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HomeMy WebLinkAboutItem E(05) Consideration of County Wide Compliance Review Board Interlocal Agreement aJI'~ OCOEE AGENDA ITEM COVER SHEET Meeting Date: 1-18-05 Item # .5 Contact Name: Contact Number: James Phelps (407) 905-3104 Reviewed By: Department Director: City Manager: /#JV --- Subject: County Wide Compliance Review Board Interlocal Agreement Background Summary: The Florida Building Code Act of 1998 created a unified state wide building code to be uniformly in effect throughout the state of Florida beginning January 1,2002. Section 553.37(4)(b)(7), Florida Statutes, required each county and municipality desiring to make local technical amendments to the Florida Building Code to establish, by interlocal agreement, a countywide compliance review board to review any amendment to the Florida Building code. Issue: Should the Mayor and City Commission approve the participation in the county wide compliance review board interlocal agreement and appoint the Building Official as the City of Ocoee's representative? Recommendations Staff recommends that the City Commission participate in the interlocal agreement between Orange County and the citiesltowns of Orange County to establish a county wide compliance review board to review local technical amendments to the Florida Building Code and in accordance with Section 2B appoint the Building Official as the local representative for the City of Ocoee. Attachments: Interlocal Agreement Financial Impact: Type of Item: (please marl< with an"xj Public Hearing _ Ordinance First Reading Resolution _ Commission Approval X Discussion & Direction For Clerk's Deof Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda ~ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed bv ( ) _ NIt: V X N/~ N/A Citv Manager Robert Frank c.enter of GOOd L. . ~ Commissioners Dannv HowelL District 1 Scott Anderson, District 2 Rustv Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: ers FROM: James A. Phelps, Building Official DATE: January II, 2005 RE: County Wide Compliance Review Board Interlocal Agreement ISSUE Should the Mayor and City Commission approve the participation in the county wide compliance review board interlocal agreement and appoint the Building Official as the City ofOcoee's representative? BACKGROUNDIDISCUSSION The Florida Building Code Act of 1998 created a unified state wide building code to be uniformly in effect throughout the state of Florida beginning January I, 2002. Section 553.37(4)(b)(7), Florida Statutes, required each county and municipality desiring to make local technical amendments to the Florida Building Code to establish, by interlocal agreement, a countywide compliance review board to review any amendment to the Florida Building code, adopted by local government, that is challenged by any substantially affected party for purposes of determining the amendments compliance with Section 553.73, Florida Statutes. This had previously been placed on the agenda for consideration. On April 8, 2002, the interlocal agreement was pulled by the Building Official and was asked to hold until further notice. INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY, FLORIDA, AND THE CITIES AND TOWNS OF APOPKA, BELLE ISLE, EA TONVILLE, EDGEWOOD, MAITLAND, OAKLAND, OCOEE, ORLANDO, WINDERMERE, WINTER GARDEN, WINTER PARK, AND THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, ESTABLISHING A COUNTYWIDE COMPLIANCE REVIEW BOARD TO REVIEW LOCAL TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE WIT N E SSE T H: WHEREAS, the Florida Building Code Act of 1998 created a unified statewide building code to be uniformly in effect throughout the State of Florida, beginning January 1, 2002; and WHEREAS, Section 553.37(4)(b)(7), Florida Statutes, requires each county and municipality desiring to make local technical amendments to the Florida Building Code to establish, by interlocal agreement, a countywide compliance review board to review any amendment to the Florida Building Code, adopted by local government, that is challenged by any substantially affected party for purposes of determining the amendment=s compliance with Section 553.73, Florida Statutes; and WHEREAS, the parties to this agreement, constituting local governments within Orange County, Florida, desire to preserve their respective abilities to make local technical amendments to the Florida Building Code, and thereby wish to establish a countywide compliance review board with the power, jurisdiction and authority to review such local technical amendments to the Florida Building Code, pursuant to Section 553.73, Florida Statutes; NOW THEREFORE, in consideration of the foregoing premises, the parties hereto agree to the following: Section 1. Incorporation bv Reference. The foregoing preambles are incorporated in and made a part of this lnterlocal Agreement. Section 2. Creation of Board: Comoosition. A. There is hereby created and established a countywide compliance review board to be known and designated as the Orange County Building Code Compliance Review Board, and hereinafter referred to as the Board. B. The Board shall consist of one (I) member appointed from and by each local government within Orange County, Florida, which is a party to this lnterlocal Agreement. Membership upon the Board shall be expanded to include one (1) member from and by each participating local government which hereafter participates in this Interlocal Agreement, subject to the provisions hereof C. Each participating local government shall, to the greatest extent possible, appoint a member with knowledge and expertise in building construction, fire safety standards and construction codes. D. The Board shall elect a chair who shall preside at all meetings, and a vice-chair, who shall serve in the absence of the chair. The chair and vice-chair shall be voting members of the Board. E. Members of the Board shall serve without compensation. Section 3. Adoption of Rules and Procedures: Minutes. A. The Board shall be entitled to adopt such rules and procedures as from time to time it shall deem appropriate for the proper conduct of its duties. B. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its hearings and other official actions, all of which shall be of public record. Section 4. Ouorum and vote reauired to approve an action. A majority of the active members of the Board shall constitute a quorum, and the affirmative vote of a majority of the active members shall be required to take an action and to declare a participating government's technical amendment invalid; but a smaller number may adjourn from time to time until a quorum is present. All Board members in attendance shall vote on all board actions, decisions and recommendations except when, with respect to any such member, there is, or appears to be, a possible conflict of interest, including, but not limited to, when an amendment of the Florida Building Code under review by the Board has been adopted by such member=s local government; in such case, such member shall abstain from voting and shall not be included for purposes of calculating a quorum as to that specific matter. Section 5. Powers of Board. Page 2 of 7 award! city/interlocal-agreernent The Board shall have the power to: (a) Adopt rules for the conduct ofits hearings; (b) Review any local technical amendment to the Florida Building Code, adopted by a local government within Orange County pursuant to Section 553.73, Florida Statutes, that is challenged by any substantially affected party for purposes of determining the amendment=s compliance with Section 553.73(4), Florida Statutes. Section 6. Appeals. If the Board determines an amendment is not in compliance, the local government may appeal the decision of the Board to the Florida Building Commission. If the Board determines such amendment to be in compliance, any substantially affected party may appeal such determination to the Florida Building Commission. Section 7. Withdrawal from Participation on Board. Any party under this Interlocal Agreement may withdraw from this Agreement and membership on the Board upon providing thirty (30) days written notice to the Board. Section 8. Additional Parties to Interlocal A2reement. Any other local government within Orange County, Florida may become a party to this Interlocal Agreement by executing a counterpart hereof and furnishing notice of execution and an executed copy of such counterpart to the Board, and shall thereafter be entitled to membership on the Board with the same rights, privileges, obligations and duties as if an original party to this Interlocal Agreement. Section 9. Miscellaneous. A. This Agreement may be executed in counterparts. Each copy shall be deemed an original, but all of them together shall constitute one and the same instrument. A facsimile copy of the Agreement and any signatures thereon shall be considered for all purposes as an original. B. This Agreement shall be binding upon and inure to the benefit of the respective parties. awardlcity/interlocal-agreement Page 3 of 7 C. This Agreement shall be governed by and in accordance with the laws of the State of Florida. D. This Agreement constitutes the entire agreement between the parties with respect to the specific matters contained herein and supercedes all previous discussion, understandings, and agreements. Amendments to or waivers of the provisions herein shall be made by the parties in writing. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below. ORANGE COUNTY, FLORIDA By Chairman Attest: County Clerk Date: CITY OF APOPKA, FLORIDA By Mayor Attest: City Clerk Date: CITY OF BELLE ISLE, FLORIDA By Mayor Attest: City Clerk Date: (signatures continued on page -5-) Page 4 of 7 award! city/interlocal-agreement TOWN OF EATONVILLE, FLORIDA By Mayor Attest: City Clerk Date: CIlY OF EDGEWOOD, FLORIDA By Mayor Attest: City Clerk Date: CIlY OF MAITlAND, FLORIDA By Mayor Attest: City Clerk Date: (signatures continued on page -6-) Page 5 of 7 award! city/interlocal-agreement TOWN OF OAKIAND, FLORIDA By Mayor Attest: City Clerk Date: CITY OF OCOEE, FLORIDA By Mayor Attest: City Clerk Date: CITY OF ORlANDO, FLORIDA By Mayor Attest: City Clerk Date: TOWN OF WINDERMERE, FLORIDA By Mayor Attest: City Clerk' Date: (signatures continued on page. 7-) Page 6 of 7 award! city/interlocal-agreement Attest: City Clerk Attest: City Clerk awardlcity/interlocal-agreement CIlY OF WINTER GARDEN, FWRIDA By Mayor Date: CIlY OF WINTER PARK, FLORIDA By Mayor Date: THE SCHOOL BOARD OF ORANGE COUNlY By Date: Page 7 of 7 AGENDA ITEM COVER SHEET Meeting Date: January 18, 2005 Item # Reviewed By: ~ Contact Name: Chief Richard Firstner Department Director: ],..Jw.Q. ...c- Contact Number: 407-905-3140 City Manager: , _ Subject: Commission's approval for Fire Department to transfer funds for the purchase of laptop computers (~D!s) Background Summary: The FY2004-05 budget approved $31,300 in account 001-522-00-6405 for the purchase of six (6) laptop computers (MOTs) and supporting equipment and software to be installed In Fire Department response vehicles. Issue: Due to improved technology and the decision to purchase more durable equipment, the actual current cost of the equipment is $35,850. This creates a shortfall of $4,550 in account 001-522-00-6405. Account 001-522-00-6400 approved $37,000 for1he purchase of station alerting systems. The actual amount paid was $29,016, creating an unencumbered surplus of $7,984 in account 001-522-00-6400. Recommendations Approve the transfer of the $7,984 sUrplus from account 001-522-00-6400 to account 001-522-00-6405. This will cover the $4,550 shortage for the purchase of the laptops (MOTs) and supporting software. It will also make an extra $3,434 available for any additional related costs that are not evident now. Attachments: None Financial Impact: Approval of this transfer of funds will not have any negative financial impact on the current approved budget. No additional funding is needed to support this request. Type of Item: (please marl< with an "xj Public Hearing == Ordinance First Reading Resolution X Commission Approval Discussion & Direction For C/8rl<'s Deot Use: Consent Agenda - Public Hearing == Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ~~p:f- X NJA NlA NlA centel of Good ltJ-. aa Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District :3 Nancy J. Parker. District 4 MayQr S. Scott Vandergrift City Mana{!er Robert Frank STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Richard Firstner, Fire Chief DATE: January 6, 2005 RE: Commission's approval for Fire Department to transfer funds for the purchase of laptop Computers (MDTs) ISSUE Approval for the Fire Department to transfer $7,984 from account 001-522-00-6400 to account 001-522-00-6405 for the purchase of response vehide laptop computers (MOTs). BACKGROUNDIDISCUSSION The FY2004-05 budget approved $31,300 in account 001-522-00-6405 for the purchase of six (6) laptop computers (MOTs) and supporting equipment and software to be installed in Fire Department response vehicles. Due to improved technology and the decision to purchase more durable equipment, the actual current cost of the equipment is $35,850. This creates a shortfall of $4,550 in account 001-522-00-6405. Account 001-522-00-6400 approved $37,000 for the purchase of station alerting systems. The actual amount paid for the systems was $29,016, creating an unencumbered surplus of $7,984 in account 001-522-00-6400. Approval of this bUdget transfer will cover the $4,550 Shortage for the purchase of the laptops (MOTs) and supporting software. It will also make an extra $3,434 available for any unexpected additional related costs that are not evident now.