11-06-12OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
November 6, 2012 MINUTES 7:1.5 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 Cleric Eikenberry called roll and
declared a quorum present.
Roll Call: Mayor ProTeni 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 tier 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 Ruiner 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
I10A. 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
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank made the following announcement:
1) The latest version of Resolution 2012-015 which corresponds with Item 413 is before
them and they can disregard the backup material that was uploaded previously.
2) There is also an Emergency Itern before them tonight for approval of a Motion Picture
permit for Vignetti Park on Friday, November 9t". Mayor Pro Tem Hood said to move
forward with the emergency item.
Emergency Item: Motion Picture Production Application — MacGuffin Films Commercial
for Exclusive Use of the Tennis Courts at Vignetti Park
City Manager Frank explained the request is for exclusive use of the park and tennis courts to
film a commercial. Staff has calculated the cost to be around $165-$235, which will be charged
to the applicant. Police Department has advised the applicant of the noise ordinance
requirements. Commissioner Wilsen inquired if a sign will be placed a day before outside to
notify residents that play tennis that the court will not be available. City Manager Frank
advised that signs can be posted.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Motion Picture permit and exclusive use of Vignetti Park on November 9"' to
MacGuffin Films Motion carried 4-0 with Mayor Vanderarift absent.
3) Ocoee Police Department is conducting their Holiday Toys for Kids in Need Program.
To register you must- be a resident of the City of Ocoee and provide proof of residency,
driver's license, and birth certificates for children, For more information contact the
Ocoee Police Department at 646 Ocoee Commerce Pkwy between 8:00am-3:30pm on
Monday, Tuesday, Thursday, and Friday and Wednesday from 8:00arri-11:30am.
Registration ends on November 30t"
4) Fire Rescue Station 38, located at Fountains West Shopping Plaza, has begun 24/7
service as of Tuesday, October 30"'. Staff does plan on having official public grand
opening when all remaining renovation details are completed. Mayor ProTem Hood
inquired if they could notify all residents out in that area and suggested maybe putting
wording on the water bills.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller— 1) thanked Commissioner Johnson and everybody on staff that did a
tremendous job this year with Founder's I_)ay. 2) thanked everybody that went out and voted
today and the past week.
Commissioner Johnson- announced the Founder's Day Golf Tournament also had a great turn-
out as well as the Poker Run. He further announced that the Founder's Day events seem to come
together thanks to all the various departments that pull together that week. It was an excellent
event and it is always a pleasure to hear citizens comment positively about the events the city
hosts such as the Haunted House and Food Truck event. Commissioner Johnson said he has
spoken with staff regarding appreciation letters that they would like to send out. He also
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November 6, 2012
announced next year will be the 20 Year Anniversary for Founder's Day and they would like to
kick it up a notch.
Commissioner Wilsen -- l) thanked Martha Lopez -Anderson for all her help with the Market
Place. 2) announced this weekend the Local 3623 Firefighter's Union will be hosting a
retirement party for one of their members at the Ison Center. She would like to make a motion
that the fees for the use of the building be waived.
Commissioner Wilsen, seconded by Commissioner Keller, moved to waive the
fees for use of the Ison Center bV the Ocoee Professional Local 3623 Firefighter's
Union for a Retirement Party for Ken Strickland; and also allow for the serving of
alcohol in a city facility. Motion carried 4-0 with Mayor Vandergrift absent.
Mayor ProTem Hood — 1) announced Founder's Day was a huge success and he also received a
lot of compliments regarding the event. 2) announced Ocoee High School is having their last
football game of the year this Friday night at 7:30 p.ru. They will be playing Winter Park Iligh
School. 3) announced the Pop Warner Junior Pee Wees will be playing their next round up in
Jacksonville on Saturday. He would like to congratulate the coaches, players, and parents for
getting this far. 4) announced Lion's Club Turkey Shoot is coming up soon and information can
be found on their website.
Commissioner Johnson- announced there is a charity co-ed softball game set at the Vignetti
Park field for Saturday, November 10"' This event is being hosted for a young girl who was
badly injured in an automobile accident so he is requesting that they waive the fees for use of the
park.
Commissioner Johnson, seconded by Mayor ProTem Hood, moved to waive the
fees for use of Vignetti Park on Saturday, November 10"' for the Charity Co-ed
Tournament Motion carried 4-0 with Mayor Vandergrift absent.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #10 with Item #6 being pulled for separate
consideration Motion carried 4-0 with Mayor Vandergrift absent.
1. Approval of Minutes for the Regular Commission Meeting Held October 16, 2012. (City
Clerk Eikenberry)
Approved on Consent Motion carried 4-0 with Mayor Vandergrift absent.
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City Commission Regular
November 6, 2012
2. Appointment to the Human Relations Diversity Board. (City Cleric Eikenberry)
Members of the Human Relations Diversity Board serve two-year terms. Currently the Human Relations
Diversity Board has thirteen (13) members and their resolution allows no less than seven (7) members and no
more than fifteen (15) members. Narupa Tiwari was appointed to the board in March 2012, since her
appointment she has missed 4 of 6 meetings. The board has recommended her removal subsequent to her failure
to respond to board correspondence requesting an explanation of her absences. ']'here is currently one
application on file from past member Barbara Ann BOudokhane with an interest in again serving on the board.
Approved on Consent Motion carried 4-0 with Mavor Vandergrift absent.
3. Award of Bid 91313-02 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 I &, 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 fturnishing, 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 Mayor Vandergrift absent.
4. Approval of Workers' Compensation and Employment Settlement Agreement with
Employee. (Human Resources Director Williford)
An employee in the Police Department has agreed to settle current and future worker's compensation claims for
524,500. The employee would not seek future benefits under the Florida Statues and Collective Bargaining
Agreement. The employee would be placed oil 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 Mayor Vandergrift absent.
5. Approval to Purchase New Police and Heavy Truck Tires and Sole Source Heavy 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 tot -
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
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City Commission Regular
November 6, 2012
former perennial peanut beds at the inedian 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 wort: 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. Ile looked at it and we have beautiful crepe myrtles in some places, as
well as garlic plants and ground cover. He added thatwhen you come out of Windermere
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 viburmtm 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
snake 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 fi-om doing Clarke Road (in-house) that allows them to field 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)
The 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 4 STC 725-500-12-1 —hand 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, $45,000 has been included for a lighted
decorative fountain in this year's capital budget. Staff has researched many fountains in the area and consulted
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City Commission Regular
November 6, 2012
with various fabricators. Fountain Design Group has been the City's main provider for fountain maintenance
and is the industry leader fot 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 hoof: -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 Mavor Vandergrift absent.
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 clue primarily to charges relating to a lawsuit resulting from failure to perform on a
bid award (Merton) 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 Microsoft Enterprise Agreement through SRI. (Information
Systems Manager Ross)
On December 15, 2009, the Mayor and City Commission approved a three year Enterprise Agreement with
Microsoft through Software House International (SI-11) 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 Vandergrift absent.
G. SECOND READING OF ORDINANCE — PUBLIC HEARING
11. Vacant Property Registry. (Advertised in the Orlando Sentinel on Thurs(ay, October 25, 2012).
(Police Chief Brown)
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.
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City Commission Regular
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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
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 fitture; he suggested three years. Lt. Bryant said the problem has been not knowing
which vacant houses 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 theta 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.
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City Commission Regular
November 6, 2012
b) Approval of Professional Services Agreement with Federal Property Registration
Corporation for the Administration of an Abandoned Residential Property
Program. (,his is not o Imblic 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 hacking, 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 inunediately upon 30 days written notice.
Commissioner Feller 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 alter 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
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City Commission Regular
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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
outstandine 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 4.240io 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-valorern funds.
City Attorney Cookson read the title of the resolution.
Mark Galvin of First Southwest, Financial Advisor for the City, and Misty Taylor, Note
counsel to the City of Bryant. Miller, and 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. Galvirl 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.
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 -All VALOREM REVENUE NOTE,
SERIES 2007 (TAX-EXEMPT) AND NON -All VALOREM REVENUE NOTE, SERIES 2008;
AUTHORIZING THE ISSUANCE OF A NON -AD VALOREM REFUNDING REVENUE NOTE,
SERIES 2012 OF THE CITY IN ']'HE 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 SIINTRUST BANK; MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
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City Commission Regular
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13. Approval of Resolution for Issuance of Water and Sewer System Refunding Revenue
Note, Series 2012. (Advertised in the Orlando Senlinel on Thzasday, 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 prograin, and
effluent disposal expansion. The 2008 Note has an outstanding aggregate principal amount of $5,280,000 with
an interest rate of 4 22°io. 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 cleatl-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 firom 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
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 20t2
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,;
PLLDGIN'G NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL.
OF AND INTEREST ON SUCH SERIES 2012 NOTE ON PARITY WITH '['HE 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 'ENE 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.
1. REGULAR AGENllA
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City Commission Regular
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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 faiture to obtain any required
final inspections for fence permit # 0602.221 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, final 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 Peal:
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. tie 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 tool: possession of the property.
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, lie
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. Ile 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 Vander rift
absent.
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City Commission Regular
November 6, 2012
J. STAFF ACTION ITEMS
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller— said lie 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 15i1' 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
Shuffield & 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. Ile 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 Clarice 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
Property. If they like they can figure out a way to designate some dollars from contingency as
well as borrow some money from other fiends that would later get reimbursed through any
proceeds they get from the pine harvest.
Commissioner Johnson, seconded by Commission Keller, moved that theygo
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 I'TO; 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.
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City Commission Regular
November 6, 2012
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 I", it will be the afternoon parade.
Mayor ProTem Hood announced-- 1) the last football game at the high school against Winter
Park is Friday and it is Senior Night and Parents Appreciation Night; it starts at 7:30. 2) opening
day for Ocoee Youth Soccer this weekend. 3) the Junior Pee Wees with Ocoee with Pop Warner
Football have playoffs in Jacksonville. Ile saw on the internet that Ocoee Pop Warner had the
best overall record in Division One this year.
ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Attest:
1 ,
f ff
Beth Eikenberry, City Clerkri
APPROVED:
City of Ocoee
r
zz
S. Scott Vandergrift, Mayor
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