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HomeMy WebLinkAbout07-16-85 THOMAS R. ISON TELEPHONE 656-2322 KENTON G. GRIFFIN MAYOR. COMMISSIONER CITY MANAGER e CITY OF OCOEE 150 S, LAKESHORE DRIVE COMMISSIONERS OCOEE, FLORIDA 32761 TERRY L. COX RALPH RODGERS July 12, 1985 JOHN BATEMAN VARD J. HAGER ORANGE COUNTY TO: Honorable Mayor and Commissioners FROM: Helen Catron, City Clerk SUBJECT: Follow-up Agenda from July 2, 1985 1. Send letters and have representative from Forest Oaks and City Engineer Miller present at the July 16, 1985 meeting. 2. Peach/Moxie Lake Drainage Project/ Public Hearing. 3. Courtesy Benches - Staff review e 4. City Staff meet with Orange County in reference to the Urban Service Area. 5. Possibil ity of Challenge to Orange County Ordinance for Sanitation Rate Increase. 6. Pioneer Key Park I I flooding; Staff research. e "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" . e e MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD JULY 16, 1985 PRESENT: Mayor Ison, City Manager Griffin, Louloudis. Commissioners Cox, Rodgers, and Hager, City Attorney Hayman, and Deputy Clerk ABSENT: Commissioner Bateman. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:30 p.m.. Mayor Ison then led those present in prayer and to the Pledge of Allegiance to the Flag. APPROVALS Comm. Cox moved to approve items 'a' through 'd' under the Consent Agenda, Comm. Hager seconded, and the vote carried unanimously. PRESENTATION AND PROCLAMATIONS APPRECIATION OF COMMUNITY INVOLVEMENT TO DAVE & GAYLE SNYDER Mayor Ison presented plaques to Dave and Gayle Snyder individually, for their active involvement in the community. Dave Snyder was the activity director for the YMCA for seven years. Mayor Ison then presented Ocoee hats to their two sons. PROCLAMATION 85-7; INTERNATIONAL YOUTH EXCHANGE DAY Mayor Ison proclaimed that International Youth Exchange Proclamation 85-7 aloud. 20, 1985 Mayor would Ison be read July Day. TOWN MEETING FOR BUSINESS MEN AND WOMEN OF OCOEE HELD 7-9-85 Mayor Ison stated the recap of the town meeting held on 7-9- 85 is available for information only. OLD BUSINESS CITY ENGINEER KELLEY Mr. Kelley informed the Board that they opened the bidding yesterday for the water line extension on SR 50, the 12" main extending from Marshall Farms Rd. to SR 50, across 50, then down to the doctors office. Mr. Kelley stated the low bidder was Mico Construction of Winter Park, they bid $82,500.00. Mr. Kelley recommended the Board award Mico Construction with the job. Mr. Kelley stated we need to get Topper Constructions committment of $15,000.00 contribution towards the water main reaffirmed. . e e e -~ CITY COMMISSION MEETING JULY 16, 1985 PAGE 2 Comm. Cox moved to award the bid to the low bidder, Mico Construction, who submitted a bid for $82,500.00. Comm. Hager seconded the motion upon the City Engineer's recommendation. Comm. Rodgers asked how many fire hydrants were going to be placed along the line. Mr. Kelley stated there would be one hydrant put at the end of the line. Comm. Rodgers asked if this was a budgeted item. Mr. Griffin stated the item was not budgeted. The motion carried upon a vote of 2 to 1, with Comm. Cox and Hager voting yeh, and Comm. ROdgers voting ney. STEVE MILLER ENGINEER FOR CITY - FOREST OAKS UPDATE Mr. Miller stated he comprised a punch list back in May, and they are still resolving problems. Mr. Miller stated their main progress since then has been the redrilling of the east well since it failed. Mr. Miller stated he did not have the test results back after the well was redrilled. Mr. Miller stated that he will be comprising another punch list for them. Mr. Miller stated their set deadline is August 1, 1985. The Commission asked about the pressure valves for surges in the line. Mr. Kurht is the design engineer. Mr. Miller assured that they will check it out as a problem area, then work out the Well, and we will find out. Mr. Miller stated the City would have a shake down period before final acceptance. HEARINGS ORDINANCE 837 BOLIN ANNEXATION Comm. Rodgers moved to have the second reading and public hearing on Ordinance 837, Comm. Hager seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance aloud by title only and pointed out the property on the map. Mr. Griffin stated Mr. Bolin is the only owner on the petition and he has stated he would like to have R-1A zoning for the north - south parcel, and leave the east - west parcel A-1. Mr. Griffin informed the Board that the County had voiced some concern, they think the Railroad should be annexed also. Mr. Griffin contacted Mr. L. B. Johnson with Seaboard R. R. and he stated they were not interested in being annexed into the City. Mr. Griffin coordinated with Mr. Kruppenbacher about this, Mr. Kruppenbacher advised Mr. Griffin to proceed with the annexation since we contacted the Railroad and they are not interested. Mayor Ison opened the floor for the Public Hearing. Mr. Meers, 4210 Durwood Dr., asked who would be responsible for keeping up the ditch. Mr. Meers expressed concern with the water management, the traffic along those roads, and the quality of homes which would be built on the property. Mr. Meers thought 1 house for every two acres ~ e e e CITY COMMISSION MEETING JULY 16, 1985 PAGE 3 would be O.K., but he did not want to see any apartments or rental houses around the area. Mr. Sam Holland, A. D. Mims Rd, expressed concern about the quality of homes which will be constructed and the traffic congestion these subdivisions will cause. Mr. Holland stated that Forest Oaks was alright as far as the homes and lot size, but recommended not lowering the value and standards of the homes in that area any more. Mayor Ison informed the citizens in the audience that the public hearing was for the annexation only, not the zoning, which can not be addressed at the time of the annexation. Mr. Eric Mashburn, 102 E. Maple St. Winter Garden, FL, was present to represent Mr. Jerry Masedes, who owns 10 acres, which backs up to the east - west parcel. Mr. Mashburn stated a high density project would be out of character for that area, considering the present standard of homes. High density would mean increased traffic, noise, and the City would have to provide additional fire and police protection. Mr. Yusuf MOhamad, 8642 A. D. Mims Rd., stated that he spent one million dollars developing his property, and he objects to a lower standard of housing and most of all the increased traffic. Mr.Mohammad stated he didn't object to the annexation, or developing the property, he just wants the standard to remain the same; one house on two, five or ten acres. Mr. Mohamad did not object to Forest Oaks, but he is objecting to the increased traffic the subdivision has caused. Mrs. Donald Joynt, 8668 A. D. Mims Rd., basically had the same comments. Ms. Sally Crow, Durwood Dr., stated they appreciated the quiet, and the spacious lots. Ms. Crow was opposed to the annexation, the increased traffic, and the possibility of more crime in the area. Ms. Crow proposed that Mr. Bolin was annexing in order to get the zoning he wants and, in her opinion the City of Ocoee would be easier to sway than the County. Mayor Ison informed Ms Crow that the City of Ocoee is just as tough on zoning changes as the County is. Mayor Ison informed that the current City Commissioners have not approved any zoning less than R-1A. Officially the Commission can not deny the annexation request because of zoning. The rezoning must come at a different time. R1A zoning is similiar to Forest Oaks subdivision, 1/4 acre lots, 10,000 sq. ft. for septic tank. Ms. Sharon Ilgenfritz also opposed the annexation, the smaller lot sizes, and lowering the standards in that area, and traffic increase. Mr. Bolin stated he understood part of the concern was the land use, the people do not want duplexes. Mr. Bolin stated they intend to rezone for R-1A, and they are not going to develop the back four acres. Mr. Bolin was aware of the 5% contribution towards recreation. Ms. Charlotte Cameron, 4029 Durwood Dr., asked how the Commission could guarantee there would be no more traffic, which in the long run effects the safety of their children. Ms. Cherie Walker also asked how the City could accommodate all the children with schools. e e e CITY COMMISSION MEETING JULY 16, 1985 PAGE 4 Mayor Ison informed them that we communicate with the Orange County School Board, copies of all preliminary and final plans get sent to the Board. Mr. Sam Holland stated that he was not against the annexation, but he wanted the standards to keep up. Mr. Bolin stated the homes he is proposing will have a 10,000 sq. ft. lot, and 1700 to 2000 sq. ft. living space. Mr. Holland said that would be O.K.. Mr. Mohamad asked Mr. Bolin why he wanted to develop the land, he was going to make some money and then be gone. Mr. Mohamad asked Mr. Bolin if he would be interested in selling the property to him. Mr. Bolin said he would consider it, but he was going to go ahead with the annexation. The County had the opinion that this annexation would not create an enclave. Comm. Rodgers stated he had reservations on the enclave and the Railroad right-of-way. Comm. Rodgers asked if Highway right-of-ways were treated the same as Railroad right-of- ways. City. Atty. Hayman stated she would have to check, but in the past they were treated differently. It seems that the railroad right of way is the key to the parcel being contiguous to the City, therefore if the Railroad r.o.w must be treated differently, then we must annex the Railroad r.o.w. first, in order for this parcel to be contiguous. Mr. Griffin stated that you can not use the railroad r.o.w. to annex a piece of property or deny annexation. Mr. Griffin received a letter from the County, Mr. Ed Williams, Planning Director, who said the railroad r.o.w. should be annexed if possible, they are not interested, Atty. Kruppenbacher said it didn't need to be annexed, and we do not own a railroad r.o.w. in the entire city. Comm. Rodgers stated this annexation would create an enclave. Per Mr Griffin's letter from the County, it does not create an enclave. Comm. Cox had concerns with the increased traffic, and stated the developer knew the intentions of the Commission. Comm. Cox stated that there was a question on why Mr. Bolin wants to annex, because of lower taxes, better Police protection and Fire protection. Comm. Hager commented that he felt between a rock and a hard place. He explained to the persons who spoke against the development; it is coming whether you want it or not, if it isn't Mr. Bolin it will be another developer. Our most valuable asset is children. Mr. Hager stated he would vote for the best for the City of Ocoee; not the developer, or Orange County citizens, but for the City of Ocoee citizens. Mayor Ison said at least our public hearings are exactly that, the people can state their minds. Comm. Rodgers moved to deny the annexation based on his concerns with the enclave and the Railroad right-of-way. The motion died for a lack of a second. Based on the City Attorney's recommendation to go ahead with the annexation even though the County asked we annex the Railroad right-of-way also, Comm. Cox moved to accept Ordinance 837, therefore approving the annexation. Comm. Hager seconded the motion, with the 11 e CITY COMMISSION MEETING JULY 16, 1985 PAGE 5 e stipulation that he hopes the area can be improved, and the discussion which has been brought forth is kept in mind. Mayor Ison asked City Atty. Hayman if there were enough Commissioners present to adopt the Ordinance. Atty. Hayman stated you need a quorum for Ordinances, although in order for it to pass you need all three Commissioners to vote unanimously. Comm. Hager then withdrew his second, based on the attorney's recommendation, and Comm. Cox withdrew his motion. Comm. Cox then moved to table the Ordinance until the meeting of 8-6-85, at which time the public hearing will be held, Comm. Hager seconded, and the motion carried with Comm. Cox, and Hager voting yeh, and Comm. Rodgers voting ney. Comm. Rodgers asked the City Atty. if we can table a public hearing without doing the advertising over again. Atty. Hayman stated, "At this time, I would say you need not do the advertising over, as long as you announce that the public hearing will be held at the next regular meeting." Atty. Hayman stated a motion to delay is not debatable. Mayor Ison asked that the question on the Railroad right-of- way and the enclave be answered in legal form by the City Attorney. ORDINANCE 838 AMENDING CHAPTER IV, SECTION 9, C-2 COMMUNITY COMMERCIAL DISTRICT APP. A e Under the City Attorney's interpretation of Robert's Rule of Order, you must have three affirmative votes to pass an Ordinance. Comm. Rodgers moved to approve Ordinance 838 for the second reading, Comm. Hager seconded, and the motion passed unanimously. City Manager Griffin read the Ordinance by title only. Mr. Griffin explained that this Ordinance originated from Comm. Rodgers concern about used car lots within the City; by enacting this Ordinance anyone wanting to open a new or used car lot, or new or used machine shop, or public garages would have to come before the Commission and get a special exception granted. Mayor Ison asked the public for their comments. There were no comments. Comm. Rodgers had a question with the rest of the C-2 zoning, which Mr. Griffin explained that the Commission felt it urgent to get this Ordinance passed and then consider the rest in a following Ordinance. Comm. Rodgers wanted to see all of it in one Ordinance, and asked if this was legal. Atty. Hayman explained that, with this Ordinance, we were changing a use into a special exception. Attorney Hayman stated in answer to Comm. Rodger's question, that you can amend the zoning classifications, but there may be a time period on it, which she will check. Mr. Bruce Beatty, Chairman of the Board of Adjustment, asked if these special exceptions would have to come before the Board of Adjustment. Mayor Ison stated, "No it means that the City Commission would have to be addressed in order for an occupational license to be issued." (See - e e CITY COMMISSION MEETING JULY 16, 1985 PAGE 6 attached letter). Mayor Ison then asked for a approve, disapprove, or table the Ordinance. made a motion to approve Ordinance 838, Comm. and the vote carried unanimously. motion to Comm. Hager Cox seconded, OTHER BUSINESS MODEL - DRAINAGE IMPACT FEE ORDINANCE - JOHN HOWELL - HBA Mr. Howell explained that this model is intended for structure and concept, not final form. The HBA supports the concept of new growth paying its own way, but they could not support the concept of an across the board impact fee. This Ordinance outlines a process by which the City Engineer or at the cost of the developer conducts a study to show what is required to correct a run off at another site caused by the devlopment of a certain property. When this is determined, it would be placed as a requirement on that developer as a condition of approval of his site plan, without compliance the developer would not build. The Ordinance also provides for an encumbrance to be placed upon the development in case the developer does not construct the outfall device and the City stepped in and constructed it. The present Subdivision Regulations have set rules for on site drainage improvements. This Ordinance is designed to cover the off site drainage improvements. Any building permit would be subject to these drainage requirements. Comm. Rodgers moved to recommend the staff to restructure this model Ordinance then send it to the City Attorney to get it in final form, Comm. Hager seconded, and the vote carried unanimously. CABLE TV RATE HIKE - PRIMA VISTA HOMEOWNERS; VERN COMBS AND TERRY MESSNER, CABLEVISION Mr. Van De Mark, Region Sales Manager, Cablevision, was here to represent Mr. Messner. Mr. Vern Combs, 310 Sabinal St., asked if there has been any rate hikes for Ocoee. Mr. Van De Mark stated Cablevision decided to grandfather in those that purchased the hand remote control units. Mr. Combs asked for a copy of that in writing. Comm. Rodgers asked why his wife has noticed about three rate increases, or additional charges for something. The last rate increase was April 1st, and there is no rate increases scheduled for this year. Mayor Ison asked who they file their rate increases with. Mr. Van De Mark stated the Cablevision Act of 1984 excludes them from any kind of regulation. The FCC regulates how much the City can collect from Cablevision for a franchise fee. Mr. Combs asked if the city ever received their advertisements from Cablevision. Mayor Ison stated the City has not, they agreed to give the City some additional public service announcements, and some programs such as Little League. Mr. ~ e e . e CITY COMMISSION MEETING JULY 16, 1985 PAGE 7 Nicholson, Cablevision, stated a study is being done, but as of yet they don't know. Mr. Griffin stated he received a letter, from Mr. Messner, stating nothing is positive at the moment, but they are considering putting a cable between the City complex and their building, consequently they will be able to film the Commission meetings etc. live, and they are planning on getting involved in the Ocoee Fun Day. Mr. Messner said Cablevision does not have the equipment at this time to do live broadcasting. Another suggestion brought up was to have the City Commission Meeting Agenda broadcasted. Mr. Van De Mark stated that would be hard as they are limited to 200 letters. Mayor Ison pointed out that no other City has their meetings broadcasted, so it unique for Ocoee. DISCUSSION OF BUILDING CLAY ROADS - MAYOR ISON. Mayor Ison pointed out that the City Manager has given the Commission a list of roads they may resurface, and there is a big cost difference between paving a road and resurfacing a road. Mr. Griffin stated there are no plans to pave any roads in the City at this time. Mr. Griffin stated it would cost $23,198.00 to pave Columbus St., $16,628.00 to pave the Mobile/Security Circle loop. Comm. ROdgers suggested Third Avenue and possibly the clay road on the west side of Cumberland Avenue between Floral and McKey St. be paved. Mr. Griffin stated if we were to pave that alley way, we would have to get surveyors in there to determine exactly where the alley is instead of the present road used. The alley way dead ends into the back of the church. Comm. Rodgers stated on Third St. the garbage trucks must drive on people's yards to get through because the rains have made the road impassable. Mr. Griffin did not dispute this although he stated Third St. only has 30 ft. of r-o-w. Mr. Hager asked the people if they would dedicate enough r-o-w for the City to go in and pave the road, consequently not one person wanted to do that. Mr. Griffin stated most of Third Avenue is in the County. Comm. Rodgers asked Mr. Griffin to work the figures on the alley way. Mr. Griffin asked the Commission to proceed with the Mobile/Security loop, as it is City property and a problem for City vehicles. It would cost $16,612.00 for 6" limerock, and 3" asphault. The utility easement runs on the west side. Mr. Griffin stated the loop could not be used only for City vehicles. Comm. Rodgers moved to pave the looping of Mobile and Security Circle, Comm. Cox seconded, and the vote carried unanimously. e Mayor Ison called for a break at 10:32 p.m., and the meeting reconvened at 10:49 p.m.. - NEW BUSINESS 7 ---- e e - e CITY COMMISSION MEETING JULY 16, 1985 PAGE 8 ADOPTION OF MUTUAL AID AGREEMENT- WINTER GARDEN PD & OCOEE PD Mr. Griffin explained that Chief Brandt and Chief Yawn have been working on this agreement. City of Winter Garden has already adopted same. City Atty. Kruppenbacher reviewed agreement and found it acceptable, it would benefit both cities. It is similiar to the Fire Dept. mutual agreements. There is a waiver of liability stated within the agreement. Chief Brandt felt comfortable with the agreement, it protects against civil liability, and he felt comfortable with the persons named to dispatch a vehicle to another city. Comm. Rodgers moved to approve the agreement, Comm. Cox seconded, and the vote was unanimous. CONCEPTUAL APPROVAL FOR ROAD CONNECTING MAINE ST. & MAGUIRE RD. LAKE BLANCHARD PROPERTIES Mr. Wagner explained that Lake Blanchard Properties is land locked, therefore the owner coordinated with the owner to the west, Mr. Colburn, and worked up a mutual agreement, which is reflected on the plat given to the Commission. Mr. Wagner stated the existing right-of-way of Maine St. is insufficient for a collector street, therefore they had to work out this agreement. Mr. Wagner stated he did not know if Mr. Kelley would have any objections, but if the Commission wanted to approve this request, they could make it subject to the City Engineer's approval. The Commission concurred that the developer must minimize any bricks coming off of Maine St., and get a agreement from Mr. Colburn that he will dedicate the remainder of the brick road to the City so that the bricks will not be removed at a later date. Gary Russell, the developer representing GBC properties, owns the R-3 site on the lake, and stated he is land locked with Mr. Colburn. There are no bricks contiguous to their property and he did not know Mr. Colburn's thoughts in reference to the bricks. Comm. Hager stated Maine St. is the oldest road that he knows about within the City and he would like it to stay there. Mr. Russell stated he will do anything to help maintain the brick road. Mr. Russell stated they are willing to bear the expense of putting the road in and getting the right of way. Mayor Ison asked Mr. Russell if he had any problem with leaving the bricks on his property where they are and giving us an agreement stating same and assisting the City in getting Mr. Colburn to do the same. Mr. Russell had no problem with the request. Mr. Russell will need a 60 ft. right-of-way. Mr. Russell explained that he would like an approval conceptually, as he has done all of the predesign, but does not want to continue with this if the Commission is against it. Mr. Wagner informed the Commission that a small portion of the bricks will have to be taken up to get the road in there. Comm. Rodgers suggested he run his road e e e CITY COMMISSION MEETING JULY 16, 1985 PAGE 9 from the south end of his property instead of the north end. Mr. Russell stated Mr. Wagner has a problem with that as it leads to a five point intersection. Mayor Ison summarized that Mr. Russell was to talk to Mr. Colburn and see if he will give the city a written legal agreement to preserve the brick road and possibly dedicate it to the City. REPORTS AND INFORMATION - CITY MANAGER MEETING AND COUNTY STAFF REF: RESERVE ANNEX AREA e Mr. Griffin pointed out the County's suggestion in reference to our reserve annex area. Mr. Griffin stated the meeting went well with the County, and he feels we could have a growing relationship with the County. The County had several reasons for their lines, which Mr. Griffin would explain at a later workshop meeting. Mr. Wagner felt the line should move more to the north, so the City can serve both sides of the road. Mr. Griffin stated the County is open for discussion, if the City Commission has a problem with the lines that they drew. Mayor Ison suggested letting the Commission look over the County's lines, study them and at the next regular meeting, August 2, 1985, setting a date for a Workshop to be scheduled. Comm. Rodgers asked the staff to talk over a realistic compromise with Orange County. LATE MAIL OUT BILLS Mr. Griffin explained that we mailed the water bills out late. On the 26th of June the computer crashed, and did same for three days in a row. NCR Computer Technicians came out, tried to figure out why it crashed, and worked very long hours trying to fix it. Consequently, we got behind with the bills, they were mailed out on the 11th of July. The technicians said they could change the due date on the bills but it would delay mailing the bills for another week, therefore Mr. Griffin opted to mail out with the wrong due date. Mr. Griffin informed everyone the bills would be due on July 25th, and the cut off date or termination date would be August 2, 1985. SPECIAL PUBLIC HEARING ON JULY 18, 1985 AT 7:00 P.M. It Mr. Griffin informed on July 18, 1985 at 7:00 p.m. would be a Peach and Moxie Drainage Outfall Project public hearing. there special RE-CAP OF THE FOLLOW UP AGENDAS Mr. Griffin stated they have been receiving them in their packets, and will try to update them each meeting. The June - e . CITY COMMSSION MEETING JULY 16, 1985 PAGE 10 18, 1985 meeting recap: 1. Report on Comprehensive Land Use Plan from the State. Mr. Griffin stated the City Atty. and he are still getting informational packets and brochures from several different levels. We plan on having a staff meeting early in August, hopefully by that time the influx of information will slack up, then they will bring it back before the Commission the second meeting in August. 2. Situation with the Lassiter Fees. We have a meeting on Thursday to discuss that situation with the Lassiter people. 3. Peach/Moxie Drainage meeting. Public Hearing, July 18, 1985 7:00p.m. and the bid opening will be at 10:00 a.m. that morning so we will have the numbers of how much it will cost. We will not be able to announce who will be awarded the bid, as the Commission decides that. 4. Pioneer Key Park II Drainage problem. We submitted a staff memo on the problem, and then the Commission decided to have Mr. Kelley look into this further. 5. Cablevision Industries - They were here tonight. Recap of July 2, 1985 is as follows: 1. City Atty. research franchise with Bellows Advertisement Co. Mr. Kruppenbacher stated the franchise the Commission awarded to Bellows is an exclusive franchise which expires in September, upon the City giving written notice to Bellows. Mr. Kruppenbacher recommended the Commission to permit Bellows to continue until September and then let the franchise expire, and withhold granting any other party authorization for placing benches until September, when you can look at the whole situation. Mr. Griffin stated the staff met with Orange County on Friday the 12th of July. 3. Sanitation Rate Increase Ordinance - County. Mr. Kruppenbacher and Mr. Lang advised the possibilities of challenging the Ordinance were not in the best interest of the City, as there are no legal grounds to do anything. CITY ATTORNEY Mr. Kruppenbacher had a report for the Commission on the removal of unsafe structures within the City. We need to change the code and clean it up. Mr. Kruppenbacher recommended that Mayor Ison direct the staff coordinating with the City Attorney to work on it right away and bring it back at the next meeting. Mayor Ison instructed same. COMMENTS FROM CITIZENS/PUBLIC There were no comments from the public. COMMENTS FROM COMMISSIONERS Due to the hour, Comm. Cox and Comm. Hager had no comments. Comm. Rodgers asked that the budget workshop set for August 5, 1985 at 7:00 p.m. be changed to another night as he will . e e CITY COMMISSION MEETNG JULY 16, 1985 PAGE 11 be on vacation. Mr. Griffin apologized and the workshop was scheduled for Thursday, August 8, 1985, at 7:30 p.m.. Comm. Rodgers stated the other thing he had was the document they received on the administrative hearing for Officer Tony Vick who was terminated. Comm. Rodgers pointed out that there is a difference between the action of the City Manager and the Merit Board's recommendation. This document is very serious, its dealing with a human being and his career. In law enforcement, if you are terminated you will have a very slim chance of ever getting hired in another law enforcement agency as the termination is recorded on your record in Tallahassee. Comm. Rodgers questioned whether the Merit Board felt he was guilty or innocent, and before the Commission takes any action the Commissioners should get transcripts of the meeting. Mr. Griffin explained that his intentions are on the bottom of the cover page, which is the document that the Merit System Board received prior to their meeting last night. Mr. Griffin explained that the minutes were being transcribed all day up until about 7:25 p.m. tonight. The Merit System Board did not make a decision on the guilt or innocence of Mr. Vick. Comm. Rodgers stated prior to getting the minutes, he would like to see Mr. Vick put back on the payroll, for insurance reasons, and be reinstated. Comm. Rodgers would like to see the Merit Board make a decision on the innocence or guilt as he would have some reservations about the severity of the punishment given to him, even from the Merit Board's recommendation. It is not fair for him or his family since the Merit Board has recommended he be reinstated, is there any way we can get him reinstated, in maybe an administative position rather than his regular duties. Mr. Kruppenbacher was not sure the Commission has the authority to invade the province of the City Manager, with respect to this decision. Mr. Kruppenbacher also questioned whether the Commission could without having received a challenge back from the employee, or the proper paperwork. Mr. Kruppenbacher did not think they could do anything. Comm. Rodgers then asked the present status. Mr. Griffin explained that the Merit System Board recommended Mr. Vick be placed on a suspension without pay status, effective 7-8-85 for two weeks, and a probationary period of 3 months with reduced responsibilities and duties. If Mr. Vick completes this satisfactorily then he will go back to his original status. Mr. Griffin stated he was going to do what the Merit System Board recommended. Mr. Kruppenbacher explained that no later than the Merit System Board's next meeting they will submit a report to the Commission stating the grievance, summarize the findings, and give the decisions and recommendations. This report along with a report from the City Manager, giving his recommendations, and the minutes, the Commission will make a final decision at its next regular meeting. Mr. Griffin 1 1 e CITY COMMISSION MEETING JULY 16, 1985 PAGE 12 stated as soon as we get the minutes done, we will ask the Merit System Board to have a meeting to approve the minutes, and formalize their decision and recommendation. At that time we will provide that copy to the Commission immediately. At that meeting, the Commission will act upon the issue. Mayor Ison reminded the Board that there will be a hearing down at the Orange County Planning and Zoning on July 18, 1985, concerning some property on White Road immediately east of Sleepy Harbor and across the street from Harbour Highlands at 10:00 a.m.. The meeting was adjourned at 11:48 p.m.~ ?-~ MAYOR IS ON ATTEST ... ~J~~~~ ~ DEPUTY CLERK ULOUDIS e 1 ') THOMAS R. ISON TELEPHONE 656-2322 KENTON G. GRIFFIN MAYOR. COMMISSIONER CITY MANAGER e CITY OF OCOEE 150 S. LAKESHORE DRIVE COMMISSIONERS OCOEE, FLORIDA 32761 TERRY L. COX RALPH RODGERS July 26, 1985 JOHN BATEMAN VARD J. HAGER ORANGE COUNTY MEMORANDUM TO: HONORABLE MAYOR ISON, AND CITY CCM-1ISSIONERS FROM: KEN G. GRIFFIN, CITY MANAGER SUBJECI': ORDINANCE 838 At the Canmission Meeting of 7-16-85, under the topic of Ordinance 838, Am:mding Chapter IV, Section 9, C-2 Canrmmity CoImercial District App. A.. Mr. Bruce Beatty asked if the special exceptions would have to CClIre before the Board of Adjustment, he was told that the exceptions would come before the Carrmission. According to the way Ordinance #838 is written the request would have to go before the Board of Adjustnent, prior to the Ccmnission. The City Attorney is researching this further. e . "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" I J