11-20-2018 CRA Agenda Packet
COMMUNITY REDEVELOPMENT AGENCY ANNUAL BUDGET MEETING
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
September 5, 2018MINUTES6:00 p.m.
I.Roll Call and Determination of Quorum(6:02p.m.)
CRA Chair Wilsen called the Community Redevelopment Agency Board to order at 6:02 p.m.
in the Commission Chambers of City Hall. Deputy City Clerk Heardcalled roll and declared a
quorum present.
Roll Call: Chair Wilsen,Vice-ChairGrogan,Member Johnson, Member Firstner, Member
Oliver,Member Duncan,and Member June
Also Present:City Manager Frank, Assistant City Manager Shadrix, Assistant City Attorney
Crosby-Collier, and Deputy City Clerk Heard
II.Public Comments -None
III.Approval of Minutes of the April 12, 2018, Regular CRA Board Meeting(6:03 p.m.)
Vice-Chair Grogan, seconded by MemberJohnson, moved to approve the CRA
minutes ofthe Meeting on April 12, 2018, as presented. Motion carried 7-0.
Assistant City Manager Shadrix announced the City has officially hired Ginger Corless, AICP,
CPRP, as the Deputy Development Services Director/CRA Administrator. He informed them
Deputy Development Services Director/CRA Administrator Corless will be presenting the bulk
of the meeting tonight; and further,informed them that she prepared the original Downtown
Masterplan for the City and carries a tremendous amount of experience and expertise within the
planning and design field.
IV.Fourth Amendment to Development and Economic Incentive Agreement –City
Center West Orange Phase 1
Assistant City Attorney Crosby-Collier announced this is an informational itemonly and will
be before the City Commission soon. She indicated the reason for this Fourth Amendment is to
extend dates for the following:Building plan review discount, transportation impact fee credits,
parks and recreation impact fee credits, acceptance by the City for certainpublic roads and the
pond. The new expiration date is September 18, 2019.
Assistant City Manager Shadrix explained the City hired Economist Steve McDonald with
GAI Consultants who performed an analysis which indicated this extension would not affect the
City, which is why City staff will be recommending approvalwhen it goesbefore the City
Commission.
Chair Wilsen asked whether a consensus of the board is warranted. Assistant City Attorney
Crosby-Collier answered a consensus is not needed.
Chair Wilsen asked the board if anyone had any questions,whichno questions were asked. She
further asked the board if anyone was not in agreement with this extension to which no one
indicated they were.
V.Update on Existing Projects(6:09 p.m.)
Deputy Development Services Director/CRA Administrator Corlessexplained the packets
placed in front of them. She announced the City has submitted the 2016/2017 Annual CRA
Report to the Florida Redevelopment Association (FRA) for an award, which they will hear back
in approximately two weeks. She invited the members and community to visit the new CRA
office, which is located within City Hall on the first floor. The CRA continues to brand their new
name and logo, and a new stationery package has been completed.
She updated the board indicating the landscape enhancementon Old Winter Garden Roadis now
complete and looks great. The South Blackwood Refreshwill be starting soonas well as the Old
Winter Garden Road Beautification Phase 2 (S. Blackwood Ave. to Hempel Ave.).The
streetscape designs will be done in-house by Urban Designer Peter Kisicki who is a landscape
architect.
She indicated the South Bluford Corridor Plan is moving forward, which is a very important
study for the CRA as well asthe City as a whole. This study will analyze the connectivity
between people,bikes and cars along with looking at the aesthetics, utilitiesand functionality.
This Study will also address the transition from thedowntown to the CRA District. The North
Blackwood Avenue Streetscape project is currently with the engineers and the conceptual plan
should be available in November with 60percentof the documentsfinalized.
Deputy Development Services Director/CRA Administrator Corlesswas very excited to
announce the FDOT landscapinggrant for $775,000 over a two-year fiscal period has been
approved. This grant is for landscaping the SR 50 mediansfrom SR 429 to Good Homes Road
with landscaping installation scheduled approximately March of 2019.She updated the board
regarding Fifty West Wellness Park, which will be a half-mile walking trail with workout
stations and will be locatedin between South Bluford Avenue and Ocoee Commerce Parkway.
As connectivity is especially important with parks, the CRA is considering incorporating the
ponds by the police station and Old Winter Garden Road.There were no questions by board
members.
VI.Proposed FY 2018-2019Budget(6:18 p.m.)
Deputy Development Services Director/CRA Administrator Corlessexplained the FY
2018/2019 budget is $2,738,448, which is a 114 percent increase over last year. This increase is
due to the receipt of $1,105,406 for the Maguire Property Settlement and cash carried forward
from FY 2017/218 budget. The estimated revenuestotal$2,738,448; and because of increased
property values and new businesses, there is an 88.8 percent increasein the Cityand County
increment.She further explained the estimated expenditures forFY 2018/2019 total $2,738,448.
She highlighted Capital Expenditures, which entails on-going projects from FY 2017/2018 and
new projects and advised the board of a new line item entitled “LandAcquisition/Incentive
Programs,” which represents the CRA’s interests to find opportunities within the redevelopment
district for acquisition and opportunities for public private partnerships.The CRA also wants to
research incentivesand grant programs for developers, business owners as well as tenants within
the district.
Deputy Development Services Director/CRA Administrator Corlessfollowed up by stating
in November they will be bringing forth a new grant program for the board’s review and
approval.She asked the Board if they have any comments and/or questions.
Member Oliverinquired about the marketing plan to promote Fifty West. Deputy
Development Services Director/CRA Administrator Corlessexplained staff will be
discussing at a future meeting with this board a tiered approach of how theywill be marketing
and reaching out to current businesses and property owners within the district; and further, staff
will be seeking recommendations from this board on marketing and communicating to potential
developers to bring their businesses into the CRA District.
Chair Wilseninquired if any board members have any questions and/or concerns,whichnone
were made.
Assistant City Attorney Crosby-Collierread the title of the resolution.
A RESOLUTION OF THE OCOEE COMMUNITY
REDEVELOPMENT AGENCY ADOPTING A BUDGET
FOR FISCAL YEAR 2018-2019; PROVIDING FOR BUDGET
ADJUSTMENTS AND THE APPROPRIATION OF FUNDS;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Vice-ChairGrogan, seconded by MemberOliver, movedto adopt CRA Resolution
No. 2018-001 adopting the CRA Budget for Fiscal Year2018-2019.Motion carried
7-0.
Member Juneinquired if there is a long-range financial plan in conjunctionwith their CRA
budget. Deputy Development Services Director/CRA Administrator Corlessexplained when
the CRA was established in 2006, a 30-Year CRA Plan was put in place as well.The CRA
Target Areas Special Development Plan was formed in 2010, which established even more
defined specified plansand goals.She stated she has already gone back and reviewed the 2006
plan; and further, over the next year staff will be looking at refining the plan, because according
to State Statute,the CRA has to show that everything they are working on correlates to a goal,
project or policy that was identified inthe 2006 CRA Plan.She further explained that the
majority of CRAs do not see any increment until their 10thyear to which this CRA is currently
in their 12thyear.
Chair Wilsen mentioned the 30-Year CRA Plan will be very interesting for this board to see,
because most of this board was not around then. Deputy Development Services Director/CRA
Administrator Corlesssaid she will send the board a link to the plan, because it is their
responsibility to validate that staff is staying oncourse.
VII.Set FY 2018/2019 CRA Board Meeting Dates(6:29 p.m.)
Deputy Development Services Director/CRA Administrator Corlessannounced the CRA is
changing to a fiscal year calendar and asked the board to pick their meeting dates for Fiscal Year
2018/2019.She informed the board that it is required to have at least four (4) meetingsper fiscal
year.
Chair Wilsen asked every member their preference on future meeting dates. Member June
mentioned he has a conflictwith Tuesday, February 19, 2019.
Member Johnson,seconded by Vice-Chair Grogan, moved to schedule the Fiscal
Year2018/2019 meeting dates to the first Tuesdays before the City Commission
meetings; November 20, 2018; February 5, 2019; May 7, 2019 and September 17,
2019.Motion carried 7-0.
Deputy Development Services Director/CRA Administrator Corlessadvised each board
member will be receiving a complete packet before each meeting; and further, if they have any
questions and/or concerns, please speak with her prior to the meeting.
VIII.Board Member Comments
Vice-ChairGrogan shared he has been present since the beginning, and he is very excited to
start to see this area change along with the revitalization of the downtown.
Member Duncanshared that he thinks the medians along Old Winter Garden Road look
fantastic. He has heard a lot of great comments about them from Health Central.
Member Johnsonadvised Member Juneof how he may be able to calculate future cost
estimates of projects.
Member Juneclarified that because this board makes decisions, he wants to make sure that the
game plan will be followed through and executed, but he understands the game plan will be
modified as they continue to meet.
Member Johnson sharedhe believes the landscaping on Old Winter Garden Road is looking
really niceand will come together very well when it continues down Hempel Avenue.
Member Firstnerstated everything looks good, but he is concerned with the pond at the future
Wellness Park site and whether it will be incorporated into the park and who will be maintaining
it. Deputy Development Services Director/CRA Administrator Corlessinformed the board
an amenity within a city park utilizes a management plan along with adesignpackage. Staff will
be modifying the pond drainage plans; and further, the environmental components and how the
City manages it will be included in the planning package.
Member Oliverannouncedhe thinks everything looks really great. He stated educating the
public about the CRA and theirprojects is very important to him.
Member Juneannounced that the Health Central Hospital Board is very appreciative of the new
landscaping.
Chair Wilsensharedshe is very pleased with Health Central’snew University of Florida Health
Cancer Centerlocated within the CRA, which will allow the CRA to prosper, and it is a
wonderful advantage for localresidents.
Member Duncan announced the skilled nursing facility will be opening in mid to late February;
and further, stated the hospital will be improving their entryways into the new cancer center to
tie in with the new landscapingthat the CRA installed.
ADJOURNMENT
The meeting was adjourned at 6:40p.m.
Attest:APPROVED:
_________________________________________________________
Kathy Heard, SecretaryRosemary Wilsen, Chair
BY-LAWS OF THE
OCOEE COMMUNITY REDEVELOPMENT AGENCY
Index to By-Laws
ARTICLE1:DEFINITIONS......................................................................................................1
ARTICLE2:GENERAL............................................................................................................1
2.1 Establishment and Name ..................................................................................... 1
2.2 Purpose and Objectives ........................................................................................ 1
2.3 Members and Terms ............................................................................................ 1
2.4 Compensation ...................................................................................................... 1
2.5 Removal of an Appointed Board Member ............................................................ 2
2.6 Compliance with City Policies ............................................................................. 2
2.7 Powers and Authorities ........................................................................................ 2
2.8 Offices(s) ............................................................................................................ 2
ARTICLE 3: OFFICERS AND EMPLOYEES ........................................................................... 2
3.1 Officers ............................................................................................................... 2
3.2 Chair ................................................................................................................... 2
3.3 Vice-Chair ........................................................................................................... 2
3.4 Executive Director ............................................................................................... 2
3.4.1 Responsibility .......................................................................................... 2
3.4.2 Property Negotiations ............................................................................... 3
3.4.3 Purchase Orders ....................................................................................... 3
3.5 City Clerk as Secretary ........................................................................................ 3
3.6 Director of Finance as Treasurer .......................................................................... 3
3.7 General Counsel and Special Counsel. ................................................................. 3
3.7.1 General Counsel. ...................................................................................... 3
3.7.2 Special Counsel. ....................................................................................... 3
3.8 Employees, Agents and Consultants ..................................................................... 3
ARTICLE 4: MEETINGS ........................................................................................................... 3
4.1 Regular Meetings ................................................................................................. 3
4.2 Special Meetings ................................................................................................. 4
4.3 Emergency Meetings ........................................................................................... 4
4.4 Notice of Meetings ............................................................................................... 4
4.5 Place of Meetings ................................................................................................ 4
4.6 Quorum and Voting ............................................................................................. 4
4.7 Voting Rights ...................................................................................................... 4
4.8 Recessed and Continued Meetings ....................................................................... 4
4.9 Rules of Order ..................................................................................................... 5
4.10 Public Participation .............................................................................................. 5
4.11 Agendas ............................................................................................................... 5
4.12 Conflict of Interest. .............................................................................................. 5
ARTICLE 5: CONTRACTS ....................................................................................................... 5
5.1 Execution of Instruments ..................................................................................... 5
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5.2 Real Property Acquisition and Disposition................................................................ 5
5.3 Purchasing Procedures................................................................................................ 5
ARTICLE 6: FISCAL MATTERS ..................................................................................................... 5
6.1 Fiscal Year ................................................................................................................... 5
6.2 Budget. ......................................................................................................................... 5
6.3 Accounting Practices.................................................................................................. 6
6.4 Annual Audit. .............................................................................................................. 6
6.5 Annual Report ............................................................................................................. 6
6.6 Bonding of Officers and Employees.......................................................................... 6
6.7 Maintenance and Disbursement of Funds ................................................................. 6
6.8 Supervision of Accounts .............................................................................................6
ARTICLE 7: COMMITTEES ............................................................................................................. 6
7.1 Power to Create .......................................................................................................... 6
ARTICLE8: AMENDMENTS .......................................................................................................... 6
8.1 Amendments ................................................................................................................ 6
ARTICLE 9: INDEMNIFICATION AND INSURANCE ............................................................... 7
9.1 Indemnification of the CRA, its Officers, Members andEmployees ...................... 7
9.2 Insurance ...................................................................................................................... 7
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BY-LAWS OF THE
OCOEE COMMUNITY REDEVELOPMENT AGENCY
(A Community Redevelopment Agency Created
Pursuant to Chapter 163, Part III, Florida Statutes)
These By-Laws of the Ocoee Community Redevelopment Agency address the
administration and management of the Agency. Duties and responsibilities of the Community
Redevelopment Agency are set forth in Chapter 163, Part III, Florida Statutes, these By-Laws
and ordinances of the City of Ocoee, a Florida municipal corporation. If a conflict arises
between any provision of Chapter 163, Part III, Florida Statutes, these By-Laws and the
ordinances, then the statute shall prevail.
ARTICLE 1: DEFINITIONS
Unless otherwise noted in the By-Laws, the terms used herein have the same
meaning as defined in Section 163.340, Florida Statutes.
ARTICLE 2: GENERAL
2.1 Establishment and Name. Pursuant to Chapter 163, Part III, Florida
Statutes, the City Commission of the City of Ocoee, Florida, as the City's governing body (the
"City") establisheda community redevelopment agency known as the OcoeeCommunity
Redevelopment Agency (the "CRA"), as a legal entity, separate, distinct, and independent from
the City.
2.2 Purpose and Objectives. The purpose of the CRA is to formulate a
workable program for utilizing appropriate private and public resources to eliminate and prevent
the development or spread of slum and blighted areas within designated areas of the City,
consistent with the Ocoee Community Redevelopment Plan adopted by the City Commission in
Resolution No. 2006-007, datedMay 16, 2006, as such Plan may from time to time be amended.
2.3 Members and Terms. In accordance with Section 163.357(1)(a) and
(c), Florida Statutes, and City of Ocoee Ordinance Number 2006-007, the CRA shall be
governed by a board (the "Board") consisting of the five members of the Ocoee City
Commission plus two individuals appointed by the City Commission. One of the appointed
members shall be nominated by Orange County and appointed by the City Commission. Those
CRA Board members who are also members of the City Commission shall have terms that run
concurrent with their City Commission terms. The term of office of the appointed members shall
be for four (4) years, except that the first person appointed shall initially serve a term of two
years. Each Board member shall holdoffice until his or hersuccessor has been appointed.
2.4 Compensation. Board members shall serve without compensation
from the CRA, but shall be entitled to reimbursement for their actual and necessary expenses
incurred in the discharge of their duties for the CRA. Requests for reimbursement shall be
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subject to the requirements as applicable to members of the Ocoee City Commission under the
policies of the City.
2.5 Removal of an Appointed Board Member.The City may remove an
appointed member for inefficiency, neglect of duty, or misconduct in office only after a hearing
and only if he or she has been given a copy of the charges at least ten (10) days prior to such
hearing and has had an opportunity to be heard in personor bycounsel.
2.6Compliance with City Policies. Except where as noted in these By-
Laws, the City of Ocoee policies and procedures shall govern the actions of the CRA.
2.7 Powers and Authorities. In accordance with Chapter 163, Part III,
Florida Statutes, the CRA shall have all the powers and authority necessary or convenient to
carry out and effectuate the purposes and provisions of the referenced statute.
2.8 Offices(s). The office of the CRA shall be those of the City of Ocoee
City Manager. The person in charge of said office shall be the City Manager or the City
Manager's designated representative.
ARTICLE 3: OFFICERS AND EMPLOYEES
3.1 Officers. The officers of the CRA shall be a Chair and a Vice-Chair.
3.2 Chair. The Board of the CRA shall annually designate the Chair of the
CRA. The Chair shall preside at all meetings of the CRA and shall execute instruments in the
name of the CRA as may be required, appoint such committees from time to time as may be
deemed appropriate, and exercise such other powers as may be designated by these By-laws or
by Chapter 163, Part III, Florida Statutes.
3.3 Vice-Chair. The Board of the CRA shall annually designate the Vice-
Chair of the CRA. The Vice-Chair shall, in the absence, disqualification, resignation or death or
disability of the Chair, or at the Chair's direction, exercise the functions of the Chair.
3.4 Executive Director. The City of Ocoee City Manager shall serve as the
Executive Director of the CRA. The Executive Director shall function as the chief administrative
officer of the CRA and will be responsible foradministering its business and operations. In
addition to the duties set forth below, the Executive Director shall perform such other duties and
responsibilities as may be designated by the Board. Any reference in these By-Laws as to the
Executive Director shall also be construed
3.4.1 Responsibility. The Executive Director shall be responsible for
carrying out the policies established by the CRA and shall have general supervision over, and be
responsible for, the performance of the day-to-day operations of the CRA. The Executive
Director may, with the approval of the CRA, hire and set compensation for necessary employees
of the CRA except as otherwise provided for herein. The Executive Director shall be responsible
for preparing an annual budget for the CRA's approval, and shall be otherwise responsible for the
CRA's fiscal operations.
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3.4.2 Property Negotiations. The Executive Director may evaluate and
negotiate for the CRA to acquire appropriate parcels of property in accordance with approved
CRA redevelopment plan, applicable laws, statutes, ordinances, rules, regulations and CRA
actions.
3.4.3 Purchase Orders. The Executive Director shall be authorized to sign
work orders and purchase orders on behalf of the CRA.
3.5 City Clerk as Secretary. The City of Ocoee City Clerk, or designee,
shall serve as the Secretary of the CRA and as such shall prepare CRA agendas, be the custodian
of all books and records of the CRA, keep the minutes and a recording of all votes of all CRA
meetings, send out all notices of meetings and shall perform such other duties as may be
designated by the CRA. The City Clerk may delegate such duties to one or more individuals as a
designee of the CRA supervised by the City Clerk.
3.6 Director of Finance as Treasurer. The City of Ocoee Director of the
Finance Department shall serve as the Treasurer of the CRA to keep the financial records of the
CRA and administer the CRA's budget; shall keep full and accurate accounts of receipts and
disbursements of the CRA; shall have custody of all funds of the CRA and shall render such
periodic budget reports as requested by the CRA; shall assist the CRA in the preparation of a
proposed annual budget; and shall make and file all financial reports and statements necessary to
be made and filed by the CRA.
3.7 General Counsel and Special Counsel.
The Board members may
3.7.1 General Counsel.The City Attorney will serve as General Counsel.
appoint an attorney to serve at its pleasure
The General Counsel shall be licensed in the practice of law in the State of Florida. The Board
as General Counsel and handle the CRA's
legal matters.
waives any conflict which may arise in connection with the City Attorney's continuing
representation of the City.
The City Attorney may serve as
General Counsel.
in the event the City Attorney
3.7.2 Special Counsel. The Board members may appoint such additional
also serves as General Counsel
legal counsel as they deem necessary to serve as Special Counsel for the CRA. The Special
Counsel shall be licensed in the practice of law in the State of Florida. Any such Special Counsel
appointed by the Board may also serve as special counsel to the City of Ocoee on matters related
and unrelated to the CRA.
3.8 Employees, Agents and Consultants. In accordance with City of
Ocoee policies, the Executive Director of the CRA may hire, retain, and engage such employees,
agents, consultants, experts, attorneys and specialists, as deemed necessary. Unless otherwise
noted, CRA employees will be considered to beCity ofOcoee employees.
ARTICLE 4: MEETINGS
4.1 Regular Meetings. The CRA shall hold a regular meeting at least four
times each fiscal year, one of which shall include the CRAbudget, on a day and at a
time and place to be designated from time to time by the CRA. The regular CRA meetings may
be held in conjunction with City Commission meetings.
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4.2 Special Meetings.The Chair, any other two (2) Board members, or the
Executive Director of the CRA may require the calling of a special meeting at a reasonable time
and place by requesting the Executive Director to arrange for and give notice of such special
meeting. The special CRA meetings may be held in conjunction with City Commission
meetings.
4.3 Emergency Meetings. Emergency meetings of the CRA may be called
at any time and place by the Chair, a majority of the Board members, or the Executive Director
by the Executive Director providing personal or telephonic notice to Board members, specifying
the time and place of the emergency meeting and the business to be transacted. No other
business shall be considered at such meeting. Notice of an emergency meeting may be waived in
the same manner as notice of a special or regular meeting. The emergency CRA meetings may
be held in conjunction with City Commission meetings.
4.4Notice of Meetings. The Secretary will mail or deliver written notice
of each regular meeting to Board members at least three (3) days prior to such meeting. Written
notice may be in the form of email or calendar invitation. Written notice of any special meeting
shall be mailed or delivered at least two (2) days prior to such meeting unless notice of the
meeting is waived in writing by all Board members before, at or after the meeting. Unless
otherwise stated in these By-Laws, "days" means "working days." The notice of any special
meeting shall set forth the purpose of the special meeting and no other business shall be
conducted at that meeting unless a waiver of notice is obtained from all Board members. Notice
of all special and regular meetings shall be provided to the public, appropriate City and County
officials, and the news media. Notice of emergency meetings shall be provided to the public,
appropriate City and County officials, and the news media as is reasonable under the
circumstances. Notice of all meetings shall be posted at Ocoee City Hall.
4.5 Place of Meetings. Unless otherwise noted in the meeting
announcement notice, all CRA Board meetings (Regular, Special, or Emergency) shall be held
in the City of Ocoee City Commission Chambers, City Hall, 150 North Lakeshore, Ocoee, FL
34761.
4.6 Quorum and Voting. A majority of the Board members shall constitute
a quorum for the purpose of conducting business. When a quorum is present, the CRA may act
by a vote of a majority of the Board members present, unless otherwise provided by law or these
By-Laws. If any meeting cannot be conducted because a quorum is not present, the Board
members who are present may adjourn the meeting to a time certain, and notice of such
adjourned meetingshall be given to each Board member, unless waived.
4.7 Voting Rights. Each Board member shall be entitled to one vote.
Proxy votes and absentee ballots shall not be allowed.
4.8 Recessed and Continued Meetings. Where a meeting has been set and
noticed under the provisions of these By-Laws and, during the course of said meeting, it is
recessed to a future time and place certain, there shall be no requirements for giving of notice of
the time and place of continuation of said meeting other than the announcement thereof at said
meeting.
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4.9 Rules of Order. All meetings shall be conducted in accordance with
the procedures approved and utilized by the City Commission of the City of Ocoee, provided,
however, in the absence of any applicable procedure of the City Commission, the most recent
Edition of Robert's Rules of Order, Revised, shallapply.
4.10Public Participation. All meetings shall be open to the public and all
records shall be public records. Citizens will be afforded the opportunity to voice their comments
and concerns to the CRA Board in accordance with law and within the constraints of time and
relevance as determined by the Chair.
4.11 Agendas. The CRA Board will normally follow its printed or typed
agenda for the order of business at each meeting. The Chair, if there is no objection from the
Board members, may alter, including temporarily passing, the order of business on the agenda.
If an objection is made by a member, a motion duly made and passed is required to rearrange the
order of business noted on the agenda.
4.12 Conflict of Interest. The members will be governed by the applicable
requirements of Section 112.3143, Florida Statutes, as may be amended from time to time.
ARTICLE 5: CONTRACTS
5.1 Execution of Instruments. Contractual instruments of the CRA shall
be executed by the Chair and attested to by the Secretary. In the absence of the Chair, the Vice-
Chair may execute such instruments.
5.2 Real Property Acquisition and Disposition. The acquisition, convey-
ance, and leasing of real property by the CRA shall be done in accordance with the same policies
and procedures applicable to the acquisition, conveyance, and leasing of real property by the City
of Ocoee.
5.3 Purchasing Procedures.Except as may be required by law or when
required by the Board of the CRA, the purchasing policies and procedures of the CRA shall be
the same as the purchasing policies and procedures applicable to the City of Ocoee with all limits
and authorities. All references and authorities in the purchasing policies and procedures enjoyed
by the City Manager shall be applicable to the CRA Executive Director for the purposes of the
foregoing.
ARTICLE 6: FISCAL MATTERS
6.1 Fiscal Year. The fiscal year of the CRA shall begin on October 1 and
end on September 30 of each year.
6.2 Budget. The Executive Director shall prepare an annual budget and
work program for the CRA Board's approval for each fiscal year, and such other budgets as the
CRA Board may determine. The CRA shall not expend any funds other than those in the budget
or otherwise authorized by the CRA Board, provided however, that the Board shall have the
power to amend the budget as may from time to time be necessary.
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6.3 Accounting Practices. The CRA shall comply with applicable Florida
law and all regulations of the State Department of Banking and Finance regarding uniform
accounting practices and procedures for units of local government.
6.4 Annual Audit. The Executive Director shall arrange for an independent
financial audit of the Redevelopment Trust Fund(s), as established in accordance with the
provisions of Section 163.387, Florida Statutes, each fiscal year and a report of such audit(s) by
an independent certified public accountant in accordance with the provisions of Section
163.387(8), Florida Statutes. The CRA shall provide a copy of such report(s) to each taxing
The CRA Board shall
authority contributing to the Redevelopment Trust Fund. The annual audit will be performed by
select the auditor(s).
the same independent auditor used by the City for its annual audit or the CRA Board may elect to
contract with a different independent auditor(s).
shall
6.5 Annual Report. The CRA shall file with the City of Ocoee, on or
select the
before March 31 of each year, a report of its activities for the preceding fiscal year in accordance
with the provisions of Section 163.356(3)(c), Florida Statutes. At the time of filing this report,
the CRA shall publish in a newspaper of general circulation in the City a notice to the effect that
such report has been filed with the City and that the report is available for inspection during
business hours in the office of the Clerk of the City and in the CRA's office.
6.6 Bonding of Officers and Employees. The CRA may require that any
or all Board members and employees be required to post bond for faithful performance of duty.
The CRA will pay bonding costs for all such bonds it requires.To the extent that the City
requires a bond for its elected officials or employees, the CRA shall also require a bond for its
members and any employees.
6.7 Maintenance and Disbursement of Funds. All funds of the CRA shall
be used only for purposes permitted by Chapter 163, Part III, Florida Statutes. Funds shall be
distributed only at the direction or with the approval of the CRA pursuant to an adopted budget
and with appropriate requisitions or purchase orders signed by the Executive Director.
6.8 Supervision of Accounts. The Executive Director and the Treasurer,
subject to the direction of the CRA, shall have control of and be responsible for the internal
supervision and control of the accounts of the CRA.
ARTICLE 7: COMMITTEES
7.1 Power to Create. The CRA Board may create committees, from time
to time, as shall be necessary to carry out the functions, purposes and objectives of the CRA, in
addition to such committees as may be appointed by the Chair as provided in Section 3.2 herein.
ARTICLE 8: AMENDMENTS
8.1 Amendments. The By-Laws of the CRA may be amended at any
regular or special meeting by a majority vote of the Board members. No such amendment shall
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be adopted unless at least two (2) days' written notice thereof has been previously given to the
Board members.
ARTICLE 9: INDEMNIFICATION AND INSURANCE
9.1 Indemnification of the CRA, its Officers, Members and Employees.
Any of the CRA, its officers, Board members or other employees may be indemnified or
reimbursed by the CRA for reasonable expenses (including, but not limited to, attorneys' fees,
judgments and payments in settlement) actually incurred in connection with any action, suit or
proceeding, civil or criminal, actual or threatened, to which such person shall be made a party by
reason of such person being or having been, or by reason of any actual or alleged acts performed
or omitted to be performed in connection with such person being or having been aCRA member,
officer or employee of the CRA; provided, however, that no person shall be so indemnified or
reimbursed in relation to any matter in such action, suit or proceeding as to which such person
shall finally be adjudged to have been guilty of or liable for gross negligence or willful
misconduct or criminal acts in the performance of such persons duties to the CRA; and provided
further, that no person shall be so indemnified or reimbursed in relation to any matters in such
action, suit or proceeding which has been made the subject of a compromise settlement except
with the approval of a court of competent jurisdiction, or the CRA Board acting by vote of
members not parties to the sameor substantially the same action, suit or proceeding, constituting
a majority of the remaining Board members. The foregoing right of indemnification or
reimbursement shall not be exclusive of other rights to which such person, their heirs, executors
or administrators may be entitled as a matterof law.
9.2 Insurance. The CRA may purchase insurance for the purpose of
indemnifying its Board members, officers and employees to the extent that such indemnification
is allowed in Section 9.1 herein. The CRA may purchase other insurance, including liability and
hazard insurance, as it deems necessary and appropriate.
Adopted on October 3, 2006 by
the Board of Commissioners of the City of
Previously adopted on October 3, 2006, and amended and adopted by the Ocoee Community
Ocoee Community Redevelopment
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Agency.
Redevelopment Agency Board on this 20 day of November 2018.
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BY-LAWS OF THE
OCOEE COMMUNITY REDEVELOPMENT AGENCY
Index to By-Laws
ARTICLE 1: DEFINITIONS .......................................................................................................... 1
ARTICLE 2: GENERAL ................................................................................................................ 1
2.1 Establishment and Name ......................................................................................... 1
2.2 Purpose and Objectives ........................................................................................... 1
2.3 Members and Terms ................................................................................................ 1
2.4 Compensation .......................................................................................................... 1
2.5 Removal of an Appointed Board Member ............................................................... 2
2.6 Compliance with City Policies ................................................................................ 2
2.7 Powers and Authorities ............................................................................................ 2
2.8 Offices(s) .................................................................................................................2
ARTICLE 3: OFFICERS AND EMPLOYEES ...............................................................................2
3.1 Officers ................................................................................................................... 2
3.2 Chair ....................................................................................................................... 2
3.3 Vice-Chair .............................................................................................................. 2
3.4 Executive Director .................................................................................................. 2
3.4.1 Responsibility ............................................................................................. 2
3.4.2 Property Negotiations ................................................................................. 3
3.4.3 Purchase Orders .......................................................................................... 3
3.5 City Clerk as Secretary .......................................................................................... 3
3.6 Director of Finance as Treasurer ............................................................................. 3
3.7 General Counsel and Special Counsel. ................................................................... 3
3.7.1 General Counsel. ........................................................................................ 3
3.7.2 Special Counsel. ......................................................................................... 3
3.8 Employees, Agents and Consultants ....................................................................... 3
ARTICLE 4: MEETINGS .............................................................................................................. 3
4.1 Regular Meetings .................................................................................................... 3
4.2 Special Meetings ..................................................................................................... 4
4.3 Emergency Meetings .............................................................................................. 4
4.4 Notice of Meetings .................................................................................................. 4
4.5 Place of Meetings .................................................................................................... 4
4.6 Quorum and Voting ................................................................................................ 4
4.7 Voting Rights .......................................................................................................... 4
4.8 Recessed and Continued Meetings ......................................................................... 4
4.9 Rules of Order ......................................................................................................... 5
4.10 Public Participation ................................................................................................. 5
4.11 Agendas .................................................................................................................. 5
4.12 Conflict of Interest. ................................................................................................. 5
ARTICLE 5: CONTRACTS ........................................................................................................... 5
5.1 Execution of Instruments ........................................................................................ 5
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5.2 Real Property Acquisition and Disposition................................................................ 5
5.3 Purchasing Procedures ................................................................................................ 5
ARTICLE 6: FISCAL MATTERS ..................................................................................................... 5
6.1 Fiscal Year ................................................................................................................... 5
6.2 Budget. ......................................................................................................................... 5
6.3 Accounting Practices .................................................................................................. 6
6.4 Annual Audit. .............................................................................................................. 6
6.5 Annual Report ............................................................................................................. 6
6.6 Bonding of Officers and Employees.......................................................................... 6
6.7 Maintenance and Disbursement of Funds ................................................................. 6
6.8 Supervision of Accounts .............................................................................................6
ARTICLE 7: COMMITTEES ............................................................................................................. 6
7.1 Power to Create .......................................................................................................... 6
ARTICLE 8: AMENDMENTS .......................................................................................................... 6
8.1 Amendments ................................................................................................................ 6
ARTICLE 9: INDEMNIFICATION AND INSURANCE ............................................................... 7
9.1 Indemnification of the CRA, its Officers, Members and Employees ...................... 7
9.2 Insurance ...................................................................................................................... 7
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BY-LAWS OF THE
OCOEE COMMUNITY REDEVELOPMENT AGENCY
(A Community Redevelopment Agency Created
Pursuant to Chapter 163, Part III, Florida Statutes)
These By-Laws of the Ocoee Community Redevelopment Agency address the
administration and management of the Agency. Duties and responsibilities of the Community
Redevelopment Agency are set forth in Chapter 163, Part III, Florida Statutes, these By-Laws
and ordinances of the City of Ocoee, a Florida municipal corporation. If a conflict arises
between any provision of Chapter 163, Part III, Florida Statutes, these By-Laws and the
ordinances, then the statute shall prevail.
ARTICLE 1: DEFINITIONS
Unless otherwise noted in the By-Laws, the terms used herein have the same
meaning as defined in Section 163.340, Florida Statutes.
ARTICLE 2: GENERAL
2.1 Establishment and Name. Pursuant to Chapter 163, Part III, Florida
Statutes, the City Commission of the City of Ocoee, Florida, as the City's governing body (the
"City") established a community redevelopment agency known as the Ocoee Community
Redevelopment Agency (the "CRA"), as a legal entity, separate, distinct, and independent from
the City.
2.2 Purpose and Objectives. The purpose of the CRA is to formulate a
workable program for utilizing appropriate private and public resources to eliminate and prevent
the development or spread of slum and blighted areas within designated areas of the City,
consistent with the Ocoee Community Redevelopment Plan adopted by the City Commission in
Resolution No. 2006-007, dated May 16, 2006, as such Plan may from time to time be amended.
2.3 Members and Terms. In accordance with Section 163.357(1)(a) and
(c), Florida Statutes, and City of Ocoee Ordinance Number 2006-007, the CRA shall be
governed by a board (the "Board") consisting of the five members of the Ocoee City
Commission plus two individuals appointed by the City Commission. One of the appointed
members shall be nominated by Orange County and appointed by the City Commission. Those
CRA Board members who are also members of the City Commission shall have terms that run
concurrent with their City Commission terms. The term of office of the appointed members shall
be for four (4) years, except that the first person appointed shall initially serve a term of two
years. Each Board member shall hold office until his or her successor has been appointed.
2.4 Compensation. Board members shall serve without compensation
from the CRA, but shall be entitled to reimbursement for their actual and necessary expenses
incurred in the discharge of their duties for the CRA. Requests for reimbursement shall be
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subject to the requirements as applicable to members of the Ocoee City Commission under the
policies of the City.
2.5 Removal of an Appointed Board Member. The City may remove an
appointed member for inefficiency, neglect of duty, or misconduct in office only after a hearing
and only if he or she has been given a copy of the charges at least ten (10) days prior to such
hearing and has had an opportunity to be heard in person or by counsel.
2.6 Compliance with City Policies. Except where as noted in these By-
Laws, the City of Ocoee policies and procedures shall govern the actions of the CRA.
2.7 Powers and Authorities. In accordance with Chapter 163, Part III,
Florida Statutes, the CRA shall have all the powers and authority necessary or convenient to
carry out and effectuate the purposes and provisions of the referenced statute.
2.8 Offices(s). The office of the CRA shall be those of the City of Ocoee
City Manager. The person in charge of said office shall be the City Manager or the City
Manager's designated representative.
ARTICLE 3: OFFICERS AND EMPLOYEES
3.1 Officers. The officers of the CRA shall be a Chair and a Vice-Chair.
3.2 Chair. The Board of the CRA shall annually designate the Chair of the
CRA. The Chair shall preside at all meetings of the CRA and shall execute instruments in the
name of the CRA as may be required, appoint such committees from time to time as may be
deemed appropriate, and exercise such other powers as may be designated by these By-laws or
by Chapter 163, Part III, Florida Statutes.
3.3 Vice-Chair. The Board of the CRA shall annually designate the Vice-
Chair of the CRA. The Vice-Chair shall, in the absence, disqualification, resignation or death or
disability of the Chair, or at the Chair's direction, exercise the functions of the Chair.
3.4 Executive Director. The City of Ocoee City Manager shall serve as the
Executive Director of the CRA. The Executive Director shall function as the chief administrative
officer of the CRA and will be responsible for administering its business and operations. In
addition to the duties set forth below, the Executive Director shall perform such other duties and
responsibilities as may be designated by the Board. Any reference in these By-Laws as to the
Executive Director shall also be construed
3.4.1 Responsibility. The Executive Director shall be responsible for
carrying out the policies established by the CRA and shall have general supervision over, and be
responsible for, the performance of the day-to-day operations of the CRA. The Executive
Director may, with the approval of the CRA, hire and set compensation for necessary employees
of the CRA except as otherwise provided for herein. The Executive Director shall be responsible
for preparing an annual budget for the CRA's approval, and shall be otherwise responsible for the
CRA's fiscal operations.
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3.4.2 Property Negotiations. The Executive Director may evaluate and
negotiate for the CRA to acquire appropriate parcels of property in accordance with approved
CRA redevelopment plan, applicable laws, statutes, ordinances, rules, regulations and CRA
actions.
3.4.3 Purchase Orders. The Executive Director shall be authorized to sign
work orders and purchase orders on behalf of the CRA.
3.5 City Clerk as Secretary. The City of Ocoee City Clerk, or designee,
shall serve as the Secretary of the CRA and as such shall prepare CRA agendas, be the custodian
of all books and records of the CRA, keep the minutes and a recording of all votes of all CRA
meetings, send out all notices of meetings and shall perform such other duties as may be
designated by the CRA. The City Clerk may delegate such duties to one or more individuals as a
designee of the CRA supervised by the City Clerk.
3.6 Director of Finance as Treasurer. The City of Ocoee Director of the
Finance Department shall serve as the Treasurer of the CRA to keep the financial records of the
CRA and administer the CRA's budget; shall keep full and accurate accounts of receipts and
disbursements of the CRA; shall have custody of all funds of the CRA and shall render such
periodic budget reports as requested by the CRA; shall assist the CRA in the preparation of a
proposed annual budget; and shall make and file all financial reports and statements necessary to
be made and filed by the CRA.
3.7 General Counsel and Special Counsel.
3.7.1 General Counsel. The City Attorney will serve as General Counsel.
The General Counsel shall be licensed in the practice of law in the State of Florida. The Board
waives any conflict which may arise in connection with the City Attorney's continuing
representation of the City.
3.7.2 Special Counsel. The Board members may appoint such additional
legal counsel as they deem necessary to serve as Special Counsel for the CRA. The Special
Counsel shall be licensed in the practice of law in the State of Florida. Any such Special Counsel
appointed by the Board may also serve as special counsel to the City of Ocoee on matters related
and unrelated to the CRA.
3.8 Employees, Agents and Consultants. In accordance with City of
Ocoee policies, the Executive Director of the CRA may hire, retain, and engage such employees,
agents, consultants, experts, attorneys and specialists, as deemed necessary. Unless otherwise
noted, CRA employees will be considered to be City of Ocoee employees.
ARTICLE 4: MEETINGS
4.1 Regular Meetings. The CRA shall hold a regular meeting at least four
times each fiscal year, one of which shall include the CRAbudget, on a day and at a
time and place to be designated from time to time by the CRA. The regular CRA meetings may
be held in conjunction with City Commission meetings.
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4.2 Special Meetings. The Chair, any other two (2) Board members, or the
Executive Director of the CRA may require the calling of a special meeting at a reasonable time
and place by requesting the Executive Director to arrange for and give notice of such special
meeting. The special CRA meetings may be held in conjunction with City Commission
meetings.
4.3 Emergency Meetings. Emergency meetings of the CRA may be called
at any time and place by the Chair, a majority of the Board members, or the Executive Director
by the Executive Director providing personal or telephonic notice to Board members, specifying
the time and place of the emergency meeting and the business to be transacted. No other
business shall be considered at such meeting. Notice of an emergency meeting may be waived in
the same manner as notice of a special or regular meeting. The emergency CRA meetings may
be held in conjunction with City Commission meetings.
4.4 Notice of Meetings. The Secretary will mail or deliver written notice
of each regular meeting to Board members at least three (3) days prior to such meeting. Written
notice may be in the form of email or calendar invitation. Written notice of any special meeting
shall be mailed or delivered at least two (2) days prior to such meeting unless notice of the
meeting is waived in writing by all Board members before, at or after the meeting. Unless
otherwise stated in these By-Laws, "days" means "working days." The notice of any special
meeting shall set forth the purpose of the special meeting and no other business shall be
conducted at that meeting unless a waiver of notice is obtained from all Board members. Notice
of all special and regular meetings shall be provided to the public, appropriate City and County
officials, and the news media. Notice of emergency meetings shall be provided to the public,
appropriate City and County officials, and the news media as is reasonable under the
circumstances. Notice of all meetings shall be posted at Ocoee City Hall.
4.5 Place of Meetings. Unless otherwise noted in the meeting
announcement notice, all CRA Board meetings (Regular, Special, or Emergency) shall be held
in the City of Ocoee City Commission Chambers, City Hall, 150 North Lakeshore, Ocoee, FL
34761.
4.6 Quorum and Voting. A majority of the Board members shall constitute
a quorum for the purpose of conducting business. When a quorum is present, the CRA may act
by a vote of a majority of the Board members present, unless otherwise provided by law or these
By-Laws. If any meeting cannot be conducted because a quorum is not present, the Board
members who are present may adjourn the meeting to a time certain, and notice of such
adjourned meeting shall be given to each Board member, unless waived.
4.7 Voting Rights. Each Board member shall be entitled to one vote.
Proxy votes and absentee ballots shall not be allowed.
4.8 Recessed and Continued Meetings. Where a meeting has been set and
noticed under the provisions of these By-Laws and, during the course of said meeting, it is
recessed to a future time and place certain, there shall be no requirements for giving of notice of
the time and place of continuation of said meeting other than the announcement thereof at said
meeting.
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4.9 Rules of Order. All meetings shall be conducted in accordance with
the procedures approved and utilized by the City Commission of the City of Ocoee, provided,
however, in the absence of any applicable procedure of the City Commission, the most recent
Edition of Robert's Rules of Order, Revised, shall apply.
4.10 Public Participation. All meetings shall be open to the public and all
records shall be public records. Citizens will be afforded the opportunity to voice their comments
and concerns to the CRA Board in accordance with law and within the constraints of time and
relevance as determined by the Chair.
4.11 Agendas. The CRA Board will normally follow its printed or typed
agenda for the order of business at each meeting. The Chair, if there is no objection from the
Board members, may alter, including temporarily passing, the order of business on the agenda.
If an objection is made by a member, a motion duly made and passed is required to rearrange the
order of business noted on the agenda.
4.12 Conflict of Interest. The members will be governed by the applicable
requirements of Section 112.3143, Florida Statutes, as may be amended from time to time.
ARTICLE 5: CONTRACTS
5.1 Execution of Instruments. Contractual instruments of the CRA shall
be executed by the Chair and attested to by the Secretary. In the absence of the Chair, the Vice-
Chair may execute such instruments.
5.2 Real Property Acquisition and Disposition. The acquisition, convey-
ance, and leasing of real property by the CRA shall be done in accordance with the same policies
and procedures applicable to the acquisition, conveyance, and leasing of real property by the City
of Ocoee.
5.3 Purchasing Procedures. Except as may be required by law or when
required by the Board of the CRA, the purchasing policies and procedures of the CRA shall be
the same as the purchasing policies and procedures applicable to the City of Ocoee with all limits
and authorities. All references and authorities in the purchasing policies and procedures enjoyed
by the City Manager shall be applicable to the CRA Executive Director for the purposes of the
foregoing.
ARTICLE 6: FISCAL MATTERS
6.1 Fiscal Year. The fiscal year of the CRA shall begin on October 1 and
end on September 30 of each year.
6.2 Budget. The Executive Director shall prepare an annual budget and
work program for the CRA Board's approval for each fiscal year, and such other budgets as the
CRA Board may determine. The CRA shall not expend any funds other than those in the budget
or otherwise authorized by the CRA Board, provided however, that the Board shall have the
power to amend the budget as may from time to time be necessary.
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6.3 Accounting Practices. The CRA shall comply with applicable Florida
law and all regulations of the State Department of Banking and Finance regarding uniform
accounting practices and procedures for units of local government.
6.4 Annual Audit. The Executive Director shall arrange for an independent
financial audit of the Redevelopment Trust Fund(s), as established in accordance with the
provisions of Section 163.387, Florida Statutes, each fiscal year and a report of such audit(s) by
an independent certified public accountant in accordance with the provisions of Section
163.387(8), Florida Statutes. The CRA shall provide a copy of such report(s) to each taxing
authority contributing to the Redevelopment Trust Fund. The annual audit will be performed by
the same independent auditor used by the City for its annual audit or the CRA Board may elect to
contract with a different independent auditor(s).
6.5 Annual Report. The CRA shall file with the City of Ocoee, on or
before March 31 of each year, a report of its activities for the preceding fiscal year in accordance
with the provisions of Section 163.356(3)(c), Florida Statutes. At the time of filing this report,
the CRA shall publish in a newspaper of general circulation in the City a notice to the effect that
such report has been filed with the City and that the report is available for inspection during
business hours in the office of the Clerk of the City and in the CRA's office.
6.6 Bonding of Officers and Employees. The CRA may require that any
or all Board members and employees be required to post bond for faithful performance of duty.
The CRA will pay bonding costs for all such bonds it requires. To the extent that the City
requires a bond for its elected officials or employees, the CRA shall also require a bond for its
members and any employees.
6.7 Maintenance and Disbursement of Funds. All funds of the CRA shall
be used only for purposes permitted by Chapter 163, Part III, Florida Statutes. Funds shall be
distributed only at the direction or with the approval of the CRA pursuant to an adopted budget
and with appropriate requisitions or purchase orders signed by the Executive Director.
6.8 Supervision of Accounts. The Executive Director and the Treasurer,
subject to the direction of the CRA, shall have control of and be responsible for the internal
supervision and control of the accounts of the CRA.
ARTICLE 7: COMMITTEES
7.1 Power to Create. The CRA Board may create committees, from time
to time, as shall be necessary to carry out the functions, purposes and objectives of the CRA, in
addition to such committees as may be appointed by the Chair as provided in Section 3.2 herein.
ARTICLE 8: AMENDMENTS
8.1 Amendments. The By-Laws of the CRA may be amended at any
regular or special meeting by a majority vote of the Board members. No such amendment shall
6
be adopted unless at least two (2) days' written notice thereof has been previously given to the
Board members.
ARTICLE 9: INDEMNIFICATION AND INSURANCE
9.1 Indemnification of the CRA, its Officers, Members and Employees.
Any of the CRA, its officers, Board members or other employees may be indemnified or
reimbursed by the CRA for reasonable expenses (including, but not limited to, attorneys' fees,
judgments and payments in settlement) actually incurred in connection with any action, suit or
proceeding, civil or criminal, actual or threatened, to which such person shall be made a party by
reason of such person being or having been, or by reason of any actual or alleged acts performed
or omitted to be performed in connection with such person being or having been a CRA member,
officer or employee of the CRA; provided, however, that no person shall be so indemnified or
reimbursed in relation to any matter in such action, suit or proceeding as to which such person
shall finally be adjudged to have been guilty of or liable for gross negligence or willful
misconduct or criminal acts in the performance of such persons duties to the CRA; and provided
further, that no person shall be so indemnified or reimbursed in relation to any matters in such
action, suit or proceeding which has been made the subject of a compromise settlement except
with the approval of a court of competent jurisdiction, or the CRA Board acting by vote of
members not parties to the same or substantially the same action, suit or proceeding, constituting
a majority of the remaining Board members. The foregoing right of indemnification or
reimbursement shall not be exclusive of other rights to which such person, their heirs, executors
or administrators may be entitled as a matter of law.
9.2 Insurance. The CRA may purchase insurance for the purpose of
indemnifying its Board members, officers and employees to the extent that such indemnification
is allowed in Section 9.1 herein. The CRA may purchase other insurance, including liability and
hazard insurance, as it deems necessary and appropriate.
Previously adopted on October 3, 2006, and amended and adopted by the Ocoee Community
th
Redevelopment Agency Board on this 20 day of November 2018.
7