Item #01 Approval of Minutes for the Regular Commission Meeting held June 16, 2015 MINUTES
June 16,2015, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced that on the dais they should have the Developer's Agreement
for Item #12, a replacement Ordinance for Item #9 which only shows some minor changes. In
addition,they have copy of the grant agreement for the State of Florida Department of Economic
Opportunity. This was a grant that they had previously received to do the 429 Interchange Study.
The grant was originally to be closed out by July 30, 2015, but that will not give them a lot of
time to get the paperwork out for the reimbursement. The State has amended a provision in all
grants which changed the due date for final invoices to September 15, 2015, if they execute the
amendment. Staff is requesting authorization for the Mayor to sign the amended document when
received.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
authorization for the Mayor to sign an amendment, once received, for the Grant
Agreement for the State of Florida Department of Economic Opportunity which
changes the due date of final invoices and documentation to September 15, 2015.
Motion carried 5-0.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — announced Coffee with a Cop — Wednesday, June 17, 2015, from
10:00a.m.-12:00p.m. The community is invited to join members of the Ocoee Police Department
at the House Blend Cafe for our Coffee with a Cop event on June 17, 2015, from 10:00a.m. until
12:00 p.m. Coffee with a Cop provides a unique opportunity for community members to ask
questions and learn more about the department's work in Ocoee's neighborhoods. If you have
any questions, please contact Sergeant Mireya Iannuzzi at (407) 554-7197 or
miannuzzi@ocoee.org.
Commissioner Johnson — announced Teen Police Academy — July 27, 2015, through July 31,
2015, 10:00a.m.-1:00p.m. The Ocoee Police Department is proud to announce that starting on
Monday, July 27th through July 31st, the agency will host its annual Teen Police Academy. The
times will be 10:00 a.m. to 1:00 p.m. Location: High Point Church located at 476 Ocoee
Commerce Parkway. This program is FREE and covers numerous law enforcement topics and it
is open to teenagers from thirteen to eighteen years of age with no felony convictions.
Regular City Commission Meeting
June 16, 2015
Individuals interested in the re complete ram ro must ete a registration form which can be
p g P g
downloaded from the City of Ocoee website at www.Ocoee.org. If you have any questions,
please contact Officer Patera Scott-Marsh at(407) 554-7204 or Patera.Scott@ocoee.org.
Commissioner Wilsen—announced S.A.F.E. Class—June 25, 2015, 6:00p.m. - 9:00p.m. This is
a free, one time, three hour presentation on self-defense and safety awareness for women. The
class is taught by Ocoee Police Officers using the NSDI's S.A.F.E. curriculum. Topics covered
include: self-defense, crime prevention and domestic violence. You must be at least thirteen
years of age to attend. The class is held at the Ocoee Police Department. If interested, please
contact Officer Patera Scott-Marsh at 407-554-7204 or Patera.Scott@ocoee.org.
Commissioner Grogan — announced Parks and Recreation Department will be hosting its
monthly Food Truck and a movie event on Friday, June 19th, from 6:00p.m.-9:00p.m. on
Lakeshore Drive, in Bill Breeze Park.
Mayor Vandergrift— announced the City swimming pool is open daily. Parks and Recreation
Director Hayes shared the pool hours for the general public Monday-Friday is 11:30 a.m.-7:00
p.m. On Saturday the pool is also open from 11:00a.m.-7:00p.m and on Sunday 11:00 a.m. -6:00
p.m. The Swim Lesson Program is also being offered in the morning beginning at 9:00 a.m. until
11:00 a.m. before the pool opens.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
the Consent Agenda Items #1 through #8. Motion carried 5-0.
1. Approval of Minutes for the Regular Commission Meeting Held June 2, 2015. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Approval of Reappointments to 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 City 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.There are no applications currently on file.
The three-year terms of Darrell Lowery,Keith Carrington,and Elizabeth Osborne ends June 2015. All
members have indicated their willingness to serve another term,if reappointed.
Approved on Consent. Motion carried 5-0.
3. Approval of Appointment to the Parks & Recreations Advisory Board. (City Clerk
Eikenberry)
Members of the Parks and Recreation Advisory Board serve two-year terms. The Ordinance provides that the
Parks and Recreation Advisory Board membership shall consist of nine (9) members and whenever possible,
appointments to the Board may include one member from each of the following organizations: Ocoee Little
League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior
Citizens Association. Currently the board has seven (7) members. One application was recently submitted.
Ocoee resident Ranei Maranan has indicated he is interested in serving on this board.
Approved on Consent. Motion carried 5-0.
2IPage
Regular City Commission Meeting
June 16, 2015
4. Award of B15-06 Consumer Court Liftstation #62 Construction Project. (Purchasing
Agent Tolbert)
Due to construction conflicts,the second phase of the State Road 50 Widening project requires the relocation of
portions of the City's sanitary sewer collection system. The affected infrastructures are the gravity mains and
manholes on the south side of the roadway west of Bluford Avenue, and the north side of the roadway from
300°west of Maguire Road. Currently, both the north and south side gravity main systems of S.R. 50 convey
the flow to the east, eventually combine, and finally convey the flow to lift station#7. The general conveyance
is counter intuitive as the flow must overcome rising topography,and the collection system has historically been
subject to operational issues. The widening project provides the City with the opportunity to address
operational issues and increases system capacity by first allowing much of the flow to be redirected west, this
reduces flows to the remaining system.
The construction of a 20 HP VFD 10' diameter liftstation including but not limited to control panel, valve vault
with check and plug valves, concrete decking,retaining wall,railing, and earthwork; and two manholes(4' and
6' diameter)24' of 12"and 49' of 15"diameter PVC, and 27' of 10"PVC Force Main. To expedite the project,
the City shall procure specified pumps and electrical panel including meter boxes,disconnects,VFDs and RTU.
The work also includes all restoration of roadway,pavement curbing, sidewalk and disturbed ground associated
with the work. The bid was publicly advertised on May 10, 2015, and opened on June 4, 2015. A pre-bid
conference was held on May 26, 2015. The City received five (5) bids for this project, ranging from
$297,629.28 to$561,617.00.
Approved on Consent. Motion carried 5-0.
5. Approval of Replacement of Pumps for Lift Station #23 — Servicing the Whitehill/
Wedgewood Commons Subdivisions. (Utilities Director Smith)
Lift stations are designed to collect sewage from developments throughout Ocoee and pump sewage back to the
wastewater treatment plant. Lift Station #23 was constructed in 1992 to service the Whitehill/ Wedgewood
Commons subdivisions located off South Clark Road, and north of White Road. This station, placed in service
in 1992, utilizes the original pumps, 20hp Davis EMU, which have reached the end of their life cycle and are
scheduled to be replaced.
The City has standardized the pumps used for new and replacement installation with Flygt brand submersible
sewage pumps. The City Commission approved Flygt, Xylem Inc., as a sole source vendor of the pumps and
panels on May 1, 2012. As the cost of the pumps exceed the City Manager's purchasing authority,this item is
requiring City Commission approval. Staff recommends the City Commission authorize the City Manager to
purchase two 20hp Flygt submersible pumps at a total cost of$26,452.00 from Xylem Inc./Flygt Products.
Approved on Consent. Motion carried 5-0.
6. Approval of Hach AS950 Refrigerated Auto Sampler Purchase. (Utilities Director
Smith)
The wastewater treatment plant is required to take continuous samples of raw wastewater and treatment plant
effluent to comply with FDEP rules and regulations. These samples are collected and stored by refrigerated
automatic samplers. Due to the importance of insuring samples are collected and stored properly, a spare
sampler is needed for replacement and/or parts should the primary samplers fail. Recently, the primary
samplers,purchased in January 2011, failed and had to be replaced with the spare unit, leaving the wastewater
treatment plant without a backup. The wastewater plant uses the Hach Refrigerated Auto Samplers.
This sampler type is standard due to their reliability, parts availability and programming ease. Replacement of
the spare sampler from Hach will cost$5,801.12. The following two additional vendors supplied quotes for the
replacement sampler: Paralee Company, Inc. - $6,334.32 and USA Bluebook - $8,013.40. Due to its cost, the
sampler is considered a capital item;therefore,this purchase requires city commission approval.
Approved on Consent. Motion carried 5-0.
3 Page
Regular City Commission Meeting
June 16, 2015
p
7. Approval to Award of Utilities SCADA Network Construction Project to SourceLink
Communications for a total cost of $25,581.55 and to have CenturyLink
Communications do the configuration programming needed to add the SCADA
network to the city's computing infrastructure at a cost not to exceed $5,760. (Support
Services Director Butler)
The Ocoee Utilities Department is seeking to better manage its main water and wastewater facilities by creating
a supervisory control and data acquisition(SCADA)Network that will connect these facilities to each other and
to the Utilities Administration Building so that staff may monitor and operate equipment at these facilities from
remote locations. The SCADA Network is part of an overall plan for modernizing the city's utility systems and
will connect five facilities:
• Utilities Administration Building
• Wastewater Treatment Plant
• Forest Oaks Water Plant
• South Water Plant
• Maguire Booster Station
Approved on Consent. Motion carried 5-0.
8. Approval for Police Digital Portable Radio Purchase. (Police Chief Brown)
FY 2014/2015 budget provided up to $36,000 for the purchase of six (6)Motorola APX 7000 digital
portable radios and related accessories. In order to maintain compatibility and interoperability with Motorola
radios currently utilized by the Orange County radio users group, Motorola radios must be
purchased.Motorola is the sole source provider for these radios and offers only the State of Florida contract
pricing of $5,049.20 per radio and related accessories. These radios will also be compliant with Federal
mandates.
Approved on Consent. Motion carried 5-0.
G. FIRST READING OF ORDINANCE
9. First Reading of Ordinance Relating to Establishing Requirements for Emergency
Access to Gated Communities Including Existing Gated Communities. (Second Reading and
Public Hearing scheduled for Jul 7 2015, Re ular Commission Meetin e at 7:1.5 pan or soon thereafter.)
(Police Chief Brown
The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective
responses to emergencies and calls for service in gated communities. This Ordinance change is proposed to
ensure that new subdivisions and those with existing emergency vehicle access system shall have those systems
updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the
Police Department or Fire Department for gated subdivision entry.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on July 7, 2015, Regular Commission Meeting at
7:15 p.m. or soon thereafter.
Discussion ensued regarding concerns and clarifications on the request for an exemption should
the community feel they have a gate that is already meeting their needs and safety standards. It
was questioned that should there be a failure or damage to the gate, then at that point having the
new system installed. The attorney advised that if they are looking to make that a requirement as
a granted exemption then the ordinance will need to be amended to address that. Mayor
Vandergrift said without objection he would like to have staff come back with some
suggestions. City Attorney Cookson said what he feels is being suggested is that they do not
4IPage
Regular City Commission Meeting
June 16, 2015
require gated subdivisions to comply immediately unless the system breaks or fails and needs to
be replaced then at that point it would need to be replaced with the new system. Commissioner
Johnson explained that they all have different thoughts and he feels that it is the City's
responsibility to help with the costs especially if it will be mandated.
H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
10. Second Reading of Ordinance for Sorenson — 1042 Ocoee-Apopka Road. (Advertised in
West Orange Times on Thursday, June 04, 2015, and Thursday, June 11, 2015.) (City Planner Rumer)
Approval of the Annexation of the+/-2.23 acre parcel of land known as the"Sorenson Property"with an Initial
Zoning classification of "A-1". The Planning and Zoning Commission reviewed the proposed Sorenson
Property annexation and initial zoning on May 12,2015. City Staff presented a brief summary and overview of
the requested actions. After finishing its deliberations, the Planning& Zoning Commission, acting as the Local
Planning Agency, voted unanimously to recommend approval of the Annexation of the +/- 2.23 acre parcel of
land known as the"Sorenson Property"with an Initial Zoning classification of"A-1".
a) Second Reading of Annexation Ordinance
City Attorney Cookson read the titles of the annexation ordinance and rezoning ordinance.
City Planner Rumer advised this is a voluntarily annexation for a vacant property on Ocoee-
Apopka Road. It is currently an "A-1" Zoning designation with a Future Land Use of Low
Density Residential. The applicant does not propose development at this time. The applicant has
requested a City of Ocoee zoning designation of A-1 (Agriculture), which is consistent with the
zoning of the adjacent Orange County properties on the south. The Planning and Zoning
Commission has recommended approval of the annexation.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
Annexation Ordinance No. 2015-009 for Sorenson — 1042 Ocoee-Apopka Road.
Motion carried 5-0.
b) Second Reading of Rezoning Ordinance
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
Rezoning Ordinance No. 2015-010 for Sorenson — 1042 Ocoee-Apopka Road.
Motion carried 5-0.
51Page
Regular City Commission Meeting
June 16, 2015
11. Second Reading of Ordinance Modifying the City's General Municipal Election Dates
to Coincide with the Presidential Preference Primary Date on March 15, 2016.
(Advertised in Orlando Sentinel on Saturday, June 06, 2015) (City Clerk Eikenberry)
§101.75(3)Florida Statutes provides that: Not withstanding any provision of local law or municipal charter,the
governing body of a municipality may, by ordinance, move the date of any municipal election to a date
concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the
passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected
municipal official shall commence as provided by the relevant municipal charter or ordinance. Ocoee Charter
C-45(b) states: Any person elected to the office of Mayor or the office of City Commissioner shall be sworn
into office at 7:00 p.m. on the day of the next regularly scheduled City Commission meeting held after the
results of the election are declared by the Canvassing Board. Adoption of the attached ordinance will result in a
significant savings to the City of approximately$60,000-$75,000.
City Attorney Cookson read the title of the ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Johnson. moved to approve
Ordinance No 2015-011 modifying the City's General Municipal Election dates to
coincide with the Presidential Preference Primary date on March 15, 2016. After a
brief discussion on the qualifying period, motion carried 5-0.
I. PUBLIC HEARINGS
12. Oasis at Lake Bennet Apartments. (Advertised in West Orange Times on Thursday. June 04, 2015)
(City Planner Rumer)
a) Preliminary Site Plan
The Oasis at Lake Bennet Apartments project is generally located south of Maine Street east of Bluford Avenue
and north of W. Colonial Drive(SR 50)adjoining Lake Bennet. The parcel numbers for this project are 20-22-
28-6156-04-000, 20-22-28-6156-03-000 and 20-22-28-0000-00-068. This project is proposing to construct a
302 unit multi-family, four-story apartment development on approximately 13.01 acres. The site is currently a
part of the Ocoee Town Center lots 3,4,and 6.The parcels are undeveloped.
City Planner Rumer gave a brief presentation on the proposed Preliminary Site Plan. The
following information was covered in his presentation:
• Subject property is located: south of Maine Street east of Bluford Avenue and north of
W. Colonial Drive (SR 50) adjoining Lake Bennet.
• Ocoee Town Center Phase 1: Lots 3, 4, and 6.
• 302 unit Multi-family, four-story apartment with some associated garage parking
• The project lies in Target Area 2.
• Property access points & setback requirements.
• Dedication of right-of-way for the extension and construction of Richmond Avenue and
Ocoee Town Center Boulevard will be provided in this development.
• Amenities (swimming pool &clubhouse).
• Four(4)waivers from the Land Development Code.
• The P&Z voted 3-3 and the motion failed for a lack of a majority. A second motion was
made to recommend approval. The P&Z voted 3-3 and the motion failed for a lack of a
majority. Therefore, the Planning and Zoning Commission did not provide a
recommendation for or against the project.
6IPage
Regular City Commission Meeting
June 16, 2015
Commissioner Grog an inquired if it could be shared as to what the Planning & Zoning Board
was against. It was shared that several members were supportive of medium and high level
density type living but were not supportive for more apartments at this time. There was also
discussion about how this project fit as an urban development.
5 min. Recess
City Planner Rumer and City Attorney Cookson briefly explained the amendments and
provisions to the amended Ocoee Town Center Development Agreement, improvements to
Maguire Road that were worked out with the developer, and conveyance of right-of-way portions
on Ocoee Commons Parkway and Richmond Ave.
Mayor Vandergrift opened the public hearing.
Jim McNeil, Attorney with Akerman LLP, introduced the development team that has been
working on this process for about 10 months. He thanked City staff for being accommodating
and easy to work with. The site plan approval is being presented to the Commission tonight and
it meets the criteria of the City's Land Development Code. Mr. McNeil further shared some
highlights on the project.
Steven Novacki, with Picerne Development Corp. of Florida, provided a lengthy PowerPoint
presentation on the overview of the project and building details.
Chris Blurton, Engineer for the project, introduced himself and shared that they were also the
engineer for the original Ocoee Town Center project back in 2007. They were retained by
Picerne Development to do the planning and engineering for this proposed development as well.
Mayor Vandergrift inquired if there would be a sidewalk along Bluford Ave. on the backside of
the apartments. Mr. Novacki answered in the affirmative. City Planner Rumer also advised
that after the widening of SR50 is completed there will be a sidewalk along SR50 to Bluford
Ave. by the Racetrac.
Commissioner Grogan briefly commented that the project is going in the right track and he
commends the developers for listening to their feedback from the last time they met.
Mayor Vandergrift asked that the City's CRA Administrator give his impression of the project.
Discussion followed regarding roof type, the removal of trees, and the possibility of making
Bluford Ave. a four lane road.
Laura Gleason, 1433 Spring Lake Terrace, shared her concerns regarding the preservation of
the beautiful oaks and the height and quality of the apartments.
Paul Moy, 822 Chicago Ave., inquired if there are any roads coming up Maine Street up through
to the residential areas on White Road. It was answered not to the City's knowledge.
Commissioner Wilsen shared her concerns regarding the appearance of the buildings which she
feels does not have an urban look. Mr. Novacki addressed the commissioner's concern sharing
that they are very consistent with other urban developments such as Baldwin Park and
Celebration. Further discussion ensued.
Mayor Vandergrift closed the public hearing.
7IPage
Regular City Commission Meeting
June 16, 2015
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Preliminary Site Plan for the Oasis at Lake Bennet Apartments per staff's
recommendation. Motion carried 3-2 with Commissioner Wilsen and
Commissioner Johnson opposing.
b) Development Agreement (not a public hearing)
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Development Agreement for the Oasis at Lake Bennet Apartments per staff's
recommendation. Motion carried 3-2 with Commissioner Wilsen and
Commissioner Johnson opposing.
J. REGULAR AGENDA
13. Code Enforcement Reduction of Fine/Lien by Edgar Bean Jr. on behalf of Deusche
Bank National Trust Co. Trustee regarding 115 Hopewell Drive. (Assistant Director of
Support Services Gaines)
This case involved a vacant property with miscellaneous trash/debris. These were conditions constituting an
attractive public nuisance to the public health, safety and welfare. The property owner, Akpinar Esma Ipek,was
cited on September 6, 2012, by Code Officer Robert Siegrist. The code in violation was: 115-3 Prohibited Act
Nuisance. On October 23,2012,the Code Enforcement Board issued an order to comply by November 5,2012,
or be fined $250.00 per day. On November 27, 2012, the Code Enforcement Board imposed fine and lien for
non-compliance. The violation was found in compliance on May 21, 2014. Deusche Bank, the new property
owner, is requesting the fine/lien amount of$143,750.00 be reduced to facilitate a traditional sale to contract
pending buyers.
On May 26, 2015, the Code Enforcement Board re-opened the case. The board recommends that the
$143,750.00 fine/lien be reduced to the City's cost of$1,016.00.
Assistant Director of Support Services Gaines gave a brief history of the case. He advised the
violation was found in compliance on May 21, 2014. Deusche Bank, the new property owner, is
requesting the fine/lien amount of $143,750.00 be reduced to facilitate a traditional sale to
contract pending buyers. On May 26, 2015, the Code Enforcement Board re-opened the case.
The board recommends that the $143,750.00 fine/lien be reduced to the City's cost of$1,016.00.
Discussion followed regarding the process we discussed to get the liens cleared up. The City
Manager said the program will be brought forward around October 1st for a limited period of
time, allowing people to clear up their liens at an 85% reduction.
Eddie Bean, 1827 3rd Ct Winter Haven, owns the preservation company that did the work for
Deusche Bank, stated that the property was fully cleaned up and brought into full compliance
within 14 days of the bank owning it. A lot of work had to be done to get the house in Code
compliance and to get HOA compliance. Additional discussion occurred regarding the
appropriate fee.
Commissioner Johnson, seconded by Commissioner Grogan, moved to approve
reduction of fine to $2500 payable within 30 days or it reverts to the original lien.
Motion carried 5-0.
8IPage
Regular City Commission Meeting
June 16, 2015
PUBLIC COMMENT
Martha Lopez-Anderson said she is before the commission on behalf of Silver Bend HOA.
The City issued a permit for a shed when their declaration of covenants does not allow sheds in
their community. She said she knows the City cannot enforce their covenants; however she
feels the City should require an HOA approval letter to be attached to the permit. Commissioner
Keller stated that is not possible, because many HOAs want the City approval before they review
and approve it. Discussion followed with regard to the enforcement of the covenants has to be
between the HOA and the resident, and the HOA attorney should step in. . City Attorney
Cookson noted that the HOA can look online at any time to see if certain permits have been
applied for. Commissioner Keller asked if the City can require an HOA approval in order to
give a permit. Mr. Cookson noted that if we refused a permit on that basis, it would be the City
enforcing the HOA covenants which we should not do. There was discussion regarding sending a
possible notification out to HOAs whenever anyone applies for a permit. Commissioner Grogan
said how much responsibility would that put on the City; could people sue the City? Support
Services Butler explained the complexities of keeping track of who has HOA covenants, what
their covenants say with regard to the contact person. We would have to have a database with all
HOAs covenants and someone to decipher the information. City Attorney Cookson reiterated
the only involvement the city could have is to send out notification that a permit is in the
application process; it would be up to the HOA to pursue it from there.
Further discussion regarding how much authority the city would have to assist in enforcing any
HOA covenants.
City Manager Frank said that the last time such an issue came up we added a statement to the
permit saying that if you are in an HOA, this does not grant you the authority to violate HOA
covenants and you need to check with them. The City is bound by our Code that states if
specific specs are met, then the permit will be approved. Unless we change our Code, we cannot
deny a permit because they have not provided HOA approval.
Mayor Vandergrift stated, without objection, he would like staff and HOA presidents to get
together and come up with a solution to this problem. If any Commissioner would like to be on
that board they can volunteer.
Martha Lopez Anderson also noted that she doesn't like the city accepting such steep lien
reductions on properties (such as the previous case), when the neighborhood has been subjected
to the eyesore for so long. Commission Grogan said he agrees, however in some cases like this
one, the new owner took over the property and got it into compliance in 14 days. They were not
involved with the property while it sat abandoned/vacant for all that time.
9IPage
Regular City Commission Meeting
June 16, 2015
14. Code Enforcement Reduction of Fine/Lien for Ahr-Fl 3 LLC re: 2744 Cullens Court.
(Assistant Director of Support Services Gaines)
This property was cited on June 9, 2011, by Officer Ed Loeffler for miscellaneous junk, trash and debris. The
code in violation was §108-24D, Sanitation Requirements; Care of Premises. On July 26, 2011, the Code
Enforcement Board issued an order to comply by August 8,2011,or be fined$100.00 per day per violation. On
August 25, 2011, the Code Enforcement Board imposed the accruing fine and lien as of August 9, 2011, for
non-compliance of§108-24D.
The new property owner,Ahr-Fl 3 LLC,purchased the property on August 24,2012. Ahr-Fl 3 LLC brought the
property into compliance on November 2, 2012. The property is being maintained. There is a fine/lien in the
amount of$45,300.00 associated with the property. The lien was foreclosed, and there were City abatement
costs from 2011 and 2012, but these were satisfied at closing. The City did file the lien in an order dated
November 7,2012,but this was against Mr.Andre Leirias who no longer owned the home at this time,although
it did show his name via the Orange County Property Appraiser's website.
The City Attorney's office is recommending that City staff seek approval from the City Commission to reduce
and release this lien to$0.00 due to the fact the fact that the original owner,Mr.Andre Leirias, did not own the
property at the time the City filed the lien.
Assistant Director of Support Services Gaines gave a brief history of the case. He advised the
lien was foreclosed, and there were City abatement costs from 2011 and 2012, but these were
satisfied at closing. The City did file the lien in an order dated November 7, 2012, but this was
against Mr. Andre Leirias who no longer owned the home at this time, although it did show his
name via the Orange County Property Appraiser's website.
The City Attorney's office is recommending that City staff seek approval from the City
Commission to reduce and release this lien to $0.00 due to the fact the fact that the original
owner, Mr. Andre Leirias, did not own the property at the time the City filed the lien.
Commissioner Keller inquired about the abatement payments at the closing and if the City got
any of the money. Mr. Gaines said we did get money for special assessment liens such as
mowing, boarding up, etc. City Attorney Cookson said he believes the situation with this case
is that the lien was placed after the foreclosure process was completed. The person we cited was
not the owner any more.
Commissioner Keller, seconded by Commissioner Grogan, moved to approve
that the lien be reduced to zero and released. Motion carried 5-0.
15. Approval for Additional Funding for Health Insurance Fund. (HR Director Williford
and Finance Director Horton)
In November of 2007, the City of Ocoee began a self-insurance plan for health care coverage to its employees
and dependents. In April of 2008, the City opened its own health care clinic to contain medical costs and
provide efficient medical services to the City's employees and their families.
HR Director Williford said he has been working very closely with the Finance Director, City
Manager, and Insurance (Crowne Group) is requesting for funding being projected to carry them
on through the fiscal year.
Mackie Branham, with Crowne Group, explained that when you are partially self-funded you
there are 15 months of actuarial study to see what your claims projection will be. In the last 24
months out of 758 employees, 620 have had file event through BCBS. Sixteen employees have
incurred over 3.2 million. Those 16 employees exceeded the claims for the prior year for all 758
people.
10IPage
Regular City Commission Meeting
June 16, 2015
The following funding sources were identified by staff:
Account Number Amount Department Description
001-512-10-5600 51,500.00 City Clerk Election Expense
001-513-00-1400 2,000.00 Finance Overtime Expense
001-513-00-3200 2,500.00 Finance Accounting and Auditing Expense
001-513-30-2200 5,000.00 Human Relations Retirement Expense
001-515-00-2200 800.00 Planning Telephone Expense
001-516-00-4900 240,000.00 General Gov't Contingency
001-518-00-1200 10,000.00 Support Services Salaries
001-519-00-4602 5,000.00 Facilities Maintenance Building Maintenance
001-521-00-1200 20,000.00 Police Salary Expense
001-521-00-2200 50,000.00 Police Retirement Expense
001-521-00-6401 20,000.00 Police Vehicle Expense
001-522-00-2200 75,000.00 Fire Retirement Expense
001-522-00-6400 10,000.00 Fire Equipment Expense
001-522-00-7100 6,000.00 Fire Principal Expense
001-524-00-2500 5,000.00 Building Unemployment Expense
001-541-10-1200 10,056.00 Streets Salary Expense
001-541-10-3400 15,000.00 Streets Contractual Services
001-541-10-6300 20,000.00 Streets Paving Improvements
001-541-10-6302 15,000.00 Streets Capital Improvements
001-541-10-6400 1,686.00 Streets Equipment Expense
001-541-40-6400 2,500.00 Fleet Equipment Expense
001-572-00-1200 10,000.00 Recreation Salary Expense
001-572-00-6204 1,200.00 Recreation Park Improvements
001-572-10-1200 5,000.00 Parks Salary Expense
001-572-10-6204 5,000.00 Parks Park Improvements-Montgomery Park
Fund 140 57,936.27 Gen Gov't Red Light Camera violations(lawsuit)
Miscellaneous Expense-dollars
earmarked for Fire Station (District 1-
$265,755),interest earnings and completed
317-516-00-4902 449,547.00 General Fund Project fund small projects
Loan from Stormwater Projects
304,842.00 Fund
103-538-20-4663 30,000.00 Storm Water Emergency Repairs
103-538-20-3102 14,808.00 Storm Water Engineering Expense
401-531-00-1200 25,000.00 Utilities Admin Salary Expense
401-531-00-3128 2,497.00 Utilities Admin Professional Services
401-533-00-4663 4,240.00 Water Facilities Emergency Repairs Expense
401-533-00-6302 17,215.00 Water Facilities Capital Improvements
Capital Improvements Major Water Line
401-533-10-6302 62,103.00 Water Field Operations Replacement and Upgrades
111Page
Regular City Commission Meeting
June 16, 2015
Accoun t Number b Amount Department Description
401-535-00-3400 20,000.00 Wastewater Facilities Contractual
401-535-00-9104 5,876.00 Wastewater Facilities Transfers Out R&R Expense
401-535-10-4663 5,000.00 Wastewater Field Operations Emergency Repairs Expense
401-535-10-4605 29,023.00 Wastewater Field Operations Vehicle Parts and Repair Expense
Capital Improvements Expense-Sewer
401-535-10-6302 7,000.00 Wastewater Field Operations Line Upsizes
402-534-10-5200 7,998.00 Solid Waste POL Supplies
402-534-10-6400 10,045.00 Solid Waste Equipment
402-534-10-6401 26,000.00 Solid Waste Vehicle Expense
Fund 403 32,628.00 Solid Waste Equipment
Total 1,700,000.27
HR Director Williford said that at the first work session they may have to come up with options
for plan design as well as participation to keep us from getting into this situation again. He
explained how the difference between our fiscal year and the insurance running on the calendar
year created some bad timing that caused us not to get reimbursed for costs over $125,000
reinsurance. No matter what insurance quotes we get, it will be based in health history for the
participants so it will not be good.
The Mayor said he would like to put money aside every year to cover claims when we have
another bad year. Mr. Williford said he and the City Manager are not opposed to that; it is just
something that will have to be considered at budget time.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the proposed funding recommended by staff for health insurance costs proiected
through the end of the current fiscal year. Included in the proposed funding is
the $265,755 earmarked for a future fire station in District 1 and a loan to General
Fund to complete its portion of the monies needed. Motion carried 5-0.
16. Second Appraisal Report on Property Available for Purchase Adjacent to City-Owned
Property on Kissimmee Avenue. (Support Services Director Butler)
Staff was asked to compile information regarding property located on South Kissimmee Avenue north and
south of West Floral Street. This block of property is located adjacent to and immediately to the south of
property the city recently purchased from Crittenden Langley at the intersection of South Kissimmee Avenue
and West McKey Street. The property consists of four parcels, all currently owned by Certi-Fine Fruit Co.,Inc.
Staff hired Property Valuation & Consulting, Inc. (Winter Garden, FL)to provide a fee appraisal of the subject
property. For the purposes of the appraisal, the two contiguous industrial properties were treated as a single
unit.The appraised market value for the entire property with an effective date of February 2015 was$247,000.
This information was subsequently provided to the City Commission, which asked staff to do additional
investigative work given the significant gap between the seller's offer and the city's appraisal. Following
consultation with the City Attorney, staff sought the services of a second appraiser in order to ensure that a
well-supported valuation might be developed. This second appraisal was performed by DeRango, Best &
Associates(Orlando,FL)and produced a May 2015 value estimate of$517,700.
The difference between the two appraisals is more than 2:1 and can be traced to variations in the comparable
sales used and the selection of average value for the February appraisal and highest value for the May appraisal.
It may be reasonable to conclude the latter appraisal provides an upper bound on valuation and the actual
market value falls between the figures provided by the two appraisals.
12IPage
Regular City Commission Meeting
June 16, 2015
Support Services Director Butler said they had previously come before the commission
regarding a piece of property that had appraised at $247,000, and a second appraisal has been
done for the property which came in excessively high at $517,000. Mayor Vandergrift asked if
he understands clearly that we have no money to purchase this property. It was agreed by all that
there are no funds available. No further discussion.
17. Discussion of an Unsolicited Offer from West Orange Montessori Charter to Purchase 9
Acres of City-Owned Property on Fuller's Cross Road near Ocoee-Apopka Road for
$650,000. (Support Services Director Butler)
The City acquired 18 acres of land(Parcel No. 06-22-28-0000-00-056) as part of the Coke property. The parcel
is bordered by Fuller's Cross Road on the south and Ocoee-Apopka Road on the west. To the north is SR 429
and to the east is the Ocoee Glad Tidings Assembly of God Church. The city owns additional land to the west
and north of the site on the opposite side of the bounding roadways. West Orange Montessori Charter, d.b.a.
Montessori of Winter Garden Charter School, has submitted an unsolicited offer to purchase approximately 9
acres of the property for$650,000; i.e., the eastern half of the parcel. This offer represents an average price of
about$72,225 per acre. The city would retain the western half bordering on Ocoee-Apopka Road. The offer is
contingent upon a 180-day due-diligence period and satisfaction of buyer's requirements.
This item was heard before Items 14, 15, and 16 due to people waiting in the audience.
Support Services Director Butler advised that the City received an unsolicited offer from West
Orange Montessori Charter School; they are interested in half of the parcel located in the NE
Corner of Fullers Cross Road and Ocoee Apopka Road, near the church. He noted that staff
recommends that we wait a few months to get the 429 Corridor Study back before we can
determine the value and use of that property. He said the representatives from the school wished
to introduce themselves and state why they are interested in that parcel.
Sherilyn Moore introduced herself and gave a brief explanation of their school and their vision.
She explained what is different about this Montessori School than public and even Charter
Schools. The school would have preschool, 3 year olds all the way through 8th grade. She stated
that many of the leaders in technology, such as the founders of Google, are Montessori kids. She
stated that the proposed school will be the first LEED-Platinum school in the nation, meaning the
healthiest and most environmentally friendly school in the county. This will generate a lot of
press and good will for the City of Ocoee and the new vision the city is trying to establish.
Commissioner Johnson inquired about waiting the two months. Support Services Director
Butler explained it is part of the strategic landholding for the City with regard to the SR429
corridor. With all that is in progress, he felt the city should wait to make decisions about this
project. Ms. Moore noted that they are outgrowing their current location in the strip mall at a
rapid pace, and need to get shovels in the ground. The time sensitivity is why we brought this
forward now. The philosophy of the school is to be environmentally friendly, so building on this
land and preserving as many trees as possible will take time. Mayor Vandergrift explained that
land is also available on the Coke Property there is about 15 acres that may be an option. Ms.
Moore said they are open to looking at this land; they have a great relationship with OCPS and
they have hit the four-year mark so they are over the hump where 90% of charter schools that fail
do so in the first three years. Mr. Butler said even if we wished to move forward with an
appraisal we would want to wait for the corridor study. That study will determine the highest
and best use of that property which is a key component in determining value. Mayor
Vandergrift said we will take this under advisement, but would like her to look at the other
13 Wage
Regular City Commission Meeting
June 16, 2015
property he discussed as well. He said that property could be expanded since it appears the
middle school will not be built. Commissioner Johnson said he heard they are building a new
VoTech school out there. Commissioner Wilsen this would be the third Charter School in our
community and these schools bring in kids from all over with no preference to Ocoee kids.
Commissioner Wilsen said before they move forward with any more Charter Schools she
believes they should have Orange County School Board come before them give a presentation.
She is bothered that we would have no control over who can attend this school. Ms. Moore said
they can determine the hierarchy list for accepting students, where Ocoee residents could be
considered with preference, along with such things as siblings, etc., before it would be opened up
to the lottery. The City of Oakland did this with their Charter School. These things can be easy
to set up when creating a new school.
K. STAFF ACTION ITEMS
L. COMMENTS FROM COMMISSIONERS
Commissioner Grogan—None
Commissioner Wilsen — said that she would like a policy where anyone using the commission
office for a meeting should schedule and reserve it. There was discussion regarding the possible
need for separate offices for commissioners. Additionally, the conference room and other rooms
throughout city hall are available. The City Manager suggested the conference room in the city
manager's office. Commissioner Johnson said that he suggests she discuss that the City
Manager that we get private offices. Commissioner Keller said he also meets with people
outside of the city. Commissioner Wilsen said she will go ahead and make her own
arrangements as far as booking and posting meetings. City Attorney Cookson said any
commissioner can book a meeting with someone and not invite other commissioners. It is true
that other commissioners can attend and not say anything, but for practical and appearance
purposes it is better if they do not attend.
Commissioner Keller—None
Commissioner Johnson—None
Mayor Vandergrift—None
ADJOURNMENT
Meeting adjourned at 10:31 p.m.
APPROVED:
Attest: City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
14IPage