HomeMy WebLinkAbout12-15-92
~
KIRUTES OF THE CITY OF OCOEE BOARD OF COKMISSIONERS REGULAR MEETING HELD
Deceaber 15, 1992
The regular meeting of the Ocoee Board of City Commissioners was called to order
at 7:30 p.m. by Mayor Vandergrift in the commission chambers. Reverend David Day
led in the prayer and Commissioner Foster led in the pledge of allegiance. The
roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson.
Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative
Services Director Beamer, Planning Director Behrens, City Engineer/Utilities
Director Shira, Public Works Director Brenner, Personnel Director Psaledakis,
Building Official Flippen, and City Clerk Grafton.
Absent: None
PRESENTATIONS AIf]) PROCLAKATIONS
Planner Janet Resnik announced that the grand opening for Clarke Road has been
set for Tuesday, February 16 at 11:00 a.m. and asked for suggestions for items
to be included in the time capsule to be buried that day.
~
Barbara Spainhoward, Fire Department Administrative Secretary, as Chairman of
Toys for Tots, announced that the distribution of toys would be Wednesday,
December 16 from 10:00 a.m. to 6:00 p.m. at the community center. Mrs.
Spainhoward said that approximately $9,000 had been raised for this project and
she expressed appreciation for the support.
Kayor Vandergrift read a proclamation proclaiming December 21 "Hope for the
Holidays" for the Hurricane Andrew drive.
CONSENT AGDDA
The proposed consent agenda consisted of items A, B, C, D, and E. Coaaissioner
Woodson noted that in item A, on page 14 of the minutes a motion was stated twice
and should be corrected.
A. Acceptance and Approval of Minutes of Regular Commission Meeting of
Deceaber 1, 1992.
B. Approval and Authorization to Transfer $3,759.63 fro. Contingency
Fund to Capital I.prove.ent Fund 1001-512.1-6302 for Supple.ents to
Code of Ordinances.
~ Approval and Authorization to Award the Purchase of a Booa Kower
from Robinson Equip.ent Co.pany in the amount of $11,000 and the
Redesignation of Funds.
D. Approval and Authorization to Execute Fairfax Village (Wes.ere,
Villaae 4) - Final Plat.
~ Acceptance and Approval of lles.ere Villaae 5 - Final Subdivision
Plans.
Coaaissioner Foster, seconded by Coaaissioner Johnson, moved to approve consent
agenda as amended. Motion carried with unanimous vote in favor.
'-"
COKKENTS FROK CITIZENS/PUBLIC
Personnel Director Peggy Psaledakis read into the official record correspondence
between herself and Mrs. JoAnn Drawdy regarding Mrs. Drawdy's statement made at
the December 1, 1992 regular City Commission meeting: "I personally have spoken
'-'"
Page 2
Ocoee City Coaaission Regular Meeting
Deceaber 15, 1992
with public officials of another city where Mr. Shapiro and Ms. Psaledakis were
employed. I can assure you they did not leave on a positive note." Following
the exchange of several letters Ms. Psaledakis said she received Mrs. Drawdy's
final response December 14: "Dear Ms. Psaledakis, Reference your correspondence
of December 8, 1992, I will be unable to attend the Ocoee City Commission meeting
Tuesday, December 15, 1992. Please accept this letter as a retraction of my
statement. I do not wish to be involved in this matter any longer. Feel free
to read this letter at said meeting and publish to all those in attendance." The
entire correspondence is attached to these minutes as Attachment No.1.
~
PUBLIC HEARING - 7:30 p.a.
Ordinance No. 92-22, relating to the United Telephone Coapany of Florida
Franchise.
This ordinance was presented by title only for the second reading and public
hearing. City Attorney Rosenthal explained that the 20 year License Agreement
for Telephone Franchise with Florida Telephone, to which United Telephone is
successor, expired July 1992 and was extended to December 1992 so that a new
Franchise Ordinance could be finalized. IIr. Rosenthal pointed out that the
Florida Public Service Commission determines the terri tory served by the
telephone companies. This agreement provides a fee to the City for the use of
the right-of-way. This public hearing has been duly advertised in accordance with
both Florida Statute and City Charter. The public hearing was opened and Ken
Shipley, representing United Telephone Company, was present and he advised that
the fee paid to the City last year was around $9,000.
R.P. 1I0hnackyasked if his service would be affected by this and the response was
that it would not.
As there were no further comments or questions the public hearing was closed.
Coaaissioner Foster, seconded by Coaaissioner Coabs, moved to adopt Ordinance No.
92-22 as presented. On roll call Commissioner Combs voted "aye," Commissioner
Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor
Vanderarift "aye." Motion carried.
OTHER BUSIlfESS
Effluent Disposal Site/Golf Course Lease Agreeaent - Mr. Ken Ezell.
Adainistrative Services Director Beaaer reported that the one year period for
Riverbend Golf Group, Inc. to obtain suitable financing, development approvals
and permits has ended. In order to abide by the terms of the Lease, a decision
must be made to either terminate with written notice by January 1, 1993 or amend
Article 2.1.1 of the Agreement to provide an extension, as to date neither
financing nor a Fish and Game Permit have been secured. Staff has reviewed the
efforts made by Riverbend Golf Group, Inc. and would recommend extending the
Ground Lease Agreement with Riverbend Golf Group, Inc. until March 1, 1993, and
authorize the Mayor and City Clerk to execute the necessary documents.
Coaaissioner Coabs, seconded by Coaaissioner Johnson, moved to approve staff
recommendation. Motion carried with unanimous vote in favor.
"-"
Direction re: City Hall/Police Departaent. (Work Session on this subject at
7 : 00 p. m . )
~
'-'
.........
Page 3
Ocoee City Co..ission Regular Keeting
Deceaber 15, 1992
Adainistrative Services Director Beaaer gave the background of the project and
asked for direction for the design documents. Co..issioner Foster, seconded by
co_issioner Coabs, moved to authorize staff to I?roceed with the archfte-ct and
construction of the city hall. Motion carried with unanimous vote in favor.
Co..issioner Woodson said he has a problem with wood siding. Kr. Hsu said there
are other substances available. Further discussion resulted in consensus to
continue with the plan to use wood. Kr. Hsu said that he will be back in March
with the drawings.
RECESS 8:15 - 8:30 P.K.
PUBLIC HEARIRGS - 8:30 P.K.
Kayor Vandergrift asked for Staff briefing regarding the background and procedure
during this meeting. City Attorney Rosenthal advised that the packets contain
two memorandums from him, and he reviewed the highlights of his memorandum
concerning legal issues affecting consideration of annexation and initial zoning
petitions.
Kr. Rosenthal continued with an explanation regarding the annexation agreements,
saying that a requirement under the 1991 Ocoee Comprehensive Plan was to
undertake an annexation impact study. When finished, this study disclosed the
Ci ty' s ability to provide services and analyzed the feasibility of annexing
property under the Comprehensive Plan. An annexation agreement form was prepared
which involved an evaluation of right-of-way requirements, availability of sewer
and water capacity from either the City or County, predevelopment drainage
issues, the provision of municipal services, compliance wi th the Land Development
Code, reclaimed water, liens and mortgages, addressing any prior agreements and
dealing with enforcement provisions. Mr. Rosenthal said that he would not go
into any detailed discussion during the consideration of any of the annexation
agreements except to point out any deviations in the standard format and to
answer any questions. Mr. Rosenthal said that if the requested zoning were
denied that would undo the approval of the annexation ordinance and agreement,
unless the petitioner has voluntarily agreed; and he specified that this does
not constitute contract zoning.
City Kanager Shapiro pointed out some of the history of the preparation of the
Comprehensive Plan, noting that the citizens committees had made the basic plans
which were formulated by Staff, then presented to the Local Planning Agency and
then finally approved by City Commission. Kr. Shapiro said that plan was used
by Staff when discussing annexation with the property owners who had various
reasons for petitioning the City for annexation. At a joint meeting with other
local governments in November of 1990 the annexation boundaries were discussed
along with the use of a developer agreement, and the guidelines set out by
Commission as a result of that workshop were observed in dealing wi th the
petitioners. Some of the decisions made were the result of the County's being
non-commi t tal in the area of the provision of water and sewer services, and also,
due to their not recognizing the proposed Cooperative Agency of Municipal
Planning (C.A.M.P.) Agreement. Kr. Shapiro noted that there will be no city
services provided for the majority of the proposed annexations for approximately
'-'
Page 4
Ocoee City Co..ission Regular Meeting
Deceaber 15, 1992
seven years, but that having the annexations in place will be an advantage in
planning for services and concurrency. Mr. Shapiro commended Mr. Rosenthal for
the preparation of the annexation agreement form and he pointed out that the
annexation agreement was different from, and not intended to replace, a
development agreement. Mr. Shapiro, in closing, said that this action will give
the signal to the County that either they must begin discussing this area with
Ocoee and the landowners or they must give it up for Ocoee to serve.
Planning Director Behrens advised that he had attended the Orange County
Commission Meeting this day, that they had expressed concern regarding the
annexations and had set a public hearing for next week. Mayor Vandergrift asked
for a transcript of today's meeting and Robert Wiegers, Orange County Senior
Planner, said that he would supply it.
Mr. Wiegers, Orange County Senior Planner, distributed an Orange County Zoning
Chart, excerpts from the County Comprehensive Plan, and proof that the Orange
County Comprehensive Plan was adopted. Mr. Wiegers advised that he had been
given direction by Orange County Commission to point out their position and
concerns regarding: 1) those parcels which are not considered to be compact or
contiguous to the city limits, 2) (although currently not grounds the County can
use to object) those annexed parcels which are a part of the rural settlements,
3} and compatibility with the Orange County Future Land Use Plan.
~ Mayor Vandergrift informed the public of the procedure for the public hearings.
Planning Director Behrens advised that he would be announcing the case number and
giving the staff report for each agenda item and that there were written copies
of the material available on the table should anyone in the audience wish to
review it.
CASE NO. 2-09AR-92:HEIDRICH.
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 23.8 acres located on
the west side of Ingram Road, just north of Ocoee-Clarcona Road. Urban services
are currently not planned to be extended to this area for a minimum of seven
years. Only rural services, supporting agricul tural uses will be provided in the
interim. Mr. Behrens pointed out that the requested zoning change is from
Orange County A-l, Agricultural to City of Ocoee A-l, General Agricultural. The
owner of the parcel is Christopher B. Heidrich.
......
Staff Reco..endation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-09AR-92: Heidrich.
l} Approve Ordinance No. 92-48, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-49, establishing an initial zoning for the
subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
~
Page 5
Ocoee City Coaaission Regular Meeting
Deceaber 15, 1992
2) Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-48; and
3} Approve Ordinance No. 92-49, es tablishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
approval for Ordinance No. 92-48 and find that all conditions subsequent
to the adoption of Ordinance No. 92-48 have been fully satisfied.
Ordinance No. 92-48, Annexation.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Martin Kreidt, 1511 E. Hillcrest
Street, Suite 306, Orlando, representing the owner, showed a large diagram of the
parcel and respectfully requested adoption of the annexation ordinance. As there
were no further comments or questions the public hearing was closed.
Coaaissioner Woodson, seconded by Coaaissioner Coabs, moved to approve staff
recommendation for Ordinance No. 92-48 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion carried.
"'"
Annexation Agreeaent.
City Attorney Rosenthal presented the annexation agreement. Coaaissioner Foster,
seconded by Coaaissioner Johnson, moved to approve staff recommendation. Motion
carried with unanimous vote in favor.
Ordinance No.92-49, changing Zoning fro. Orange County A-1, Agricultural to City
of Ocoee A-1, General Agricultural.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Martin Kreidt, requesting approval,
said that this zoning is consistent with Ocoee's Comprehensive Plan. As there
were no further comments or questions the public hearing was closed.
Coaaissioner Foster, seconded by Coaaissioner Coabs, moved to approve staff
recommendation on Ordinance No. 92-49 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion carried.
CASE NO. 2-21AR-92:VAN YORKER.
,.,.
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 256.5 acres located on
the east side of Ingram Road and 1,500 feet north of Ocoee-Clarcona Road. Urban
services are currently not planned to be extended to this area for a minimum of
seven years. Only rural services, supporting agricultural uses will be provided
in the interim. Mr. Behrens pointed out that the requested zoning change is from
Orange County A-l, Agricultural to City of Ocoee R-l-A, Single Family Dwelling.
The owners of the parcel are Richard G. Byrd, Ted L. Byrd, Berndt Holthusen,
'-"
Page 6
Ocoee City Co..ission Regular Keeting
Deceaber 15, 1992
Peter Jurs, Klaus Wolf, Wolf Investments, Inc., Carl-Heinz Willems, and Carola
Jurs.
Staff Reco..endation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-21AR-
92:VanWormer.
1) Approve Ordinance No. 92-50, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-51, establishing an initial zoning for the
subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
2) Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-50; and
3} Approve Ordinance No. 92-51, establishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
approval for Ordinance No. 92-50 and find that all conditions subsequent
to the adoption of Ordinance No. 92-50 have been fully satisfied.
Ordinance 50.92-50, Annexation.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Kartin Kreidt, representing the
~ owners, showed a diagram of the parcel and asked for approval of the annexation.
Mr. Kreidt asked permission to rebut if necessary.
Kayor Vandergrift stated that he had received a letter from the School Board
expressing their concern regarding the annexations and whether this Commission
had given forethought to the students' needs and he asked that the letter be
entered into the record of this meeting. See Attachment No.2.
Robert Wiegers, Orange County Senior Planner, said that the County considers this
parcel neither compact nor contiguous to the Ocoee city limits.
As there were no further comments or questions the public hearing was closed.
Co..issioner Woodson, seconded by Co..issioner Johnson, moved to approve staff
recommendation on Ordinance No. 92-50 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "~ye." Motion carried.
~
Annexation Agreeaent.
City Attorney Rosenthal presented the annexation agreement and explained that in
Exhibit C there is an exception providing for the use of private wells and septic
tanks in the event this parcel is developed with one acre lots. Assuming that
all the applicable state and county regulations are met for septic tanks, if the
property owner elected to develop with one acre lots, notwithstanding a higher
density granted by the City, the property owner could do so with septic tanks.
Absent that provision, the standard form annexation agreement includes a
prohibition against development with septic tanks or private wells without the
~
Page 7
Ocoee City Coaaission Regular Keeting
Deceaber 15, 1992
approval of the City. This property is within the County water/sewer service
territory and the City cannot currently provide urban services. City Kanager
Shapiro advised that, at a meeting several years ago, this Commission had agreed
that it was important to reserve sewer capacity for commercial accounts where
possible and to encourage the use of septic tanks in low density areas where the
permeability of the soil was appropriate. Coaaissioner Johnson, seconded by
Co_issioner Woodson, moved to approve staff recommendation including staff
language stated above. Motion carried with unanimous vote in favor.
Ordinance No.92-51, Zoning.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and City Attorney Rosenthal advised that
the "Whereas..." clause referencing the Planning and Zoning Commission
recommendation has been deleted from the original document.
Kartin Kreidt, representing the owners, modified the request for zoning from R-
1-A to R-l-AA. Planning Director Behrens explained that the difference between
R-1-A which is 8,000 sq. ft. lot size and width of 70 ft., with living area of
1,200 sq. ft., and R-l-AA is 9,000 sq. ft. and width of 75 ft., with living area
of 1,400 sq. ft.
Robert Wiegers, Orange County Senior Planner, advised that the proposed
residential zoning is not consistent with County's Future Land Use Policy. Kr.
~ Wiegers pointed out also that there will be no new agricultural lots developed
of less than 10 acres in size. He stated also that they will be condensing their
zoning categories soon.
As there were no further comments or questions the public hearing was closed.
Coaaissioner Coabs said he would prefer to see RCE2 next to the golf course as
he wants to be good neighbors with Clarcona.
Coaaissioner Johnson asked if Mr. Kreidt would consider R-l-AAA and Kr. Behrens
explained why R-1-A was requested.
Kr. Kreidt explained that 1) the owners want to be part of the City; 2) of the
number of 1 acre subdivisions existing in Orange County today, one-half of the
recorded platted subdivision lots are vacant; and he asked for a straw vote.
Kr. Rosenthal advised that if a vote for R-1-AA should be taken for Ordinance No.
92-51, that would involve a change in the title to R-1-AA, the second
"Whereas..." clause should change to R-1-AA, Single Family Residential District
since the applicant has modified their application, and Section 2 would change
to R-1-AA, Single Family Residential District. Since the City has advertised
R-1-A and this is a less intense use it is legally permissible to consider this
request.
~
Instead of a straw vote, Co_issioner Woodson, seconded by Coaaissioner Foster,
moved to adopt Ordinance No. 92-51 changing the zoning classification on this
parcel from Oranae County A-1, Agricultural District, to City of Ocoee R-1-AA,
~
Page 8
Ocoee City Co..ission Regular Keeting
Deceaber 15, 1992
Sinale Family Residential District, with the additional lanauaae spelled out by
Mr. Rosenthal above. On roll call CommisSloner Combs voted "no," Commissioner
Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor
Vanderarift "aye." Motion carried with 4-1 vote.
CASE BO. 2-0611R-92:CERTER LAKES-VEST.
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 118 acres located on the
south side of McCormick Road ~ mile east of Apopka-Ocoee Road. Urban services
are currently not planned to be extended to this area for a minimum of seven
years. Only rural services, supporting agricultural uses will be provided in the
interim. Kr. Behrens pointed out that the requested zoning change is from
Orange County A-1, Agricultural to City of Ocoee R-1-A, Single Family Dwelling.
The owner of the parcel is Center Lake Properties, Ltd.
Staff Reco..endation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-06AR-92:Center
Lakes-West:
I} Approve Ordinance No. 92-52, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-53, establishing an initial zoning for the
~ subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
2} Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-52; and
3} Approve Ordinance No. 92-53, establishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
approval for Ordinance No. 92-52 and find that all conditions subsequent
to the adoption of Ordinance No. 92-52 have been fully satisfied.
Ordinance Bo.92-52, Annexation.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Kichael Calleja, 214 E. Lucerne
Circle, Orlando, representing the owner, requested approval and said that the
request is consistent with the City's Future Land Use Map.
Robert Wiegers, Orange County Senior Planner, said that an enclave will be
created but, as it is a cemetery, the County will not object to this annexation.
As there were no further comments or questions the public hearing was closed.
~
Co..issioner Johnson, seconded by Co..issioner Woodson, moved to approve staff
recommendation on Ordinance No. 92-52 as presented. On roll call Commissioner
Combs voted "aye," Commissloner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion carried.
'-'
Page 9
Ocoee City Co..ission Regular Meeting
Deceaber 15, 1992
Annexation Agree.ent.
City Attorney Rosenthal presented the annexation agreement.
Woodson, seconded by co..issioner Foster, moved to approve staff
Motion carried with unanimous vote in favor.
Co..issioner
recommendation.
Ordinance Ro.92-53, changing Zoning fro. Orange County .1.-1, Agricultural to City
of Ocoee R-1-A, Single Faaily Dwelling.
This ordinance was presented by title only for the second reading and public
hearing and City Attorney Rosenthal advised that the "Whereas..." clause at the
bottom of page one referring to the Planning and Zoning Commission recommendation
should be deleted. The public hearing was opened and Xichael Calleja,
representing the owner, showed an aerial view of the parcel and the zoning they
are requesting would provide good transition from Paradise Heights to R-l-A to
the R-l-AA just zoned.
As there were no further comments or questions the public hearing was closed.
Co..issioner Woodson, seconded by Coaaissioner Coabs, moved to approve staff
recommendation on Ordinance No. 92-54 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion carried.
RECESS 9:50 - 9:55 P.R.
'--'
CASE 10. 2-062AR-92:CIRTIR LAKES-lAST.
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 90.65 acres located on
the south side of McCormick Road, ~ mile east of Ingram Road. Urban services are
currently not planned to be extended to this area for a minimum of seven years.
Only rural services, supporting agricultural uses will be provided in the
interim. Rr. Behrens pointed out that the requested zoning change is from
Orange County A-1, Agricultural to City of Ocoee R-l-A, Single Family Dwelling.
The owner of the parcel is Center Lake Properties, Ltd.
Staff Reco..endation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-06AR-92:Center
Lakes-East:
I} Approve Ordinance No. 92-54, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-55, establishing an initial zoning for the
subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
2) Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-54; and
'-'
3) Approve Ordinance No. 92-55, establishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
'-"
Page 10
Ocoee City Coaaission Regular Meeting
Deceaber 15, 1992
approval for Ordinance No. 92-54 and find that all conditions subsequent
to the adoption of Ordinance No. 92-54 have been fully satisfied.
Ordinance .0.92-54, Annexation.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Hichael Calleja, representing the
owner, requested approval of the annexation.
Robert Wiegers, Orange County Senior Planner, said the County considers that this
parcel is not substantially compact and contiguous to Ocoee city limits and this
annexation encroaches on what has been identified as the Clarcona Rural
Settlement.
Ji. Riffle, P.O.Box 511, Clarcona, speaking for the Clarcona Improvement
Association, spoke at length against the annexation. Also speaking against were:
Dennis Phipps, P.O.Box 560, Clarcona; Bob Goehring, 7924 Steeplechase Blvd.,
Orlando; Byron Carter, P.O.Box 752, Orlando; Kenneth Cox, 9311 Trout Lake Rd.,
Clarcona.
Hr. Calleja, in rebuttal, said that the City planning staff took a long time to
line out the Clarcona rural area and the owner does not consider himself to be
part of the rural settlement area.
~ Rayaond Harrison, P. O. Box 568367, Orlando, representing Center Lake Properties,
said that distinguishing between the emotion behind the issue and the facts based
upon the issue can be difficult. The facts of why they wish to annex into Ocoee
are based on the growth management law and the plan formulated by the City of
Ocoee and accepted by the State.
As there were no further comments or questions the public hearing was closed.
Couissioner Woodson moved to approve staff recommendation on Ordinance No.
92-54. The motion died for lack of a second.
couissioner Foster said his policy regarding annexation is that 1} it must be
voluntary, 2) the petitioner must be the property owner, 3} the legal
requirements must have been met, 4) and the request must be in compliance with
the Comprehensive Plan. He said he felt that most of the citizens are not
objecting to the annexing but to the domino effect that high density development
brings. Couissioner Foster asked if Mr. Caruso, the petitioner, would consider
lower density zoning.
Hr. Behrens said that he would consider R-I-AA, but probably no higher.
.......
Mr. Rosenthal addressed the procedure before Commission at this time and pointed
out that the issue before the Commission is the annexation and that approval of
the annexation would be negated by a vote to deny the zoning requested or to
approve a zoning not requested by the petitioner. Whatever is mentioned needs
to be within the parameters of the Comprehensive Plan.
~
Page 11
Ocoee City Coaaission Regular Keeting
Deceaber 15, 1992
Coaaissioner Woodson moved again to approve staff recommendation on Ordinance No.
92-54, with a second by coaaissioner Johnson. On roll call Commissioner Combs
voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner
Woodson "aye," and Mayor Vandergrift "aye." Motion carried.
Annexation Agreeaent.
City Attorney Rosenthal presented the annexation agreement. Coaaissioner
Woodson, seconded by Coaaissioner Coabs, moved to approve staff recommendation.
Motion carried with unanimous vote in favor.
Ordinance No.92-55, changing Zoning fro. Orange County A-1, Agricultural to City
of Ocoee R-1-A, Single Family Dwelling.
This ordinance was presented by title only for the second reading and public
hearing and City Attorney Rosenthal advised that the "Whereas..." clause on page
one referring to the Planning and Zoning Commission recommendation should be
deleted as it is inconsistent with their recommendation. The public hearing was
opened and Rayaond Harrison, representing Center Lakes Properties, modified the
request to R-1-AA.
Robert Wiegers, Orange County Senior Planner, said that the proposed zoning of
either R-1-A or R-1-AA is inconsistent with Orange County's Future Land Use
designation of 1 unit per acre.
'~ Herb Sully, 7925 Sully Drive, Orlando; Ji. Riffle, P.O.Box 511, Clarcona; Dennis
Phipps, P.O.Box 560, Clarcona; Bob Goehring, 7924 Steeplechase Blvd., Orlando;
Jeff Bersey, P.O.Box 394, Clarcona all spoke against the zoning.
As there were no further comments or questions the public hearing was closed.
Kr. Harrison, representing Center Lakes Properties, amended the application to
change the requested zoning from R-l-A to R-1-AA.
Kr. Rosenthal advised that the request would change the title of Ordinance No.
92-55 to reflect R-1-AA, Single Family Residential District, the second whereas
clause to R-l-AA, Single Family Residential District, and Section 2 would be
changed to reflect R-1-AA, Single Family Residential District, and the site
location map which now says R-l-A should also be changed to reflect R-l-AA. Kr.
Rosenthal pointed out that because this is a less intense use of the land it is
consistent with the advertised public notice for consideration of the ordinance
and may legally be considered by this Commission.
Coaaissioner Woodson, seconded by Coaaissioner Foster, moved to approve staff
recommendation for Ordinance No. 92-55 with the stipulations as presented by Mr.
Rosenthal above. On roll call Commissioner Combs voted "aye," Commissioner
Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor
Vandergrift "no." Motion carried with 4-1 vote in favor.
'-"
'--'
Page 12
Ocoee City Couission Regular Meeting
Deceaber 15, 1992
CASE 10. 2-14AR-92:RAVlDAL.
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 165 acres located along
a ~ mile stretch and on the north and south side of Ocoee-Clarcona Road, just
east of Ingram Road. Urban services are currently not planned to be extended to
this area for a minimum of seven years. Only rural services, supporting
agricultural uses will be provided in the interim. Br. Behrens pointed out that
the requested zoning change is from Orange County A-1, Agricultural to City of
Ocoee A-l, General Agricultural. The owners of the parcel are Eric Ravndal and
Florence T. Ravndal.
Staff Recouendation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-14AR-92:Ravndal.
1) Approve Ordinance No. 92-56, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-57, establishing an initial zoning for the
subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
2) Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-56; and
'-'
3} Approve Ordinance No. 92-57, establishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
approval for Ordinance No. 92-56 and find that all conditions subsequent
to the adoption of Ordinance No. 92-56 have been fully satisfied.
Ordinance No.92-56, Annexation.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Eric Ravndal, representing his
parents, requested approval of the petition to annex.
Robert Wiegers, Orange County Senior Planner, said that he County considers this
parcel not compact or contiguous to the city limits and this annexation will
create two enclaves.
As there were no further comments or questions the public hearing was closed.
Couissioner Coabs, seconded by Couissioner Johnson, moved to approve staff
recommendation on Ordinance No. 92-56 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion carried.
'-'
Annexation Agreeaent.
City Attorney Rosenthal presented the annexation agreement. Couissioner Coabs,
seconded by Couissioner Johnson, moved to approve staff recommendation. Motion
carried with unanimous vote in favor.
.........
Page 13
Ocoee City co..ission Regular Keeting
Deceaber 15, 1992
Ordinance Ro.92-57, changing Zoning fro. Orange County A-I, Agricultural to City
of Ocoee A-1, General Agricultural.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and, as there were no comments, the
hearing was closed. co..issioner Coos, seconded by co..issioner Johnson, moved
to approve staff recommendation on Ordinance No. 92-57 as presented. On roll
call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner
Johnson "aye," Commissioner Woodson "aye," and Mayor Vanderqrift "aye." Motion
carried.
CASE RO. 2-10AR-92:STARBIRD.
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 68 acres located on the
south side of McCormick Road and 800 feet east of Ocoee-Apopka Road. Urban
services are currently not planned to be extended to this area for a minimum of
seven years. Only rural services, supporting agricultural uses will be provided
in the interim. Kr. Behrens pointed out that the requested zoning change is
from Orange County A-1, Agricultural to City of Ocoee A-l, General Agricultural.
The owners of the parcel are Sherwood P. Starbird, Sr. and Lucile Starbird.
~ Staff Reco..endation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-10AR-92: Starbird.
1) Approve Ordinance No. 92-58, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-59, establishing an initial zoning for the
subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
2) Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-58; and
3) Approve Ordinance No. 92-59, establishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
approval for Ordinance No. 92-58 and find that all conditions subsequent
to the adoption of Ordinance No. 92-58 have been fully satisfied.
Ordinance Ro.92-58, Annexation.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Robert Wiegers, Orange County Senior
Planner, said the County does not condone enclaves but recognizes the difficulty
with the cemetery.
Krs. Sherwood Starbird, 2056 McCormick Road, Apopka, thanked the City for their
promptness in taking care of this request.
~ As there were no further comments or questions the public hearing was closed.
'-'
Page 14
Ocoee City Coaaission Regular Keeting
Deceaber 15, 1992
CDaaissioner Woodson, seconded by Coaaissioner Coabs, moved to approve staff
recommendation on Ordinance No. 92-58 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye, "
Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion carried.
Annexation Agree.ent.
City Attorney Rosenthal presented the annexation agreement. Coaaissioner
Johnson, seconded by Coaaissioner Coabs, moved to approve staff recommendation.
Motion carried with unanimous vote in favor.
Ordinance No.92-59, changing Zoning fro. Orange County A-I, Agricultural to City
of Ocoee A-1, General Agricultural.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and, as no one wished to speak, the
hearing was closed. Coaaissioner Coos, seconded by Commissioner Johnson, moved
to approve staff recommendation on Ordinance No. 92-59 as presented. On roll
call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner
Johnson "aye," Commissioner Woodson "aye," and Mayor Vanderarift "aye." Motion
carried.
CASE RO. 2-162AR-92:BATTAGLIA-BAST.
'-"
Planning Director Behrens presented the staff report, noting that the annexation
and initial zoning are consistent with the Comprehensive Plan and the Future Land
Use Map and then he identified the parcel on the map as 113.92 acres located
along both sides of Ocoee-Clarcona Road and 2,000 feet west of Apopka-Vineland
Road. The City can currently provide urban services to this property. Ill'.
Behrens pointed out that the requested zoning change is from Orange County A-1,
Agricultural to City of Ocoee R-1-A, Single Family Dwelling. The owner of the
parcel is Battaglia Fruit Co., Inc.
Staff Recoaaendation: That the City Commission, in separate votes, take the
following actions with respect to the petition in Case Number 2-162AR-
92:Battaglia-East.
1) Approve Ordinance No. 92-60, annexing the subject parcel, subject to the
adoption of Ordinance No. 92-61, establishing an initial zoning for the
subject parcel as requested by the applicant and further subject to the
approval of an annexation agreement;
2) Approve the proposed Annexation Agreement between the City of Ocoee and
the owner of the subject parcel, such approval being in satisfaction of
the condition of approval for Ordinance No. 92-60; and
'-r
3) Approve Ordinance No. 92-61, establishing an initial zoning for the
subject parcel, such approval being in satisfaction of the condition of
approval for Ordinance No. 92-60 and find that all conditions subsequent
to the adoption of Ordinance No. 92-60 have been fully satisfied.
'-"
Page 15
Ocoee City Coaaission Regular Beeting
Deceaber 15, 1992
Ordinance .0.92-60, Annexation.
This ordinance was presented by title only for the second reading and public
hearing and City Attorney Rosenthal said that a revision which includes the metes
and bounds legal description has been distributed. Br. Rosenthal explained that
there is no annexation agreement with this case because this parcel is located
within Ocoee sewer and water area and the City can currently provide urban
services. The public hearing was opened and Robert Battaglia, representing
himself and his father, said that they would have requested annexation earlier
but for a 5 year agreement.
Bichael Calleja, 214 E. Lucerne Circle, Orlando, showed a larger diagram of the
area.
Robert Wiegers, Orange County Senior Planner, said the County considers this
parcel not to be compact or contiguous to the city limits and that annexation
will create an enclave. This property is also a part of the Clarcona rural
settlement area.
Ji. Riffle P.O.Box 511, Clarcona, said that Mr. Battaglia is a land owner, not
a home owner in the area.
Jeff Bersey, P.O. Box 394, Clarcona, said the staff report is in error as it shows
his property as in the City and asked that the hearing be postponed until
~ Commission gets a true and accurate map.
City Attorney Rosenthal advised that 1/16 of an inch more should be shaded as in
the County and that does not materially affect the decision.
R.B. Scott, 9000 Ocoee-Clarcona Road, said that the development has been good
because of increased supervision and he wants to be sure if the property is
developed he has egress/ingress to his property.
Br. Phipps and Bob Goehring both spoke again against the annexation.
As there were no further comments or questions the public hearing was closed.
coaaissioner Foster, seconded by Coaaissioner Woodson, moved to approve staff
recommendation on Ordinance No. 92-60 as presented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye,"
Commissioner Woodson "aye," and Mayor Vandergrift "aye." Motion carried.
Ordinance .0.92-61, changing Zoning fro. Orange County A-1, Agricultural to City
of Ocoee R-1-A, Single Faaily Dwelling.
This ordinance was presented by title only for the second reading and public
hearing. The public hearing was opened and Robert Battaglia requested approval
of the zoning.
.......
Bichael Calleja said they are requesting R-l-A because this will be appropriate
for the surrounding area.
'-
Page 16
Ocoee City Co..ission Regular Keeting
Deceaber 15, 1992
Robert Wiegers, Orange County Senior Planner, objected to the requested zoning
based on the County's finding that it is not consistent with the County's Future
Land Use designation of 1 unit per 5 acres.
Kr. Phipps, Bob Goehring, and Ji. Riffle, all spoke against the requested
zoning.
As there were no further comments or questions the public hearing was closed.
Co..issioner Johnson asked the owner if he would consider changing his request
to R-I-AA and after a brief discussion, Mr. Battaglia amended his request to R-l-
AA zoning.
Kr. Rosenthal advised that the request would change the title of Ordinance No.
92-61 to reflect R-l-AA, Single Family Residential District, the second whereas
clause to R-l-AA, Single Family Residential District, and Section 2 would be
changed to reflect R-1-AA, Single Family Residential District, and the site
location map which now says R-I-A should also be changed to reflect R-1-AA. Kr.
Rosenthal pointed out that because this is a less intense use of the land it is
consistent with the advertised public notice for consideration of the ordinance
and may legally be considered by this Commission.
\w-
Co..issioner Johnson, seconded by Co..issioner Combs, moved to approve staff
recommendation on Ordinance No. 92-61 with the stipulations as presented by Mr.
Rosenthal above. On roll call Commissioner Combs voted "aye," Commissioner
Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor
Vandergrift "aye." Motion carried.
STAFF REPORTS - None
CODDTS FROM COIUIISSIOlfERS
Co..issioner Coabs:
1) Moved to call a work session for Mayor and Board of City Commissioners,
City Attorney, and Department Heads to review the Charter on a date to be
selected by staff. Commissioner Johnson seconded and motion carried with
majority vote in favor.
2} Moved to call a special session for December 17 at 8: 30 p.m. or
immediately following the workshop for the purpose of considering the
renewal of City Manager Shapiro's contract, and to have the session
televised. Commissioner Johnson seconded and motion carried with 3-2 vote
in favor. Commissioner Foster and Commissioner Woodson voted no.
Commissioner Woodson:
Appointed Richard Pride to serve on the Clarke Road Time Capsule Committee.
......
Mayor Vanderarift:
Talked about landscaping Clarke Road to prepare for the opening. City Manager
Shapiro said that he wished to delay any decision regarding this until he had
,-".
~
~
Page 17
Ocoee City Co..ission Regular Meeting
Deceaber 15, 1992
seen the memo which had been distributed, and he said this will be placed on the
January 5 agenda.
ADJOtJR.DElfT
The meeting adjourned at 12:13 a.m.
Attest:
J
Approved:
CITY OF OCOEE
~
,..,
"CENTER
ATTACHMENT NUMBER 1
TO MINUTES OF 12-15-92
ORANGE"
MAYOR-COMMISSIONER
LESTER DABBS, JR.
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE FLORIDA 34761
(407) 656-2322
COMMISSIONERS
RUSTY JOHNSON
PAUL W.FOSfER
VERN COMBS
SAM WOODSON
CITY MANAGER
ELUS SHAPIRO
TO:
THE HONORABLE S _ SCOTT VANDERGRIFT
MAYOR, CITY OF OCOEE
~
PEGGY PSALEDAKIS, DIRECTOR PERSONNEL/EMPLOYEE RELATIONS
FR:
DA:
DECEMBER 14, 1992
SU:
DOCUMENTS FOR OFFICIAL RECORDING
I have copied the following documents to you and the Members of the
Commission as I have received them and transmitted them.
Mrs. Jo Ann Drawdy made derogatory statements at the regularly
scheduled Commission meeting on 12/1/92 concerning me and the City
Manager.
~
In her response to me by way of her letter dated December 7, 1992
she stated that she could not reveal the source of her information
as she was asked to keep the information confidential however she
apologized for any confusion she may have caused.
At this time I respectfully request that all those documents
relating to this incident be made a part of the official record at
the regularly scheduled Commission meeting on Tuesday, December 14,
1992. I have also attached two of several letters from my
Personnel file mentioned to Mrs: Jo Ann Drawdy in my letter to her
dated December 8, 1992. These letters are from the City of
Gulfport's former Mayor Bert Williams and former Council Member
Robert Burke.
cc: Members of the Commission
City Manager
City Clerk
Attorney, Reynolds Allen
~\~
,...
\w.
~
'-"
.. .
Excerpt from 12/1/1992 Ocoee City Commission Regular Meeting:
Good evening, I am Joann Drawdy, and I reside at 820 E. Harbour Court, here in
Ocoee in the Harbour Highlands Subdivision. The primary purpose of my taking
this opportunity to speak with each of you this evening is to urge you not to
renew the contract of our current City Manager Ellis Shapiro. I have come before
this commission in the past reference this same issue, citing Mr. Shapiro I s
unacceptable behavior with the public, his sleeping in the commission meetings,
and so forth, stressing to each of you the urgency for new leadership for the
City of Ocoee. I personally have spoken with public officials of another city
where Mr. Shapiro and Ms. Psaledakis were employed. I can assure you they did
not leave on a positive note. Many problems are facing our City at this time.
The debt we have taken is certainly in the top priority. However, I feel that
more important, the employees of this City, the police officers, firefighters,
secretaries, and countless other individuals who make up departments within the
City deserve better. And, I submit, it is the responsibility of each of you to
act in their behalf. I attended the commission meetings back in February when
I listened to the discussions citing the need for the layoffs. Several times I
heard the comment that if Mr. Shapiro had been doing his job, there would not
have been a need to layoff City workers. Well, I disagree. I feel Mr. Shapiro
was doing his job, that being to be rid of those individuals who dare challenge
him or question his work ethics. I commend these people. Although while they
were compelled to take a stand they, along with a few others who seemed to have
been innocent parties, lost their jobs. On a personal note, being a former city
employee, I feel sure that, had I still been with the City, I too would have been
targeted. I valued my position with the City and the decision to leave was not
an easy one. However, I could no longer contend with the policies if the City
either. There are some really great individuals who work for the City and it is
unfair to expect them to continue to work in the atmosphere they have for the
past several years. In closing I would like to suggest that the City move
forward on a positive note. It is time for all members of this commission to
work together towards a common goal. As the search for a new City Manager
ensues, I would favor some citizen enrollment. Perhaps by forming a committee
of citizens who could play an important role reviewing the credentials of
prospective candidates, ultimately providing the Commission with recommendations
for their review and consideration to ensure that the person selected is in fact
the one we want to represent our City.
State of Florida
County of Orange
City of Ocoee
I, Jean Grafton, City Clerk of the City of Ocoee, Florida, do hereby certify that
this is a true and accurate transcription of an excerpt of the tape recording of
the Ocoee City Commission Regular Meeting held December 1, 1992.
In witness whereof, I hereunto set my hand and affix the Seal of the City of
Ocoee, Flor'da, this second day of December, 1992.
\ It
, _' .tC...\..! / I
ep'n Grafton,
(SEAL)
"~.
\....
..
.J
\w
~
"CENTER OF GOOD UVING - PRIDE OF WEST ORANGE"
MAYOR-COMMISSIONER
LESTER DABBS, JR.
CITY OF OCOEE
COMMISSIONERS
RUSTY JOHNSON
P Aut W. FOSTER
VERN COMBS
SAM WOODSON
150 N. LA1<ESHORE DRIVE
OCOEE FLORIDA 34761
(407) 656-2322
CITY MANAGER
ELUS SHAPIRO
December 2, 1992
Ms. Joann Drawdy
820 E. Harbour Court
Ocoee, Fl. 34761
Re: Commission Meeting 12/1/92
Dear Ms. Drawdy,
The evening of the regular commission meeting dated above, I
arrived late. This was a result of having been out of town and my
plane getting in late.
I have reviewed a certified excerpt df your statement made that
evening. In that statement you s4id among other things "I
personally have spoken to public offi~ials of another city where
Mr. Shapiro and Ms. Psaledakis were employed. I can assure you
they did not leave on a positive note." Your statement was very
negative and would leave the listener with many unanswered
questions. I found if very damaging.
At this time I am requesting the names of the public officials you
spoke with from the other city. Further, I am requesting
clarification as to your statement "I can assure you they did not
leave on a positive note."
)
)
Your immediate reply is most appreciated.
sincerlily, ..
~if1 ~~
Peggy Psaledakis
Director Personnel/
Employee Relations
cc: Reynolds Allen, Attorney ~.--
Ellis Shapiro, City Manager
Mayor & Members of Commission
J
)
I
Certified # P 315 765 874
'-"
\t..,
~
07 December 1992
820 East Harbour Ct.
Ocoee, Florida 34761
Ms. Peggy Psaledakis
City of Ocoee
150 No. Lakeshore Drive
Ocoee, Florida 34761
Dear Ms. Psaledakis,
Reference your letter of 02 December 1992, I am unable to provide you
with the information you have requested, due to the fact I was asked
to keep this matter condifential.
I am sorry for any confusion this may have caused.
Sincerely,
coa~ to}t.(Uv-d~O
Mrs. Jo Ann Drawdy
(: ~\ MflPA-yor
C c.. . . W~Olt--
CoM~~r()~
r
~.
~
~
PEGGY PSALEDAKIS, DIRECfOR
PERSONNEL/EMPLOYEE RELATIONS
150 N. LAKESHORE DRIVE · OCOEE, FLORIDA 34761
(407) 656-2322
December 8, 1992
Mrs. Jo Ann Drawdy
820 E. Harbour Court
Ocoee, Florida 34761
Re: Response to my letter 12/2/92 regarding, commission Meeting
12/1/92
Dear Mrs. Drawdy,
I would like to thank you for your response to my letter
concerning the above. I would further like to advise you that
under litigation in a legal proceeding, the source of your
information would not be confidential. Further, it is also my
belief that when information of any nature is released concerning
any elected or public official at a public meeting it must be
truthful and accurate. If the information released does not meet
this standard, it is possible to proceed to litigation.
Mrs. Drawd~ I bring this to your attention because you have
been strongly ill-advised. It has become an unfortunate situation
for both of us. Defamatory and derogatory statements of this
nature have no place in good government. It interferes with my
ability to perform those duties that have been entrusted to me.
Each of us as elected or public officials are constantly
scrutinized and subject to negative responses from time to time.
This does not mean that we have to accept defamatory statements
which would place us in a false light.
You have been sadly ill-advised therefore, I would like to
give you the following accurate information. I worked for the City
of Gulfport from December 1976 through September 1990. Mr. Ellis
Shapiro was city Manager in Gulfport from that time up to 1984 to
the best of my recollection. Mr. Shapiro left for a larger City
and prior to his departure he was asked not to leave and offered a
substantial amount of money to stay in Gulfport. He did leave. I
continued my employment with the City up to the date stated above.
I was not asked to leave and became torn with the decision as to
stay or come to Ocoee. Obviously I chose to come to Ocoee.
My personnel file has letters submitted by City officials from
Gulfport at the time. Mayor, Bert Williams, Commissioner, Bob
Burke, Commissioner, Pat Rondeau, Finance Director, Sandra Jones,
THE PRIDE OF WEST ORANGE
PAGE TWO
\..., Police Chief, James Sewell, Library Director, Doris Kevin and
Public Works Director, curtis Tack. I also have letters at home
from many of the civic groups associated with Gulfport.
Upon Mr. Shapiro's departure the City had a very difficult
time finding a good City Manager. We went through several during
the time he left and up to the time I left. Mr. Shapiro was a city
Manager that was very strong on the rights of the employee and at
that time he also served on the State of Florida International City
Managers Association Ethics commission. He was asked to go to Polk
City by this Commission to assist them in the process of
establishing a government.
I must advise you that an inj ustice is done when false
information is conveyed about good elected or public officials.
The State of Florida has good laws in its Sunshine and Public
Records law. It would behoove those individuals that publicly
release negative and defamatory information about its elected or
public officials to check information carefully. Again, when this
is not done, defamatory statements are made which can and will
often lead to litigation.
'-'
Again, I thank you for your letter. In that letter you state
that "I am sorry for any confusion this may have caused." I am
attempting to take you at your word. At this time I am asking that
you state this publicly at the regularly scheduled Commission
meeting Tuesday, December 15, 1992. I also invite you to come in
and review my personnel file.
I believe your public apology will leave this unfortunate
matter to rest.
P.315 765 875
RECEIPT FOR CERTIFIED MAIL
~7f~'
Peggy Psaledakis
Director,Personnel/
Employee Relations
cc: Reynolds Allen, Attorney
Ellis Shapiro, City Manager
Mayor & Me~ers of commission
Certified # P 315 765 875
c:i
a.:
ci
ui
::)
.~!
NO INSURANCE C~~VIOEO
NOT FOR INTERNAT AL MAIL
(See Revers
Sent 10 Jo Arm Drawdy
Street and No. Harbour Court
820 E. P.o.. State and ZIP Code
Ocoee FL 34761
Postage S .29
CertIfied Fee 1.00
SpecIal Delivery Fee
Restricted Delivery Fee 2.50
Relurn Receipt showing 1.00
to whom and Date Delivered
Return ReceIpt showing to whom.
Dale. and Address 01 Delivery
TOTAL Postage and Fees S4.79
""
Postmark or Dale ~
III
III
III
.
'"
"I
en
..
'"
........
III
co
01
...
GI
c:
:l
.,
Q
o
co
M
E
o
lL
lJ)
D.
~
\.,
,
ROBERT E. BURKE
~921 SBABlBD DRIVE SOUTH
GtrLFPOJlT. FLOJlXD.... 33707
Karch 20, 1990
Mr. Ellis Shapiro
City of Ocoee
150 Lakeshore Dr.
Ocoee, FL 32761
Dear flir. Shapiro:
During the pa.st Yea:B as Councilman, I have had the
opportunity to both observe and work closely with Ms.
Peggy Psaledakis.
My judgment is that she is an experienced, dedicated
and highly motivated professional.
I have been particularly impressed by her:
1.
Close rannort with the citv~s emnloyees at
all leveis. I believe she has had a major
role in our employees finding no need to have
a union represent their interests.
2. Objectivity in investigating serious problems
relating to the performance of a new city
manager. Her prompt action protected the city
from possible major lawsuits by several employees.
- ~.~
3. ~Dedication to training. Peggy has made the extra
effort to keep herself and her staff current on
new developments in personnel and h~~an resources
management.
4. Understanding of all aspects of Florida public
employees wage and benefit programs. This
knowledge has helped Gulfport retain a high
quality staff of motivated employees.
r.
'-'
ROBERT E. BUlUCE
:1921 SB..UU:aD DalVE SOUTH
GtrL1"POllT, FLOlUDA 33707
(2)
!n making these judgments, I am comparing Peggy
to several hundred personnel experts who reported to
me during my 33 year career with Monsanto Co. During
my last ten years, I was responsible for a 21.2 billion
business \vith over 20.000 employees. Peggy Psaledaki s
compares very favorably to the top 10% of personnel
professionals I have had experience with in the private
sector. I would recommend her highly.
Sincerely,
C2e1:1. ~~~tL
....... REB/dsb
J...-
rr
b',.
fll1lU~
II"~ f.'.~.~.~ff?'!lo~
~\A 0.... ....:A ~
~\\.t:,,'rr-r~ "':,~ ~
~ c..J.:,r /'.~...' ~ ,"! ~
~ ~- _-:-_._"".-~
;:l :Ji),-'. ;'E~_::,:':~
::::::JI '. ~--=--:3.'--:. ~
1::. ~_ ~-"'_ :-_ ~
~~~~ '"" ry~-...----~
':.. -' .. f- ."~. <'; \. . :-1= ~
~ - - "....~ .,. :..
- .- .- -.
~.:;.....:.. .:,-;.-..
~ -"..:. - ",.
"..r,,,,,,,nIP
~
. BERT WILLIAMS
MAYOR
JOHN PHILLIPS
COUNCILMEMBER, WARD 1
JOSEPH GRIFFIN
COUNCILMEMBER, WARD 2
COLLEEN CAMP
COUNCILMEMBER, WARD 3
MICHAEL YAKES
, ICILMEMBER, WARD 4
'-
ROBERT E. LEE
CITY MANAGER
LESLEY M. DeMUTH
CITY CLERK
TIMOTHY P. DRISCOLL
CITY ATTORNEY
\...
P,O. BOX 5187 GULFPORT. FL 33737 (813) 321-1158
GATEWAY TO TH E GU IF
August 7, 1990
Mr. Ellis Shapiro, City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Dear Ellis:
I would like to take this opportunity to say that your
selection of our Personnel Director, Peggy Psaledakis, to work for
your City is certainly our loss and your gain.
Through the years, Peggy and I have had our disagreements, but
I have learned to respect the professionalism she has brought to her
job and to the City of Gulfport.
I have learned to appreciate her straightforwardness, honesty,
strength of character and integrity. Although she works directly
for the City Manager, she has been there for Council during some
tough times, most recently the Powers situation.
As Personnel Director, Peggy has been instrumental in
encouraging employees to go back to school to earn their high school
diplomas or college degrees. She has fostered employee development
and has been a strong advocate of employee rights and minority
issues. Under her leadership of fourteen years, the City has never
had a labor lawsuit with the exception of one in which the City
prevailed.
On numerous occasions, Peggy has been made Acting City Manager
by the City Manager in his/her absence. The City of Gulfport is
proud that she has been elected President of the Florida Public
Personnel Association.
I wish the both of you success.
Sincerely, . ~. ;
, I'
," , / "
J .1') r Ul. . 'l ClA..-<r
Bert W Hliarns ,
Mayor
r
;..
~
CERTIFIED MAIL
P 232 287 728
'-"
..i
14 December 1992
820 East Harbour Court
Ocoee, Florida 34761
Ms. Peggy Psaledakis
City of Ocoee
150 No. Lakeshore Drive
Ocoee, Florida 34761
Dear Ms. Psaledakis,
Reference your correspondence of 08 December 1992, I will be unable to
attend the Ocoee City Commission Meeting, Tuesday, 15 December 1992.
~ Please accept this letter as a retraction of my statement. I do not
wish to be involved in this matter any longer.
Feel free to read this letter at said meeting, and publish to all those
in attendance.
Sincerely,
C?f (lUu J)JcCl.l (AO
Mrs. Jo Ann Drawdy
Ce',
Q /)'-1 MA c,l.iA-f~r-
{\f),A JoC,-
tv'. C V\I\ t ~5 (J t r-e-, c. GI'1rJ "1 / fj 51 'C<<.)
~
~
\..r
'-'
)
t::"
~~:
i_~:
:}
I,
:,.''',"
:f:;
0 -CJ:3:
() VI ~. Ul
0 art.
CD << "d
CD Z CD
0 OOQ
. HlOQ
'x:l t"' <<
...... Dl 0
0 :>;"() "d
Ii CD 0 Ul
~. Ul CD Dl
0.. ;:,- CD ......
Dl 0 CD
Ii 0..
CD Dl
W :>;"
l:'- b ~.
'-I Ii Ul
0\ .....
f-' <:
CO
.'1
r
. J".
"....,
:: I
I'
f-
,
I
,-
I
I
,.
I'
i,
; ,
000
() N
o 0
CD
CD t::l
Dl
Ul
'x:lrt
......
o ::z::
Ii Dl
~. Ii
0..0"
Dl 0
C
Ii
W
l:'-CJ
'-10
O\C
-Ii
rt
.j,.:
"1-
~~j: [
.;... ,.
~: :': 1
:'~-';~, t
',1:::f:
, ,.,
':,::,'"
,......
f".. !
'.",
";<: :.
..., .
"'J
,i;; I
.;":. ".
.- ~:"
;..
'.i<
'1,:: r
"J" .
~ t. . .
; ~;. I
",
1;'1
"'j
+:
'h I,
.:'t',I-
I~.~;:: 1
.,.: I
J' ~
r,L I
: i'.~
i:;.
:',,'
I:;': I
'.;., t
',f,:'I'
::.
'1 ::
r
)
:r
;:1
l: ,
", I
"; I
!:, !
'f,: I
,i:
V
\:-
r'
:y,
1",,-
....j
"
F :'
-~----~-------- -..-......------
"~'. '
"
ATTACHMENT NUMBER 2
TO MINUTES OF 12-15-92
\.,.
DC
PS
ORANGE COUNTY PUBLIC SCHOOLS
P. O. Box 271 . Orlando, Florida . 445 West Amelia Street
32802-0271 32801-1127
November 17, 1992
g" IJc :;)':' Ii ~i t., ~ . .:;
~~.~..''<I,,'l '.'I.i.....:,:~'r, '\'1 ,I',. ....'..'.... "
~;~~r.:u....:'",:"-"",,,,:,"''';_'''''_' --,.;' ,it ~
. NOV 1 9 1992 Jill
CITY OF aCOfE,
Bruce Behrens
Planning Director
City of Ocoee
150 Lakeshore Drive
Ocoee FL 34761
Dear Bruce:
'-'
I have just finished reviewing the proposed annexations I
received on Friday. I would like to express some concerns about the
proposed annexation of approximately 1490 acres between Trout Lake
and Lake Apopka, north of Clarcona Ocoee Road. These annexations are
almost completely contiguous to one another and almost all the
acreage (1181 acres) will be rezoned from agricultural to
residential. This is done in spite of the city's acknowledgment that
no urban services can be provided and are not planned for seven
years. This rezoning to urban densities seems inconsistent with the
city's inability to provide services in the near future. If the city
would like to annex the property, it would seem more appropriate for
the property to retain its agricultural zoni.ng until it could be
serviced by the city.
.......
Further, the properties are being individually rezoned with
"straight" zoning (RIA, R1AA, etc.), which will permit individual
property owners to bring in parcels separately for subdivision
development. The total acreage has the potential to yield a
school-age population of over 2,300 students, half or which would be
elementary age students and require the construction of two
elementary schools. Ocoee may have a subdivision regulation which
would require a school site be reserved when a certain threshold of
development is reached (approximately 1,000 single family homes), but
if the parcels are brought in separately for development, it is
unlikely the threshold would ever be crossed by a single owner and a
school site would probably never be set aside for future purchase by
the school board. This happened often in the past in Orange County;
when the school board needed to build a school because the student
population had grown, often only expensIve or undesirable property
was left for purchase. As a resuJ. t I Orange County often requires
that parcels be zoned PD which gives the county more control over the
qual i ty and type of development or, if under the same or similar
ownership, that the parcels be aggregated for future development
purposes. This approach also prevents a patchwork approach to
planning and development.
"The Orange County School Board is an equal opportunity agency"
.
.
Page Two
Bruce Behrens
\.r
Once the zoning on the parcels is in place, it is very difficult
to retain control over the type and quality of development which
occurs in the future. I strongly recommend the city reconsider the
annexation of the residential parcels and consider either retaining
the agricultural zoning or impose a condition that, in the future,
certain parcels must be aggregated for development approval or that
the larger parcels reserve school sites which are acceptable to the
school board (until the projects near build-out) for future purchase
by the school board, consistent with the school impact fee
ordinance. The PD zoning also insures a more attractive and
consistent approach to development.
Please call me if you have any questions or need additional
information. I will be appearing at the city of Belle Isle on
Wednesday night and will be unable to attend the Planning and Zoning
Commission meeting. Please provide the members with a copy of this
letter on my behalf.
Sincerely,
c(..tt ~o(~
Lee Ann Lowery
Senior Manager
\..,.. c: Mayor Vandergrift
City Commissioners
~