02-05-13 MINUTES
February 5, 2013, 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. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Hood. 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 Cookson, Assistant City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Crossing Guard Appreciation Week — February 1st - 8th
Mayor Vandergrift Proclaimed February 1 St - 8th as Crossing Guard Appreciation Week.
Presentation of Rain Barrel to Chick -fil -A
Utilities Director Smith presented representatives from Chick -fil -A with a rain barrel that was
painted by art students from Ocoee High School.
Beth Ott, Representative from Chick- fil -A, said she wanted to thank the students for the rain
barrel and she will be sure they get a lunch brought out to them at the high school.
Presentation to the Saving Young Hearts Organization
Recreation Leader Mark Rollins along with Beth Ott, Representative from Chick- fil -A,
presented Martha Lopez - Anderson with a check in the amount of $873.00 as the beneficiary of
the proceeds from the Chick -fil -A 5K Run and Kids Fun Run during the Founders Day
celebration. Mr. Rollins further shared that the 3 Annual Founder's Day 5K Run and Kids Fun
run will be on November 9 They will also be opening up a spot for a new beneficiary to
receive proceeds; information will be provided on the city's website.
Martha Lopez- Anderson briefly thanked the City of Ocoee and Chick -fil -A for their continual
support. Proud to say since they were established they have been able to donate 86 AED to
schools and organizations. She further spoke in regards to some of the order programs they have
been able to offer thanks to proceeds received.
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
Assistant City Manager Shadrix made the following announcements:
1. Handgun Safety Class — Friday February 15, 2013. This is a free handgun safety class
taught by Ocoee Police Officers from 8:OOam to 1:OOpm at City Hall. Topics include
terminology, safety, loading and unloading, shooting basics, laws, use of force, concealed
City Commission Regular
February 5, 2013
weapon permits, proficiency. This class is full. If interested in future classes please
contact Sgt. Scott Nylander at 407 - 905 -3160 ext. 3015.
2. The Parks and Recreation Department will be hosting its monthly Food Truck Friday
event on Friday, February 15th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze
Park. Food trucks will be offering gourmet food and delectable treats, and the movie
"Here Comes the Boom" will be shown during the event; the movie will start at 7:30p.m.
Also, Good Luck Penny, a contemporary county band will be performing, starting at 6:00
pm. So come out and enjoy a dinner and a movie in the park.
3. According to the revised Charter the makeup of the Canvassing Board, which will meet
at the Supervisor of Election Office at 4pm on March 12 (Election Day), will be three
citizens appointed by the City Commission. The Charter is silent on how to select those
citizens so they will need direction from the Commission. Traditionally it would be the
Mayor and the Commissioners whose districts seats are not part of the election. It was
consensus that they would bring names back, from those districts seats are not part of the
election, to the next Regular Commission meeting. City Clerk Eikenberry gave the
Commission a brief timeline of the Canvassing Meeting.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood announced Spring sports has started up in the high school. He further
named a few of the sports.
Commissioner Wilsen — announced March 23 will be the 9 Annual Spring Fling and they are
looking for vendors to educate the community (not to sell items).
Commissioner Johnson — announced that Founder's Day date has been moved to November 8th
and 9 It will be the 20 Annual Founder's Day for the City. They are currently in the mist of
signing their entertainers.
Commissioner Keller March 16 will be the St. Patrick Day Chili Cook -off hosted by the
Ocoee Professional Firefighters.
Mayor Vandergrift — announced Valentine's Day will be a busy month for him since he will be
marrying people at the gazebo. He may be contacted by e -mail or call him so he can advise what
times he has available. He further shared that Emeritus Assisted Living Home will be
recognizing those that will be staying home on Valentine's Day. If anyone knows a senior citizen
who will be home alone they will send someone out to spend the day with them.
F. CONSENT AGENDA
Commissioner Hood, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #7; excluding Item #8 which is being pulled to
be heard at a future meeting and Item #9 which is being pulled to be heard for
separate consideration. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held January 15, 2013. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
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February 5, 2013
2. Appointment to the Citizen Advisory Council for Ocoee Police Department. (City Clerk
Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has seven (7) members.
One application was recently submitted by Mr. Timothy Alcuri; therefore staff recommends the City
Commission consider appointing Timothy Alcuri to the Citizen Advisory Council for Ocoee Police Department
with a term ending January 1, 2016.
Approved on Consent. Motion carried 5 -0.
3 Reappointment to the Planning and Zoning Commission. Ci Clerk Ei ek nber
Members of the Planning and Zoning Commission serve three -year terms. Currently, the Planning and Zoning
Commission consists of nine (9) members. There will be one (1) vacancy as of February 2013.
The three -year terms of Members Angel de la Portilla and Frank Morris will end February 2013. Member
Angel de la Portilla has indicated he is willing to serve another three -year term, if reappointed. From 2010-
2012, Member Angel de la Portilla has attended 11 of 18 meetings.
Member Frank Morris (District 1) has indicated he no longer wishes to serve on the Planning and Zoning
Commission, therefore, leaving one (1) vacancy. There are no applications on file for this board.
Approved on Consent. Motion carried 5 -0.
4. Approval to move an Alternate Member to a Regular Member Position. (City Clerk
Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three year terms.
Member Julius Sais (District 1) resigned from the board leaving a vacant regular member position. There is one
(1) alternate member position currently held by Keith Carrington, and there are no applications on file.
Chairman Godek recommends moving up Alternate Member Keith Carrington (District 1) to the regular
member position.
Approved on Consent. Motion carried 5 -0.
5. Approval to Piggyback Thompson Pump's GSA Contract #GS- 07F -0140V for the
Purchase of a Trailer Mounted, Vacuum - Assisted Solids Handling (Trash) Pump.
(Utilities Director Smith)
To reduce dependency on outside vendors, and further to maintain costs, Utilities is recommending the purchase
of a vacuum - assisted solids handling (trash) pump. The pump can be used for other projects as well. $35,000
was included in the FY 2013 budget for the pump; and the Department has procured a price quote from
Thompson Pumps in the amount of $32,482, utilizing their United States General Services Administration
(GSA) Contract #GS- 07F- 0140V. This contract is off of GSA Schedule #84, by which the City is in
compliance with Federal Regulations.
Approved on Consent. Motion carried 5 -0.
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6. Approval of Valley Crest Landscape Maintenance Contract, Second Extension. (Public
Works Director Krug)
The City contract with Valley Crest Landscape Maintenance for maintaining the City's landscaped areas and
roadway medians expired in September of 2012. In the same month, the Commission extended the landscape
maintenance contract through February 28, 2013, to allow the Parks & Recreation and Public Works
Departments to solicit the new landscape contract. The RFP has been advertised with submissions due on
February 12, 2013. In order to avoid any lapse in service, we are requesting a 60 day extension to the current
Valley Crest contract while the selection committee evaluates the submissions to ensure the high maintenance
standards are sustained. This will extend the Valley Crest contract to April 29, 2013, giving adequate time for
RFP evaluation, Commission award and contract transition.
Approved on Consent. Motion carried 5 -0.
7. Approval to Expend and/ or Grant Forfeiture Monies to Law Enforcement Related
Uses and Charities. (Police Chief Brown) s
Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000
pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen
(15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug
prevention, crime prevention, safe neighborhood, or school resource officer program.
The Ocoee Police Department recommends expending monies from its forfeiture fund to law enforcement
related uses as follows: $750 to its Neighborhood Restorative Justice Program; $1,000 to sponsor its Citizen
Police Academies throughout the year; $2,500 to purchase bicycle helmets to be distributed by the
Department's Crime Prevention and School Resource Officer unit to children in need; $2,500 to the Ocoee
Police Explorers; $3,000 for the City of Ocoee Annual Spring Fling event.
Because of the services they provide to the Ocoee Police Department and to the community and because
duplication of some of these programs by the Police Department is not possible, the Police Department
recommends granting monies from its forfeiture fund to the following non - profit organizations: $1,000 to
Mothers Against Drunk Driving; $1,500 to the Orange County Sexual Assault Treatment Center; $1,500 to the
Orange County Victim Services Center; $2,500 to Spouse Abuse Inc. Harbor House, the domestic violence
shelter and assistance center for Orange County; $2,500 to Lakeside Behavioral Healthcare (aka Central Florida
Crisis Intervention Team), the facility that trains our police officers how to deal with people in crisis; and
$2,500 to Crime Line, which provides crime solving tips to the law enforcement community.
Approved on Consent. Motion carried 5 -0.
8. Approval of Most Valuable Partnership Grant - `Cycle 2012- 13.(Community Relations
Manager Wright)
The Most Valuable Partnership Grants Program has been in operation for several years. The grant program
assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the
quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The
maximum matching grant award is $2,000.
Funding is not given up front, but is reimbursed the organization's g p d at t e com letion of the or anization s ro'ect. Applicants g P J PP licants fund
their improvement projects and then get a portion back, up to a maximum of $2,000.
Eight applications were received for this year's cycle. One applicant, Silver Glenn HOA, withdrew their
application. The total amount of grant monies requested from the seven qualified applicants is $12,150. There
is $10,000 funded for this year's MVP grant program.
The following is the 7 applicants: Admiral Pointe HOA; Hammocks HOA; Ocoee High Baseball; Ocoee High
Public Safety, Rotary Club of Ocoee; Sleepy Harbour and Woman's Club of Ocoee.
Seven organizations were recommended to receive grants in the amount of $10,000.
This item was pulled and will be heard at a future meeting.
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February 5, 2013
9. Approval of a Resolution to Create a Loan Program for Employees under the City
ICMA 457 Deferred Compensation Plan. (Human Resources Williford)
The City provides an ICMA 457 Deferred Compensation Plan for employees to tax defer a portion of their
salaries. This loan program would allow employees to borrow against their own money.
This item was pulled and will be heard for separate consideration.
Commissioner Johnson said this item is to approve a resolution that would create a loan
program for employees under the city's ICMA 457 Deferred Compensation Plan. He would like
to get a consensus about having all compensation plans the same as this one. Commissioner
Wilsen inquired if the other plans would allow the loan program to happen. Assistant City
Manager Shadrix answered affirmatively. Staff has checked with Principal and Great West and
they do offer a similar ability. It will be a simple plan amendment that will not cost the city
much; Principal will charge a $500 plan change fee which is a nominal fee.
Commissioner Johnson, seconded Commissioner Hood, moved to accept
approval of Resolution No. 2013 -002 to create a Loan Program for Employees
under the City ICMA 457 Deferred Compensation Plan with the condition that
Principal and Great West are on the same program. Motion carried 5 -0.
G. FIRST READING OF ORDINANCES
10. Foundation of Lights — Rezoning to PUD/Land Use Plan. (Second Reading and Public Hearing
scheduled for February 19, 2013, Re.ular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal
Planner Fabre)
The subject property is located on the north and south sides of Floral Street, east of Kissimmee Avenue, and
west of Cumberland Avenue.
The applicant/owner is requesting a "Planned Unit Development" (PUD) zoning in order to allow for the
existing Mosque expansion, daycare and health clinic. Accordingly, the applicant/owner has submitted a Land
Use Plan for the PUD rezoning. The Foundation of Lights Land Use Plan (LUP) proposes an expansion to the
existing Mosque and the Great Hall structure. The total development is proposed to be developed in two (2)
phases. Phase 1 consists of a 5,647 square feet Mosque expansion and parking area improvements. Phase 2
consists of a 4,600 square feet expansion of the existing Great Hall.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Hood announced the
second reading and public hearing will be held on February 19, 2013, at 7:15 p.m. or soon
thereafter.
H. PUBLIC HEARINGS
11. First Reading of Ordinance Regarding Land Development Code Amendment —
Engineering Standards Manual. (Second Reading and Public Hearing scheduled for February 19,
2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. Advertised in the Orlando Sentinel on
Thursday, January 24, 2013). (City Planner Rumer)
The City has implemented many procedures to help streamline development reviews and approvals. The
Engineering Standards Manual is a firm technical guideline for engineering materials' design, construction, and
layout for all improvements that shall be dedicated, owned, and or maintained by the City of Ocoee. This
manual is intended to centralize development policies and changes in requirements the City has made that is
either not referenced in the Land Development Code or is in direct conflict with the Code. This manual will
complement the Land Development Code in its direction and requirements for building facilities such as
stormwater retention, water and sewer utility installation, and paving of rights of ways and other surfaces.
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City Attorney Cookson read the title of the Ordinance. City Planner Rumer stated that he will
give the presentation at the second reading and public hearing. There was no one present wishing
to speak on the matter this evening. Mayor Pro Tem Hood announced the second reading and
public hearing will be held on February 19, 2013, at 7:15 p.m. or soon thereafter.
12. Silver Bend HOA Appeal — Quasi Judicial Hearing. (Advertised in the West Orange
Times on Thursday, January 24, 2013). (City Planner Rumer)
On November 27, 2012, City staff approved a small scale site plan for a proposed 12,480 sq. ft. Dollar General
store located on Tract B of the Silver Bend subdivision, consisting of 2.17 acres. The zoning designation for the
property is C -2 (Community Commercial). Pursuant to Section 4 -3 of the Land Development Code, the site
plan was processed as a small scale site plan since the proposed building was a non - residential building of less
than 25,000 sq. ft. Because the site plan was classified as a small scale site plan, the plan was approved by City
staff alone and did not require Planning and Zoning Commission review or City Commission approval. Further,
the applicant, Concept Development, LLC, did not request any waivers in connection with the approval of the
plan.
Following approval of the site plan, neighboring residents appealed the decision to approve the site plan. While
the Board of Adjustment generally considers variance requests, the Land Development Code provides that the
Board of Adjustment also hears appeals of City staff land development decisions. Pursuant to Section 3 -3.D. of
the Land Development Code "appeals to the Board of Adjustment may be made by any person aggrieved...by
any decision of the Building and Zoning Official in connection with the enforcement of [the Land Development
Code]...."
Mayor Vandergrift opened the public hearing and stated that this will be a public hearing; that
the City Attorney will provide guidance for the Quasi- Judicial proceeding, the City Planner will
present the staffs point of view, the Appellant (Silver Bend) will make a statement, the City
Staff and Applicant/Developer will address issues raised by the Appellant, and the Appellant will
have a chance to speak again.
City Attorney Cookson introduced the item and gave an overview of the small scale site plan
approval process that was conducted granting approval on November 27, 2012, of a proposed
12,480 square feet Dollar General store, located on Tract B of the Silver Bend subdivision. He
stated that because the building was less than 25,000 square feet, was non - residential, and did not
contain any waivers, the plan was classified as a small scale site plan which is, pursuant to the
City Code, approved by the City on a staff level. It did not require Planning and Zoning
Commission review or City Commission approval. He continued that City staff approved the
plan as consistent with the Land Development Code. The neighboring residents appealed the
City staff decision to approve the site plan. He stated on January 10, 2013, the Board of
Adjustment heard the appeal and made a recommendation to the City Commission that the
Commission find the staff did err in approving the site plan. He said the Commission is not
bound by the decision of the Board of Adjustment. The Commission has an opportunity to listen
to the evidence and reach their own conclusion as to whether or not City staff committed an error
in approving the plan. Mr. Cookson advised that for this Quasi - Judicial Hearing tonight the
Commission will remove their legislative hats and wear their judicial hats, as a judge would hear
a case. He stated the question before the Commission tonight is to find whether or not city staff
committed an error in approving the small scale site plan. Did the staff misapply the City code
in approving the plan? In reaching their decision tonight they are only to apply substantial,
competent evidence which is fact - based, relevant, and material. Emotional arguments and
opinion which may be persuasive in the legislative role have no place in a quasi-judicial role.
Facts in favor of or against staffs application of the city code are what they should consider,
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alone. If, after hearing the presentations, you determine that the facts indicate that City staff
committed an error in approval of the site plan; your decision should be to overturn staff's
approval of the site plan. Conversely, if, after hearing the presentations, you determine that the
facts indicate that City staff did not commit an error in approval of the site plan; your decision
should be to not overturn staff's approval of the site plan. He stated the hearing will proceed as
follows:
City Planner Rumer will present the consistency with the Code.
Appellant (Silver Bend) will make a statement.
City Staff will then address issues raised by the appellant.
Developer will make a presentation.
Appellant will have a chance to speak again.
At any point during the presentation, they are free to make comments, ask questions, or seek
clarification. The Mayor will instruct those speaking, especially residents speaking for or against
the project to keep comments brief, fact based, and non - repetitive.
City Attorney Cookson asked Commissioners to make a disclosure of any ex parte
communications that they may have had with residents, developers, appellants, etc.
Commissioner Hood stated that he received emails but had not responded to any of them or
spoken to anyone.
Commissioner Wilsen said she has had contact with residents and the developer.
Commissioner Johnson advised he has received e-mails and has had contact with a resident.
Commissioner Keller said he did receive e-mails but he has not had any personal contact with
anyone.
Mayor Vandergrift said has had some contact with some of the residents.
City Planner Rumer presented the board with exhibits and a PowerPoint overview of the small
scale site plan approval process that he conducted granting approval of a proposed 12,480 square
foot retail building to be occupied by Dollar General. Mr. Rumer explained that it presently has
a right -in access off Silver Star Road, with a cross - access easement creating a future right -
in/right -out. There is a second access on Silver Bend Blvd, to the rear of the property (adjacent to
four Silver Bend lots). There is a provision for an access road which will eventually connect with
the road that dead -ends at the library. There is parking around the building. There is a retention
pond. The landscaping plan is in the commission packet. The Silver Bend plat was recorded in
1992 and includes Unit 1 consisting of a single family residential subdivision and the two platted
commercial out parcels. The rezoning from Office to C -2 occurred in 1990. The commercial
tracts were part of the plat, and Silver Bend Blvd. was platted as public road. The preliminary
subdivision plan was approved in 1989. This project meets the criteria of a Small Scale Site Plan;
it did not require any waivers which would have brought it before the Commission for approval
or denial. It was reviewed and approved by staff. They provided stormwater calculations, traffic
study, etc. Staffs consulting engineer reviewed the traffic study and the site plan. The two
commercial tracks do have vesting for about 45,000 square feet of commercial use. That does not
preclude it from safety and access management; they just have the right to create a number of
trips based on the size of commercial use. When staff reviews a site plan, we look at the micro
level at the site and at the macro level. He demonstrated on the zoning map the zoning in the
surrounding area. They required the library to stub out an access road that ends at this tract. The
parcel being discussed tonight after hearing the presentations, you determine that the facts
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indicate that City staff committed an error in approval of the site plan; your decision should be to
overturn staff's approval of the site plan is the eastern half of this tract. City Planner Rumer
further explained that staff looked at Article 6 requirements for site plans which deal with access
points, buffers, parking lot size, drive isle widths, setbacks, landscaping, etc. There were no
deficiencies found in the plan.
Commissioner Keller clarified that the property is currently split into the three tracts; nothing
needs to be done to split those.
Mayor Vandergrift opened the Public Hearing.
David Butkovich, President, Silver Bend HOA, 2019 Cassingham Circle, opposed the site plan.
Karen Consalo, Esq., attorney for Silver Bend HOA, gave a PowerPoint presentation (8:04 p.m.
— 8:28 p.m.) stating their case (attached).
Patricia Tice, Traffic Consultant from Crews LLC, representing Silver Bend HOA, gave a
PowerPoint presentation (8:29 p.m.— 8:47 p.m.) regarding a traffic analysis and other issues such
as buffering, lighting, safety, sidewalks, noise /traffic /litter mitigation, etc.(attached).
The following additional Silver Bend residents spoke in opposition of this site plan:
Alissa Richard, 13 year old student of Ocoee Middle, 1904 Cassingham Circle
Joe McElroy, HOA Treasurer, Chairman of the Residents Committee, 1826 Cassingham Circle
Lou Forges, Vice President, Silverbend HOA, Realtor, 130 Clowson Court,
Saniya Ramjus, 1914 Cassingham Circle
BREAK 9:01 p.m. — 9:12 p.m.
Martha Lopez Anderson, 2438Alclobe Circle, Board of Directors
Woodberrie Laborde, Ocoee High School Student, 1892 Cassingham Circle
City Planner Mike Rumer, rebutted previous testimony given with regard to I no emergency
access if an accident is on Silver Bend Blvd.; there is, in fact, a second access point that can be
used for emergency traffic 'with to the appellant claim that there would be a loss of additional
trees; he stated the other existing trees are not in the 25' site triangle and will not be removed
because there is no violation of the LDC ® with regard to Comp Plan amendments; there has
been some deception from Attorney Consalo, particularly to the Board of Adjustment, regarding
violations of the Comp Plan Policy. At the end of the Board of Adjustment meeting, the BOA
asked for Comp Plan Policy 7.1 to be put in the motion as their reason for denial. He showed
how Ms. Consalo's depiction of Land Use Policy 7.1 is different from the way it is actually
written.
The City shall enforce standards in the Land Development Code to promote compatibility of
adjacent land uses by requiring buffer zones to protect new and established residential areas
adjacent to new and establish non - residential, uses. Buffer zones shall be defined within the
Land Development Code, based on the following guidelines:
* **
b) "Medium" buffers between retail commercial or high -rise (over two stories) office and any
residential use, consisting of a minimum of twenty -five (25) feet of buffer area supplemented by
walls, and/or fences, and landscaping.
HOA Attorney Consalo rose to state that she had never been called deceptive at a Public
Hearing before in her life. Mayor Vandergrift asked her to be seated and she would be given
the chance to respond to that.
City Planner Rumer stated that the true Policy 7.1 continues after that to state buffers must be
provided and defined within the Land Development Code (LDC). He said they did not tell you
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that there is a 6 foot brick wall at the property line of the residents and a 25 foot buffer with
landscaping. He advised there is lighting and a photometric plan (light study) in the approved site
plan which meet the LDC requirements as well.
The Board of Adjustment hung their decision on the Land Use Policy 7.1, not the Land
Development Code. The Land Use Policy directs the Land Development Code to create buffers.
The LDC has those buffers. For this application the LDC requires the "Medium" buffers
consisting of a minimum of twenty -five (25) feet of buffer area supplemented by walls, and/or
fences, and landscaping.
5 the accusation of violating Comprehensive (Comp) Plan Policies with regard to buffers; Mr.
Rumer explained that the Comp Plan Polices have been in place for many years. Once the Comp
Plan is adopted, the LDC is revised taking into account the goals of the Future Land Use Element
and the Comprehensive Plans. They are not new policies; they have already been implemented in
the LDC and they are all met with this site plan. The site plan shows a 6 foot brick wall, a 25 foot
buffer, a sidewalk, lighting, and a lighting plan. Presently the students walk along Silver Star
Road. He displayed a similar site plan in Ocoee, Silver Ridge Crossing that was approved by the
Commission with the same entrance /exits. It has a right -in on Silver Star, and their exit is on
Ridgefield Drive. N regarding failure to meet with the residents; he and the District
Commissioner met with the HOA president on site as soon as they got the Plan. They
additionally attended an HOA meeting, as well as several other meetings throughout this process.
5 traffic light warrant analysis; if we accept a proportionate share payment on a $250,000 traffic
light ($20,000), within three years we would have to build that light and we do not feel it will be
warranted at that time. When the properties across the road and on the east develop, there will be
a necessity for a light. The city's transportation consultant is here to discuss that further. 5 the
vacant tract on the east side of Silver Bend will require an access onto Silver Bend when they
develop. They will probably need waivers that will come before Commission. Denying this
access tonight may cause Commission to have to deny that access on Silver Bend in the future.
Nick Lepp, Renaissance Planning Group, Transportation consultant for the City, explained
that when the traffic study was reviewed by them the site plan showed only a right -in on Silver
Star Road and the assumption was that all traffic would be exiting on Silver Bend Blvd. Even
with that, his findings during his traffic study did not show a signal was warranted based on that
traffic, and background traffic, and the existing traffic.
Commissioner Hood asked about trees being damaged by pavement over the root structure. Mr.
Rumer said with the additional pavement of the radius, there may be a small area of
infringement over the roots and that historically it has been seen where roots are compromised
but the trees do survive.
David Theriaque, Theriaque & Spain, Law Firm, Attorney representing the applicant, Dollar
General, distributed a handout which included his PowerPoint presentation. He reminded the
Commission that their duty in a Quasi-judicial proceeding is to only listen to competent
substantial evidence. He stated that attorneys on both sides will give argument and opinion, but
that does not constitute substantial evidence. He said that included in his handout was some case
law that shows just that. He said he will bring an experienced planner, Gerry Dedenbach, up to
give a presentation. Prior to that, he would like to bring attention to a few things; he said that he
will show that there has been "less than candor" on what the Comprehensive Plan states. He will
put the policy up and show exactly what the Comprehensive Plan states and the Commission can
determine if what was presented to the Board of Adjustment previously, and again before the
Commission tonight, was an accurate representation of the Comprehensive Plan. He suggested it
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was not. He will also discuss misleading points that were made such as lack of meetings with the
HOA, no photometric (light) study being done, etc.
Gerry Dedenbach, AICP, LEED AP, of Casseaux, Hewett, & Walpole, Inc., Planning
consultant for the applicant, gave a PowerPoint presentation (attached).
Commissioner Wilsen clarified the earlier question raised by Commissioner Hood with regard
to the trees being compromised due to pavement over part of the root system. City Planner
Rumer repeated the question and response.
Angela Garland, Garland Traffic Solutions, Traffic consultant on behalf of the applicant, gave
her credentials and stated she, along with Mike Hemmond( ?) of HMP completed the Traffic
Impact Analysis that is in the packet and approved by city staff. She clarified that this is a traffic
impact analysis, which analyzes the impact of the traffic provided by and agreed upon by the
developer and city staff on their site plan. It is not a safety study, nor is a safety study required
by any Comp Plan or Land Development Code requirements. She wanted to address numbers
with to Ms. Tice's PowerPoint stating there would be 100 vehicles per hour exiting the site. She
said there actually only a total of 56 p.m. peak -hour trips, and 528 daily trips based on the ITE
Trip Generation Manual, which is a standard manual used for generating trips from various types
of developments. She stated there was also a mention of 36 seconds of delay, which she does not
understand where that came from. She said existing there are 18.0 seconds of delay, which
equates to a level of service "C" and adding in the proposed traffic the delay goes to 18.6, which
is also a level of service "C ". She explained that level of service is similar to a "grade" that goes
from A to F. A "C" is nowhere near necessary for a traffic signal and it is an acceptable level of
service based on FDOT and the City standards. Attorney Theriaque asked if she had
communications with FDOT regarding the approval of a right -in and right -out on this site. Ms.
Garland advised she was privy to communications with the developer that FDOT would not
allow a right -out until the adjacent site on the west was developed and then it still may not be
approved. Mr. Theriaque additionally clarified that as it is designed, if there is no cut onto Silver
Bend Blvd., there would be no way to exit the property. He also clarified that her study had been
reviewed by the City's engineer and Nick Lepp of Renaissance Engineering.
Robert Walpole, PD, LEED AP, President of Casseaux, Hewett, & Walpole, Inc., representing
the applicant, gave his credentials. Attorney Theriaque asked him if he heard the testimony
regarding examples of right -in right -outs working in the area. Mr. Walpole said the examples
given tonight were not accurate, specifically Mount Dora example the Dollar General, which his
firm was the design engineers for that project. He explained it is a 3 turn for its main access and
has access stubbed out to both its north and south property lines for inner connectivity; to say it
is a right -in right -out is deceptive at best. He added that he pulled up on his computer the Family
Dollar at 110 Kirkman Drive that was portrayed here tonight to be a right -in right -out; it has an
access way 24 feet wide that goes up to Church Street and accesses a residential neighborhood at
which point the trucks then make a left -hand turn off the roadway into the site. He added that the
Kane's Furniture example was interesting because after having only a right -in right -out that
business came back and asked for a left turn. They would not have borne such an expense if
there was not a business reason to do so. He added that his firm has constructed a concept for
more than 50 of these Dollar General stores as well as 10 -15 Family Dollar; the business model
for them is that they do not do right -in right -outs. He added he has had conversions with Chris
Carnes of FDOT, regarding the right -in right -out and off of Silver Star Road and the right -in is
the only thing that was approved. They only approved that at Mr. Crawford's request to get some
of the traffic off of Silver Bend Road so that all of the traffic did not have to use that
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Attorney Theriaque stated that he has no more evidence to present at this time, but asked if he
could have 5 minutes at the end of the case for closing arguments.
Mayor Vandergrift stated there were no objections to that.
Karen Consalo, Esq., attorney for Silver Bend HOA, thanked the Mayor for the opportunity to
speak again. She told the Mayor he was wise asking her to sit down earlier and she has had the
chance to cool off. She addressed the issue of competent and substantial testimony. She said
generally speaking an attorney's arguments are not considered expert testimony, however she is
certified by the Florida Bar as an expert in this field, therefore her testimony can be considered
expert testimony from a specialist in City County Local Government Law. Mr. Theriaque cannot
say that. She added that part of the review process to become certified is an impeccable ethical
record. She also said Ms. Tice is clearly an expert in Land Planning and Transportation matters.
Additionally, she stated resident Lou Forges is a realtor in this community, and therefore an
expert in the area of property values, etc. She also stated that as far as the neighbor's testimony,
the law clearly states that lay persons may testify to factual matters. She discussed the neighbor's
testimony with regard to use of the sidewalk by school students relating to the safety issue, the
aesthetic and emotional value of the trees, memorial bench, and signage that would all be
negatively affected by this road. She stated that was her rebuttal about what they can and cannot
consider. She stated that the Comprehensive Plan is the preeminent regulatory document of a
governing the city, it trumps the Land Development Code. The Florida Supreme Court describes
the Comprehensive Plan as the Constitution of a Local Government. The Developers would like
you to push it aside and believe that if there is not a Land Development Regulation that
specifically states that, they can negate the Comprehensive Plan.
She said there were allegations that they haven't properly presented. She and Mrs. Tice were
called deceptive and the HOA was called over emotional. She shared a quote that "...if you don't
have the law on your side, attack the other side," and that is what's going on here. She stated
that if parts of the Development Plan were not in her presentation, it was because she didn't have
them. Her side of the argument is not on the intimate basis with staff that the developer is. She
can only ask for public records, and then base their presentations on the public records they
received. If something was lacking, it was because they didn't have it.
She stated that she will not recap everything; the Commission already knows that they do not
want the access road and they are requesting the masonry wall. She stated the first site plan she
saw showed a right -in right -out and that is why she presented it to the Board of Adjustment.
With regard to the FDOT, if they think that it will work with just the right -in, then it probably
will work with that. The developers purchased the property that way, with only a right -in, so the
burden should not be put on the neighbors because now they want more access. With regard to
the trees, realistically the proposed new 8 foot trees will not adequately replace 30 year old Oak
Trees. She said Ms. Tice is an expert in land planning and she can testify as to how she
developed that diagram and she thinks this road apron will adversely affect the root base of two
additional trees. Lastly, she wants to rebut the law. This city commission has no obligation
under the law to approve a second access road. They feel under the Comp Plan they are obligated
to deny it. At the end of the day the only obligation this Commission has is to do what is right for
the community, and that is to deny this access road. She asked the Mayor if she could have Ms.
Tice testify for the record that she developed the drawing of the root system, so that it will be on
the record. Ms. Consalo also asked to reserve time for cross exam and 5 minutes for closing
arguments. Commissioner Johnson stated that she had already spoken twice. She apologized
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and said she thought this section was just rebuttal; and asked if she could give closing arguments
after Ms. Tice spoke.
Patricia Tice stated that she prepared the drawing specifically showing the drip zone where root
systems generally lay. New pavement would interfere with the root system. She added that she
wanted to clarify the 100 trips per hour were not all from the Dollar General; that was taking into
account the 18 U -turns that currently occur at that intersection, the vehicles exiting form the
dollar general and the existing traffic from the existing project. That traffic is all coming out in
one lane, and since it is over 100 vehicles per hour in one lane that is consistent with the need for
at least a warrant study. The Manual for Uniform Traffic Control Devices (MUTCD) criteria for
needing a warrant based on general estimations of percentage of vehicles that occur during the
peak hour in comparison to the remainder of the day. She apologized if that was not clear earlier.
The 62 vehicles in the left turn were created in the same way; the U -turns would be shifted to the
left as they would go through the site and come out and adding the project traffic and existing
traffic.
Mr. Theriaque, Attorney for Dollar General, said he respectfully disagrees with Ms. Consalo,
that the Commission's job tonight is not to do what's best or right for the community, it is to
follow state law and apply your Code and your Comprehensive Plan. Unless the neighbors have
identified a particular provision of the Comp Plan or the Land Development Code and provided
competent substantial evidence otherwise, that the project should be approved. He believes they
have failed to meet that task. The summary that we heard were aesthetic values, emotional
values of the signage and memorial site, but none of those involve criteria in your regulations.
You have heard from the City staff and consultants that the City has met everything. He stated
the argument from Ms. Consalo that the client bought a right -in only with no access onto the
boulevard puts the burden on him does not make sense. He cannot have a commercial property
where you can "check in but you can't check out." The evidence that emerged tonight is that
FDOT is not allowing a right -in right -out; they are only approving a right -in at this time. No one
should have their property regulated in such a way that it allows people to enter the business, but
there is no way to leave the property. There was testimony that there is only one lane out on
Silver Bend Blvd., which is incorrect, there are two lanes out. The testimony that there is no stub
out onto the Silver Bend Boulevard which created an expectation that there would never be a
road there is not correct; there was no stub out to the primary road either. It is a red herring
argument. He stated Ms. Consalo is correct in that the Comprehensive Plan is the City's
constitution, however, to deny something based on the Comp Plan there is to be a regulation that
the developer didn't meet. You cannot just say the City shall enforce the LDC to preserve
existing and future neighborhoods, and somehow if you don't like this project, the City has failed
to enforce the LDC. There is nothing there that establishes regulatory criteria for a property
owner to meet. It says the City shall enforce the Land Development Code; that is not a Comp
Plan provision that the City violated. The same is true for 7.1, states that the City shall enforce
the LDC. You have not heard that any portion of the Land Development Code was violated. He
defended the idea that they are "attacking" the HOA side, however stated that they showed
policies that were truncated to give the impression that it said something that it did not say. You
have heard numerous examples of that as well as mistakes regarding lanes, trips, right -ins and
right -outs. The Applicant has met the Plan, met the LDC, got the staff's seal of approval, got the
off-site consultant seal of approval, and in an effort to go further and appease the neighbors
original complaints, they added a sidewalk and a wall. Now they are not satisfied with the alley
that will be created because of the wall and sidewalk. If you do what the neighbors are
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suggesting, the children would walk all the way to Silver Star, cross the right -in and right -out,
and then continue down Silver Star. The proposed sidewalk protects the children much more
than that scenario. We meet the Comp Plan and the LDC, and he respectfully suggests that the
Commission supports what staff has determined and do not accept the recommendation of the 3-
2 vote by the Board of Adjustment that failed to identify any provision of the Comp Plan or LDC
that was not met. It is difficult when neighbors are sitting here in a sea of green, but Florida Law
requires you to make the tough decision that sometimes is not popular, but it is still your legal
obligation to apply the regulations that you adopted to this piece of property, and only your
regulations.
Martha Lopez Anderson asked if she could ask for a point of clarification. She was told to
proceed. She asked City Planner Rumer that what was approved by City staff was a sidewalk to
nowhere that did not connect to the library and a wall that was built part -way through lot 4. It
appears that we now have a revised development plan that was submitted at this meeting. She
wants to make sure staff clarifies exactly what was approved, and what went before the Board of
Adjustment, and what is now being presented to the Mayor and Commission. She also asked
Mr. Rumer to clarify that he previous stated that the parcel to the east may never be developed
because of its proximity to the curb on Silver Star Road. She said he is now bringing up the
access from that five acre parcel as one that could only be obtained from Silver Bend Road. City
Planner Rumer stated that the plan before the Commission today, the plan that was approved by
staff, is the plan that was approved by staff. Mr. Theriaque stated that he was not trying to
suggest that the sidewalk and the wall were part of the original plan' they were a response to the
resident's appeal of the project. His client reached out to the adjacent property owner to see if
they would allow the wall and sidewalk to be extended across their property. They have asked
the Commission to approve uphold the approval of the site plan with the condition that the
sidewalk and wall be extended as agreed upon by the developer here tonight. Mr. Rumer
addressed the issue of the lot to the east. The physical frontage to Silver Star is a small portion;
the Code requires two access points, they would most likely need a waiver of the Code for the
second access on Silver Bend Road even FDOT approves one access on Silver Star. That
decision will be up to FDOT.
Ms. Consalo asked the Commission to remember the photos they showed because this area
behind the building will not be a nice road; it will be a place for litter, for trouble, and for crime.
If the developer has not purchased property that has sufficient access, that should be brought up
with the FDOT, or they should approach the neighboring property owners, or they should wait
for further commercial development to happen. They should not ask the Commission to dump
the road on this neighborhood. She added that again there is nothing in the law in the Land
Development Code or the Comp Plan that requires this body to approve this site plan; it is up to
this body to decide if the access road is a good idea or a bad idea.
Commission Discussion:
Mayor Vandergrift asked if this was ever proposed for a right -in right -out. Mr. Rumer said the
official site plan, as submitted, had a right -in. We required that a cross access easement
document be recorded to provide the future right -in right -out.
Mayor Vandergrift asked about the library stub -out, will they cooperate to go ahead and have
that done. Mr. Rumer said he was not here when the library was developed; there is a stub out,
the road stubs out at this property. The Mayor asked if the plan is for a frontage road will
connect the properties. Mr. Rumer said it will be to the rear of the commercial parcels. There is
a 75' cross access easement in the rear of the commercial lots. When the roads develop, the
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February 5, 2013
adjacent lot will connect with the Dollar General and the stub out at the library. Mayor
Vandergrift stated the connecting access road all the way through. Mr. Rumer stated the
developer could get the permission of the property owner to build that access road all the way
through and get engineering to capture stormwater and everything. It is a little more than
providing the sidewalk and the wall. The Mayor clarified that there is one owner on the east and
two separate owners the west tracts.
Mayor Vandergrift said they are going to have to act as Judge and Jury, Planners, and Elected
Officials to try to get a win/win situation out of this. We know there will be commercial
development across the street; we are talking about the possibility of a traffic light in front of
Silver Bend to accommodate traffic going across Silver Star. The same is true in front of the
library; there will probably need to be a traffic light there. He discussed the difficulty with the
right -in right -out access to Publix, which causes U -turns in front of Silver Bend. He discussed a
frontage road that would feed the two properties with a right -in right -out onto the center piece of
property and making it further from the Silver Bend entrance. Mr. Rumer said there is presently
a median in front of this access at the library; formerly there was a left turn lane but it was
closed. It would not be a signalized full intersection. Commissioner Wilsen clarified if such an
access road were built it would dead end into the Dollar General and not go onto Silver Bend
Road. There was further discussion regarding possible access scenarios. Commissioner Wilsen
said it seems that it would be a win/win situation if Dollar General had rear access like most of
the businesses in that area. Mayor Vandergrift stated that since there were no cuts made at
•
Silver Bend it was a safe assumption on behalf of the residents that it wasn't going to happen. He
described an issue with a Publix shopping center on the south end of Ocoee that caused a policy
that from then on developers would be required to tell buyers of any proposed projects on
adjacent sites. Commissioner Johnson said the signs have always been up on those properties
telling them exactly what the zoning was.
Commissioner Keller asked about the left turn lane being closed when the widening was done
because they needed a longer turn lane; if that is the case it could not be opened back up by the
subdivision. He also asked for clarification if a traffic light were placed at Silver Bend/ Johio
Shores Road, would it be too close to Silver Star and Clarke Road.
Commissioner Wilsen said after twenty years of grooming the boulevard she understands why
the residents are upset over this. The proposed changes to the street are not compatible with the
attention that has been given, and it would be devastating to the tranquility of the neighborhood
She further stated that children's safety and buffing are concerns to her.
Mayor Vandergrift closed the Public Hearing.
City Attorney Cookson reminded the Commission that they are normally on the dais trying to
work out win/win situations and look for alternatives; that is what is done in a legislative
capacity. That is not what we are doing in this case, it is a Quasi-judicial Hearing; you are
serving as a judge to make the following determination: 1) did the staff properly approve the site
plan or 2) did the staff make some error in following the Land Development Code in approving
the site plan.
Commissioner Hood stated that clearly what the City Attorney has stated was their job tonight
is to determine whether or not staff made errors in applying the LDC or Comp Plan; not to vote
his personal opinion because he personally he doesn't like the access road.
Commissioner Johnson said we all have people we know in that neighborhood, but it's easier to
vote the popular way because he personally doesn't like that store going there, but the developer
has the right to sue the City if we deny him his rights. He does not think City Planner Rumer
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February 5, 2013
made any mistakes. It is not easy, but when Silver Bend was built they moved the boulevard to
get it farther from the curb. He doesn't know what will happen when the other properties try to
develop.
Commissioner Keller said he doesn't like the idea of the access road there, however, he
believes the property to the east is going to need an access road onto Silver Bend because it will
develop in the future. As far as safety, he feels the proposed sidewalk will be just as safe, if not
safer, than to walk down the current path on Silver Star Road. He doesn't like being the rear of
the building as far as a safety issue. He said that having no stub outs should not give anyone the
assumption that commercial projects were not going to be developed and connected to Silver
Bend Boulevard which is a public road. As far as the right -in right -out, now your kids are
crossing that additional traffic whether it is on Silver Bend or Silver Star. He said the lighting
study and wall buffer issues were resolved by the developer going over and above what is
required. Silver Bend does have a second exit in the back; it just hasn't been used in a long time,
but is available for emergency traffic. He feels the additional traffic would be more dangerous if
they have to make U -turns on Silver Star.
Mayor Vandergrift asked City Attorney Cookson what options are available if it doesn't get
resolved to the HOA's satisfaction. Mr. Cookson said the next avenue would be to appeal it
through the court system. The Mayor asked if mediation might be involved, such as the option
that he suggested. Commissioner Hood and Commissioner Keller stated that mediation would
not be useful because who would bear the cost of that? Mayor Vandergrift stated the right of
way for Clarke Road is out there and a whole lot of landowners had to donate it for us to build
Clarke Road. There are that kind of options out there, eventually that access road will have to be
there so if the landowners came together and agreed to do it now, it could be done. He thanked
everyone for being calm and professional, and added that Code Enforcement should stay on top
of all such alleyways for trash and graffiti including this one if it should be approved.
Commissioner Johnson also suggested to the residents that they could put a gate up and keep
their residential area private.
Motion:
Commissioner Wilsen, seconded by Mayor Vandergrift, moved to agree with the
BOA to overturn the city staff's approval of the site plan as it is inconsistent with
the Land Development Code.
After a brief discussion, the motion carried 3 -2 with Commissioner Johnson and
Commissioner Keller opposed.
Mayor Vandergrift advised the meeting was adjourned, to which Commissioner Hood and
Commissioner Johnson stated it was not adjourned. Mayor Vandergrift restored order and the
meeting continued.
Commissioner Hood stated that we have a misunderstanding. City Attorney Cookson restated
the motion. Commissioner Hood asked for clarification on what a YES vote and NO vote
meant in this situation. Roll Call Vote: Hood/No, Wilsen/Yes, Vandergrift/Yes, Johnson/No,
Keller/No. Recall on the vote of the previous motion failed 2 -3, with Hood, Johnson, and Keller
opposed.
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Mayor Vandergrift said the vote has just been reversed; someone would have to make a motion
to go the other way. City Attorney Cookson stated what the new motion should be, including
the condition of extending the wall and sidewalk.
Mayor Vandergrift explained that Commissioner Hood voted the wrong way and now we have
to have a new motion and the votes will be counted again. The City Attorney has suggested a
voice vote. Commissioner Hood asked if the extension of the wall and the sidewalk going to be
the way it was stated tonight. Commissioner Keller said that if the motion just stated by the
attorney is approved, it will include the extension of the wall and sidewalk. Commissioner
Wilsen and Commissioner Hood clarified that voting YES on this motion would not overturn the
staff's decision because staff did not err on approving the plan; and a NO vote would overturn
city staff's decision because they did err.
Commissioner Keller, seconded by Commissioner Hood, moved not to overturn
city staff decision of approving the site plan finding that city staff did not err in
approving the site plan as the proposed plan is not inconsistent with the Land
Development Code; and add the additional conditions that the extension of the
wall and sidewalk will be completed as discussed tonight. Roll Call Vote:
Hood /Yes, Wilsen /No, Vandergrift/No, Johnson /Yes, Keller /Yes. Motion carried 3-
2 with Commissioner Wilsen and Mayor Vandergrift opposing.
I. REGULAR AGENDA
13. Award of Bid No. B13 -03 to C &D Construction, Inc. (Cocoa, FL) for Construction of a
Replacement of the Community Center and to Increase the Budget for this Project.
(Support Services Director Butler)
The City Commission determined in FY 2012 that it was in the best interest of the city's residents for a larger
Community Center venue to be available for public and private events. In furtherance of this decision, the
architectural firm of Rhodes & Brito was selected to prepare the conceptual and construction plans for the
project. Through a series of design sessions with City Commissioners, staff, and potential users of the facility, a
set of bid documents were created for a facility with a maximum occupancy of 500 persons. Bids were opened
on January 23; 10 bids were received.
The lowest responsive and responsible bid was provided by C &D Construction, Inc., of Cocoa. Their base bid
amount was $2,097,000.00. Their proposed price for Add - alternate 1, an enhanced building sign with a
fountain and clock tower, was $44,000.00. Their proposed price for Add - alternate 2, a power switch and wiring
system permitting the use of a portable generator to power the building's electrical system, was $24,000.00.
Based on the lowest responsive and responsible bid of $2,165,000 from C &D Construction, Inc., and staffs
desire for a 5% contingency allowance, the total construction phase budget needs to be $2,273,250. The
currently available funds are $1,636,052.45.
This item was moved forward on the agenda and heard before Item #12.
Support Services Director Butler explained the bids that were received and the bid process
they conducted to select the lowest responsive and responsible bidder. City staff has found the
funds for this project and is asking for the Commission to appropriate the funds from those
sources. It is being requested that they award at the base bid plus the two add alternates, which
Support Services Director Butler explained. Clarification was made that no money would be
coming out of reserves.
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Commissioner Johnson, seconded by Commissioner Wilsen, moved to Award
Bid No. B13 -03 to C &D Construction, Inc. (Cocoa, FL) for Construction of a
Replacement of the Community Center per staff's recommendation. Motion
carried 5 -0.
J. STAFF ACTION ITEMS
K. COMMENTS FROM COMMISSIONERS
Commissioner Johnson — said that the Elks Lodge is hosting a charity softball tournament on
March 9 and they are asking if the fees to use the field can be waived.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to waive
fees associated with the use of the field for the Elks Lodge Charity Softball
Tournament on March 9 Motion carried.
Briefly commented that being an elected official is a hard job but they have to do what is right
for all the citizens and not just one area. Hopes people understand that they have to do what is
right for everyone.
Commissioner Keller — None
Commissioner Wilsen — said she is disappointed with the vote on the appeal of the Dollar
General and feels this will be a disservice to that community.
Commissioner Hood — 1) said he thought he had the vote right the first time but this is not an
issue of going back 20 years in hoping that things would be done right. The question was simple
in asking if the city had erred in its comprehensive plan and they did not. The vote he made
tonight was on the question before him and not on his feelings. He felt that he made that clear
many times. 2) announced that Ocoee High School did defeat West Orange High School in the
basketball tournament (79 -72).
Mayor Vandergrift — said as he tried to express during the vote, they have to keep in mind that
they are in some degree planners and he feels that it will need to be straightened out somewhere
down the road when they have to put up intersection lights.
ADJOURNMENT
The meeting was adjourned at 11:12 p.m.
APPROVED:
Attest: City of Ocoee
emei „2,46
Bet ' kenberry, ity Clerk S. Scott Vandergrift, Mayor
jIAL,
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