Loading...
HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION October 21, 2008, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Bishop Saucer gave the Invocation and Boy Scout Troop #223 presented the colors and led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. I B. PRESENTATIONS AND PROCLAMATIONS Presentation of Rocking Chairs to Retired Employees' Joyce Staub (Police Chief Brown) I and Billy Adams. Proclamations. (Mayor Vandergrift) ~ National Family Week - October 15th - November 1 st ~ Florida City Government Week - October 19th _ 25th I C. COMMENTS FROM CITIZENS/PUBLIC None I D. COMMISSIONERS ANNOUNCEMENTS 1) announced on October 28, 2008 the Orange County School District is appealing their rezoning denial for Evans High School before the Planning and Zoning Board. 2) reminded people to vote in this important election. Early Voting has started and runs through November 1,2008. 3) asked for support in his wife's election for Orange County School Board. 4) Florida Bandmasters Association is holding an event at the Citrus Bowl with all high school bands. They play and get rated. This year it is Saturday, November 1, 2008 this year, beginning 2:45 p.m. Middle schools band perform national anthem. Tickets can be purchased at the gate for $1 0, and they will be accepting donations 1) said Week of the Family is hosting Tools for Schools and he read a list of the supplies that are most needed. The drop off locations are all Brighthouse Networks. Their annual Family Fall Festival is in Winter Park on October 25, 2008. Their sixth annual Family Fun Day is at J. Blanchard Park on Saturday, November 1,2008.2) Lions Club is hosting Turkey Shoot this Saturday at 9:00 a.m., 3) said that an organization called New Beginnings helps many West Orange organizations with food drives and shelter for the homeless. He would like to support their Charity Golf Tournament by purchasing a $400 sponsorship. Commissioner Johnson. seconded bv Commissioner Keller moved to support the New Beainninas bv purchasina a $400 Sponsorship at their upcomina aolf tournament. Motion carried 5-0. Later in the meetina. under Commission Comments. Commissioner Anderson chanaed his vote to a "NO" City Commission Regular October 21, 2008 4) said that the numbers are not in yet for Founders' Day, but it was a very successful event and he will have a and recognize staff at the next Commission Meeting. 1) said the Lions Club and Ocoee Middle School have a poster competition called "Peace begins with me." It is for 11 - 13 year olds Judging will be on October 30th and the 1 st prize is $2500. 1) Parks and Recreation is having a Haunted House on the Roger's Property on Thursday and Friday, October 30 and 31, 2008, 7:00 - 10:00 p.m. 2) said the Ocoee Fire Department is having their annual golf tournament at Legends Country Club; they are looking for sponsors; see Chief Firstner for more information. 3) the Fire Department is still offering free CPR classes on the 4th Wednesday of each month. 4) West Orange is playing Ocoee this week on Thursday, it is shield week. 5) said Zack Moore, a Junior at Ocoee High School, got the best score for individual at the regional golf tournament. 6) Said Starke Lake Church is having their annual Homecoming. 1) said Ocoee Christian Church, which is on the National Registry of Historic Places; they are celebrating a 125-year history, the oldest operating disciples of Christ church in the state of Florida. He added if you have not seen the stained glass and interior of the church you should take a tour. 2) would like to get a box placed in City Hall to place the "Tools for Schools" and let Victoria know when it can be picked up. 3) said he wanted to congratulate Ocoee High School for being awarded the National High School Conference so next year they will host schools from all over. It was a great honor. I E. CONSENT AGENDA Approved on Consent. Motion carried 5-0. This plat is a lot split for the 3.47 acre residential property located at 3420 Big Eagle Drive. The residential property will be split into two residential lots. The property is located within the Westyn Bay Subdivision and is adjacent to Lake Apopka. Approved on Consent. Motion carried 5-0. Ms. Beth Eikenberry of Forest Oaks Subdivision has made application to the City for a Special Events Permit for a Block Party that would require the temporary closing of a City owned street. The event will be held on October 31,2008, from 6:00 pm - 11 :00 pm. The street to be closed is Rich Drive. Approved on Consent. Motion carried 5-0. I F. PUBLIC HEARING SECOND READING The subject property is located on the southeast corner of the intersection of Ocoee-Apopka Road and Fullers Cross Road. It is approximately 97.90 acres in size, and is currently vacant except for several abandoned agricultural structures. The property was annexed into the City in 1999 with an Annexation Agreement, and rezoned to R-1AA (Single-Family Dwelling). The applicant is proposing to rezone the property from R-1AA to Page 2 of 12 City Commission Regular October 21, 2008 Planned Unit Development (PUD) for the purpose of developing a residential community that combines townhomes and single-family detached homes in a Traditional Neighborhood Design that cannot be accomplished via the requirements of the Land Development Code. The Planning & Zoning Commission met on August 12, 2008, to consider the proposed PUD Rezoning / Land Use Plan for Eagle Creek of Ocoee. Following the deliberations, the members of the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the PUD Rezoning / Land Use Plan for Eagle Creek of Ocoee, subject to the satisfaction of all outstanding staff comments being incorporated into the PUD Land Use Plan and/or Development Agreement prior to City Commission action. I :: Rezoning Land Use Plan Senior Planner Howell presented this item. City Attorney Rosenthal distributed Development Agreement that was not included in the agenda packet. Commissioner Anderson questioned the three year collection of the fee. Mr. Howell said if developing does not start in 3 years, cash payment of $250,000 is due to the City. City Attorney Rosenthal explained that since the City started proportionate share we have brought these traffic mitigation agreements before the Commission. As a general statement, three years has been the outside date that we have been placing in these agreements. It is not open ended, it states that if within three years the project has not developed, they would have to make payment to the City. Commissioner Anderson said he is concerned about collecting this money early because if they don't develop for several years down the road the costs could be much higher. Engineer Wheeler said the $250,000 would be used at the time it is collected to handle intersection improvements of surrounding roads, it would not have to wait until development was completed to use it for turn lanes into the developments. If they don't commence construction in the three year time frame, the city would use that money and do those improvements. If they do start within the three year time frame, the City would give them the $250,000 plus road impact fee credits to use for the project ifthe project is more than $200,000. Commissioner Anderson asked if there is a way to come up with time requirements on this. City Attorney Rosenthal said we have not done that in the City of Ocoee previously, but other cities accomplish that by saying the Land Use Plan approval is only good for a certain period of time. He added that City Code may not be structured to allow us to do that. Tracy Crowe, AICP, Certified Land Planner, Land Design Innovations, Inc. and applicant on behalf of Eagle Creek introduced herself and said the following people are also here to answer any questions: Don Means, Vice President of Chevron Land and Development Company Carla Baker, Senior Project Representative, Chevron Land and Development Company Julie Kendig-Schrader, of Greenberg Traurig, Legal Council for the project. Mayor Vandergrift opened the Public Hearing. Pastor Gary Howell spoke in favor of the development, but expressed his concerns about the driveway on the east side access on Fuller's Cross Road not lining up with his across the street. He said the City has always been adamant about saying driveways must line up because of the safety issue. There was discussion about staff working with surrounding property owners. Page 3 of 12 City Commission Regular October 21, 2008 Development Services Director Shadrix said that we are making major efforts to work with the Glad Tidings Church and other surrounding areas in the development in the project to maximize productivity. He said that he recommends putting off working out the details, Glad Tidings is .' still in the PSP process, and we allow Eagle Creek to move forward because it is a PUD Land Use Plan. We have not made an effort to get Glad Tidings and Eagle Creek together, but a note can be placed the approval showing that we will work on it in the future. City Attorney Rosenthal suggested this note: "The location of the eastern access point of the project on Fullers Cross Road will be finalized at the time of the preliminary subdivision plan approval and the location shown on the Land Use Plan is Conceptual. " Phil Bland, Contractor for Glad Tidings said the church will have a problem if east drive is not full access because all traffic will come out at the west side which would not allow them to dissipate the traffic in both directions. Commissioner Hood said he believes we need to do a better job working with the neighbors on these development projects. Mr. Shadrix said he would suggest taking a recess to discuss the Glad Tidings aspect of this case. R.P. Monacky, verified questions about minimum and maximum lot sizes of the project. RECESS 8:28 p.m. 8:28 - 8:33 p.m. During recess Boy Scout Troop #223 was given the opportunity to have a question and answer period with the Commission. RETURN FROM RECESS: 8:53 p.m. Ms. Baker said they have worked with staff for two years on this project, and said there have been other concepts where the driveways line up and there were issues with the conservation area and with SJWMD, which would delay that portion of the project from 8 to 18 months. She said they are not going to resolve the Glad Tidings issue tonight, but would like to move forward with the project. She said their driveway is a right in right out and will have little impact on Fuller's Cross Road. She said they have no objections if the Church wants to move their driveway. Commissioner Anderson wanted to get a commitment that the development was going occur in the next 18 months which would give them plenty of time to work out these issues with the driveways and also resolve the permitting issues and leave the nature path in the project. Commissioner Keller said the most logical thing to do is move the driveway on the Church project to line up the driveways and not bother the wetlands. He felt, with the City Attorney's note in the motion, both parties can come to a resolution. Commissioner Keller. seconded bv Commissioner Hood. moved to approve PUD Rezoninal Land Use Plan Ordinance No. 2008-017 based on staff recommendation includina the comment that the location of the trail shown on the Land Use Plan is continaent upon ERP approval from SJWMD and addina the note that "The location of the eastern access point of the pro;ect on Fullers Cross Road will be finalized at the time of the Preliminarv Subdivision Plan approval and the location shown on the Land Use Plan is Conceptual. " Commissioner Anderson said he wants the trail left in the Plan. Development Services Director Shadrix said it is currently shown in the plan with a note stating that the permitting for Page 4 of 12 City Commission Regular October 21, 2008 the trail could be cost prohibitive for the developer, but he does not believe that should be a deal breaker because the applicant has provided many other amenities. Commissioner Anderson moved to amend the motion to state that if the Trail is removed from the Plan the matter would have to come back before the Commission for approval. Motion died for lack of second. Vote on Oriainal motion carried 5-0. I c. Development Agreement Commissioner Keller. seconded by Commissioner Johnson. moved to approve the Development Aareement and authorize execution by the Mayor and City Clerk. Motion carried 5-0. I G. PUBLIC HEARINGS The area proposed to be added to the JP A encompasses the neighborhood known as the Rose Hill subdivision. The area was located within the JP A prior to 1999 and was subsequently removed from the JP A by the Third Amendment that was approved in 1999. The general area is characterized as an older established residential neighborhood bordered by the West Oaks Mall on the west, Good Homes Plaza on the south, and the Orange County Solid Waste Transfer Station on the northeast boundaries. The area is accessed by an entrance on Good homes Road and another on White Road. The Rose Hill subdivision is comprised of three phases, each with its own independent Home Owners Association (HOA) and elected Board of Directors. The Phase 3 HOA President and Vice President met with the City Manager and staff back in 2007 to explore the option for annexing into the Ocoee city limits. On August 12, 2008, the Planning and Zoning Commission held a public hearing to consider the proposed amendments to the Joint Planning Area Agreement. Staff discussed the proposed textural changes to the amendment and clarified that annexation was not under discussion. Eight residents from Rose Hill spoke at the meeting. Four were residents of Phase I and spoke in opposition to the JP A Amendment. The rest of the speakers spoke in favor of the proposed amendment. After finishing deliberations, the Planning and Zoning Commission, acting as the Local Planning Agency, voted 4-1 to recommend approval of the proposed JPA amendments. Principal Planner Rumer introduced this item. He explained that tonight is not meant for consideration of any annexations. He said the proposed changes are three fold I) incorporating the areas of Phases One through Three 2) JPA Agreement and Future Land Use Designation, 3) Part of the 14th amendment would include Text Changes in our JP A language. City Attorney Rosenthal explained that there is a letter that has been distributed on the dais from Orange County asking that this matter be continued. It the course of discussion of the Rose Hill JP A amendments and some other amendments, the County said there are some other text amendments that the County wants to work out with the City dealing with a variety of issues including enclaves, roadway transfers, drainage, etc. Staff has been working on those issues. At this time those issues are not all resolved, but staff feels that they do not want to delay the Rose Page 5 of 12 City Commission Regular October 21, 2008 Hill issue, so they want to bring the Rose Hill JP A amendments forward, and the text amendments proposed by the county that staff felt comfortable with, and that would not preclude us continuing discussions with other text amendments with the county which could come later as a 16th amendment to the JP A. If the County and City are not able to resolve the issue, the City and residents of Rose Hill have the opportunity to appear before the Orange County Planning and Zoning Commission and state they do not want the text amendments to hold up the possible annexation of Rose Hill. He added that other point in the County's letter deals with a reconciliation of boundary lines between Ocoee and Winter Garden which we believe we will be able to resolve in discussions with Winter Garden. Until we received this letter yesterday, the City believed that the County was okay with us moving forward with the Rose Hill issue. The city believes there is no reason to delay this due to issues not related to the Rose Hill issues. The other issues being raised on a county staff to city staff level will continue to be worked on separately. City Attorney Rosenthal said the adopted amendments would transmit to the County, and there will be a public hearing before Orange County Planning and Zoning, then P&Z will make recommendation to their County Commission, and they will have a public hearing on whether or not to adopt the 14th and 15th amendments. He added that a separate amendment for was written for Phase 1 so that if they decided not to go forward it would not preclude Phases 2 & 3 from moving forward under their own JP A amendment. Mayor Vandergrift opened the Public Hearing Tony Adams, 9111 Pristine Circle, President of Phase 3, said the residents thank the City for going through this exercise at their request. He said staff has done an excellent job so far. He said in Phase 3 they formed committees who gathered information about Ocoee and looked at home values, etc. and they felt that their were obvious advantages to being annexed. He said Phase 2 followed that same procedure and Phase 1 's Board rejected the procedure. He added that when Rose Hill is annexed they will find many civic minded residents who are already very involved in the community. Russell Klemm, Esq., 2482 Leaning Pine Street, Ocoee, Attorney for Rose Hill Phase 1. He said Phase 1 Association is not sure that a majority of residents in any of the Phases favor any form of annexation. He stated at a prior meeting in August a petition was signed by Phase 1 residents are opposed to any steps forcing them toward annexation. Shawn Jensen, 1 040 Yellow Rose Drive, President of Phase 1 HOA, he stated that the board sought input from their residents and they have voiced their clear opposition to the annexation when they presented a petition to the Planning and Zoning Board in August. He said they are opposed to annexation and opposed to being made a part of the JP A. Commissioner Hood asked that copies of the petition be distributed to the Commission. [Unknown Name] Vice President of Phase 1 said they have asked for more information and have not received anything yet. He said they have not been contacted and were not made aware of some of the meetings. Mayor Vandergrift asked for a show of hands from residents of Phase 1 who were not aware of the previous meetings being held with regard to annexation. Several members raised their hand and the Mayor stated that there had been an obvious failure to communicate. Jeanne Bellochi, 9126 Queen Elizabeth Ct., said when Phase 3 put up signs she was the only member of Phase 2 that was present. She emailed the President of Phase 2 and Phase 1, and received a response back from Phase 1 in July 2006 was that they had been approached before Page 6 of 12 City Commission Regular October 21, 2008 and they are not interested. They distributed information and posted signs near all the Phases, none of the meetings were done in secret. Christine Gilbert, 9131 Mr. Lincoln Ct., stated that she personally placed meeting notices in all of the mailboxes in Phase 1. Gail Atkinson, 1016 Yellow Rose Drive, Phase 1, said she would like more information; she is not necessarily opposed to annexation. Marcella Suns, Peace Rose, Phase 1, said a petition was shoved in her face and she was told to sign it, but she refused. She said she bought in Rose Hill because she thought it was in Ocoee and she is still interested in being in Ocoee. She said not all of Phase 1 is against this annexation. Jeremy Duncan, 1241 Pedal Court, also in Phase 1, said he agrees with Ms. Atkinson that not all of Phase 1 is against annexation. He said he signed the petition because he was made to believe that everyone was against annexation. He wants it known that many people signed the petition without having much information. He said he does not recall getting notice of the meetings, but he may have missed it. Shirley Flora, 8818 Hillsdale Drive, said she was told what the petition was about and she did sign it. She said she did not receive any notification, but if they stuffed them in mailboxes illegally, they may have been removed by the post office. Kevin Gilbert, 9131 Mr. Lincoln Court, President of Rose Hill, Phase 2, he said that each President of each Phase is responsible for contacting their residents. That occurred in Phased 2 and 3 but did not seem to occur in Phase 1. Residents in Phase 1 have told him they are in favor of the annexation and he advises them to get out and talk to the other residents. Every HOA board is aware of what is going on and they need to take responsibility for getting information out to residents. George Holshack, 1 076 Yellow Rose Drive, Phase 1, said he signed the petition which was explained fully to him. He would like a list of Pros and cons such as police response time, taxes, water rates, etc. Mayor Vandergrift explained that Ocoee is a community who fights for its residents, giving the example that Ocoee is the only City actively fighting against the Evans School rebuilding. Mr. Holshack said he has been in contact with the HOA President Shawn Jensen on many occasions and there was never any mention of meetings on annexation or he would have attended. Charles Smith, 936 Sunnydale Drive, said it is important to him that the whole neighborhood goes in the JP A. He said tonight's action gives residents the ability in the future if they want or don't want annexation. He said before that happens there will be a lot of public education. He told other residents not to take away the ability to vote later for anyone in any of the three phases. Mayor Vandergrift asked Shawn Jensen, Phase 1 HOA President, if he had received notification of the meetings and if he tried to get it out to the residents in Phase 1. Mr. Jensen said they were not advised. The Mayor asked what caused him to go out and get a petition signed if they were unaware of what was going on. He said the petition was signed when they received notice of the Planning and zoning Meeting. He said he contacted Mr. Rumor to get information; said he received some vague references to increased police protection, cost of water and millage rates, and a magical $20,000 increase in home value, etc. He said they have not heard anything concrete enough to jump on the band wagon and tell homeowners this is a great idea. Page 7 of 12 r----- City Commission Regular October 21, 2008 Pam Delf, 9107 Mr. Lincoln Ct, Phase 2, said the one thing she can say about the City of Ocoee is that they have fought for us even though we are not residents; the County has never fought for them. She said even though they were horse-traded out of the JP A in the late 1990s and there is no big deal being put back on the JP A. Mayor Vandergrift said he does not want anyone in Ocoee who does not want to be here. If you are placed in the JP A tonight, you will still have every opportunity to decide against annexation. He added they will have the opportunity to see the benefits of being in Ocoee in that we are a City that operates within the surrounding community and reaches beyond that. He said if we take any Phase out of the JP A you will not have the opportunity to have annexation considered for a long, long time. Mayor Vandergrift closed the Public Hearing. City Attorney Rosenthal said there are two amendments; the 14th Amendment includes the text amendments supported by staff and would provide for Phase 2 & 3 to come into the JP A with a low density residential designation. Amendment #15 does the same thing for Phase 1. He said you can move the 14th Amendment forward, without moving Amendment #15 forward. You can't move Phase 1 without moving Phases 2 & 3 because the areas would not be contiguous. He said the current JP A is a contract between the County and City, which says the City cannot accept, consider, or pursue annexation of Rose Hill. He said originally Rose Hill was in the JP A, but in a previous annexation issue, they were taken out. This allows Rose Hill the legal opportunity to consider annexation. There are very significant statutory protections which require votes, information public hearings, and results in the residents making a decision. He explained that the area he lives in was annexed into the City of Orlando and they held five or six meetings, distributed information door to door, etc. Principal Planner Rumor said they did not hold any community meetings regarding the JP A amendment, but for the Planning and Zoning meeting, and the City Commission Meeting, a letter was sent to every homeowner of all three Phases. a. Amendment 14 - Phases 2 & 3 b. Amendment 15 - Phase 1 Commissioner Hood. seconded by Commissioner Johnson. moved to approve the 14th and 15th Amendment to the Ocoee-Oranae County Joint Plannina Area Aareement. Commissioner Hood said he feels that there has been a communication breakdown and that all of the residents of Phase 1 should not be punished because of that. He thinks this will give all residents the opporttmity to get the facts and make their own decision about what is best. Commissioner Keller said nothing changes today except that you will get more information. He said, in response to Mr. Jensen's remark that there were claims of "Magical $20,000 Increase in Property Value," that he experienced that in his area of Sawmill when they changed from Orlando to the City of Ocoee. He stressed that no one will be annexed into the City that does not want to be. He also said that somewhere down the road the State will do away with unincorporated enclaves and you may be forced into a city at that time, but Ocoee has not intention of doing that now. He said he feels when residents get all the information they will understand it is better to be annexed into Ocoee, but that will be your decision. Page 8 of 12 City Commission Regular October 21, 2008 Commissioner Johnson said when the Mall was being built we took people from Rose Hill to Georgia so they would understand what the impact would be, even though they were not residents. If you tried to get that level of service from the County, you would not. We have always been good city partners with Rose hill, and we would like to stay that way, but if you do not want to come into Ocoee, we won't pursue it. Commissioner Anderson said you have a stronger voice in Ocoee than you have ever had in Orange County. If you went to speak at their Commission Meeting, you would have been given two minutes. As residents of a small town, you will have a better negotiating power to get the things you want in your community. Commissioner Hood said there are infrastructure issues in Rose Hill that we will have to look at as well. The city will also have to decide whether or not they are in favor of this annexation as well. Mayor Vandergrift explained the JP A process and what is happening with cities that are growing rapidly. City Attorney Rosenthal said there is one typographical error in the 14th Amendment Section 6, D4b., in the first sentence the word City will be changed to County as follows: "b. For County- owned property which will become or becomes surrounded by the City as a result of an annexation, the ~ County may in its sole discretion provide the City with written notice prior to or after the annexation informing the City whether it desires for the City to annex the "enclave, " and the City agrees to comply with the County's request regarding the enclave within six (6) months. Mayor Vandergrift recommended that staff put together some information showing advantages and disadvantages of annexing into the City of Ocoee and make sure Rose Hill residents get them. Principal Planner Rumer said it will be easier to do now that the County and City millage rates have been said. He clarified if they want it to be a comparison with just Rose Hill or they could make it apply to any enclave. Consensus was to make it apply to any enclave. On June 3, the Honorable Mayor and City Commissioners voted to transmit a Large-Scale Comprehensive Plan amendment to the Department of Community Affairs (DCA) to allow the City to implement state mandated School Concurrency requirements in accordance with the 2005 Growth Management Act. Following the review of the amendment package, DCA issued minor Objections, Recommendations, and Comments (ORe) report addressing outstanding items that were required to be included in the amendment package. Staff has addressed DCA's ORC report and is presenting the amendment to the City Commission for final adoption. The ORC report is divided into two parts: consistency with the Florida Statutes and Chapter 9J-5, Florida Administrative Code; and consistency with the State Comprehensive Plan. a. Adoption of a Large-Scale Comprehensive Plan Amendment for the Purpose of Implementing School Concurrency - Ordinance No. 2008-009 City Attorney Rosenthal read the title of the ordinance. Senior Planner Howell stated on June 3, 2008, staff had brought the transmittal with the School Concurrency Element to the City Commission. Following the meeting it was transmitted to the Department of Community Affairs, they subsequently received an O.R.C Report (Objections, Recommendations, and Comments). The State Department of Community Affairs had several Page 9 of 12 City Commission Regular October 21, 2008 comments; which, basically stated they should be consistent with Orange County's adopted element then they would be approved. They have addressed all the comments and staff recommends approval. City Attorney Rosenthal briefly explained this was a uniform Interlocal Agreement between the School Board, the County, and all the cities in Orange County. There was an extensive process involved with all of those governmental entities where they worked with the School Board. He participated in the Legal Committee and they were given opportunities to comment and it is fair to say that no single governmental body had all of their issues addressed the way they would have liked to have seen them. The document does address all of the concerns that were raised by the various local governments and provides the frame work for implementing School Concurrency. Mayor Vandergrift opened the Public Hearing, and as no one wished to speak, the Public Hearing was closed. Commissioner Anderson. seconded by Commissioner Keller. moved to approve Ordinance No. 2008-009 per staff's recommendation. Motion carried 4-0. with Mayor Vanderarift away from the dais. The ordinance, as adopted on second reading, carries the following caption: Ordinance No. 2008-009 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING SCHOOL CONCURRENCY IN ACCORDANCE WITH SECTION 163.3177(12), FLORIDA STATUTES; PROVIDING FOR A NEW PUBLIC SCHOOLS FACILITIES ELEMENT; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. I b. Interlocal Agreement Commissioner Anderson. seconded by Commissioner Johnson. moved to approve the amended Interlocal Aareement for Public School Facility Plannina and Implementation of Concurrency between the School Board of Oranae County. Florida. and various aovernmental entities. includina the City of Ocoee and authorizina execution thereof by the Mayor and City Clerk. Motion carried 4-0. with Mayor Vanderarift away from the dais. Page 10 of 12 City Commission Regular October 21, 2008 I H. REGULAR AGENDA 7,iFitst>Readi Firefigh~~rs' tlrcme N~ft~~"er4;2q~')i(P .. Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes: 1) Allow DROP (Deferred Retirement Option Plan) participants to serve as a trustee but not vote for elected trustees. 2) Optional Forms of Benefits is amended by adding a PLOP (Partial Lump Sum Option Payment) provision, providing for the election of a partial lump sum payment in increments from 5 to 20 percent with the corresponding balance paid in accordance with the normal form or option selected. 3) Deferred Retirement Option Plan is amended by adding a BAC-DROP provision allowing a participant to work past his/her Normal Retirement Date and retroactively enter the DROP (Deferred Retirement Option Plan). 4) Finances and Fund management, amending investment policy. coee Police Of Public He . City Attorney Rosenthal read the title of the ordinance. City Manager Frank stated that the Second Reading and Public Hearing are scheduled for November 4,2008, at 7: 15 p.m., or as soon thereafter as may be heard. I I. STAFF REPORTS- none I J. COMMENTS FROM COMMISSIONERS 1) announced that Don Harrell with OrisiRisi had gone before the HRDB looking to hire him. Several years ago the HRDB hosted a presentation with Mr. Harold in which, they performed a show with school age children. The cost was covered by the City and broadcasted by OGTV and Orange TV. The HRDB for Black History Month is looking to do something like this again this year. Mr. Harrell is interested in performing; however, it will cost the City $2500. Commissioner Anderson inquired if a presentation could be brought before them. Commissioner Keller stated they may be able to ask for a presentation to be put together for the November 4th meeting. Commissioner Hood asked for Joy Wright to bring copy of what was presented last time, on next agenda. 2) reminded everyone to go out and VOTE on November 4th. 3) reminded everyone that on October 28th there will be an Evans Meeting at the Orange County Commission Chambers. 4) student at Ocoee High School got elected to the President of the Southern Association of Student Council's why they were in New Orleans and because of that next year's meeting will be held here in Ocoee. 1) Announced they were selling $5 raffle tickets for a 42" TV at City Hall to contribute to Ocoee's Christmas Dinner. 1) asked to look at ways of competing with other cities, such as infrastructure and other things businesses would like to see in Ocoee. City Manager Frank said they had discussed organizing some type of retreat to discuss some issues such as this; they have been looking at commercial aspects of that, rather than residential. 2) stated they had moved to put a road table on Jay Street about six months ago; however, he has not seen that happen yet. City Manager Frank said he would look into that. 3) advised of excessive weeds and sand Page 11 of 12 City Commission Regular October 21, 2008 spurs down by the park by Peach Lake and asked City Manager to check with Parks & Recreation about handling that. 4) stated the comer of Spring Street and Rew Street is a visual hazard due to bushes and trees requiring trimming. 5) said he was not aware that a motion made before was for a golf tournament; he would rather give money to a committee. He stated he wanted to change his vote on the $400 contribution to New Beginnings to have it go to the committee. ~QmbUi~~~d~r,~Bhg~ 1) said Founders Day was very successful; staff worked endless hours and their work is appreciated. The meeting was adjourned at 10:31 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 12 of 12