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HomeMy WebLinkAbout02-02-93 '--' MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD February 2, 1993 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Vandergrift in the commission chambers. WOLF DEN #2, PACK 217 presented the colors under the direction of Scout Leader Chris Reilly. Reverend David Day, Ocoee Methodist Church, led in the prayer and Scout Leader Reilly led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Johnson, and Woodson. Also present were City Manager Shapiro, Assistant City Attorney Duke Woodson, Assistant City Attorney John Horan, Chief Boyd and City Clerk Grafton. Absent: Commissioner Combs '-" PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift read the following proclamations: 1. January 31, 1993 is "Audrey Marsden Day". Mrs. Marsden's letter of appreciation was also read at this time. 2. Month of February is "American Heart Month". 3. February 15-20, 1993 is "National Patriotism Week". James Cothern, Exalted Ruler of the Winter Garden Elks Lodge No. 2165, was present to accept the proclamation for National Patriotism Week. 4. Month of March is "Violence Free Community Month". Chief Boyd said that the proclamation for Violence Free Community Month is part of a large project that is just beginning. 5. April 18 - "Days of Remembrance- Yom Hashoah". Bicycle Presented to Police Bicycle Patrol by Citizens Walter Branche and Jesse Denkins. Mayor Vandergrift announced that, following last week's press coverage about the bicycle patrol which was just started, a bicycle had been received from an anonymous source and this bicycle about to be presented by Mr. Branche and his seven year old nephew, Jesse Denkins, would complete the three bike patrol. Chief Boyd introduced the Police Officers who would be using the bicycles: Officer Bill Simons, Officer Randy Root and Officer Steve Morris. Chief Boyd presented a plaque of appreciation to Jesse for the example he is setting for people his age. Mayor Vandergrift then awarded a City of Ocoee watch to both Mr. Branche and Master Denkins in appreciation for their generous donation. CONSENT AGENDA The proposed consent agenda consisted of items A, B, and C. A. Acceptance and Approval of Minutes of Commission Re~ular Meeting of January 19. 1992. B. Acceptance and Approval of Work Order No.5 in Amount of $2.000 to C.T. Hsu for Value En~ineerin~ of City Hall/Police Department. C. Acceptance and Authorization to Expend an Amount of $3.000 for Fair Exhibit ........ Funds to Ocoee Lions Club. Ocoee City Commission Regular Meeting "-" February 2, 1993 Commissioner Foster. seconded bv Commissioner Woodson. moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. MAYOR VANDERGRIFT ANNOUNCED THAT TOMMIE SANDERS (the citizen responsible for the erecting of the World War II Memorial) W AS PRESENT AND WAS CELEBRATING HIS 67TH BIRTHDAY. THE OCOEE RENT -A-CHOIR SANG HAPPY BIRTHDAY TO HIM. The rendition was sincerely presented but was likely to go on record as absolutely the worst music ever heard. PUBLIC HEARING - 7:30 p.m. Resolution No. 93-02, regarding the issuance of $15M Water/Sewer System Refunding and Improvement Revenue Bonds. '-" Craig Hunter, Senior Vice President with William R. Hough & Co., explained the City's current position regarding existing Water/Wastewater bonds and revenues. Mr. Hunter said that adoption of the proposed resolution will position the City for the long term and ensure that the future residents will pay a fair share of the growth of the City in the terms of capital outlay in the most cost effective way. Mr. Hunter said that because of the excellent presentations to insurers which were made by City Commission and the excellent preparation by City Staff and PEC, a AAA commitment was obtained from MBIA and that will give the lowest possible interest rates on this bond issue. Mr. Hunter said that this bond issue will be roughly $8.4M and will payoff the short term loan with Barnett Bank and fixes in the historically low municipal interest rates. Mr. Hunter said that, if this resolution authorizing his firm to proceed with the financing in order to purchase the bonds is adopted, they would return on February 16. Grace Dunlap, Foley & Lardner, explained that the proposed Resolution authorizes this particular project for water/sewer consumption and authorizes the refunding or refinancing of the outstanding indebtedness and sets up the covenants and acceptance of the insurance policy with MBIA. The public hearing was opened, and as no one wished to speak, the hearing was closed. Mayor Vandergrift pointed out that this was a revenue bond for the purpose of improving the water and sewer departments and that funds from the revenues produced by those departments would be used to payoff this bond. Commissioner Woodson. seconded bv Commissioner Johnson. moved to adopt Resolution No. 93-02 as presented. Motion carried with unanimous vote in favor. "-' 2 '-" Ocoee City Commission Regular Meeting February 2, 1993 Approval of City Response to Orange County Verified Complaint. Assistant City Attorney John Horan reviewed his response to Orange County's Verified Complaint regarding the recent annexations and explained that the response must be filed within 30 days of receipt of the Verified Complaint and the response denies the substance of the Verified Complaint. Commissioner Foster asked that Mr. Horan give Commission direction for responding to constituents. Mr. Horan advised Commissioners to be prudent and discreet in discussing those matters raised in the Verified Complaint or by way of the annexation proceedings when they happen to be on record, and he cautioned City Officials and Staff that they should not discuss in a public way the issues raised in this lawsuit. Mayor Vandergrift asked if the letter he received today had any bearing on this procedure and Mr. Horan said that it did, and he would prepare a proposed response to it which would be presented at the next meeting. Commissioner Foster. seconded bv Commissioner Woodson. moved to authorize Mr. Horan to proceed with the response to the Verified Complaint as presented. Motion carried with unanimous vote in favor. '-' Discussion re: Orange County Traffic Violation $12.50 Surcharge Ordinance. Chief Boyd explained that County Chairman Chapin has requested support for the concept of a program wherein the cities and Orange County have a joint communication system to include both the fire protection and law enforcement services, and for a portion of the program to be funded by the addition of a $12.50 surcharge to traffic violations. Chief Boyd asked that Commission support this much needed system. Commissioner Johnson. seconded bv Commissioner Woodson. moved to approve staff recommendation. Motion carried with unanimous vote in favor. Mr. R.P. Mohnacky said that the City had purchased a communication system recently. Chief Boyd advised that was a system shared with Winter Garden and that, when this new system is put into operation, the old equipment could be incorporated into other parts of the City. First Reading of Ordinance - Second Reading and Public Hearing will be February 16, 1993 at 7:30 p.m. Ord. No. 93-01, relating to Minimum Standards Code. This ordinance was presented by title for the first reading. Mayor Vandergrift announced that, although it was the custom to have no discussion at the first reading of an ordinance, he wished to do so with this ordinance. Building Official Flippen explained that this ordinance was a much needed instrument which would authorize the control over the condition and appearance of occupied or unoccupied structures, both residential and commercial. City Manager Shapiro advised that there is a change being processed for the final reading of this ordinance which more clearly defines skirting for trailers. \w- 3 Ocoee City Commission Regular Meeting ~ February 2, 1993 Mayor Vandergrift explained that the contents of Ordinance No. 620, to which several citizens had referred in previous meetings, contained deed restrictions to a particular trailer park which were not properly within the City's purview to enforce, and so that ordinance was omitted from the Code of Ordinances adopted in 1977. Other points raised by Mayor Vandergrift for clarification were: 1) Page 4, item 18 - The word family is described as one or more persons occupying a single dwelling unit provided that, unless the members are related by law, blood or marriage, no such family shall contain more than 5 persons, but further provided that domestic service employed on the premises may be housed on the premises without being counted as a separate or additional family or families. What is to stop them from having five servants in a mobile home? A court of law would not assume five butlers or servants in a mobile home. 2) Item 21 - All kitchen and table food waste, animal or vegetative waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. Is that the singular dictionary meaning of garbage? This definition is the same as in the sanitation ordinance. "-" ~ 3) Page 13, the creation of a Minimum Standards Code Appeals Board. Is there not already such a board on the books; and does not the Code Enforcement Board cover these issues? As there had not previously been a Minimum Standards Code. there has not been a Minimum Standards Codes Appeals Board. Code Enforcement Board is the Board the City goes to for the enforcement of the Code. but the Appeals Board is for the citizen to appeal decisions of the Building and Zoning Official as regarding the Minimum Standards Codes. particularly in the instance of condemnation of a building. 4) Page 19, Par. (B) - What is approved skirting? Must be manufactured for that purpose. Mr. James Creech, said he made his skirting himself, it looks as good as any in town and he would not be removing it. He objected to the requirement of aluminum skirting as it is not the best for trailers. 5) Page 20, Par. (F) - Means of Egress. Should not this require both ingress and egress? Building Official Flippen said it was not required by the Standard Building Code. Mr. Shapiro said that the Fire Code has a requirement that depends on square footage. Mr. Creech said that a requirement for both ingress and egress for mobile homes was passed in 1977. It was determined that additional research by staff would be done before the final draft of this ordinance was presented. 4 '-" Ocoee City Commission Regular Meeting February 2, 1993 6) Page 24, item (C) - Garbage Disposal - "Every owner. ..to dispose of all garbage..." should include the phrase " in a lawful manner." That is covered in the sanitation ordinance and a copy of that ordinance is g:iven to every new resident. 7) Item (E) and (F) - Extermination of insects, rodents or other pests; and maintenance of plumbing fixtures. When there are conflicting opinions regarding the responsibility, who makes the decision as to who is responsible? That will depend on their contract: this iust gives the City the right to cite them. 8) Page 28, item (12) - Should not this statement regarding garbage storage containers include "provided by law"? A reference to the controlling ordinance will be added. 9) Page 33, Section 108-40 - In the first paragraph "operate" should be "operator". This typo will be corrected. 10) Page 37, Section 108-42 - Procedure for Emergency City Action. Has this been tested legally? City Manager Shapiro said that this is copied from the City of Orlando and is fairer than most. Assistant City Attorney Woodson said that the statement "imminent peril to safety and public health" gives a lot of latitude. It is only necessary to be right. ~ Mayor Vandergrift asked that some of the provisions in Ordinance No. 620 be reviewed and possibly incorporated into the Minimum Standards Codes. Mrs. Frances Watts asked about the people who are continually repairing cars and trucks. If they are running a business they should be reported to the Building Official: however. if they are engaged in a hobby there is nothing to be done about it. There was discussion reg:arding parking in the streets and possible solutions. but no conclusions were reached. Commissioner Johnson said that he was in the parks the day after the last meeting and already there is a difference in the appearance, as some of the citizens had already started to clean up the area. He said that this will not be accomplished overnight but that the City will continue to solve the problems that can be solved and pay attention to the needs of the citizens in that area. Mr. Bart Rostiser, 98 Circle Key, Pioneer Key Park #1, said that he and his neighbor will repair and paint the entrance to the park. Mr. Shapiro said that he will be sure that Mr. Rostiser gets a le1!al description of the entrance showin1! the ownership so that he can be sure that he has a legal right to do this before he starts. '-' 5 ~ Ocoee City Commission Regular Meeting February 2, 1993 Commissioner Johnson suggested that the park residents might be interested in joining in a work day if Mr. Rostiser would notify them, as that has been successfully done in other parts of town. City Manager Shapiro said that there were more than 149 citations going out in the mail for the parks that have nothing to do with the Minimum Standards Code. COMMENTS FROM CITIZENS/PUBLIC Mr. James Creech complimented Building Official Flippen on the construction and contents of the Minimum Standards Codes. Mrs. Frances Watts reinforced Mr. Creech's comments and said that as long as the City enforces the new Code their cause will be helped. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked where the line was drawn on those home projects which do or do not require a permit. If a proiect is structural a permit is required. '-' STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Foster: 1) Reported that he and Commissioner Woodson visited Commissioner Combs in the hospital and that he is doing well after his surgery; however, he did respectfully refrain from receiving the hug sent him by the ladies at City Hall. 2) Asked that Public Works Director Brenner be notified that he is still waiting for his picture of the Big Orange Truck. Commissioner Johnson: 1) Reported that he has seen folks cleaning up in the trailer parks and the results are apparent. 2) Said that Commissioner Combs is more sore than he had expected, but is doing well. 3) Reported that residents are putting their garbage in the ditch at the trailer parks and the sanitation drivers cannot see that it is there. 4) Invited all to attend the opening of Clarke Road on February 16 at 11 :00 a.m. 5) Congratulated Mrs. Audrey Marsden upon her retirement. 6) Announced that City Attorney Rosenthal is not present tonight because he is on his honeymoon in Jamaica. ~ 6 '-' '-' Ocoee City Commission Regular Meeting February 2, 1993 Commissioner Woodson: 1) Confirmed remarks made earlier regarding Commissioner Combs and City Attorney Rosenthal. 2) Asked when the City Hall function will be moved into the Community Center, because it will be necessary to upgrade the electrical system and there has been no activity in that area so far. He asked also whether we can do the work in house or if it will have to be contracted out. City Manal:er Shapiro said that it will be late February or early March. and he was not sure whether city staff would have the time to do the work. 3) Said that the generator in the parking lot should be turned on or it will ruin. 4) Said it was good to see Assistant City Attorney Woodson (of the potato bin W oodsons) here again. Mayor VanderlP"ift: 1) Reminded Commissioners to wear their blue blazers for the Clarke Road opening ceremony on February 16 at 11 :00 a.m. Announced he is still looking for items to be placed in the time capsule. Reviewed the Commissioner's Comments from the last meeting and said a citizen had made a video recording of someone violating the Code and had turned it over to the Code Enforcement Officer. Wants to know how many rocking chairs will be placed on the new City Hall porch so a program for financing them can be started. Discussed Commissioner Woodson's remarks about a cleanup day for the Cemetery for the Memorial Day Ceremony. Consensus was that May 22 would be an appropriate day. Wants to have a slogan such as "Energize Our City With Pride" for promotion of the City. Reported that he pledged $500 from the City to the Boy Scout Council and asked if the City will support the pledge. The pledg;e to the Boy Scout Council was cut during; the budg;et discussions in favor of a donation to a local scout troop. 2) 3) 4) 5) 6) 7) ADJOURNMENT The meeting adjourned at 9:20 p.m. APPROVED: City of Ocoee ......... ') .-,~~d.-dffl- ~S. Scott Vandergrift, Mayo . . 7