Loading...
HomeMy WebLinkAbout02-15-94 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSION '-' REGULAR MEETING HELD February 15, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Father Andrew O'Reilly of the Resurrection Catholic Church. Kathi Boyer, Scout Master, introduced Cathy Carter, Assistant Scout Master, Scouts Robert Davis and Danny Carter of BOY SCOUT TROOP 217. Scouts Davis and Carter presented the Colors, led in the pledge of allegiance, posted the Colors and retired. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Building and Zoning Official Flippen, Planning Director Wagner, Fire Chief Strosnider, City Clerk Grafton, and Clerk/Stenographer Lewis. ABSENT: None ~ PRESENTATIONS AND PROCLAMATIONS There were no presentations and proclamations. CONSENT AGENDA The consent agenda consisted of item A. Mavor Vanderl!l'ift. seconded by Commissioner Johnson. moved to aoorove the consent agenda item A as oresented. Motion carried 5-0. A. Acceptance and Approval of Minutes of Re~lar Commission Meetin~ of February 1. 1994. COMMENTS FROM CITIZENS/PUBLIC Mrs. Nancy Reilly, representing Cub Scout Pack 217, invited the Mayor and Board of City Commissioners to the Blue and Gold Banquet to be held Sunday, February 20, 1994. Ms. Juliet Davis, Immunization Action Plan Coordinator for the Orange County Health Department, announced that immunization for children would be provided February 23, 1994 at the Church of God of Prophecy from 1 :00 to 4:00 p.m. Ms. Davis introduced Ms. Virginia McCleary who works with her setting up the programs. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked about insurance coverage on City equipment, especially the new"$4,000,000 fire engine in case of a mishap. City Manager Shapiro said everything in the City is covered by insurance with some items requiring a higher deductib Ie than others. 'fl. C &J'\.J\.a. ei:&.cL -to .. c\ 5 0 10 0 0 o,u .3/1/ It ~ ~ '-' ,..., '-" Ocoee City Commission Regular Meeting February 15, 1994 PUBLIC HEARINGS PRAIRIE LAKE SUBDIVISION PRELIMINARY SUBDIVISION PLANS Planning Director Wagner gave the staff report and said that staff agrees with the Planning and Zoning Commission's recommendation to approve the plan, with the stipulation to include a 20 ft. conservation buffer on the north and east property boundaries. Mr. Hugh Harling, representing Sylvestri, Inc., said that he was present to answer any questions and that he concurred with staff comments and with the Planning and Zoning recommendation regarding the buffer. The public hearing was opened. Mr. R. M. Scott, Sr., 9000 Clarcona-Ocoee Road, Orlando, Florida 32854-7942, asked if the street stub out would come to his property line, and said he would like for it to. Mr. Harling said that it would. Mr. Art Nave, 5110 Log Wagon Road, Orlando, 32818, owner of property adjacent to the proposed subdivision, said he was speaking for his neighbors, and he presented a list of questions for Mr. Harling to answer. (The answers provided by Mr. Harling and Staff are underlined. ) 1. Prior to buying their homes, they had asked the Planning Department about future plans for this area, and they were told there would be a 50 ft. buffer. There had never been a 50 ft. buffer requirement. The 20 ft. buffer was a solution the developer offered when advised by Planning and Zoning Commission that a conservation/preservation area buffer was needed. City Mana~er Shapiro advised that there is no law to stand on to require a 20 ft. buffer. City Attorney Rosenthal concurred with Mr. Shapiro that for Commission to enforce the buffer request they should find some basis in the Code. and he pointed out that this was a matter to be handled at platting rather than at the time of preliminary subdivision plan approval. 2. The plan shows trees being removed. What about the Arbor Ordinance and the protection for trees measuring 8" to 24"? There are two levels of protection in the Arbor Ordinance and they are removing only those that are within the appropriate level. leaving some trees as part of the development plan. 3. Bulldozers were out last month to do the retention ponds before the plan even came before the Commission for approval. Isn't this backward? The retention pond being prepared serves Clarke Road as well as the development and Clarke Road must be completed before the developer can get a certificate of occupancy on any building. The activity Mr. Nave observed had to do with the building of Clarke Road. There was further discussion regarding the buffer and trees, with several possible solutions proffered, i.e., (1) show conservation area buffer on plat to be maintained by the City, (2) deed restrictions with homeowners' association in control, (3) deed restrictions and show the tree preservation area on the map, (3) show tree preservation area within the homowners' property 2 '-' Ocoee City Commission Regular Meeting February 15, 1994 line, maintained by the property owner. Commissioner Gleason pointed out that having it under the control of the homeowners association would be a problem as it is unenforceable without an attorney. Bob Neal, 6613 Pine Knot Court, Orlando, 32818, and R.P. Mohnacky, 1820 Prairie Lake Boulevard, also raised questions which were answered. Commissioner Gleason said that this development comes under the Orange County School Board provision that if 1000 homes are developed a school site should be set aside and there was no evidence that this had been done. Commissioner Johnson pointed out that Lee Ann Lowery checks the City's building permits to keep up with this need. RECESS 8:48 TO 8:58 P.M. Mayor Vandergrift said he would like to see a fountain at the entrance of the development. Mr. Harling said that he would take the matter back to the developer, but that in any case, they would provide a first class entrance. There were no further comments from the public and the public hearing was closed. ~ Commissioner Gleason. seconded by Commissioner Combs. moved to aoorove the oreliminary subdivision ulan with the stioulation that a twenty foot wide conservation buffer be shown on the olan along the north and east boundaries of the orooerty and that Note 3 under Tree Protection Policv be clarified to reflect this orovision. Motion carried 5-0. OTHER BUSINESS DISCUSSION ON USE OF SIDING ON BUILDINGS IN OCOEE City Manager Shapiro said Building and Zoning Director Don Flippen's memo addressing the issues of the siding on our buildings was a concern of everyone. Mr. Flippen had contacted the contractors who have used the inner-seal siding within the City Limits of Ocoee. All of these contractors are aware of this situation and have assured staff they will not use this product again even if it is an approved product. Mr. Shapiro said this siding is not being used on the new City Hall and suggested a Code change. City Attorney Rosenthal said this was a particular product and if the City Commission takes action based upon complaints to ban a specific product of a specific manufacturer within the City and the Building Code which has been adopted relies on the Southern Building Code Congress which has specifically evaluated this product and determined that it works and there is nothing wrong with it , it would be a very significant step that he would have difficulty in recommending the City take. '-' 3 '-' Ocoee City Commission Regular Meeting February 15, 1994 Nancy Parker, 6748 Sawmill Boulevard, Orlando 32818, Sawmill Board of Directors member, and the owner of a home with Louisiana Pacific OSC inner-seal siding, explained the deterioration that had occurred on her house within two years of installation. She passed around small pieces of the faulty siding for Commissioners to see. She stated that she understood the City's hesitation in prohibiting the use of the product due to liability purposes, but if a builder cannot build it, a homeowner cannot maintain it, and a City building inspector cannot verify it has been installed properly then it should not be used. She said that citizens rely on the City as the first line of defense to make sure it is installed properly on homes. There are over a 100 homes alone in Sawmill, with others in Coventry and Forrest Oaks subdivisions with the same problem. The homeowners are currently dealing with Louisiana Pacific. Ms. Parker requested support in asking the Standard Building Code Congress to re-evaluate this product. City Manager Shapiro said this is a problem in other cities and may be country-wide. Many building officials have met concerning this issue and are having the same problem with the ability to remove it. '-' Carl Steen, 2614 Coventry Lane, Orlando 32818, said that he was experiencing the same deterioration of the siding with his 3 1/2 year old home, and he felt the siding was not holding up to State regulation. Mayor Vandergrift asked Ms. Parker to notify him when the Louisiana Pacific representatives were scheduled to be in town as he planned to attend in support of the group. City Attorney Rosenthal suggested the homeowners contact the State of Florida Attorney General's Office, Consumer Protection Division, because if it is a statewide problem, the CPD might be interested in getting involved. Mayor Vandergrift asked if the City could pass a generic Ordinance saying that no siding material on a house consist of glued, particleboard, or paper in the City of Ocoee. City Manager Shapiro suggested allowing the City attorney the opportunity to research the generic issue. Mavor Vandere:rift. seconded bv Commissioner Combs. moved to authorize the City Attorney. in coooeration with the City Building Official. to research a generic Ordinance as described above to be incoroorated in the Building Code. Motion carried 5-0. CONSIDERATION OF EMERGENCY RESPONSE RADIO LEASE RESOLUTION NO. 94-03, AUTHORIZING LEASE PURCHASE OF 800 MHZ RADIO EQUIPMENT - FIRE DEPARTMENT Administrative Services Director Beamer said the City had entered into a joint agreement in November, 1993 with Orange County for first response for fire rescue and basic life support. A part of this agreement was the coordination of the communication between the City and the County, effective through the use of County Dispatch. In order to be a part of the County Dispatch System the City has to utilize their 800 MHz equipment. The County will install the necessary repeaters and provide the base units but the City must provide the equipment necessary to be utilized within the City's two stations, ultimately adding additional stations as they come '-" 4 '-" Ocoee City Commission Regular Meeting February 15, 1994 on line, with the equipment necessary to convert the two existing stations and all of the rolling stock to the 800 system. City Manager Shapiro said the City is going to a first response system, to be dispatched by County, and in the County-wide system, the closest station will be dispatched by computer, whatever the situation. The result will be a better coverage of all the areas by everyone, and may result in the City not having to purchase special equipment in the future. Mayor Vandergrift asked if the City is paying for the dispatch service and City Manager Shapiro said there would be no costs as the payoff to the County is the ability for one to respond to the other. Fire Chief Strosnider said the City and County help each other. Administrative Services Director Beamer read the title of Resolution No. 94-03, authorizing lease purchase of 800 MHz Radio Equipment - Fire Deparment. Commissioner Johnson. seconded bv Commissioner Gleason. moved to authorize to (1) aporove the total funds of $86.977.08 from fire imoact fees all districts. (2) award the 800 MHz Radio Eauioment to Motorola oursuant to the Orange County Contract #Y3-139 in the amount of $87.382.83. (3) award the leasing agreement to Liberty National Leasing Comoany for five years for auarterly oayments in advance of $4.512.43 at 5.05%. (4) adoot Resolution #94-03 which authorizes the ourchase. and (5) authorize the Mavor and Citv Clerk to execute all necessary documents. Motion carried 5-0 '-' CONSIDERATION OF DISTRICT LINES City Manager Shapiro explained that the City was divided into districts for the first time in 1992 in response to the provisions of the Charter adopted in 1988, and that the Districting Commission had served for one year. As there has been some concern expressed regarding some neighborhoods being separated by district lines he had been directed to place this item on the agenda in order to get Commission direction regarding reactivating the Districting Commission to study the issue and recommend action. He said that the original Commission could be contacted to determine their willingness to serve in this capacity again and the expert from Tallahassee could be invited for a one time consultation, should Commission wish to proceed in this manner. Commissioner Johnson. seconded bv Commissioner Combs. moved to aoooint a District Commission to study the issue and recommend action. Motion carried 4-1. Commissioner Foster voted "nay. " CONSIDERATION OF REQUEST FOR GEOTECHNICAL ENGINEERING AND TESTING SERVICES CONTRACT MODIFICATION - UNIVERSAL ENGINEERING SCIENCES Administrative Services Director Beamer explained that, although the other two ranked firms approved at the January 4, 1994 meeting had signed the advertised contracts for geotechnical engineering and testing services, Universal Engineering Sciences has requested that their contract be changed to reflect a deductible of $75,000 plus an irrevocable letter of credit for $25,000 to meet the current City of Ocoee requirement of a $50,000 deductible for professional '-" 5 '-'- Ocoee City Commission Regular Meeting February 15, 1994 ~ liability. Ms. Beamer pointed out that in working out contracts for professional services in the past, the City had never really gone into specifics as to professional liability, but recent experiences with architectural firms and with soil testing caused staff to change their approach in reviewing the overall financial stability of a company in order to give the City the most protection. Staff determined a deductible of only $50,000 for professional liability to be appropriate and recommends maintaining the $50,000 deductible and denial of the formal request made by Universal Engineering Science. Ms. Martha Gianitsis, Universal Engineering Sciences, said the firm was requesting consideration of their request because complying would cost the company $10,000. She pointed out the company is financially sound and had record breaking sales and profits. Mayor Vandergrift questioned the amount of $10,000 for $25,000 worth of insurance and said it was very expensive insurance. He asked if it was to cover more people than just the City and if the firm was asking other people to do the line of credit. Ms. Gianitsis said this was only for the City. Mayor Vandergrift asked what might happen if the firm were to declare bankruptcy and City Attorney Rosenthal responded that the City would be technically named as additional insured, under all our continuing contracts. City Manager Shapiro expressed concern over the form and setting up specs. Commissioner Johnson asked if it was not the same as the other $25,000 (letter of credit as opposed to liability), adding the City wants to make sure the firm will have the amount of money. Mr. Rosenthal said insurance is on an occurrence basis so if you have had multiple claims you have the multiple coverage which you would not have with the $25,000 letter of credit. What he thought he heard Ms. Beamer say if there was a claim there would have to be an additional $25,000 letter of credit because the one on file would not affect it and would be used up. City Manager Shapiro said that the three firms had been asked if they were able to comply with all the provisions presented in the advertised proposal, they had responded that they could and now this firm is saying that they cannot. Mavor Vandere:rift moved to suooort the staff recommendation and reauire the $50.000 deductible. Motion died for lack of a second. Commissioner Johnson. seconded by Commissioner Combs. moved to acceot Universal Engineering Sciences' orooosal to include the irrevocable letter of credit in the amount of $25.000 for orofessionalliability and (uoon oromoting bv City Attornev Rosenthal) to aooroach the other two firms and give them the same oooortunitv so that the three contracts would be on eaual footing. At this point considerable discussion ensued regarding the costs of insurance and the fact that three firms had been approved instead of only two firms as recommended by staff. Commissioner Gleason. seconded by Mavor Vandere:rift. moved to table the issue to give Universal an oooortunity to reveiw the matter and decide to comoly with the City's advertised contract as the other firms had done. Mayor Vandergrift and Commissioner Gleason voted "aYe." Commissioners Combs. Foster and Johnson voted "NaY." Motion to table lost 3-2. More discussion ensued and the question was called for the original motion to accept Universals' proposal to change the contract that was made by Commissioner Johnson. Mayor Vandergrift ~ 6 ~ Ocoee City Commission Regular Meeting February 15, 1994 and Commissioner Foster voted "naY." Commissioners Combs. Gleason and Johnson voted "AYe." Motion carried 3-2. RECESS 10:10 - 10:20 P.M. Mayor Vandergrift called the meeting back to order. ~ QUARTERLY REPORT - FINANCE Administrative Services Director Beamer said the Finance Department has completed its evaluation and analysis of the FY 94 first quarter revenues and expenditures for Commission review. Ms. Beamer said a review of the first quarter comparison regarding what is budgeted, appropriated, received, and spent shows Expenditures versus Revenues currently even with capitol of purchases during the first quarter, and the revenues are exceeding expenditures. She said staff did not foresee any problems with current revenue stream, and overall from the capitol project side the City is spending money in the way that had been predicted. There are no overwhelming charges that are in any way much greater than had been anticipated. The demands on investments have been steady, therefore, strong interests proceeds have been coming in. Research is being done on the Expenditures side. All the new projects that Commission has recommended but not yet funded will be in place by midyear. Commissioner Gleason requested an update from Economic Development Coordinator regarding the building permit total for commercial which showed a zero (balance) in December. City Manager Shapiro said that would be forth coming. Mayor Vandergrift asked why the County was not giving the City their tax money. Ms. Beamer said the payments are being made on a monthly basis, and that any interest made is also received by the City. COMPREHENSIVE ANNUAL FINANCIAL REPORT - AUDIT FY1993 Administrative Services Director Beamer said the Water and Wastewater, and the Comprehensive Annual Financial Report audits had been unqualified. She said each year the full fiscal balance and processes had seen improvements. Mr. Elden McDirmit of McDirmit, Davis, Lauteria & Company had completed the independent audit of the governmental funds, proprietary funds, and trust funds for fiscal year 1992-93 and detailed the reports for the Commission. Commissioner Gleason said the report on the cover sheet, page four, item four, stated the City's computer system is very cumbersome and difficult to work with, not only for audit purposes but providing necessary data for staff on a daily basis and asked if this was a hardware, software problem or a combination. Ms. Beamer said it was a combination. City Manager Shapiro said the problem as explained last year was the need to look at a comprehensive plan, as the City is outgrowing their computer system, and the facility was not wired for clusters. Staff will be forthcoming with a plan to be included in the budget for the next year. Commissioner Johnson. seconded by Commissioner Combs. moved to aoprove '--' 7 Ocoee City Commission Regular Meeting '-' February 15, 1994 the Comorehensive Annual Financial Reoort for Fiscal Year 1992-1993 as presented. Motion carried 5-0. FIRST READING OF ORDINANCE NO. 94-02, REPEALING ORDINANCE NO. 90-80 AND ADOPTING NEW SAFETY MANUAL Second reading and public hearing scheduled for March 1, 1994 at 7:30 P.M. City Attorney Rosenthal presented Ordinance No. 94-02, repealing Ordinance No. 90-80 and adopting the new Safety Manual, by title only. City Manager Shapiro explained that Fire Chief/Safety Director Strosnider's memorandum points out as the City grows both the insurer and the City staff recommend an upgrade of the Safety Manual. Mayor Vandergrift announced the time and date of the second hearing. APPOINTMENTS TO BOARDS CITIZENS ADVISORY COMMITTEE OF ORLANDO AREA TRANSPORTATION STUDY - to replace Jim Gleason. (Tabled from February 1, 1994.) Commissioner Combs said Sam Woodson had been asked to accept the nomination at the December 7, 1993 meeting. Mr. Woodson had responded he might consider it after Christmas and has now consented to accept the appointment. Commissioner Combs. seconded by Commissioner Gleason. moved to nominate Sam Woodson to the Citizens Advisory Committee '-" of Orlando Area Transoortation Study. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Combs: 1) Thanked Ray Brenner for getting Orlando Avenue mowed. 2) Said he didn't want the issue of heavy trucks traveling Clarke Road to die. 3) Expressed concern over the left-hand turn light on Silver Star and Clarke Road. City Mana~er Shapiro said the State warrants at will. Mayor Vandergrift asked how the City can get a traffic count on A.D. Mims Road.+r 4) Said he had seen Orange County issuing tickets on Clarke Road but had not seen black/whites of Ocoee issuing tickets. 5) Asked if there were any updates on the Election issue. City Mana~er Shapiro said it is to be on the March 1. 1994 agenda. 6) Displayed a sign announcing that a new grandson, Brandon Michael, 9 lb. 3 OZ., 22" long, was born to his son, Michael, and daughter-in-law Tammy. He said there was a set of golf clubs waiting for Brandon when he turned "two." Commissioner Foster: Had no comments at this time. ~ . ~ . 8 ..,.~ n..u~ ~ o-tU Pl.. b. ~ . c~~ t. '\)l.~ cUtA> J:I,...u ~ J...i eo..> ........-nr- In' . ~01.' I . 't._ ~a .......n ~ ~ I.Jj ~ ~ *=4 t:.w..w ~~ '?' ~,,\GJNG.;O(-N ...,.....- . olu..A) ~ Q...) U:o:b f\4~' ~ i..o (l.; ~ D'\, ~ Ml o....ol, ~~ \ d.A.> ~ ~ ~OL a... ~ ~ kt...v 2,x...:tt.... ~ 3/, /1 <I- '-' Ocoee City Commission Regular Meeting February 15, 1994 Commissioner Johnson: 1) Asked the City Manager about uniform signs, like the one welcoming people to the City of Ocoee at Clarke Road/Colonial Drive, to be placed at all entrance roads into Ocoee. City Mana~er Shapiro said he will research the cost and bring: it back to Commission. He also said the lighting report is going to be a real eye opener. 2) Said the lights on Silver Star Road and Clarke Road should be addressed. Mr. Shapiro said the state will be doing a study soon. 3) Commended the Public Works Department on doing a great job around town, tree limbs, trailer parks are now filling cans up and it is looking better. 4) Asked if the sidewalk near the new building on Silver Star Road is wide enough. City Manaeer Shapiro said it is standard. looking narrower because the slope has not been filled in yet. 5) Said he had sent the Mayor's name in for the next Winter Olympic in the Luge division. .~ Commissioner Gleason: 1) Expressed concern for the children crossing from the south side of Orlando A venue and Harbour Highlands II, coming out of the Hammocks and Hallmark subdivisions and asked for a cross walk to be marked similar to those at Bluford and Ohio. City Mana~er Shapiro said the staff will look into it. 2) Requested an update from the Economic Coordinator after looking at the building permit chart in the Finance Department's Quarterly Review. Mayor Vandererift: 1) Said the minutes reflect that staff had not yet been directed to do a study on brick streets and he thought that he had given that direction. City Manaeer Shapiro said it will be included in the mid-year budget considerations. Asked if the Elections issue would be on the March 1, 1994 agenda. He had given some thought to going to Tallahassee regarding the $150,000 Withers-Maguire House Grant. Citv Mana~er Shapiro pointed out that a public hearing for the Comprehensive Plan has been advertised and scheduled for the next meeting and is scheduled before the DRl. suggesting: that he fly to and from Tallahassee on the same day. as the meeting was a very important one. Said the bi-word for Clarke Road is "fountainize" and would like to see more fountains in the City such as those around Windermere entrances. Commissioner Gleason said he preferred trees. Reported bad potholes at Geneva and Lakewood. Commissioner Combs said he had already talked to Ray Brenner about this. City Mana~er Shapiro said the Orlando A venue/Bluford A venue holes had been done once already but he will get them to do it again. 2) 3) 4) "" 9 '- ~ '-' Ocoee City Commission Regular Meeting February 15, 1994 5) Said he had attended the Pillsbury Academ/ where he had been presented with an honorary black belt in Tae Quan Do last evening. it ~ 0(..0 ., ){~-......> ~ ~ 'II..t.W ~A.o..".) ~ I. 6-Iu ~ III q&.t. ADJOURNMENT The meeting adjourned at 10:50 p.m. APPROVED: City of Ocoee " 10