Item #01 Minutes
MINUTES
OCOEE CITY COMMISSION
April 15, 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. Commissioner Keller gave the Invocation and Commissioner Johnson 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.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamations - Mayor Vandergrift
Arbor Day - April 25, 2008
Building Safety Week 2008 - May 5th - 11th
I C. COMMENTS FROM CITIZENS/PUBLIC
Pablo Quinones, 720 Lakeview Drive, 1) said he found out that the speed bumps the City is
installing cost $5500. Commissioner Anderson said the City did their homework and these
speed tables are the best deal because they are portable. Public Works Director Krug said the
product that we selected is a recycled product, the cost is slightly higher than asphalt, but they
are portable and easier to install. He added that we have a traffic calming enforcement procedure
and we are only installing them where residents are asking for them because the need is there. 2)
asked Commissioner Johnson if it is true the city has a job waiting for him in Code Enforcement.
Commissioner Johnson said it is not true, that what he probably heard is that he attended a
Code Enforcement class but he should know that he paid it out of his own pocket so that he
could handle code issues better that came before him.
Christine Bosch- said she is on the Community Merit Awards Board and the City has gone from
giving out $2500, twice per year, to currently giving out $7500 each quarter. She thinks the City
should not award money to non profits until they have the funds to do that.
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller - 1) said the High School Musical will be at the Ocoee High School on
April 22 - 29,2008.
Commissioner Johnson-no comments
Commissioner Anderson 1) said the County is having a collection of Hazardous and Electronic
waste and he would like to see it put on our website because the City does not collect these types
of items. 2) reminded everyone of the Lions Club Annual Golf Tournament on May 3rd at Forest
Lake Golf club; they are looking for foursomes and hole sponsors.
Mayor Vandergrift asked Utilities Director Smith to inform the public about the water
conservation seminar. Mr. Smith advised we are holding the annual water conservation seminar
City Commission Regular
April 15, 2008
on Saturday, April 26, 2008, from 8:30 a.m. - 1 :00 p.m. We will have four speakers coming in
on various topics, activities and vendors outside, and a session on rain barrels.
Commissioner Hood- sent best wishes to Julie Butler, wife of a city employee, who just
underwent emergency surgery.
Mayor Vandergrift - announced that tomorrow is the grand opening of the city's health and
wellness clinic that is part of our new health insurance plan designed to lower the costs of
providing health care to the employees.
Commissioner Anderson - 1) said the Forest Lake Golf Tournament is being held on May 3 rd,
proceeds go to Lions Club.
Emergency Item - Approval for Purchase of Medical Equipment to Do Pre-Employment
Physicals at the City Health Center
Commissioner Anderson. seconded by Commissioner Keller. moved to approve
the emerQency item for the purchase of purchase of medical eQuipment to do pre-
employment physicals at the city health center in an amount not-to-exceed
,$14.787.00. Motion carried 5-0.
I E. CONSENT AGENDA
1. App~?valalld.t\~.fe~tallce of the RegulafCity. Commission Minutes of April 1, 2008.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Appointment t()theQ:umall Rehlti9nslDiversityBoanJ.. (City Clerk Eikenberry)
Members of the Human Relations/Diversity Board (HRDB) serve two-year terms. Currently the board has eight
(8) members. The Resolution provides that HRDB membership shall consist of no less than seven (7) members
and no more than fifteen (15) members. One application was recently submitted for the Human
Relations/Diversity Board; therefore, staff recommends the City Commission consider appointing Shakeel
Anjum to the Human Relations/Diversity Board with a term ending May 1,2010.
Approved on Consent. Motion carried 5-0.
3. Reapp()intmenttothe ~oardofAdjustmen.t. (c:ity.Cl~r){ Ji:iken}>erry)
Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for
administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This
Board consists of five (5) regular members and two (2) alternate members. At this time there are five (5)
regular members and no alternate members. The three-year term of John Resnik and Fred Wilsen ends May
2008. Both Mr. Resnik and Mr. Wilsen have indicated they are willing to serve another term, if reappointed.
Staff recommends that the Honorable Mayor and City Commissioners reappoint John Resnik and Fred Wilsen
to serve another three-year term on the Board of Adjustment with a term ending May 2011. Currently there are
no applications on file to fill the board openings.
Approved on Consent. Motion carried 5-0.
4. Approval to Award Bid#B08-05 Utilities Administration Building to Southern Building
Services in the Amountof$348,567.00 (Purchasing AgenfTolbert)
The work includes construction of an approximately 3,000 s.f. Utilities Administration Building, including the
front parking lot and sidewalks. The work shall also include site grading for the building's foundation,
sidewalk, and parking, the area between sidewalk and building, and within five (5) feet of the building. The
original budgeted amount was $550,000.00 with $459,683.39 available after design fees. The Utilities
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City Commission Regular
April 15, 2008
Department and Finance Department have reviewed all bids. Utilities' staff and the project architect has met
with Southern Building Services to review their bid and feel that the fInn's bid is representative of the project.
All references have been verified and are satisfactory. Staff recommends awarding the bid to Southern Building
Services, Inc. as the most responsive and responsible bidder for the amount of the Alternate Base Bid of
$348,567.00 which includes the building's electrical work.
Approved on Consent. Motion carried 5-0.
5. ApprovaLofIntent.toAnn~xl0516~t.Av~nue for. Water} Service. Engineer
Wheeler)
Mrs. Sargent, who resides at 105 16th Avenue and who lives in the aforementioned properties, approached the
City for utility service. The property is owned by her parents, who are deceased, and who proposed to give the
property to Mrs. Sargent as an article under their will. The properties were platted as part of the North Ocoee
Addition No.1. The property is currently within unincorporated Orange County and is not contiguous to the
City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and
City Limits. Therefore, this is just an intent to annex for Water Service at this time.
Approved on Consent. Motion carried 5-0.
6. Approval.to..ExecuteQuit-claiJn.I>e~dandTefuporary Construction Easement for 33
LakeviewStreet. {City.EngineerWheeler)
Improvements are presently being made to North Lakeshore Drive from Oakland Avenue to North Lakewood
A venue. These improvements include raising the road and sidewalk to remove a persistent flooding problem,
constructing a retaining wall along Starke Lake to stabilize the shoreline, and other improvements designed to
facilitate pedestrian and recreational activities. A major part of the project is Phase 2 of a multi-pronged
process of installing effective stormwater management facilities that will signifIcantly improve water quality in
Starke Lake. Phase 1, south of the current project limits, was completed in 2006. Phase 3 will construct a
regional storm water pond immediately north of City Hall. During the course of constructing the improvements
to North Lakeshore Drive, it was discovered that a comer of the property at 33 Lakeview Street, otherwise
known as Lot 2, Block B of the Lakeridge Subdivision (Eva Black Life Estate), projected slightly into the right
of way for Lakeshore Drive. Access to the property has traditionally been through Lot 1 (182 N. Lakeshore Dr.)
rather than Lakeview St. Reconstruction of Lakeshore Dr. will eliminate this point of access due to an elevation
change.
Approved on Consent. Motion carried 5-0.
Commissioner Keller. seconded bv Commissioner Anderson. moved to approve
the Consent Aaenda Items #1 throuah #6 as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS
7. App~ovalof fi~aIR~solutionf~rt~e:FireA.s~essm~.~t F.~eT.. (Advertised in the Orlando Sentinel
Classified Legal onTuesday, March 25, 2008). (Assistant City Mana,ger Croteau)
The fmal steps in implementing the fIre assessment fee are for the City to adopt the final fIre assessment fee
resolution. Upon adoption the City needs only to certify the assessment roll to the Tax Collector by September
15,2008, before the assessment appears on the November 2008 tax bill.
City Attorney Rosenthal read the title ofthe resolution.
Assistant City Manager Croteau gave a summary of the implementation process.
City Attorney Rosenthal introduced the following documents into the record:
1) The City of Ocoee Fire Assessment Memorandum, dated November 2007, updated
March 2008, prepared by Government Services, Inc.
2) A certified copy of City Ordinance 2007-029, the ordinance imposing the fire assessment.
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City Commission Regular
April 15, 2008
3) A certified copy of City Resolution 2008-004, the preliminary resolution calling for the
hearing tonight.
4) The fire assessment roll
5) The City of Ocoee Fire Assessment Dispute Discrepancies/Corrections Log from phone
in calls received by the City.
6) The notice provided for written comment to be submitted to the City and a packet of
written objections received by the City.
7) The slide presentation presented by Assistant City Manager Croteau
He added that Resolution 2008-005 included the agenda packets and had minor changes to create
the final resolution: 1) any reference to "draft" has been deleted, the affidavit of mailing with
respect to the notices of this meeting has been attached, and a typographical error was corrected
on page 5.
Commissioner Johnson - read two letters in the record that he received opposing the fire fee
from; Jeff Krisan, Manager of Best Western, Marriott and Red Roof Inn and Arthur Enterprises.
Commissioner Johnson said he is against the fire fee, he feels that we need to look at where we
can make cuts in the budget process and see where we are at that point. He said the thinks the
state has done things to us that are not fair, but he feels we need to deal within by making budget
adjustment. He said everyone, especially business owners are going through difficult times and
layoffs, and we need to deal with our budget process with less money as well.
Commissioner Keller-said this is the largest response he has received on any issue in the two
years he has been in office. He said this Commission has managed to knock the millage rate
down each year and he is proud of that. He said he is still wavering on the impact that this will
have on businesses and getting new business, but feels that we need a way to protect the fire
department. He clarified that EMS expenses are not part of this assessment, only fire services on
the buildings in Ocoee. We need a fire station in District One so we are not dependant on
Winter Garden to be first responders. Winter Garden is moving their stations farther away. Your
homeowner's insurance costs depend on the proximity of the fire stations to your home. He
asked residents not just to say you are against this, but give suggestions on where you see the
City going in the future and what cuts are you willing to make to offset the lost revenue if this
fee were not adopted.
Commissioner Hood-said that he agrees we need to look at the budget, he hates to eliminate
community grants or projects. He thinks that employee cuts are not likely because we are below
the standard already. As far as the comments that we spend too much on speed bumps, he thinks
we made a good decision to go with the ones that will save more in the long run. He said some
residents complain about them and others complain that their children are in danger if they are
not installed. He said we will look at the budget, we are further along than most places locally;
you will soon be seeing Orlando and Orange County passing a fire fee, but we are not them, we
are the City of Ocoee, so we will do what we can to work on the budget.
Commissioner Anderson-said that he has been talking to staff about the proportional share of
the fee and why commercial is getting so much of the charge. He asked if the fire fee passed can
we make it part of the motion that money relieved from the general fund could only be spent for
a specific thing, such as paying debt. City Attorney Rosenthal said no, these are two separate
issues that need to be voted on separately. The fire fee is a process that has its own statutory
requirements. The budget also has a specific process you go through where you decide how to
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City Commission Regular
April 15, 2008
spend money. One commission cannot bind another as to how to spend future dollars. As a
separate item, you can express you desire with what you want to do, any action tonight could not
bind the city in that way.
Commissioner Anderson said with property tax reform, tangible tax changes, and sales tax
changes pending we are going to have a difficult time with the budget this year.
Commissioner Hood asked about voting this down as opposed to voting on a zero amount.
Assistant City Manager Croteau said if you vote it down it is gone and you may not get the
chance to ever implement it again. You can implement it with zeros in the fee schedule. Ms.
Croteau said another issue with state legislature is that they are considering capping the
revenues of municipalities at 1.37% annually. She said the Commission can also consider any
percentage level for the fire fee that is at or less that what we placed in the notice.
Commissioner Johnson said he does not think this is going to pass and he would like to vote
before we have four hours of public hearings in case that is not necessary.
Commissioner Anderson asked if this resolution is approved with a zero number, does that
prevent the state from not allowing us to implement it in the future. He also asked if we can
approve it in the budget process without the public having the opportunity to speak on the issue.
Assistant City Manager Croteau said we do not know what the State Legislature is going to
do, but you would be better off to put it in place with zeros than to vote it down. Commissioner
Anderson asked if the budget can be approved with a 40% fire fee. Ms. Croteau said no, you
would have to go through the whole notification process.
Commissioner Johnson said he would like to add that we have some of the best police and fire
departments in the State and that will not change whether or not this fee is implements.
Commissioner Hood added that they will still work hard to get a fire station in District One.
Commissioner Anderson said he doesn't know why we can't use the old one at Vignetti.
Mayor Vandergrift- said no one is safe when the state legislature is in session. He said for over
17 years he has always voted to roll back the millage, but through the infinite wisdom of
Tallahassee, our budget was cut by 2 million dollars. He added that ALS is costing another
million. Weare looking at ways to cut; it is easy for residents to look at ways they think we
should cut money when you don't always understand the whole picture. He said he does not feel
that the volunteer programs should be cut because they are worth the money spent; we get back
far more in volunteerism and save money that way. Increasing state sales tax does not help
because people will run away from state sales tax and when buying large ticket items and buy
cars in Georgia. He said the Commission is where the rubber meets the road. When residents
moved to the community, they want good services. Now the State is forcing us to figure out how
to provide the same level services with less money. We have to figure out how to do that, and
some of that may have to be passed on to residents. The State will find a ways to tax you such as
toll roads; they have more means to get revenue than cities do.
Commissioner Anderson asked if the proportional share could be changed to alleviate some of
the burden on the Commercial customers. Camille Tharpe, Government Services Group, said
those percentages represent the demand for service and you would have to stay with that to be
legally defensible. There was discussion regarding how the fire fee is charged based on the
coding that is given to their property by the property appraisers. Similar buildings in the same
area can have different coding such as commercial or industrial.
Commissioner Anderson asked if we assessed a 25% fire fee, could we roll back our budget the
same amount. City Manager Frank said that can be done, it is up to the Commission.
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City Commission Regular
April 15, 2008
Commissioner Johnson said we can have a board that would review this process. Mayor
Vandergrift asked what would be difference in the event of a legal challenge. City Attorney
Rosenthal said that you would have to prove you had a fair, accurate, and impartial study done.
Those having done the study would have to have proven credentials.
Commissioner Hood. seconded bv Commissioner Keller. moved to adopt
Resolution 2008-005 for the fire assessment fee. with the revision to Section C.
C-2 to reduce the amounts of the proposed assessments for all cateQories
(residential. commercial. industrial. institutional) to zero. No vote was taken at
this time due to public hearina and subseauent discussion.
Public Hearinf! 8:23 p.m. - 9:53 p.m.
The following residents and business owners spoke against the fire fee:
Deacon Jones, 651 Roper Parkway
Edmond Harrison, 3595 Highway 85, Laurel Hill, Florida
Bibi Khalil, 528 Canby Circle
Sean Scott, 648 Butterfly Creek Drive
Willis Adkins, 600 Center Street
Joseph Whitaker, 9601 Chase Road
Jennifer Tobin for Good Homes Plaza, 300 S. Orange Avenue, Orlando, Florida
Pam Russell, 11350 E. Colonial Drive
Harold Sherman, 1101 S. Clarke Road
Asa Waters, 704 Center Street
Robert Fulton, 671 Crooked Creek Drive
Ralph Suggs, 436 Valley View Drive, Winter Garden, Florida
Fernando Palma, 1100 Oakwood Lane
Janet Osborne, 7001 Stinnett Drive
Elizabeth Osborne, 108 Miller Court
Henry Morgan, 304 S. Lakeshore Drive
Michael Campione, 403 S. Bluford avenue
Josue Lopez, 341 Inglenook Circle, Winter Springs, Florida
Becky Adams, 304 Bay Street
Gregorio Mendez, 14213 Avonlea Court, Orlando, Florida
Jose Iglesias, 400 Misty Meadow Drive
Veronica Royce, 917 Marlene Drive
Ben Buckner, 328 Pancheo Court
Vincent Gramaglia, 501 Bridge Creek Blvd.
Carmen Ortiz, 479 Little Aspen Court
Ed Newman, 551-553 Roper Parkway
Charles Jakulewicz, 4316 Inwood Landing, Orlando, Florida
Deacon Jones, 651 Roper Parkway
Mayor Vandergrift closed the Public Hearing and advised there is a motion on the floor to
adopt Resolution 2008-005 for the fire assessment fee, with the revision to Section C, C-2 to
reduce the amounts of the proposed assessments for all categories (residential, commercial,
industrial, institutional) to zero.
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City Commission Regular
April 15, 2008
Commissioner Anderson moved to amend the motion to chan~e the assessment
fees in Section C-2 to assess a 10% Fire Fee to all cate~ories (residential,
commercial, industrial, institutional). Motion died for lack of a second.
City Attorney Rosenthal reviewed the motion on the floor was to adopt Resolution 2008-005
for the fIre assessment fee, with the revision to Section C, C-2 to reduce the amounts of the
proposed assessments for all categories (residential, commercial, industrial, institutional) to zero.
He added that also Section C-l for the projected cost would be changed to zero.
Vote was taken on the ori~inal motion as restated by City Attorney Rosenthal.
Motion carried 5-0.
8. Shoppe~at WestQaks=-P'1eHminary/Fil'lal SitePl~n. (Advertised in. the Orlando Sentinel
Orang.e Extra 01'1. Tfzursd{I)?,March20, 2.008). (principal Planner..Fabre) (Contill ued from the April
Is~ CityGolDlDis~ionM:~eting)
The subject site is approximately 8.46 acres in size and is located on the south side of W. Colonial Drive (SR
50) approximately 580 feet west of Good Homes Road and just east of Vizcaya Lake Road. The site itself is
currently undeveloped and sparsely covered with a mixture of orange trees, chinaberry trees, palms and other
varieties of trees scattered around the property. There are no wetlands on the site and the site is outside the 100-
year floodplain. The Preliminary/Final Site Plan is proposed to be constructed in four phases. Phase I is
programmed to be a one-story Grocery Store (Aldi Supermarket) consisting of 16,527 square feet. Phase II is
proposed to be a Retail Building consisting of 27,363 square feet that will be attached to the Grocery Store.
Both the Grocery Store and Retail Building will be setback from SR 50. All infrastructure needed for Phase I &
II will be developed at the same time. Phase III & IV will consist of two commercial establishments that are
proposed to front along SR 50. Both developments will be reviewed and approved as small-scale site plans. One
establishment is projected to be a 4,052 square feet [mancial bank with a drive-thru. The other is designed as a
Restaurant with a drive-thru consisting of approximately 3,870 square feet.
Principal Planner Fabre gave a PowerPoint Summary of this item.
City Attorney Rosenthal added that the document handed out this evening with additional
development agreement requirements. The changes were in item lA, dealing with the letter of
credit, it has been revised to provide for a cash escrow or a letter of credit; in item 1 B, the
amount was changed from $500,000, to "to be determined" subject to the review of staff based
on discussions with the developer. There is a draft development Agreement in the packet, these
changes will be incorporated into that agreement. His recommendation would be that the
approval would be subject to the execution of the Development Agreement by the applicant
which includes those matters in the draft Development Agreement in the agenda packet, as
modifIed by the additional Development Agreement requirements dated April 15, 2008, and the
additional changes to sections la and 1 b that were just discussed; the Development Agreement
otherwise be acceptable to the Development Services Director and the City Attorney; and the
Mayor and City Clerk be authorized to execute same.
Commissioner Anderson asked about the agreement for the cross access with the other
shopping center going in to the west in the County area.
Craig Shadrix, Development Services Director, said the Development Agreement provides for
two options and provides flexibility while they are working out the exact location of the cross
access. Staff would like to see the option where it lined up perfectly across to create the cross
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City Commission Regular
April 15, 2008
cut activity that was discussed. He said it needs to be left open ended at this time because many
things have to fall into place.
Scott Glass, Shutts and Bowan, attorney representing the Applicant, he added that it is an
FDOT road and their goal is to have a safe signalized intersection that will serve this property,
the apartments, and the church. He said they will put it where FDOT tells them to. He said the
applicant has been in negotiations with the apartments to the west and the church to the south;
we are trying to come up with a solution that will serve everyone and feels they can get it done in
24 months. He said if for any reason they can't the City will be covered because they will put
cash in the escrow account or letter of credit and it will default to the directional left.
Alan Charron, one of the Principals of the Shoppes of West Oaks, said this is a nice project
that they have been working on for a few years. It will fit in well with the community. He said
they have been working with the church on an access agreement for quite some time and they are
working with the apartment complex as well. He looks forward to getting this off the ground.
Mayor Vandergrift opened the Public Hearing.
Harry Kay, owner of the adjacent property, Bart Saunders, with Sanders and Sanders Real
Estate, representing the adjacent property owner, and Robby Joshi, Architect for the project all
spoke against the approval of the property based on the cross access agreement not being
favorable to the development of their project. They advised this would kill their entire project
based on the limited access to the front of their stores. They asked that the project be denied or
tabled until a cross access agreement could be reached with Orange County.
There was discussion regarding this adjacent development coming into County jurisdiction, with
no planned road improvements to keep the road impact fees that the County will receive in that
immediate area. It is in the city's IP A and we will have the burden of the additional traffic.
Commissioner Anderson stated if the development would have annexed into the City, it would
have been done differently. City Attorney Rosenthal pointed out that a condition of approval in
the site plan addressing cross access to the east and west requires that the owner grant a cross
access easement benefitting the lands to the east in exchange for the owner thereof granting a
similar easement that benefits the property, and the form of that particular cross access easement
is subject to the approval of the city and is also required to include any necessary construction
easements. The location is shown on the plan. A question that came up in the DRC meeting
from the applicant was if this requirement meant the city would require that they fund 100% of
the construction of a roadway entrance on their property and then allow someone else to connect
without any monetary reimbursement. The response was no, that was not the requirement of the
City and we would look at that in reviewing whatever equities were involved with a connection
to the cross access easement. We have a more than sufficient condition of approval to assure that
if there is a proposal that is acceptable to the City or County with respect to the property to the
east, the City has the ability to require that this particular project go along with it.
Commissioner Anderson asked the Mr. Kay what improvements they are doing to Good Homes
Road or any traffic in that area and he said that road improvements that were planned by FDOT
in that area. Mayor Vandergrift asked if there has been a meeting of the minds with what is
needed by both developers. Mr. Glass said that the condition of approval in the Development
Agreement is that we provide cross access as long as they provide reciprocal cross access and his
clients have been willing to meet with them on this; they do not want to hold up the site plan any
further while those details are being worked out. He added they adjacent property owners don't
like where the cross access is located, but they are willing to work with them, FDOT, and
whomever they need to work with.
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City Commission Regular
April 15, 2008
Mr. Kay said they had an agreement in place for a while but Shoppes at West Oaks pulled out at
the last minute. Mr. Charron said that he dealt for a long time with the previous owner not
knowing this property was getting ready to be sold because they did not disclose that it was
under contract.
Mr. Joshi, architect for the adjacent property questioned if the City of Ocoee has evaluated the
ability of fire trucks to maneuver through both properties for safety issues. It was confirmed that
the Fire Department had already reviewed and approved the site plan as presented.
Chris Blurton, of Interplan Orlando LLC, Engineers and Landscape Architects for the Shoppes
at West Oaks, said they have been given two or three different layouts for the adjacent property
and it doesn't appear that they know for sure where they want their driveway. He said that
Shoppes at West Oaks is further along, and it will be more beneficial to the City.
Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson, seconded by Commissioner Johnson, moved to
approve the preliminary/final subdivision plan for Shoppes of West Oaks with
staff recommendations for the second option: subiect to the execution of the
Development Aareement by the applicant which includes those matters in the
draft Development Aareement in the aaenda packet, as modified by the additional
Development Aareement reauirements dated April 15, 2008, and the additional
chanaes to sections 1a and 1b that were previously discussed: and subiect to the
Development Aareement beina otherwise acceptable to the Development
Services Director and the City Attorney: and to include additional staff comments
from plannina and enaineerina in the staff report: and the Mayor and City Clerk
be authorized to execute same: Motion carried 5-0.
Or~~ge. Coun~()coee T~~.~~o~~~~~c~ti~~'folter.-~pe~illl Ex~~ptio~. (Advert~ed in the
Orlando Sentinel OrangS:' Extf.llonThur~iJ.ay,/~arch:.20, ..2008). (Pri]1cipal.Planner\..Fabre)
(Continued from the April 1st City Commission Meeting)
The subject site is approximately 7.64 acres in size and is located on the south side of (475) West Story Road.
The actual lattice tower will occupy a small portion (75 feet by 75 feet) of the site located on the southwest
comer. The property itself is currently the location ofthe Orange County Services Building and accessory uses.
Orange County Public Safety Communications has proposed a telecommunications facility utilizing a 280 feet
high lattice tower. The Future Land Use classification for this entire property is "Public FacilitieslInstitutional";
current Zoning classification is General Commercial (C-3). The property is also located in Area Three as
designated on the (Map 5-19) Telecommunications Service Facility Location Map. The proposed use of a
Telecommunications Service Facility utilizing a lattice tower requires the applicant (Orange County BCC) to
submit a Special Exception application with corresponding Site Plan. The proposed Special Exception location
under Section 5-19 is consistent with the Future Land Use Element of the Ocoee Comprehensive Plan.
Principal Planner Fabre gave a summary the Telecommunication Tower item and request for
Special Exception and waivers being requested. He said that based on the recommendation of
the DRC and Planning & Zoning Commission, staff recommends that the Mayor and City
Commissioners approve the Orange County Special Exception for the Ocoee
Telecommunications Service Facility utilizing a lattice tower located in Area Three of the
(Map 5-19) Telecommunications Service Facilities Location Map, subject to approving the
height Waiver request, deleting the decorative fence and landscaping around the perimeter of
the fence.
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City Commission Regular
April 15, 2008
Mayor Vandergrift opened the public Hearing.
Mike Hicks, from 400 East Elm Street, representing Orange County 911 Center, said they are
here to thank the City and to get the tower installed to improve police communications for public
safety.
Commissioner Anderson asked about the light. They advised there would be a flashing red
light at the top.
Commissioner Johnson inquired as to whether it would interfere with the Auto Auctions phone
and radio communications, and it was advised that it would not because it is a different
frequency.
Mayor Vandergrift closed the Public Hearing.
Commissioner Hood, seconded by Commissioner Keller moved to approve the
Orange County Ocoee Telecommunication Tower Special Exception as
presented. Motion carried 5-0.
I G. REGULAR AGENDA
10. Request for Redllcti~n of Fille and Release ofLienJor Code F:nforcement Board Ca.se
No. Q7-174, Robin Osman and :palmai\.rge.ntina. (Building Official Jones)
On August 9, 2007, Code Enforcement Officer Carmen Delgado observed violations of city code on the
property located at 1100 Oakwood Lane, Ocoee, Florida. The violations observed were dirty swimming pool
water and misc. trash/debris. A Notice of Code Violation and a Notice of Hearing were sent to the property
owner, Robin Osman and Palma Argentina, on August 9, 2007, to appear at the Code Enforcement Board on
September 25,2007. A Compliance Order was issued by the Code Enforcement Board giving the Respondent
until October 8, 2007, to comply or pay a fme of $100.00 per day until the property was brought into
compliance. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on October
23, 2007. The fine accrued daily until the property was re-inspected on November 2, 2007, and found in
compliance. The total amount of the fme is $2,400.00.
Commissioner Anderson said he has talked to Building Official Jones and staff, there was a lot
of misunderstanding and therefore he would like to reduce the fine.
Commissioner Anderson. seconded by Commissioner Hood. moved to reduce the
lien to $500. payable in 60 days. Motion carried 5-0.
11. EleCtion of Mayor Pro Tern: (City Clerk}:ikenberry)
Commissioner Keller. seconded by Commissioner Johnson. moved to elect
Commissioner Hood as Mayor Pro Tem for the next year. Motion carried 5-0.
I H. STAFF REPORTS
City Manager Frank reminded everyone the Charter School Workshop is taking place on April
17, 2008, at 6:30 p.m. The consultant will be present.
Page 10 of 11
City Commission Regular
April 15, 2008
I I. COMMENTS FROM COMMISSIONERS
Commissioner Keller - - 1) said the High School Musical will be at the Ocoee High School on
April 22 - 29,2008,2) there was a settlement to the lawsuit regarding the Wekiva Relief School,
the judge ruled in the School Boards favor so the kids will have to go to Wekiva. Mayor
Vandergrift asked him if he could get a copy of the report.
Commissioner Johnson - reiterated that he is NOT going to be a Code Enforcement Officer for
the City.
Commissioner Hood 1) gave an update of sports teams at Ocoee High School, 2) expressed his
disappointment with the budget cuts to the schools because the kids are suffering for it.
Mayor Vandergrift 1) there was a Heritage Festival this past weekend at Ocoee High School
which had schools from all over US 2) Two hundred of our kids went to Virginia to compete in
singing and did very well.
Commissioner Anderson - asked if City Attorney Rosenthal could look into the franchise
agreement with the cable company because the government television channel can no longer be
picked up with basic cable, you have to have digital. He would also like to look at getting on
satellite television. City Manager Frank said we looked at that extensively a year ago, and it
cannot be done, unless he is aware of someone else who can assist with that process. City
Attorney Rosenthal said the laws have dramatically changed with cable franchises, they can do
away with the government channel all together. Commissioner Hood suggested they also look
into having their own radio or television station. 2) said the City is having the POWR landscape
seminar this Saturday, May 3, 2007. 3) reminded everyone of the Lions Club Annual Golf
Tournament on May 3rd at Forest Lake Golf club; they are looking for foursomes and hole
sponsors, 4) said the County is having a collection of Hazardous and Electronic waste and he
would like to see it put on our website because the City does not collect these types of items.
Mayor Vandergrift said a US Senator was here before and it was discussed that cable has to
give government access television, but line of sight television and satellite does not. The Senator
was going to look into it for him, but never got back to him, 2) need to monitor Ocoee Television
over the weekend, the sound was very bad this weekend. 3) You have 20 minutes left to pay your
Income Taxes!
I ADJOURNMENT
The meeting adjourned at 11 :40 p.m.
Beth Eikenberry, CMC, City Clerk
S. Scott Vandergrift, Mayor
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