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HomeMy WebLinkAbout12-19-95 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD DECEMBER 19, 1995 -...... CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the Commission Chambers. Commissioner Anderson led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel/Employee Relations Director Psaledakis, Building/Zoning Official Flippen, Planning Director Wagner, Recreation Director Beech, and City Clerk Grafton. ABSENT: None PRESENT A TIONS AND PROCLAMATIONS RECOGNITION OF CERTIFICATION - MARK BRACE, CERTIFIED PROFESSIONAL PuBLIC BUYER. Mayor Vandergrift recognized City Buyer Mark Brace who recently had qualified for accreditation as a Certified Professional Public Buyer. PREsENTATION OF CITY OF OCOEE WATCHES FOR 5 YEARS OF SERVICE. Mayor Vandergrift expressed appreciation to the following employees with 5 years of service with the City, and awarded City of Ocoee watches to them: ~ Building Department - Fire Department - Personnel Department - Police Department - Public Works - Recreation Department - Utilities Department - Eddie Hendrix James Kelley, Jr. Peggy Psaledakis, Debbie Bertling Brad Dreasher Judy Henry, Richard Jeunette Bruce Nordquist Ted Moore, Glen Brimer Employees with 5 years of service who were unable to attend the meeting were: Administrative Services - Building Department - Fire Department - Police Department - Public Works - Utilities Department - OTHER AWARDS '-" Lisa Strickland. Jim Washington, Eddie Hendrix. Dennis Trimble, Ken Minnick, David Whitaker, Joe Moy. Brad Dreasher, Billy Adams. Alice Tate-Barnett, Keith Keller. Jeanne Washington, Ernie Kovacs. \.,. Ocoee City Commission Regular Meeting December 19, 1995 Mayor Vandergrift recognized the following employees for achieving additional certification in the past year and congratulated them for their efforts: David Kinler - Bruce Nordquist - Buddy Elmore - Mike Keller - Cary Bertling - State of Florida, Department of Environmental Regulation "B" License - Wastewater Treatment Plan Operator. Certified Leisure Professional Provisional. Florida Water & Pollution Control Operators Assn Stormwater Level "C" and International Municipal Signs Assn & FL DOT Signs & Markings - Level 3. International Municipal Signs Assn & FL DOT-Signs & Markings - Levell. International Municipal Signs Assn & FL DOT-Signs & Markings - Level 4. The following also were recognized but were unable to attend the meeting: .,-, Kenneth Bruce} Donald Householder} Larry Miller} Dennis Curey} Mark Brownold - Gary Larson - Shelly Simon - Jim Washington - International Municipal Signs Assn & FL DOT - Flagging - Level 4. Re-Certified as Backflow Prevention Technician. Southern Building Code Congress International Plumbing Inspector. Southern Building Code Congress International - Housing Rehabilitation Inspector and Housing Rehabilitation Code Enforcement Officer Legal and Management. FL Assn of Code Enforcement Administrative Aspects of Code Enforcement/Level II. Southern Building Code Congress International - Mechanical Plan Examiner, Chief Mechanical Code Analyst, Chief Electrical Code Analyst, Commercial Combination Inspector, Electrical Plan Examiner, and Mechanical Inspector. Mayor Vandergrift read a letter from Joseph R. Wiebush commending Police Officer Simon for his professional manner in handling a traffic accident on November 28, 1995. .\.,.. 2 Ocoee City Commission Regular Meeting '-' December 19, 1995 ~ '-" CONSENT AGENDA The consent agenda consisted of item A. In response to Mayor Vandergrift's expressed concern over past incidents, Planning Director Wagner explained that an administrative review of all major items of the plan had been made to be sure that the plan conformed with the current Code. There had been no substantial changes. In response to Commissioner Anderson, Director Wagner said that the Commission had the option of making changes when the final drawing is brought before them again for fInal approval. City Attorney Rosenthal said the decision on whether or not to grant extension is within the discretion of City Commission. Mayor Vandersrrift. seconded by Commissioner Anderson. moved to aoorove item A of the consent al!enda. Motion carried 5-0. A. Approval and Authorization for Extension of Final Subdivision Plans for Olympia Cove PUD - South Villaee to December 19. 1996. COMMENTS FROM CITIZENS/PUBLIC Keith Wheaton, 92 Bexley Boulevard, presented a petition that had been signed by many Silver Bend Subdivision homeowners requesting that the connecting road to the south of their development (Natchez Trace) be closed as a means of egress thru their community to ensure the safety of their streets and their homes. Martha E. Lopez-Anderson, 1796 Cassingham Circle, and president of the Silver Bend Homeowners Association, also spoke in favor of closing Bexley Boulevard at the Natchez Trace Boulevard intersection. She said that she did not understand why there was an access at Magnolia Springs (in Orange County) and Natchez Trace, and stated that she would like to see a solution for Silver Bend and Magnolia Springs before the completion of the West Oaks Mall. Ms. Lopez-Anderson gave examples of vandalism resulting from the traffic through their subdivision. She said that Mr. Jerry Feinstein, developer for their subdivision, had told her that the access was not in the original plan, and that he had never been in favor of the opening of Natchez Trace at Bexley Boulevard. He said the master plan had originally included a divided median, which the City opposed. Commissioner Johnson said that he had voted against the opening, and the reason it was opened was the safety aspect, having to have two accesses for a subdivision. At the time part of the subdivision was not open at the other end, but now it is. Mayor Vandergrift moved to make a letter and other material presented by Ms. Lopez- Anderson as part of the record, and also proposed placing the topic on a January agenda. Commissioner Gleason announced later that the date for the next regular meeting would be January 16, 1996. City Manager Shapiro said that the agenda item would be put together with the issue being the perceived safety of their development vs. the standard policy of the City and how they can work both of them. Ms. Lopez-Anderson said that they were open for a gate and would give a key to the fire department and whoever else needs it, and said in response to Mayor Vandergrift that they were working on a Crimewatch group for their neighborhood. 3 '-' Ocoee City Commission Regular Meeting December 19, 1995 MISCELLANEOUS ANNOUNCEMENTS Mayor Vandergrift announced to the TV audience that the 1995 Christmas parade would be broadcast after the Commission meeting. He complimented the Police Department for raising approximately $12,000 this year for their Toys for Tots Program distribution and announced that there were a few Christmas trees still available at the Community Center. Mrs. Frances Watts, 43 Shell Key Court, expressed appreciation to the post office for collecting food, toys and money for distribution to needy people on each of the postal routes. Commissioner Johnson said that the post office had begun this program last year and had received a lot of satisfaction from their efforts to help others. PUBLIC HEARINGS SECOND READING: ORDINANCE No. 95-29, AMENDING ORDINANCE No. 91-08, RELATING TO GENERAL EMPWYEES' RETIREMENT TRUST FuND. This Ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro explained that, upon advice of their investment counselors, the General Employees' Pension Trustees were requesting authorization to change the investment policy to include up to 10% international securities in their portfolio. Discussion ensued about free world investments. '--" The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Johnson. moved to aoorove proposed Ordinance No. 95-29. amending the General Emoloyees' Retirement Trust Fund. allowing: the pension board to invest uo to 10% of their funds in international securities. Motion carried 5-0. PRELIMINARy/FINAL SUBDMSION PLANS - POZO SUBDMSION. Planning Director Wagner presented the staff report, and said that the Pozo Subdivision was a two lot commercial subdivision located at the N. W. corner of the Old Winter Garden Road and Professional Parkway. The property was zoned C-3, General Commercial District, which provides for a large variety of higher intensity business uses. An existing residence and storage warehouse is located on the western parcel of the subdivision. The property was split into two parcels a few years ago without benefit of a subdivision plan or plat, and the western parcel containing the existing buildings was sold to a different owner. As a result, neither owner has been able to obtain a building permit through the City until the land is properly subdivided and platted in accordance with the City Land Development Code. Director Wagner said that this combines the Preliminary and Pinal Subdivision Plans which will ultimately plat the property, and ultimately develop as well as possibly renovate the existing buildings. The Plans as presented allow each owner to proceed with separate site plans once a ~ 4 '-' Ocoee City Commission Regular Meeting December 19, 1995 plat has been filed. A Developer Agreement was also required prior to platting which stipulates certain improvements must be accomplished at the time of site development for each tract. Additionally, the Plans required the developer to dedicate an additional 27 feet of right-of-way along the Old Winter Garden Road for future roadway widening and intersection improvements. Mr. Wagner advised that at their regular meeting on December 12, 1995, the Planning and Zoning Commission voted unanimously to recommend approval of the Preliminary/Final Subdivision Plans for Pozo Subdivision including the Conditions of Approval as stipulated thereon. Based upon the unanimous approval of the DRC at their November 29, 1995 meeting and the Planning and Zoning recommendation, Staff recommended that Commission approve the Preliminary/Final Subdivision Plans for Pozo Subdivision as date stamped received by the City on December 1, 1995, including the Conditions of Approval as stipulated thereon. The public hearing was opened. ~ Jennifer Vibrol, State Farm Insurance Company, expressed concern over whether the entrance to the Pozo Subdivision would be opposite the State Farm entrance. Mr. Wagner responded that had not been settled yet. Discussion ensued regarding the right in/right out ingress/egress and the dangerous intersection. City Attorney Rosenthal suggested a possible solution would be an amendment to Note 2 on the Plan: ... "which review may include denial of access to Old Winter Garden Road. " Randy June, June Engineering Consultants, 71 East Church Street, Orlando, representing Mr. Pozo, the property owner, requested further consideration as denial of access to Old Winter Garden Road would severely limit the usefulness of the parcel. Upon further discussion it was agreed that right in/right out access would be a reasonable compromise if possible. The public hearing was closed. Commissioner Gleason. seconded by Commissioner Glass. moved to aoorove Proiect No. 94- 003 with the amendment added to the end of Condition of Aooroval No.2 "which review may include the limitation of access to a right-in and right-out only to Old Winter Garden Road. " Motion carried 5-0. RECESS 8:42 - 8:59 P.M. Mayor Vandergrift announced the Christmas decorations winners were located in Robert's Rise, Grovesmere, and West Harbour Court. '-' 5 Ocoee City Commission Regular Meeting December 19, 1995 '-' OTHER BUSINESS DISCUSSION RE: SPEED HUMPS IN RESIDENTIAL AREAS. City Engineer Shira gave the staff report. He described the difference between speed bumps and speed humps and noted the City Fire Department's concern for vehicle safety. Mr. Shira said also that, although there is no case law on this subject, he would be more comfortable if a liability case based on injuries or damage caused by a speed hump were settled with a finding that the municipality or county involved was not liable for those damages before the City initiated a program. He presented a Proposed City of Ocoee Speed Hump Program that incorporated the best points from both Seminole County's and Orange County's process. Following discussion, consensus was reached to direct Staff to come back with a proposal incoroorating the criteria from Seminole County's process. with a list of roads that are not collector roads. the estimated cost per road. a collective cost. and with options for financing (probably not MSTU). City Manager Shapiro said that the proposal should be ready early February . Mrs. Frances Watts, 43 Shell Key Court, said no one pays attention to the speed signs in Pioneer Key Park I, and that she is in favor of speed humps, but there are not many permanent residents there who could share the cost. ~ ESTABLISHMENT OF BUILDING AND DEVELOPMENT STUDY COMMISSION. Building Official Flippen said he would respond to questions regarding the staff report. Mr. Marty Lessor, 2637 Cedar Bluff Lane, listed the grief he and his wife have had with their house since purchasing it 5 years ago even though they have taken care of it and he said he was in favor of the study commission proposed by Mayor Vandergrift. City Manager Shapiro suggested that a brochure with information on how to build and how to buy a home in Florida would be helpful to prospective owners. Mr. Jerry Weeks, 103 Reese Court, talked about the statewide task force that had been organized regarding pest control and said they had hoped that the Southern Standard Building Code would be amended to accommodate the particular needs for different requirements for homes in Florida due to termites, etc. He encouraged Commission to do whatever it takes to protect the citizens residing here. A lengthy discussion ensued about termite protection. Ms. Jan Hall, Associate Director of Governmental Affairs for the Homebuilders Association of Mid Florida, said for the record that the Florida Homeowners Association, the Department of Agriculture, the Florida Pest Control Association, and the Department of Community Affairs are in the process now of addressing a piece of legislation that would allow them to specifically raise the state building code requirement on termite protection by rule adopting the regulations '-' 6 '-' Ocoee City Commission Regular Meeting December 19, 1995 developing from the nine person termite code committee that were designed, and she felt that for this City and this county to continue to address something that is a statewide issue and is already being done is not prudent use of money or time. Mrs. Beth Vandergrift, 2625 Cedar Bluff Lane, addressed Commission in favor of establishing a study commission to look into building codes in the City. She read a paper listing the well known problems with her home and the causes, and she acknowledged that she was not alone in those problems. A copy of her paper is on file. Ms. Frankie Callen, 621 East Central Blvd., Governmental Affairs Director for the Board of Realtors, suggested a change in the processes and talked about the responsibilities of the builder to the consumer. Mr. Don Carr, 826 Satin Leaf Circle, asked that Commission do something about the inspection situation and the codes. He talked about the drainage problem in his area and the premature deterioration of the homes in Sawmill. '-' Mrs. Nancy Parker, 6748 Sawmill Blvd., advised that she was a licensed realtor and qualified as a broker, and said it is the professional's responsibility to make the uneducated-uninformed buyer aware of what he is purchasing. She said she purchased her home as an educated buyer and still got stung. She listed many problems she had observed close around her home and abroad in the neighborhood. She noted the need for a task force to collect information and speak as one voice to make it known that such abuse must come to an end. After a lengthy discussion regarding the need for a task force and its guidelines, consensus was reached to have a committee. City Attorney Rosenthal pointed out that any group appointed by Commission to advise Commission on matters that may come before them for action, would be subject to the sunshine law, the meetings would have to be public, and be recorded, with minutes transcribed. When Mayor Vandergrift was ready to appoint Mrs. Nancy Parker to be a one woman task force Commissioner Glass suggested that, because of the sunshine law, it would be better to encourage her to go forward on her own and work through City Staff. City Manager Shapiro clarified: Mrs. Parker is to draw up what she believes to be the appropriate mix of this community, determine the appropriate things for them to look at, and work with Staff to generate some information to create a bill, law, or resolution that in turn will come back to this Commission to appoint the committee with. Included in that will be some discussions with Mrs. Parker after she has done this much, in order to calculate the cost. In this position she is a citizen assisting Staff to put together the proposal for the committee to include the goals and objectives and the makeup of the committee. Mrs. Parker will meet with City Manager '-" 7 Ocoee City Commission Regular Meeting December 19, 1995 ~ Shapiro, Administrative Services Director Beamer, Building Official Flippen and City Clerk Grafton. City Attorney Rosenthal suggested that the report should not be in the form of a resolution at first. Building Official Flippen said that he did not want Commission to go away thinking the City was falling apart, that in the five years he has been here he has been permitted to hire good and qualified inspectors. He recognized that in the past the inspectors had been understaffed and overworked. STAFF REPORTS None ....... COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Referencing City Manager Shapiro's letter to Orange County regarding sidewalks on A.D. Mims Road from Carriage Oaks/Forest Oaks to Johio, said he got a phone call regarding a child on a bicycle being hit, and asked that Mr. Shapiro follow up on the sidewalk question with the County. 2) Announced Robert "Papa" Duquette's death on Saturday, December 16, and extended sympathy to the Duquette family. 3) Said that he wants to schedule a workshop to discuss City Manager Shapiro's past performance evaluation along with his present and future performance. Commissioner Gleason. seconded by Mayor Vandersrrift. moved to schedule a workshop to discuss Mr. Shapiro's evaluation and the City Employee Survey on January 4. 1996 at 7:00 p.m. Motion carried 5-0. Commissioner Glass: 1) Extended sympathy to Mr. Duquette's family. 2) Asked Mr. Rosenthal for a progress report on the curfew issue. Mr. Rosenthal advised that study has been turned over to Mary Doty. who will report to Mr. Shapiro and he expected it should be ready by the February 6th meeting. 3) Expressed pride in the Withers-Maguire House and the way the Open House was conducted. 4) Wished all Happy Holidays. Commissioner Anderson: 1) Extended sympathy to Mr. Duquette's family. 2) Said he also enjoyed the Withers-Maguire House Open House. 3) Announced the RSVP number for citizens to call. 4) Expressed appreciation to Staff for the memoranda and information provided to him. '-" 8 '-' Ocoee City Commission Regular Meeting December 19, 1995 Commissioner Johnson: 1) Extended condolences to Mr. Duquette's family and also to Mr. Jim Gant's family. 2) Wished all Happy Holidays. 3) Announced that his fIrst grandchild is due any day now. Mayor Vanderl:fift: 1) Asked about the extension of Clarke Road. The plans are still being finalized. 2) Announced that this is the last night of TV coverage by Kooge's Crew (from Downtown Orlando finishing the year for the agreement with West Side Tech) and asked for volunteers. 3) Reported that the Christmas caroling/sing-a-long on Monday night at the Gazebo was fun. 4) Wished Season's Greetings to all. ADJOURNMENT The meeting adjourned at 11:40 p.m. Attest: CITY OF OCOEE Approved: 5-' ~ a,d'r-fl- s. Scott Vandergrift, Mayor '-' '-' 9