies to review site plans and conduct building inspections to ensure buildings satisfy all code requirements and safety standards.

Although builders have long had the option to hire private companies under state law, only recently have a few began using the option to avoid the city’s tough inspection process, said Winter Garden City Manager Mike Bollhoefer.

“We have a reputation as having one of the toughest building department and toughest planning departments out there, and we brag about them,” Bollhoefer said. “Everyone knows if you buy a house in Winter Garden, then it’s gone through our inspections – and we have high standards. And in today’s world that’s so busy, these contractors and builders can’t find skilled people and there’s a lot of shoddy construction going on all over.”

Residents present at the meeting requested that city officials ensure the ordinance adequately protects consumers and inquired about the role the city would play if builders are found to be violating the state’s code requirements.

“We need the city to step up and protect its consumers,” said Torey Eisenman, a real estate broker and a general contractor. “… We all know that the builders’ contracts do not hold them accountable.”

Bollhoefer explained said the city’s biggest issue has been with the builder Lennar Homes but the city has its hands tied on the matter because it can’t stop builders from using private providers. Bollhoefer then promised the city plans to put a task force together to “audit these inspectors to the greatest extent of the law.”

BID PROTEST HEARING

The Oct. 25 city commission meeting also featured a one-hour bid protest hearing regarding Winter Garden city staff's decision to award a construction contract to a company named TLC Diversified, Inc., for a pump facility project.

A company named Carr & Collier, Inc. – a Leesburg-based general contractor – challenged the city’s decision to award the contract to TLC Diversified and alleged that city staff did not properly evaluate Carr & Collier’s bid documents and that the basis of the city’s rejection was “arbitrary and capricious.”

According to city documents, Carr & Collier offered to complete the project for $7,077,730 while TLC Diversified made a bid of $7,164,690 – a difference of almost $86,960. However, according to one of the city’s attorneys, Doug Akerman, city staff decided to disregard Carr & Collier’s lower bid for three reasons.

“The evidence shows very, very clearly that they did not list all the subcontractors – indeed, they did not list major subcontractors," Akerman said. "The evidence shows that they do not have the appropriate level of experience … and the projects listed as shown do not have the requisite complexity. And the third point was undisputed: Their bid is wildly unbalanced. Mr. (Reynolds) Holiman is a very candid gentleman, and he admitted it right in front of you. Those items are not even buildable for those dollars.”

Bryan Capps, an attorney who represented Carr & Collier during the hearing, appealed to the commission by maintaining that the city is “on the brink of spending almost $90,000 of taxpayer money for no reason” because there is “no dispute that Carr & Collier is qualified” to complete the project, which he described as a “simple and uncomplicated” project.

The city commission ultimately decided to uphold the city’s original decision to award the project contract to TLC diversified, which the city believes submitted sufficient documentation and has a relevant amount of project experience.

IN OTHER NEWS

• City commissioners approved resolution 18-06, which is a resolution to acquire property through eminent domain. According to city documents, the resolution is needed to proceed with city’s plans to add a traffic signal and turn lanes at the East Crown Point Road/Fullers Cross Road intersection, which requires the acquisition of additional right-of-way belonging to a private property owner.
• City leaders approved the West Orange Junior Service League’s request to hold the Jingle Jolly 5K run in Oakland Park on Saturday, Dec. 1 from 2 to 8 p.m. The league will coordinate with the city’s police department to ensure traffic is handled and roads are not blocked to any residents.
• The commission also approved Southwest Aquatics' application to hold the 11th annual Gift of Swimming 5K race on Saturday, Nov. 10 from 5 to 10 p.m. throughout southeast Winter Garden.
• Due to the upcoming holiday season, the city commission agreed to cancel the future commission meetings that had been scheduled for Nov. 22 and Dec. 27.

Note: A previous version of this article erroneously stated the city attorney as Daniel Langley. This has since been corrected.