11-16-10 MINUTES
OCOEE CITY COMMISSION
November 16, 2010, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Lester Dabbs gave the invocation, followed by the Pledge of Allegiance
to the Flag, led by Mayor Vandergrift. City Clerk Eikenberry called roll and declared a
quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentation by Historical Commission Regarding Recently Published Book on History of
Ocoee — Alitia Huff Mikiten and Sherrall Applegate. A video on the Maguire House was
shared with the audience and Commission. Ms. Mikiten stated they were recipient of MVP
Grant from Ocoee to put forward the production of the video tour of the second floor of the
Maguire House Museum for their ADA compliance. Ms. Applegate thanked the City for their
support on their newly released book she stated they are very proud to announce that after much
diligent work they were able to publish a comprehensive history of Ocoee. She further honored
Nancy Maguire for her vision and part in making this book happen. The book is $20 and will be
sold starting tonight but can also be purchased at the Farmer's Market or at the Maguire House
on the weekends during their tours. Mayor Vandergrift stated that he is liaison for the
Historical Commission and one of the things they were looking for is outlets to send residents
too so they can purchase this book. He inquired with Cathy Sills at the water counter and the
City Manager regarding the selling of the book at the water counter or City Clerk's office but
was told it should be brought before the Commission for discussion and approval. So he is
looking to seek permission to have an access point on where people can pick up their book. City
Clerk Eikenberry advised the Mayor that the water counter is the only counter that can collect
money but the books can be kept in the Clerk's office if needed.
Mayor Vandergrift, seconded by Commissioner Hood, moved to have the water
counter as an outlet for purchasing the history on Ocoee book from the Historical
Commission. Motion carried 5 -0.
Presentation by the American Legion Post 109 - J. Lester Dabbs Jr.
Mr. Dabbs stated that those who attended the Veteran's Day Ceremony would have heard the
Mayor announce that American Legion Post 109 was going to be renamed the Thomas C.
Sanders Memorial Post. They are going to plan an event after the first of the year in which they
are hopeful that the Mayor will present a proclamation for Thomas C. Sanders Day. Mr. Dabbs
advised that he is asking for ideas on what type of program they would like because he would
like for the Commission to be a part of this event. They are not asking for funds. Mayor
Vandergrift stated he had spoken with Lester Dabbs about putting a plaque up at the Ison Center
in honor of Tommie Sanders.
City Commission Regular
November 16, 2010
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to have a plaque
put up at the Ison Center in honor of Thomas C. Sanders. Motion carried 5 -0.
Item #8 was heard at this time. See details under item.
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced they have an Emergency Item for the approval of the road
closure for the Ocoee Lion's Club Christmas Parade.
Emergency Item - Special Event Request for Road Closing of Ocoee Lions Club Christmas
Parade. (Building Official Washington)
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
Emergency Item - Special Events Permit for Road Closing for the Lions Club
Christmas Parade. Motion carried 5 -0.
City Manager Frank further announced they have a corrected draft ordinance for item #4 and a
revised developer's agreement for Item # 5 in front of them for review.
He stated they should also have an e -mail from David Sylvester from Health Central Hospital
asking for a letter of support from the City to allow them to move some beds from their facility
in Winter Garden to Ocoee.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve for the
Manor to sign a letter of support for the Certificate of Need application for Health
Central. Motion carried 5 -0.
City Manager Frank announced the National League of Cities has asked that they appoint a
voting delegate for the 2010 Congress of Cities in Denver. He further stated he understands that
Commissioner Keller and Johnson will both be attending this conference. Consensus,
without objection, was to appoint Commissioner Keller as voting delegate for the
2010 Congress of Cities in Denver. Motion carried 5 -0.
City Manager Frank announced that the next movie in the park will be held on Saturday,
November 20 at Bill Breeze Park. The movie featured is "Karate Kid" and will start at 7pm
with admission being free.
The Parks and Recreation Advisory Board is sponsoring its Annual Lighting Contest and is
encouraging resident to get in the holiday spirits and light up Ocoee. Nomination forms for the
contest are available at City Hall, Jim Beech Recreation Center, Parks and Recreation Office in
the Community Center, and on -line at www.ocoee.org.
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November 16, 2010
The non - motorized boat launch has been constructed at Central Park and the new basketball
court at Tiger Minor Park is under construction and they will be looking for proposals for
installing lights at this facility. He also stated lights at the tennis courts are up and the wiring
connections should be completed this week.
Mayor Vandergrift inquired about the rocks at Central Park and if they have come up with a
solution for holding them down since they are being used for vandalizing the park. Parks and
Recreation Director Hayes stated that has been taken care of and they have poured a concrete
path that extends down to the waterline and will eliminate the rocks.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — 1) stated he missed the last meeting due to checking in on the polls in
his district. He stated they had a few problems at their polling location which required several
voters to have to put their ballots in a ballot box. He further stated he was wondering if there
was some way they could put an extra machine out in that location as a back -up. Mayor
Vandergrift inquired if the city could draft a letter to express their concerns regarding the issues
at the polls. Commissioner Keller also added that he would like it if they swapped the districts
voting machines at the Jim Beech Center because District 1 is a walk - in/walk -out vote where
District 4 tends to have a line out the door. He stated the swapping of the districts would
maintain the line indoor verses having the residents standing outside. It was consensus.
without objection, to draft a letter to the Supervisor of Elections Office expressing
the Citv's concerns and issues at the polls. City Clerk Eikenberry stated the
Supervisor of Elections Office usually has a post election meeting and she will bring up those
concerns for them. 2) he congratulated all the winners in the election and expressed his
condolences to those who lost and thanked them all for getting involved in making this country a
better place.
Commissioner Johnson — announced Founder's Day was a week and a half ago and thanked
everyone who helped. He would like to recognize the efforts of those that volunteered at a later
meeting. They will be having a Founder's Day meeting next week and will bring back a report
to the Commission on how everything turned out.
Commissioner Wilsen — 1) stated she agrees with Commissioner Johnson that Founder's Day
was a great event and everyone did a great job. 2) announced the Parks and Recreation Advisory
Board has two openings for anyone that has an interest in being involved with their many events.
Commissioner Hood — 1) congratulated Ocoee Pop Warner Football Senior Midgets for their
win of the semi - finals this past weekend in Jacksonville. They will play for State Championship
at St. Cloud and the information on date /time can be found on their website. 2) thanked Steve
Marbais for the car show at Founder's Day. The quality of the vehicles this year was
outstanding.
Mayor Vandergrift — 1) stated he also would like to congratulate the car show because he too
was very impressed with their vehicles. 2) congratulated all those involved with the Founder's
Day and would like to be informed when they are having their meeting because he has a few
suggestions. Commissioner Johnson advised that they are posting the meetings.
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November 16, 2010
F. CONSENT AGENDA
Consent Agenda Vote:
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Consent Agenda Items #1 through #3. Motion carried.5 -0.
1. Approval of Minutes for Regular Commission Meeting Held November 2, 2010. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Approval of Suntree Technologies Baffle Box — Prima Vista, Sabinal Street Drainage
Improvements. (Public Works Director Krug)
The Prima Vista neighborhood storm drainage flows to the south east at the intersection of Sabinal Street and
Gallego Avenue. The Stormwater Division performed a drainage study of the occasional flooding in this area and
produced an in -house designed solution that has been approved by SJRWMD. Part of the design is providing a
baffle box treatment system for the stormwater discharging from the subdivision before it enters the drainage canal
north of the Cemetery. The existing drainage does not provide any stormwater treatment as it crosses Geneva Street
and discharges directly into the canal.
The Stormwater Division reviewed baffle box designs from several vendors, each with a proprietary design that
address a specific need in a specific situation. This review process also involved field inspections of existing baffle
systems used by other municipalities and their level of product satisfaction. Following a thorough review, it was
determined that Suntree Technologies' baffle box design met the project requirements to collect debris, separate
nutrients and skim oils from the water. Suntree has a proven history of providing successful proprietary designs that
are easily maintained and adhere to the NPDES requirements by the EPA. Public Works is requesting the
Commission approve the purchase of the baffle box system from Suntree in order to expedite the construction
process. The installation and additional drainage improvements will be contracted out under a competitive bidding
process. Public Works recommends awarding a purchase order to Suntree Technologies, Inc. for the proprietary 8'
x 8.5' x 14' baffle box for a total delivered cost of $42,070.00. The $42,070.00 is adequately funded in the
Stormwater Division's CIP budget for the drainage improvements.
Approved on Consent. Motion carried 5 -0.
3. Approval of City of Ocoee v. Irwin Family Partnership, et al.: Parcels 105 and 802 -
Mediated Settlement. (Assistant City Attorney Solik)
Parcels 105 and 802 are part of the Maguire Road Phase V Project. Parcel 105 is a strip taking along the east side of
Maguire Road. Parcel 802 is a drainage easement on the property. Approval of the Mediated Settlement Agreement
will require the payment of $182,500.00 by the City.
Approved on Consent. Motion carried 5 -0.
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November 16, 2010
G. FIRST READING OF ORDINANCE
4. First Reading of Ordinance Creating a New Chapter 45 of the Code of Ordinances of
the City of Ocoee Relating to Trees on Private Residential Properties within the City.
(Second Reading and Public Hearing is scheduled for December 7, 2010, Regular Commission Meeting at 7:15
p.m. or soon thereafter). (City Planner Rumer)
Following a number of discussions with the City Commission, staff has prepared an ordinance that implements a
tree protection program for existing single - family properties. The creation of Chapter 45 essentially fills a void with
respect to tree removal for existing single - family properties. Exhibit A to the ordinance provides for (i) a minimum
number of three (3) trees with no standard for location, (ii) provides for five (5) exemptions; (iii) provides an appeal
process; (iv) provides standards for tree maintenance.
City Attorney Rosenthal read the title of the Ordinance.
Mayor Vandergrift stated the second reading and Public Hearing will be heard on December 7,
2010, at 7:15 p.m. or soon thereafter.
Commissioner Keller stated he still has some issues with the ordinance in regards to the same
number of trees being allowed no matter the acreage. Mayor Vandergrift advised he meet
with staff prior to the second reading and Public Hearing.
H. PUBLIC HEARINGS - SECOND READING OF ORDINANCES
5. Villages of Wesmere. (Rezoning Ordinance - Advertised in the Orlando Sentinel on Thursday, November
4, 2010). (City Planner Rumer)
The Villages of Wesmere townhome development was approved by the City Commission in 2006. The development
was approved for 369 townhome units on 49.48 acres at a density of 7.46 units per acre. Since the approval, demand
has fallen considerably for townhome units and only a handful of the approved units have been constructed in the
southern half of the development. Recently the City received a request to rezone the northern portion of the
development, approximately 40.60 acres to PUD (Planned Unit Development) to allow the construction of 178
single - family detached units in place of a portion of the approved townhome units.
a. Planned Unit Development Rezoning Ordinance
b. Land Use Plan
City Attorney Rosenthal read the title of the ordinance.
City Planner Rumer gave a brief overview of the proposed rezoning of the property known as
the Villages of Wesmere. The Villages of Wesmere townhome development was approved by
the City Commission in 2006. The development was approved for 369 townhome units. The
applicant is requesting to rezone the northern portion to allow the construction of 178 single -
family detach units in place of a portion of the approved townhome units.
The Land Use Plan that was submitted proposes 40 -foot wide by 80 -foot deep (3,200 square
foot) lots in a Traditional Neighborhood Design (TND). During the review process, staff
suggested the applicant include alleyways as a way to enhance the 40 -foot wide lots which
would ultimately give it more of a TND feel. He also mentioned that on September 2nd the
applicant hosted a Community Meeting which several of the surrounding HOA's as well as
residents of the existing townhomes were invited to attend.
The Public Hearing was opened.
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Jim Hall, VHB Engineering, stated they concur with all of staff's conditions and they have
worked really well with them.
The Public Hearing was closed.
Commissioner Johnson, seconded by Commissioner Hood, moved to adopt on
second reading, Ordinance No. 2010 -036, changing the zoning classification from
Ocoee "R -3" Zoning, Multi Family Dwelling District, to Ocoee "PUD" Zoning,
Planned Unit Development on certain real property containing approximately
40.60 acres located east of and adjacent to Maguire Road and south of and
adjacent to Tomvn Boulevard subject to execution of a Development Agreement,
as recommended by staff. Motion carried 4 -0 with Commissioner Wilsen away
from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-036
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE "R -3" ZONING, MULTI FAMILY DWELLING
DISTRICT, TO OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT, ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 40.60 ACRES
LOCATED EAST OF AND ADJACENT TO MAGUIRE ROAD AND SOUTH OF AND
ADJACENT TO TOMYN BOULEVARD, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR
AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
C. Development Agreement (Not a Public Hearing)
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
the Development Agreement with the conditions of approval as recommend by
staff. Motion carried 5 -0.
6. Fountains West Planned Unit Development. (Rezoning Ordinance and Substantial Amendment to
PUD - Advertised in the Orlando Sentinel on Thursday, November 4, 2010). (City Planner Rumer)
The Fountains West PUD was approved by the City Commission on December 19, 2006. The PUD was approved
with a total of 8 lots. The PUD is the site of a commercial shopping center containing a Publix grocery store and two
banks that are situated on outparcels. The remaining lots are currently undeveloped. The applicant is requesting a
Substantial Amendment to remove Lot 7 from the boundaries of the PUD. The applicant intends to include the
boundaries of Lot 7 in a new three lot commercial subdivision that will be developed at the southeast corner of the
intersection of Ocoee - Apopka Road and West Road. Per the Land Development Code, a Substantial Amendment to
a PUD is required when the Conditions of Approval to the accompanying Development Agreement are required to
be modified. Several of the Conditions of Approval refer to Lot 7, thus the need for the Substantial Amendment.
City Attorney Rosenthal read the title of the ordinance.
City Planner Rumer gave a brief overview of the project. The PUD Substantial Amendment
will be the removal of Lot 7. This lot will be joined with a piece of property to the south that will
be combined to create a three lot subdivision. The property will then be rezoned to "C -2" which
is consistent with the surrounding area.
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The Public Hearing was opened.
Thomas Skelton was present to represent the developer.
The Public Hearing was closed.
a. Substantial Amendment to the PUD
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
the Ordinance 2010 -037 Substantial Amendment to the PUD per staffs
recommendation. Motion carried 5 -0.
b. First Amendment to the Development Agreement (Not a Public Hearing)
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the First Amendment to the Development Agreement per staffs recommendation.
Motion carried 5 -0.
c. Rezoning Ordinance
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Hood, seconded by Commissioner Wilsen, moved to adopt on
second reading, Ordinance No. 2010 -038, changing the zoning classification from
Ocoee "PUD" zoning, Planned Unit Development District To Ocoee "C -2" Zoning,
Community Commercial District, for certain real property located south of and
adjacent to West Road and east of and adjacent to Ocoee - Apopka road, as
recommended by staff. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-038
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT
DISTRICT TO OCOEE "C -2" ZONING, COMMUNITY COMMERCIAL DISTRICT,
FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO WEST
ROAD AND EAST OF AND ADJACENT TO OCOEE- APOPKA ROAD, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH
ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND
THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
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November 16, 2010
I. PUBLIC HEARINGS
7. West Road Commercial Subdivision — Preliminary/Final Subdivision Plan. (Advertised in
the Orlando Sentinel on Thursday, November 4, 2010). (City Planner Rumer)
The Preliminary/Final Subdivision Plan for the West Road Commercial Subdivision proposes the construction of
infrastructure for a three lot commercial subdivision. The total acreage is 9.3 acres. Lot 1 is proposed at 2.12 acres
and has frontage along West Road and Ocoee - Apopka Road. A Walgreens drug store is proposed for construction
on Lot 1. The Walgreens is a Small -Scale site plan and is currently being reviewed by staff. Since it is a Small -Scale
Site Plan, it is not required to be presented to the Planning & Zoning Commission or City Commission for final
approval. Lot 2 is proposed at 1.02 acres, and Lot 3 is proposed at 1.07 acres. Lots 2 and 3 have frontage along
Ocoee - Apopka Road. The subdivision will be accessed via a full access point adjacent to the southernmost portion
of the development on Ocoee - Apopka Road. Additionally, a right - in/right -out between Lots 1 and 2 on Ocoee -
Apopka Road, and a right - in/right -out on the easternmost portion of Lot 1 on West Road will be provided for access.
A cross - access easement will be provided across all three lots. Stormwater will be contained within a master
stormwater pond.
City Planner Rumer gave brief description of the property and planned development.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Keller stated he would like to see 8ft. sidewalks because it is close to a school.
A brief discussion ensued on sidewalks.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
the West Road Commercial Subdivision Preliminary /Final Subdivision Plan per
staffs recommendation. Motion carried 5 -0.
8. Approval of Resolution for Water and Sewer System Refunding Revenue Note, Series
2010. (Advertised in the Orlando Sentinel on Thursday, November 4, 2010). (Finance Director
Horton)
The City currently has outstanding $2,025,000 of the Water and Sewer Revenue Bonds, Series 1997. These bonds
have interest rates ranging from 5.20% to 5.625% maturing annually through October 1, 2016. City Staff and the
City's Financial Advisor ( "First Southwest ") have continued to monitor the Series 1997 bonds for potential savings
through refmancing, and based on current market rates these bonds are attractive refinancing candidates.
Staff recommends the Commission approve the resolution authorizing a) the refunding of the Water and Sewer
System Refunding Revenue Note — Series 2008 (up to $2,200,000), b) the Mayor and the City Manager to lock in
debt service saving once the target threshold has been achieved, and c) the Mayor and staff to execute all documents
necessary to complete the transaction.
City Attorney Rosenthal read the title of the resolution.
Finance Director Horton gave a brief overview of the Water and Sewer System Refunding
Revenue Note, Series 2010. She further stated that staff recommends the Commission approve
the resolution authorizing a) the refunding of the 1997 Water and Sewer System Bonds (up to
$2,200,000), b) the Mayor and the City Manager to lock in debt service saving once the target
threshold has been achieved, and c) the Mayor and staff to execute all documents necessary to
complete the transaction.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the Resolution 2010 -016 for Water and Sewer System Refunding Revenue Note
Series 2010 per staffs recommendation. Motion carried 5 -0.
The resolution as adopted carries the following title:
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City Commission Regular
November 16, 2010
RESOLUTION NO. 2010-016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,
PROVIDING FOR THE CURRENT REFUNDING OF A PORTION OF THE CITY'S
WATER AND SEWER SYSTEM IMPROVEMENT REVENUE BONDS, SERIES 1997;
AUTHORIZING THE ISSUANCE BY THE CITY OF ITS WATER AND SEWER
SYSTEM REFUNDING REVENUE NOTE, SERIES 2010 IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $2,200,000 TO FINANCE THE COST
THEREOF; PLEDGING NET REVENUES OF THE SYSTEM TO SECURE PAYMENT
OF THE PRINCIPAL OF AND INTEREST ON SUCH SERIES 2010 NOTE ON PARITY
WITH THE CITY'S OUTSTANDING SERIES 2003 BONDS AND THE CITY'S
OUTSTANDING SERIES 2008 NOTE; AUTHORIZING THE EXECUTION OF AN
ESCROW DEPOSIT AGREEMENT; MAKING CERTAIN COVENANTS AND
AGREEMENTS FOR THE BENEFIT OF THE OWNERS OF THE SERIES 2010 NOTE;
DESIGNATING THE SERIES 2010 NOTE FOR EXEMPTION FOR CERTAIN TAX -
EXEMPT OBLIGATIONS CONTAINED IN SECTION 265(B) OF THE INTERNAL
REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR SEVERABILITY OF
INVALID PROVISIONS; DELEGATING THE AWARD OF THE SALE OF THE SERIES
2010 NOTE TO THE MAYOR AND THE CITY MANAGER; PROVIDING FOR THE
REPEAL OF ANY RESOLUTIONS IN CONFLICT WITH THE PROVISIONS OF THIS
SUPPLEMENTAL 2010 RESOLUTION; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
J. REGULAR AGENDA
9. Classic Smiles. (City Planner Rumer)
The applicant has submitted a Small -Scale Site Plan in order to permit a dentist office with an associated
commercial office space that will be available for lease. Since this site plan is Small - Scale, it is being reviewed by
staff administratively and is not required to be presented to the City Commission for final approval. The applicant
has requested four waivers from the provisions of the Land Development Code to assist in project design. These
waivers can only be approved by the City Commission.
a. Waivers
b. Development and Easement Agreement
City Planner Rumer stated the applicant is asking for the following waivers:
1) Waiver to Section 6.14(1)(a)(1) of the Land Development Code. This section of the Land
Development Code requires a maximum building setback of 100 -feet from a public right -of-
way. The applicant is requesting a waiver to this requirement to allow a setback of 130 -feet
from Maguire Road to accommodate a cross - access drive aisle to the adjacent City re -use
plant. This cross - access drive was requested by the City during the review of the site plan
to allow access to the reuse plant that is located to the south of the property.
2) Waiver to Section 6.14(2)(d)(1) of the Land Development Code. This section of the Land
Development Code requires 1 tree per 4 parking spaces, or 7 trees. The applicant is
requesting this waiver to allow two trees in the parking area. An evaluation of the site plan
and a visit to the site reveals it to too be compact and unable to accommodate the requisite
amount of trees per the Land Development Code.
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3) Waiver to Section 6.14(2)(a)(2) of the Land Development Code. This section of the Land
Development Code requires 1 tree to be provided per 30 -feet of building perimeter. The
applicant is requesting this waiver to allow 1 tree per 55 -feet of building perimeter. The
required 1 tree per 30 -feet of building perimeter could not be provided around the entire
building or elsewhere on site due to the compact size of the site.
4) Waiver to Section 6.14(1)(e)(3) of the Land Development Code. This section of the Land
Development Code requires cross - access to adjacent parcels. The applicant is requesting a
waiver in order to remove the requirement for cross - access to the adjacent lot to the north.
This lot is currently residential and a cross - access drive is not necessary at this time to
connect a professional office to a single - family residence. If the lot ever develops into a
commercial use, at that time cross - access would be required to be provided by the two
property owners.
Staff has determined the project will be compatible with surrounding developments in the area if
the waivers are granted.
Commissioner Johnson suggested to staff that if possible he would like to see these types of
items given to them ahead of time so they can review it prior to the Commission meetings.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve all
four waiver requests and the Development and Easement Agreement per staff
recommendation.
Solange Dao, Engineer for the project, explained the reasons for the tree waivers. She stated
that there are fewer trees because the site is small and it was not connected to the south parcel,
which is the city's reuse station. The city asked them to connect the driveway and doing that
caused them to lose parking spaces, which needed to be relocated somewhere else. She stated
the city advised them they would support waivers regarding trees to get the driveway put in
place. Commissioner Hood stated he was not aware of that and he agrees with the driveway
being placed there. There was further discussion about the Commission benefitting from having
such information prior to the Commission Meetings.
After a brief discussion motion carried 5 -0
Consensus of the Commission, without objection, was for staff to look into a new
written policy allowing district commissioners to view and be informed of
projects prior to coming before the Commission.
City Manager Frank said they will probably tie that policy into the online system that will be
going live soon, where anyone can check on the status of projects.
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November 16, 2010
10. Resolution Supporting Repeal of Portions of Senate Bill 550 Relating to Septic Tanks
and Septic Tank Service Mandates in Certain Areas of the State of Florida. (Mayor
Vandergrift)
Senate Bill 550 became effective on June 4, 2010, which law directs the Florida Department of Health to create and
administer a state -wide five -year cycle septic tank evaluation program. Ocoee residents with septic tanks could be
forced to have their septic tanks inspected and periodically pumped out at a minimum of every five years with all
costs of such inspections and pump -outs borne by the property owner. Additionally, the Bill calls for the
replacement of entire septic tank systems, including drain fields, if the systems do not meet an established state -wide
standard, regardless of whether it is functioning satisfactorily or not, and whether or not it poses a threat the public
health or safety.
City Attorney Rosenthal read the title of the resolution.
Mayor Vandergrift explained what the state is trying to mandate.
Mayor Vandergrift, seconded by Commissioner Keller, moved to approve
Resolution 2010 -017 Supporting Repeal of Portions of Senate Bill 550 Relating to
Septic Tanks and Septic Tank Service Mandates in Certain Areas of the State of
Florida. Motion carried 4 -0 with Commissioner Johnson away from the dais.
Commissioner Johnson later stated he would like to go on record being opposed
to this item.
The resolution as adopted carries the following title:
RESOLUTION NO. 2010-017
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, SUPPORTING THE REPEAL
OF PORTIONS OF SENATE BILL 550 RELATING TO SEPTIC TANKS AND SEPTIC
TANK SERVICE MANDATES IN CERTAIN AREAS OF THE STATE OF FLORIDA;
AND PROVIDING AN EFFECTIVE DATE.
K. STAFF ACTION ITEMS - None
L. COMMENTS FROM COMMISSIONERS
City Manager Frank announced the promotion of Mike Rumor as the City Planner who is now
in charge of all planning efforts within the City as part of the reorganization. He will be taking
over most of the duties that Craig Shadrix had before being promoted to Assistant City Manager.
Commissioner Keller — 1) stated he would like to congratulate everyone on a great job on
Founders Day. 2) EPA just passed guidelines for fresh water which may /may not include our
reuse. They might need to look at moving money in mid -year since this may have to go into
effect in 15 months to cover the unfunded Federal mandates.
Commissioner Johnson — 1) asked about the vote for the resolution to repeal Senate Bill 550
(Item #10) because he was out of the room. He said he does not feel it was fully explained to
everyone; he stated this resolution was to incorporate a system of maintenance and inspections
rather than forcing everyone to replace their system. He asked the record to state he is opposed.
2) stated he feels that some probationary full -time employees should also receive the
"appreciation pay" they approved at the last budget hearing. He stated that when he made the
motion he did not realize that some employees were only days away from reaching their
probation and he feels they should look at reconsidering probationary employees.
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City Commission Regular
November 16, 2010
Consensus of the Commission, without objection, was to have the list of all full -
time probationary employees and attached costs for appreciation pay, using the
same tier system as previously, be brought to the next meeting for consideration.
3) stated he would like to have the Parks and Recreation Department put a box out by the lake
for the collection of fees for the Bill Breeze Park area.
Consensus of the Commission, without objection, was to bring back a
recommendation from the Parks and Recreation Advisory Board regarding the
installation of a lock box at Bill Breeze Park to collect fees for parking, board
ramp, pavilions, etc.
Commissioner Wilsen nothing at this time
Commissioner Hood — inquired about a workshop for ambulance transport in the event another
hospital purchases Health Central. City Manager Frank stated that they have been checking
with Health Central but he does not know because they have not received anything definitive
from them. He stated they have discussed a few different options such as taking it in- house,
contract out a private entity, or turn it over to the county. Commissioner Keller stated he would
like the city to look into it because he keeps hearing it will probably be phased out eventually
even if the new hospital agrees to transport in the beginning. He further stated Winter Park, the
County and Apopka do their own transport and he would like us to research it as a means of
revenue. City Manager Frank stated one of the things they have to look at is that if Health
Central continues to transport, they have by State Statute this territory where they have the
certificate of public need and necessity. They have talked about purchasing one transport unit
which they would have as a back -up if they could not get Health Central there in a decent
amount of time; however, if they had decided to do all of their own ALS transport at this time, he
believes they will be the first agency within the Health Central area to do so and he is not sure
how that would work out since they would be competing with an agency that statutorily has this
response area.
Commissioner Hood asked where we are with the reclaimed water up on the north end. City
Manager Frank said we have been negotiating with the County this past week, We have had a
lot more cooperation from them, since the election of the new Mayor, than what they showed in
the past. Mayor Vandergrift said he would like to negotiate for the potable water in that area
also. Utilities Director Smith stated we would like that, but they are not going to give that up.
He added that we sent them a counterpoint to their summary last month, the biggest unresolved
issue is that the City wants them to provide additional capacity that we would need within the
city for our potable customers to remove some of our consumptive use. We believe we will see
some movement on that.
Commissioner Hood asked if we can limit the golf course use from us; Utilities Director Smith
said right now Winter Garden is meeting that obligation for us right now but as time goes on and
they increase their own reclaim we will have to start diverting some of our flows to the golf
course. Commissioner Hood asked if it can happen by Spring. City Manager Frank said there
are issues of the agreement and infrastructure that would have to be built; we may have the
agreement done by May. Mr. Smith said he feels once the agreement is executed, it would be an
18 month period. They also hope tie in the western loop and wrap some bonding money into
both projects. The county is under a timeline for consumptive Use requirement that they have to
provide reclaim to their potable customers, so they are motivated to move quickly.
Page 12 of 13
City Commission Regular
November 16, 2010
Mayor Vandergrift stated it is too bad we are losing a community hospital to a larger
conglomerate. One of the reasons they have to merge is because independent hospitals cannot
form an alliance to negotiate better deals with insurance companies, etc. We should consider
joining forces with the VA and city and keep a community hospital.
Mayor Vandergrift 1) stated it is a shame that we are losing a community hospital given the .
fact that the City is going into an alliance with other hospitals. The federal government has a law
that says that independent hospitals cannot form an alliance to negotiate with insurance
companies. The mayor wondered if Ocoee could get an alliance of its own with the Veteran
Administration and the federal government to maintain the hospital and the City as a community
type hospital. Commissioner Hood said that would be great if they could get the funding. The
mayor said that at one time there was a taxing district set up to support the hospital. City
Manager Frank added that the district is still there, but the rate is 0. The guy that cut it down
to 0 is now a state congressman. Commissioner Johnson said that was Oscar Cabot. While
attending a Veteran's Day ceremony, the mayor spoke to an aid of Corrine Brown's who said
that he would get back to the mayor about the matter. The mayor has not heard anything yet.
2) The mayor inquired if the City is going to be out $10 million in our Hwy 50 plans in the next
two years. City Manager Frank stated there is a plan / vision. He said that the commission has
talked about not widening the roadway to six lanes going through Ocoee. FDOT has $60 to 65
million slated for the project from Good Homes Road to Hwy 429. The City had submitted a
Tiger grant for something similar including `four - laving' Story Road into Main Street, and
Blackwood as an alternate route. There would be three valid routes through the City. That
could be done for about half the money. FDOT sounded interested. The City hopes to have
discussions with FDOT within the next two weeks. The city manager continued that they can
say to FDOT that they would like to expand to four lanes rather than six and do some
beautification as well. The mayor expressed concern about moving the utility poles.
Commissioner Wilsen inquired if there will be a December 21 meeting and if so, if the board
would be okay with cancelling that meeting due to the holiday season.
Commissioner Wilsen, seconded by Commissioner Keller, moved to cancel the
December 21, 2010, Regular Commission Meeting. Motion carried 5 -0.
ADJOURNMENT
The meeting was adjourned at 9:30 p.m.
APPROVED:
Attest: City of Ocoee
ti-
5,/" AL L ' //(
131& ikenberry, City Clerk S. Scott Vandergrift, Mayor
Page 13 of 13