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MINUTES
OCOEE CITY COMMISSION
NOVEMBER 16, 2004 at 6:00 P.M.
SPECIAL CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 6:08 p.m. in the Commission
Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson (arrived at 6: 10 p.m.), Commissioner
Howell, Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry
1. Discussion with Assistant City Attorney Mary D. Solik,Foley and Lardner
Re: City of Ocoee vs. Oak Forest Partllersand Westland Partners
Asst. City Attorney Solik stated that the City is currently the petitioner in an Eminent Domain
Action brought against Oak Forest Partners and Westland Partners. She said she requested a
closed session meeting with the Commission for direction and discussion regarding matters
related TO settlement negotiation and litigation expenditures. At this time, there cannot be a
closed session because the statute requires a court reporter to be present. She said she is
comfortable discussing this matter in a public session as long as the commission is also
comfortable. The public meeting proceeded without objection.
Asst. City Attorney Solik reviewed the major differences in the appraisals between Dan
DeRango, the City's appraiser ($147,400.00) and Glen Spivey, the property owner's appraiser
($425,300.00). She said when the City sent PEC back out to stake the property and reappraise,
and then made some minor adjustments, it brought the City's appraisal up to $170,260.00. After
reviewing Mr. Spivey's appraisal, Ms. Solik found discrepancies of approximately $150,000.00
on line items that were not legitimate for various reasons or on costs that were duplicated in
more than one parcel. That amount did not include any price comparisons or adjustments on line
items that were legitimate. Asst. City Attorney Solik believes their appraisal should be revised
to $273,535.00.
The mediation on October 22, 2004, ended in an impasse with the property owner refusing to go
lower than $270,000.00. Asst. City Attorney Solik said her position at mediation was she
would give them their higher land value, and split the difference between the City's
improvement value, and what their improvement value ought to be, and came up to $250,000.00.
After the property owner had engaged in further due diligence, they contacted Asst. City
Attorney Solik and advised they thought the property had been undervalued and they believe it is
worth $375,000.00. They said the offer to settle at $270,000.00 is still on the table at this time.
A discussion ensued among the Commission, City Manager, and Asst. City Attorney Solik
regarding: Eminent Domain causing land conditions to be "frozen in time" in April 2003; the
City's areas of right-of-way and it was determined by both sides that there is no impact on the
Regular City Commission Meeting
November 16,2004
rental property from the roadway const ction; the attorneys fees and other costs; and the amount
of difference between the parties at imp sse was $20,000.00.
Asst. City Attorney Solik advised the ommission she would like to do an Offer of Judgment
for $250,000.00, which will give the pr perty owner 30 days to accept it or reject it. If they do
not accept it and do not recover any m re than our offer at trial, then all fees and costs incurred
by their experts (not their attorneys) are 0 longer the responsibility of the City.
The meeting adjourned at 6:35 p.m.
Attest:
APPROVED:
City of Ocoee
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Beth Eikenberry, City Clerk.
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S. Scott Vandergrift, Mayo
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