06-18-13MINUTES
June 18, 2013, 2013, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A CALL TO ORDER
Mayor Vandergrift and Mayor of the Moment Elizabeth Thomas 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 Scout Troup #145 David
Lausberg. 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, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
C COMMENTS FROM CITIZENS /PUBLIC
Jimmy Carter, Carter Family Bowl, announced that this year they were lucky to be chosen for
the National Pro -am. They will also have celebrities present for a two part session on July 3` at
5pm and 8 pm. They are present tonight to ask Mayor Vandergrift if he could throw out the first
bowling ball for this event. Mayor Vandergrift accepted their invitation. Mr. Carter further
announced that they are tying this event with their Rock N' Roll event for support to end
Alzheimer's. That event will be on July 4"' at Universal Hard Rock Hotel from 1 -3 pm. The event
will commence again at 6pm with an evening with The Oak Ridge Boys. Tickets are available on
ticketmaster.com or limited discount tickets available at Carter Family Bowl.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced:
1) There is an emergency item in front of them for Authorization to enter into agreement
with the Florida Department of Agriculture and Consumer Services for Energy Efficient
Lighting Grant Program. The Parks and Recreation Department was able secure a
$91,500 to use on energy efficient lighting at Central Park.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to appro the
Emergency Item and enter into an Agreement with the Florida Depart of
Agriculture and Consumer Services for Energy Efficient Lighting Grant Program
with the condition of the City Attorney reviewing the Agreement p rior to
Execution. Motion carried 5 -0.
2) Announced that there is a revised ordinance for Item #9 and a revised memorandum
agreement for Item 911 that they should refer too when considering the motion.
3) Wal -Mart Community Event on Saturday June 22, 2013, from 10:00a.m. till 3:00p.m.
The City of Ocoee Police Department will participating at this event by completing child
identification kits, conducting child safety seat inspections, passing out bicycle helmets,
and giving away other free safety items.
4) Handgun Safety Class on Saturday July 13, 2013, from 8:00a.m. till 1:00pm. Also Police
Department will be hosting a Teen Police Academy on July 15, 2013 through July 19,
2013, from 10:00 a.m. till 1:00 p.m. at High Point Church, located at 476 Ocoee
Regular City Commission Meeting
June 18, 2013
Commerce Parkway Ocoee, FL. If interested please contact Officer Patera Scott at 407-
905 -3160 ext. 3024.
E COMMISSIONE�SAN NOU NCEMENTS
Commissioner Keller — announced that the Sawmill Subdivision has put in the request for the
street closing for their July 4"' Party but it has not met all its approvals yet so he would like to
make a motion to approve the road closure using the same restrictions as last year.
Commissioner Keller, seconded by Mayor Vandergrift, moved to approve the
approval of the Special Event Permit for the Sawmill July 4" Block Pa with the
same conditions as last year. Motion carried 5 -0.
Commissioner Johnson - None
Commissioner Wilsen — announced there will be a meeting on July I I at 6:30 p.m. regarding
discussion on the Lake Olympia water levels. The meeting has been noticed and she would like
for it to please be put on the website. Citizens are welcome to come. Mayor of the Moment
Thomas said without objection she would like staff to please put th meeting
notice on the website.
Commissioner Grogan — 1) announced there is a community meeting tomorrow, June 19 at 6
p.m. in the Commission Conference Rm. 109 regarding concerns with the Pig Trail for Spring
Lake Elementary. Citizens are welcome to come to share their thoughts. 2) The Parks and
Recreation Department will be hosting its monthly Food Truck Friday event this Friday, June
21st, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Food trucks will be
offering gourmet food and delectable treats, and the movie "Escape from Planet Earth" will be
shown during the event; the movie will start at 8:30 p.m., so come out and enjoy a dinner and a
movie in the park. 3) The Ocoee Family Aquatic Facility is open for the 2013 season.
Information on the pool hours and admission costs can be found on the city's webpage
www.ocoee.org or by calling the Beech Recreation Center at 407 - 905 -3180.
Mayor Vandergrift — announced that Thursday evening there will be an assembly going on at
the lake front at Bill Breeze Park in regards to youth dating violence prevention. Officer Petera
Scott, Community Affairs, briefly shared that she will working with the production group for
this event. This event will focus on teens and educate them about youth awareness, teen violence,
and bullying issues that teens deal with in the Ocoee community. They will be demonstrating
self - defense moves and sharing safety tips.
F CONSENT AGENDA
Commissioner Wilsen, seconded by Mayor Vandergrift, moved to app rove the
Consent Agenda Items #1 through #8; excluding Item #3 which is being p ulled to
be heard for separate consideration. Motion carried 5 -0.
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Regular City Commission Meeting
June 18, 2013
1. Approval of Minutes for the Regular Commission Meeting Held May 21, 2013, and
June 4, 2013. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Reappointments to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the board technical Codes, negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three -year terms. Currently, there are no applications on file. The three -year terms of Members Carole
Amey and Owen Kelley have expired, and both members would like to be reappointed.
Approved on Consent. Motion carried 5 -0.
3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve three -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 thirteen (13) members. Due to the resignation of Tim Henderson, there is one (1) vacant position
available. We do currently have one application on file from Sarah "Beth" Freeman with an interest in serving
on the board.
This item was pulled from the Consent Agenda to be considered separately.
Commissioner Wilsen apologized for not speaking with the City Clerk prior to the meeting. She
further advised that she noticed on the application that the address listed is in unincorporated
Orange County which she also verified on the property appraiser's website. The applicant has
two boards listed and she thought if the tax roll listed them in unincorporated Orange County that
they would not be accepting the application. Commissioner Keller shared that the HRDB does
allow for outside residents but the Parks and Recreation Board does not. City Clerk Eikenberry
said HRDB does allow for non - resident members when residency requirement is waived by the
Commission. She further shared the applicant who made the request lives across the street from a
current HRDB member whose address is in Ocoee. Commissioner Wilsen advised she does not
have a problem with the applicant being appointed to the HRDB but feels they do need to make
an adjustment if this applicant does decide to come back for appointment to Parks and
Recreation.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to wai t he
residency requirement and appoint applicant Sarah Freeman to the HRDB Board._
Motion carried 5 -0.
4. Approval of Award of Bid #B13 -07 Truck Mounted Air Vacuum Excavation System.
(Purchasing Agent Tolbert)
The Utilities Department requested and had approved in the Fiscal Year 2013 budget the purchase of a truck -
mounted air vacuum excavation system. This system will accommodate existing utility locates and expose
conflicts for the upcoming State Road 50 widening and any other project within the City; and will also make
access to utility infrastructure in back alleys possible. The Department does not currently have equipment
capable of remote air vacuum excavation ( "potholing "), and this will improve accuracy, efficiency and
timeliness of utility locates. Most back alleys are overgrown and do not permit access for heavy equipment. In
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Regular City Commission Meeting
June 18, 2013
the event of emergencies, this system has appurtenances which have the ability to access the alleys and assist
with the excavation process.
Staff recommends awarding the bid to Vacmasters, Division of Barone Inc. for $113,101.00 as the most
responsive and responsible bidder, per the attached recommendation from Charles Smith, Utilities Director.
Approved on Consent. Motion carried 5 -0.
5. Approval of Banking Services and Purchasing Card Services Contracts. (Finance
Director Horton)
The City's contract for banking services which includes depository, account maintenance, investment and
capital financing expires July 10, 2013, with SunTrust Bank. These services were bid and ultimately awarded
to SunTrust Bank on July 10, 2007. A total of four (4) institutions responded to the RFP- Colonial Bank (now
BB &T), M &I Bank (now BMO), SunTrust Bank, and Wachovia Bank. Currently the City also has a banking
relationship with two of the other responding institutions that will be maintained. In addition to the monthly
services provided, SunTrust has historically offered the City preferred rates on financing issues resulting in
savings of thousands of dollars on interest payments. The City also has a contract with SunTrust for our
purchasing cards which expires September 2015.
SunTrust has proposed to the City to piggyback on the contract they were awarded by Marion County on
September 1, 2012. Marion County had seven (7) responses to their RFP for Banking Services. The responses
were: Bank of America, BB &T, BBVA Compass, Community Bank and Trust, SunTrust, TD Bank, and Wells
Fargo. SunTrust received an overall ranking of 144.9 of 150 possible points and was awarded the contract
through August 2017. Piggybacking on the Marion County contract will not only save the City on fees but also
on transition costs and time for a) Operating, payroll, and tax accounts, and b) ACH, direct deposits, and credit
cards.
Approved on Consent. Motion carried 5 -0.
6. Approval of Sensus F1exNet Metering Data Hosting and Aquahawk Web Portal.'.
(Utilities Director Smith)
The City began implementation of a centralized, tower water meter reading solution in 2007 and has deployed
over 4,000 meters since then. The solution, F1exNet by Sensus, has major application upgrades available and
the option to make the data collected available through a hosted (cloud) server. The advantage to the hosted
solution is reduction in initial and ongoing capital costs, reduced maintenance, and upgrades (including the
current upgrade) at no additional cost. Additionally, staff believes the Aquahawk web portal application would
be a benefit to the water customers. This application makes their water usage available online and includes
water conservation tools such as a water budgeting option.
a) Sensus FlexNet Metering Data Software Upgrade and Cloud Hosting.
Approved on Consent. Motion carried 5 -0.
b) Implementation of Customers' Web Access to their Water Usage Data through the
Aquahawk Web Portal Solution.
Approved on Consent. Motion carried 5 -0.
7. Resolution Approving State Highway Lighting, Maintenance, and Compensation
Agreement. (Public Works Director Krug)
This agreement provides for funding from FDOT to the City to help defray the costs of street light operation
and maintenance on several State highways within Ocoee's corporate limits. The work order under this
Agreement will provide Ocoee with an annual payment of $33,160.00 for the 2013 -2014 fiscal year. This
figure reflects a 17% increase per unit cost from the previous year.
Approved on Consent. Motion carried 5 -0.
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8. Approval of Use of Federal Forfeiture Funds to Offset Costs of Surveillance Camera
Pilot Program. (Police Chief Brown)
The Honorable Mayor and Board of City Commissioners unanimously agreed to have the City of Ocoee Police
Department explore a wireless surveillance camera pilot program. The program's infrastructure will provide
our police officers access to live and recorded surveillance footage for enhanced patrol in the covered areas.
This infrastructure will also be open to community members at no costs beyond the purchase and maintenance
of their own surveillance cameras. Community participants within the covered area can partner with the City of
Ocoee Police Department by adding their own cameras to the network to provide police with immediate access
to the live and recorded footage produced by their own cameras, ultimately increasing the probability of
apprehending crime in progress and deterring future crime with the publication of this infr astructure in the
community. The footage will be on file for 30 days per Florida's Sunshine Law. The purchase and installation
costs associated with this pilot program require expenditure of monies from Forfeiture funds (State) not to
exceed $10,000.00.
Approved on Consent. Motion carried 5 -0.
Mayor of the Moment Thomas stepped down and was thanked for doing such a great job! Her
mother Stephanie Thomas works for Public Works. Mayor Vandergrift advised this is a
precursor program that he would like to implement during the school year and allow principals to
pick students to be Mayor of the Moment.
G. SECOND READING OF ORDINANCE — PUBLIC HEARING
9. Second Reading of Ordinance - Amendment to Article III of Chapter 168 of the Code of
Ordinances of the City of Ocoee Relating to the Enforcement of Red Light Traffic
Signal Infractions. (Advertised in the Orlando Sentinel on Sunday, June 9, 2013). (Police Chief
Brown)
Florida House Bill 7125 becomes effective July 1, 2013, and creates changes to the Mark Wandall Traffic
Safety Act. The changes provide a 60 day period in which a person must pay the fine, identify another driver
was in control of the vehicle, or request a hearing before a local hearing officer. This will necessitate changes to
Chapter 168 of the Code of Ordinances of the City of Ocoee relating to the enforcement of red light traffic
signal infractions and how the infractions are to be handled by the City. City attorney and staff have prepared a
new ordinance amendment in order to comply with the law and recommend the approval of the ordinance
amendment.
City Attorney Cookson read the title of the Ordinance.
Deputy Police Chief Goclon advised that we are changing our ordinance to coincide with new
legislation that was passed.
Mayor Pro Tem Keller opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to adopt
Ordinance 2013-009, amending Article III of Chapter 168 of the Code of
Ordinances of the City of Ocoee relating to the enforcement of red light traffic
signal infractions Motion carried 4 -0 with Mayor Vandergrift away from the dais.
H. PUBLIC HEARING
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10. Stevens Variance (VR- 13 -03) - 913 Grovesmere Loop. (Advertised in the West Orange Times on
Thursday, June 6, 2013). (City Planner Rumer)
The applicant, Jeffrey Stevens, is requesting approval for the construction of a PVC fence that will be located
five feet fi the side property line. The lot is a corner parcel that contains a cul -de -sac beyond the rear yard
which makes the lot shape very unique. The applicant intends to fence in the rear yard to secure an existing pool
and to provide security for household pets.
The subject property is located on lot 57 of the Planation Grove West plat and has received Home Owner
Association approval. The proposed variance request by Jeffrey Stevens was reviewed at a Public Hearing by
the Board of Adjustment on May 30, 2013. The Board of Adjustment voted 5 -0 to recommend approval of the
variance request.
City Planner Rumer gave a summary of the case.
Commissioner Johnson confirmed that staff and the homeowner's HOA had no issues with this
variance.
Commissioner Johnson, seconded by Commissioner Wilsen, moved t approve
the variance at the Stevens residence, 913 Grovesmere Loop, for const ruction of
a PVC fence, as recommended by staff. Motion carried 5 -0.
11. Consideration of Issuance by the City of its Senior Living Facilities Revenue Bonds (All
Sports Senior Living Project), Series 2013, in an Aggregate Principal Amount Not to
Exceed $3.5,000,000, to Obtain Funds for a Loan or Loans by the City to Windermere
Senior Living, LLC. (Advertised in the Orlando Sentinel on Thursday, June 6, 2013). (City Attorney
Cookson) - STAFF REPORT AND BACK -UP FORTHCOMING
City Attorney Cookson explained this is a project coming into the City, although the action
tonight is with regard to the financing of the project, he thinks it will be helpful to have a
presentation from the developer /applicant to discuss the project itself and then we will discuss
the financing end.
Scott Marchand, Living Ventures, Inc., developer for the project, described their intent to have
an upscale Assisted Living Facility that would also have 40% Memory Care. 'This facility is
meant for seniors and athletes with long term injuries and impairments. It will be a six. story
facility with assisted living taking up 3 stories, dementia 2 stories, and all the amenities will be
one story. This is a non - institutional looking; it will be a facility geared toward luxury living.
Commissioner Johnson confirmed, on the record, that the name will be changed from
Windermere Senior Living.
Shri Rao, Landsmart Development, Partner and Engineer for the project stated they are in the
early stages of doing the rendering for the project, they are not quite ready to roll out the overall
look yet, that should happen in the next few weeks. The Mayor discussed that he heard the
exterior will have some appearance elements f>"om Soldier Field and the interior will have some
elements of a locker room. Mr. Rao confirmed. Ile stated they have only spoken to one member
of the community, but anticipate more discussions with neighbors as the project progresses. He
confirmed the location was on the northeast Corner of Roberson and Windermere Road.
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Regular City Commission Meeting
June 18, 2013
City Attorney Cookson stated that was just a brief overview of the project. The financing will
be explained by Misty Taylor, bond counsel for the city and Mark Galvin, financial advisor for
the city.
Misty Taylor, from Bryant, Miller and Olive, (BMO) the City's bond counsel, explained the
general structure of the financing for the project, stating that the city would be a conduit issuer.
The city will issue the bonds, and have their name on the board, but the security for the bond will
be the revenues of the project. The bond proceeds, when they go out and sell the bonds in the
market, will be used to fund the project. The loan repayments will pay the debt service on the
bond.
Ms. Taylor said tonight is a Public Hearing /TEFRA Hearing (Tax Equity and Fiscal
Responsibility Act) and TEFRA approval. A prerequisite for the bond to be issued tax exempt,
there must be a public hearing. This would be the initial approval of the project; there is still due
diligence to be done on everyone's part. This hearing tonight would allow the professionals to
move forward. BMO would request private activity bond allocation from the State Division of
Bond Finance; this regional pool closes at the end of this month, so they need to seek allocation
for this project. Final approval will come back to the commission once all the details and
transaction documents are completed.
Q &A with the Commission.
Mayor Vandergrift asked if this was uncommon for cities to do this to induce business. Ms.
Taylor said it is not uncommon; there are issuers, such as the Orange County Industrial
Development Authority, that are set up to do bond issues of this nature; however cities and
counties can do this as well. Mayor Vandergrift explained how Project Debra became Metro
West with a similar type of financing. Commissioner Johnson expressed a concern that if things
go wrong, the public perception will be that it was the City of Ocoee's fault, and asked how we
can prevent that from happening. Ms. Taylor said the City won't have liability for the debt
service, but as far as reputation, she stated that the City has her firm and Mark Galvin to protect
the City's financial position.
Mark Galvin, .First Southwest Company, Financial Advisor to the City, explained that they will
make recommendations to protect the city's position and bring those back to the Commissioner
at a later date. While the project is being secured by revenues fiom the project and the City is not
using any of their funds, their name is still connected with the financing. There needs to be due
diligence to ensure this is a viable project that will be able to stand alone. They will ultimately
have to make sure that the bonds go to sophisticated investors who can deal with this type of
risk. His firm will look at all that and bring back recommendations that best protect the city's
position.
Commissioner Wilsen confirmed that they have done other projects with cities acting as conduit
issues for similar projects and held no liabilities because bonds were secured by revenues of the
project. Matt Hinson, Assistant Vice President of Piper Jaffray, the underwriting firm that was
selected by Living Ventures, explained that he and his colleague are senior- living bankers, it is
exclusively what they do. The firm has 15 -20 senior living, assisted living, memory care, skilled
nursing, and independent living communities per year. He stated, from the standpoint of
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financing assisted living facilities with bonds that are secured by revenues through a city;
certainly they have done that. He stated it had been done with the City of Orlando and South
Carolina Jobs Economic Development Authority, where they served as conduit issuer. Mr.
Marchand added that Living Ventures was created last year; they currently manage 1000 units
of assisted living; and they are now also developing eight projects and this will be the first one.
Commissioner Johnson said he just wants to make sure everything is upfront, so that when we
put our name on it the citizens won't have reasons to be concerned about it. Ms. Taylor stated
that her firm and Mark Galvin are there to make sure they are protected from having unrated
bonds in the market; however all those details still need to be - worked out. She said the
Memorandum of Agreement with the borrower would need to be signed; they will then get the
allocation they need just to preserve it, and then work out the details and bring it back to the
Commission for final determination. They will be ready to issue the bonds and have contracts in
place before it is brought back. Commissioner Keller asked when the bonds get released on this,
as he was concerned about what would happen if they can't. work out the deal to develop. Ms.
Taylor said no bonds are issued until they are ready to close and issue them and bring it back to
the Commission; their project is way down the road before authorization would be issued. Mr.
Hinson explained further what the process will be. He said the timeline would be two to three
months away from having a preliminary official statement needed to market the bonds to the
institutional investors, largely mutual funds. That will include a financial market feasibility study
which will be available for their review prior to final approval of the issuance, along with all the
bond documents. Piper Jaffray will underwrite the bonds and sell them to the institutions and
investors. Two weeks after the bonds are sold, they will provide the funds to the borrower so
they can begin construction. The City will not have their name on it until construction begins.
Commissioner Wilsen confirmed that they need approval now to move forward with the Private
Activity Bond Application funds. Ms. Taylor said yes, however the process can be stopped at
any time if any parties are not comfortable. Mr. Hinson said it is an expression of willingness by
the city before the developer moves forward and spends thousands of dollars in studies and legal
fees. Ms. Taylor said they will also have to look at the legalities of changing the name; however
they will work it out. This initial TEFRA will get us to the Division of Bond Finance to make
that initial request.
Commissioner Keller asked what happens if the developer cannot complete the project. Mr.
Hinson explained the way the bond issue is structured, all of the project bonds once closed, will
sit in the bank of the bond trustee. Before they start, the contractor will give them a payment
schedule of payments that they will guarantee; there is a bonding and a performance bond behind
that. The contractor would have to start paying the bond issue if they are not building fast
enough. They have to be certain that they have enough funds to make it through to completion
of construction, which they will once all the contracts are bid out and they have an exact dollar
amount. Mr. Hinson explained that there are a lot of reserves, capitalized interest on the bonds
while it builds up to 92% occupancy; and 80 -100 extra days cash to make sure money is there is
the construction goes slower than anticipated. Ms. Taylor said there will probably a taxable
piece of this, and a 20/50 set - aside: 20% of assisted living residence set aside for people who
earn less than 50% of AMI (average median income). Additionally the resolution required the
applicant pays a $5000 application fee upfront to cover the city's expenses. Mayor Vandergrift
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asked if this will affect our bond rating, to which Mr. Galvin stated it would not. The Mayor
asked what the interest would be, to which Mr. Hinson said 7.5 — 8 %.
City Attorney Cookson read the title of the Resolution.
Mayor Vandergrift opened the Public hearing
MaryAnn Lausberg, Ocoee resident, asked if they had done a study to determine need for this
type of facility. Mr. Roa stated that they had done an initial study which showed the need was
there. There will be conducting more in depth studies if this is approved tonight.
There was discussion regarding the Assisted Living Facility that is proposed to go in on Clarke
Road and another one that was going to be behind the CVS that did not ever materialize. City
Planner Rumer said the one on Clarke Road is still anticipating start of construction when the
developer completes other projects.
The public hearing was closed.
Commissioner Johnson, seconded by Commissioner Keller, moved to adopt
Resolution 2013 -009, approving the Issuance by the City of its Senior Living
Facilities Revenue Bonds (All Sports Senior Living Project), Series 2013, in an
Aggregate Principal Amount Not to Exceed $35,000,000, to Obtain Funds for a
Loan or Loans by the City to Windermere Senior Living, LLC, per staff
recommendations. Motion carried 5 -0.
The resolution, as adopted, carries the following title:
RESOLUTION NO. 2013 -009
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
MEMORANDUM OF AGREEMENT WITH WINDERMERE SENIOR LIVING, LLC, A
FLORIDA LIMITED LIABILITY COMPANY (THE "BORROWER "); EXPRESSING THE
INTENT OF THE CITY COMMISSION TO PROCEED WITH THE FINANCING OF ALL
OR PART OF THE QUALIFYING COSTS OF A CAPITAL PROJECT FOR THE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN SENIOR LIVING
FACILITIES TO BE LOCATED IN THE CITY OF OCOEE, FLORIDA (THE "CITY "),
TO BE OWNED AND OPERATED BY THE BORROWER, FROM THE PROCEEDS OF
THE ISSUANCE AND SALE OF SENIOR LIVING FACILITIES REVENUE BONDS
(ALLSPORTS SENIOR LIVING PROJECT), IN ONE OR MORE TAX - EXEMPT OR
TAXABLE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$35,000,000; PROVIDING THAT SAID BONDS SHALL NOT CONSTITUTE A GENERAL
DEBT OR LIABILITY OF THE CITY OR A DEBT, LIABILITY OR OBLIGATION OF
ORANGE COUNTY, FLORIDA OR OF THE STATE OF FLORIDA OR ANY POLITICAL
SUBDIVISION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM THE
REVENUES HEREIN PROVIDED; APPOINTING BOND COUNSEL FOR THE CITY;
APPROVING THE ISSUANCE OF THE BONDS FOR PURPOSES OF SECTION 147(1) OF
THE INTERNAL, REVENUE CODE; AND PROVIDING AN EFFECTIVE DATE.
I. REG ULAR AGENDA
Commissioner Wilsen, seconded by Commissioner Johnson, moved to cancel the
July 2 nd Regular Commission Meeting. Motion carried.
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12. Discussion on City Cemetery - Consideration of Budgeting for Cemetery
Improvements. (Commissioner Johnson)
Commissioner Johnson asked for this to be moved to the next available meeting when there is
time for discussion. Consensus of the Commission was to hear this issue at the
Commission meetinq on July 16, 2013, and to bring the cemetery o rdinances and
video of the cemetery to the meetinq for discussion.
13. Selection of Voting Delegate for FLC Conference. (City Clerk Eikenberry)
The Florida League of Cities (FLC) is holding their 87th Annual Conference at the World Center Marriott,
Orlando, Florida, on August 15 -17, 2013. The FLC is requesting that. proposed resolutions are received before
July 10, 2013, and that the City of Ocoee's voting delegate is designated and received by August 12, 20 13.
Commissioner Grogan, seconded by Commissioner Johnson, mo ved to appoint
Commissioner Keller as the voting delegate for the FLC confere Motion
carried 5 -0.
14. Approval of Code Enforcement Reduction of Fines /Liens for Patricia Breeze of the
Thomas R. Ison, Sr. Estate and 6 E. Delaware Street. (Assistant Director of Support
Services Gaines)
This case involved a residential dwelling with occupancy in violation of the Minimum Housing Standards
creating unsanitary and unsafe conditions resulting from having no connection to potable water or electrical
utility services. Other violations included an upside down motor vehicle on the front lawn in full view of
pedestrians, motorists and the Ocoee Middle School campus; and miscellaneous junk, trash and debris littering
the property. The property owner was constrained by intimidating, unauthorized tenants refusing to vacate the
premises or cooperate in any fashion.
Patricia Breeze, a principal party of the property- owning entity, Thomas R. Ison, Sr. Estate, appeared before the
Code Enforcement Board on May 28, 2013 requesting a reduction to the fine and lien amount of $25,200.00
imposed by the board on April 24, 2013 for non- corpliance with case number 13 -002. Patricia Breeze
appeared at the original hearing and the follow -up hearing for imposing fine and lien conveying supported and
documented information regarding the unauthorized occupancy and intimidating behavior of tenant, Ben Pope,
and other unknown persons. Ben Pope and unknown persons demonstrated complete disregard towards Patricia
Breeze, neighboring residents, and the City of Ocoee by not vacating the premises when requested and having a
continuous yard sale. Immediately upon the departure of the unauthorized tenants, the property was brought
into full compliance and has been maintained ever since.
The Code Enforcement Board recommends the City Commission reduce the fine to the City's cost of $426.11.
Doug Gaines, Code Enforcement Supervisor introduced the case.
Patricia Breeze, property owner, explained what she had been through trying to evict tenants who
had damaged the property.
Commissioner Johnson, seconded by Commissioner Keller, redu the lien to
$426.11, per staff and Code Enforcement Board recommendation, for the property
a t 6 East Delaware Street, payable within 30 days or it reverts bac to the original
fine. Motion carried 5 -0.
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15. Approval of Code Enforcement Reduction of Fines /Liens — Case #12 -234 for Beverly
Bellinger, and Christopher J. Jones: 844 Patriots Point Drive. (Assistant Director of
Support Services Gaines)
This property was cited on November 6, 2012, as a Repeat Violator for violation of the City of Ocoee
Ordinance 115 -6, Abandoned or unsafe swimming pool; 115 -3, Prohibited Acts; and 108 -35, Public Nuisances.
The Code Violation was for Public Nuisance of dog feces all over the enclosed back screen patio. The
swimming pool water was also dirty and green. On March 13, 2013, Ordinance 108 -35, Public Nuisance, and
115 -3, Prohibited Acts of feces all over screened patio, were brought into compliance. The property remained
in violation with Ordinance 115 -6, Abandoned or unsafe swimming pool, until May 13, 2013, when the
property was observed to be in full compliance. The Code Enforcement Board issued an Order of tine of
$500.00 per day, per violation as a repeat violator as of November 6, 2012.
Lisa Jones and Christopher J. Jones appeared before the Code Enforcement Board on May 28, 2013, and
requested a reduction of the fine, which totals $191,000.00. The City's cost is $598.88. Lisa Jones has the
house up for sale, and she said they have a potential buyer for this house. The Code Enforcement Board is
recommending the fine /lien be reduced to $10,000.00 plus the city's cost of $598.88 for a total of $10,598.88.
Doug Gaines, Code Enforcement Supervisor introduced the case.
Lisa Jones, mother of the owner /occupant, testified on his behalf.
There was lengthy discussion with regard to the aggravation this has caused the neighbors, the
harassment of the neighbors by her son and /or others residing there, that the property was cited
by the county, the city, the homeowners association, a letter received from a neighbor with
pictures of feces thrown at his wall from these residents, certified letters from Code Enforcement
were all received and signed for, the property sale is supposed to close tomorrow.
Mr. McNicols, a neighbor on Patriots Point Drive, noted all of the issues that he had with this
neighbor from the time he moved in.
Break
Commissioner Johnson, seconded by Commissioner Keller, reduce the lien to
$10,598.88, for the property at 844 Patriots Point Drive, payable within 30 days or
it reverts back to the original fine Motion was not recognized by Mayor as it was
interrupted with discussion from property representative.
There was further discussion about the sale of the property, the equity and proceeds from that
sale, and how much money was spend on remodeling, etc.
Commissioner Johnson, seconded by Commissioner Keller, reduce the lien to
$5,000.00, for the property at 844 Patriots Point Drive, payable within 30 days or it
reverts back to the original fine. Motion 4 -1 with Mayor Vandergrift opposed.
16. Approval to Request Authorization to Solicit Letters of Intent for the Purchase of 105
acres of the Crown Point Property. (Assistant City Manager Shadrix)
In 2006, the City of Ocoee solicited responses to a Request for Proposal (RFP) for purchase of select acreage of'
the city-owned Crown Point Property (formerly known as the Coca Cola Property). The City selected a
proposal and was nearing completion of the sale when the economic downturn impacted the purchaser to the
extent that they were unable to close. Since that time, the City has entertained the idea of revisiting this
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June 18, 2013
process, and the City retained a market consultant in 2008 who advised that the market was still not right for
optimal sale conditions. At the City Commission's request again in 2010, the City retained a true market
expert, Trammell Webb, who has served as a market monitor and advisor since that time.
Trammell Webb has advised that market conditions have improved to the point that the City should again
consider the sale of the property originally identified for sale in combination with the original 30 acre tract
designated on the Planned Unit Development (PI JD) for a park. The City has recently received numerous offers
to purchase the original 75 acre tract intended for single family residential, as well as the land slated for a
community park. With the pending development of the Rogers property as a community level park, Trammell
Webb suggests that the City combine the designated 30 acre park tract with the 75 acre residential tract to allow
for sale of 105 acres as a single family residential development.
Assistant City Manager Shadrix said this property was up for sale in 2006 but due to the
economic downturn that was occurring at the time it fell through. They were instructed by the
Commission to stay vigilant of market conditions and to continue to provide updates. They hired
a real estate research consultant (Bill Owen, Real Estate Research Corp.) who advised in 2008 &
2009 that they should not proceed with sell of the Coke Property since the market was not back
up yet. Mr. Shadrix said they have currently retained Mr. Chip Webb with Trammell Webb
which does market research and advisory capacity for Starwood Properties as well as a number
of other clients. Trammell Webb has advised that market conditions have improved to the point
that the City should again consider the sale of the property.
Discussion ensued on what was owed for the Coke Property in comparison to offers that have
been received. Assistant City Manager Shadrix said that Trammell Webb suggests that the
City combine the designated 30 acre park tract with the 75 acre residential tract to allow for sale
of 105 acres as a single family residential development. The recommendation from Trammell
Webb is based on the proximity to the Rogers Property which is proposed to be developed as a
community level park and the proximity to the Coca -Cola Property. The City will still be able to
require a recreational facility of the applicant who decides to build a. subdivision on that tract.
The consultant suggests that the City solicit letters of intent and that conditions be included that
regulate the design given that the market now commands a higher -end product. The request for
letters of intent will contain language that will make the homes competitive with the current
market and will enhance quality of surrounding development. Standards will include such items
as recessed garages and elevated front porches on a minimum of 50 percent of the homes in the
subdivision. Chip Webb, consultant to the City, briefly reiterated what Mr. Shadrix just shared,
further adding that shifting from RFP to letters of intent will allow them to be more creative and
put the standards they want. Mayor Vandergrift shared that his opinion would be to see a mixed
use for that tract to include commercial and professional offices to create jobs since they already
have a lot of houses in that area. He is hoping that will be a possibility for the Letters of intent.
Commissioner Grogan inquired if the Letters of intent are for just getting offers and depending
on whether they accept those offers then they would discuss want they want to be built on the
tract. City Attorney Cookson said the request at this time is to market it to developers of homes
so they would only solicit letters for residential communities unless the Commission decides to
do something else. Commissioner Grogan clarified that high end homes are what they are
proposing for the tract. City Attorney Cookson said it is currently zoned PUD.
Rodney Stogsdill, Westyn Bay resident and representative from HOA, said they do have some
concerns and would like for the Commission to possibly have another expert advisor come in.
He shared that there are still a lot of homes in the community including his own subdivision
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June 18, 2013
which still has lots to sell. He does not feel right now is the time to bring another builder and the
additional competition in the housing market. Mr. Stogsdill said he thinks that area is a great
place for a park as opposed to additional development. Land costs will continue to rise, so the
city will make more money if they wait.
Commissioner Johnson said there is a peak in the market which will eventually go away so he
does not know how long the City can wait. He does not feel they need to find another expert
since Tremmell Webb is an expert and professional. Commissioner Wilsen inquired about the
previous offer they had years ago and how the down payment was handled. City Manager
Frank briefly explained the down payment issues they experienced with the last offer and
further said they learned their lesson and know how to approach things differently.
Mayor Vandergrift said he would like to optimize. the City's options and feels they should not
limit the Letters of intent to just houses but should include commercial, professional offices, and
education. Mr. Webb explained that the PUD does not prohibit the City from building
commercial out on the tract. They are simply saying that the interest in the market right now is
residential. Mayor Vandergrift briefly explained that they are in competition with Apopka in
getting Valencia Community College to build a campus in Ocoee. Having commercial and
professional offices will help create jobs beyond just the building of the structure. Assistant City
Manager Shadrix advised the Commission that if they chose to move forward with Letters of
intent. they do have full flexibility with the PUD to do a university. He shared that they did have
a meeting with Valencia Community College but the site that they were interested in is not part
of the 105 acres being considered tonight for the Letters of intent. Further discussion ensued
regarding the Rogers Property and the proposed recreational facility for that property, as well as,
a parcel called the Waterside Village.
It was discussed if the letter of intent should include mixed uses or just remain residential.
Commissioner Grogan explained that they allowed mixed uses by Westyn Bay and that has not
worked out for that area either. There are a lot of commercial parcels still undeveloped.
Commissioner Grogan, seconded by Commissioner Wilsen, moved for a pproval
to Request Authorization to Solicit Letters of Intent for the Purchase of 105 acres
of the Crown Point Property per staff's recommendation. Motion carried 4 -1 with
Mayor Vandergrift opposing.
J. STAFF ACTION TI EMS
K. COMMENTS FROM CO MMISSIONERS
Commissioner Grogan — reminded the resident s about the meeting tomorrow night for the Pig
Trail 2) reminded residents about the Food Truck Friday and Movie in the Park, this Friday.
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Regular City Commission Meeting
June 18, 2013
Commissioner Wilsen — said there are containers being dropped off around the community for
clothing donations; she asked that everyone keep their eye out for them and report them.. Mr.
Gaines stated that Code Enforcement has been staying on top of them as much as possible,
contacting the companies for removal and in some cased pulling the container. It has been an
issue for six months.
Commissioner Johnson — Noted that the street signs are going up in Arden Park and they have
the old Ocoee logo on all of them.
Commissioner Keller —gave congratulations to Bill Maxwell, Chairman of HRDB for many
years; he thanked him for his leadership as that board accomplished many good things for the
city.
Mayor Vandergrift — mentioned he would like to staff to consider more brick roads throughout
the city where there are narrow streets that need to be repaved.
ADJOURNMENT
Meeting adjourned at 9:55 p.m.
Attest:
iker berry, City Clerk PC3} r:�
o
APPROVED:
City of Ocoee
S. Scott Vandergrift, M a or
4 1P age