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HomeMy WebLinkAbout07-03-84 MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JULY 3, 1984. . PRESENT: MAYOR ISON, COMMISSIONERS HAGER, LYLE, RODGERS, CITY MANAGER BURGESS, ASSISTANT CITY MANAGER GRIFFIN, CITY ATTORNEY RHODES, AND DEPUTY CITY CLERK JONES ABSENT: COMMISSIONER COOK CALL TO ORDER Mayor Ison called the regularly scheduled Commission Meeting to order at 7:30 p.m.. Mayor Ison then led those present in prayer, and in the Pledge of Allegiance to the Flag. APPROVAL OF THE MINUTES Mayor Ison asked for a motion to dispense with the reading of the minutes of the June 19, 1984, minutes and Commissioner Hager so motioned. COmnUs- sioner Lyle seconded the motion and the vote was carried unanimously. Mayor Ison stated that on page 4 of the June 19, 1984, minutes there was one small correction, as follows: The young lady that wrote the letter was Dawn Delaney. The fifth line down under the Newy Breland item. Commissioner Rodgers motioned to approve as corrected and COmnUssioner Hager seconded the motion. The vote was carried unanimously. COmnUssioner Rodgers motioned to dispense with the reading of the minutes for the Special Session Commission Meeting of June 21, 1984, and COmnUssioner Hager seconded the motion. The vote was carried unanimously. . Commissioner Rodgers motioned to approve the June 21, 1984, meeting as typed and Commissioner Hager seconded the motion. The vote was carried unanimously. OLD BUSINESS Concerning the Second Reading and Public Hearing on Ordinance number 786, Franchise for Cablevision, Commissioner Rodgers motioned to read the Ordi- nance by title only and COmnUssioner Hager seconded. City Manager Burgess read the Ordinance, number 786, by the title only. Assistant City Manager Griffin stated that a Mrs. Graver from the Twin Lakes area, called City Hall and spoke to Mr. Griffin and asked that he ask at this meeting for the es- timated time that the Cablevision would be installed in her area, the north side of Ocoee. Mr. Michael Lisman stated that the Cablevision would be in- stalled, in that area, in mid to latter February. Mr. Lisman also gave the City Manager a map showing the schedule of servicabi1ity for Cablevision for the Ci ty. At this point the Mayor called for the question for the motion to approve this ordinance and the vote was carried unanimously. . Concerning the second item on the agenda under old business, the first reading for the proposed ordinance on a varian~e/adjustment to the property in Rueben Kegler Subdivision, the City Attorney stated that he didn't feel that this item required an ordinance. Mr. Rhodes stated that he felt that during the second reading it could and should be proposed to be inacted a~ a resolution instead of an ordinance. The Mayor asked for discussion on Mr. Rhodes state- ment and Commissioner Lyle stated he proposed to scratch the proposed ordinance. Commissioner Rodgers asked Mr. Rhodes why he tho~ght a resolution would be more proper in this instance and Mr. Rhodes stated that the zoning ordinances didn't ~ page 2 MINUTES OF THE REGULAR SCHEDULED CQMMISSION MEETING HELD JULY 3, 1984 . call for an ordinance for this type of action. After some discussion be- tween the Commissioners, Mayor and City Attorney, it was agreeded upon to have the question of resolution or ordinance be brought out at the July 17, 1984 meeting. NEW BUSINESS The Mayor stated that he called a Special Session for July 12, 1984, . ' because he wasn't sure that there would be a quorum for ton~ghts meet- ing, because of two of the Commissioners stating that they might be on vacation. The Mayor also stated that anything that the Commissioners wanted to bring up tonight to shorten the Special Session would be in- order because there waS a quorum. Commissioner Rodgers stated that he intended to bring out quite a lot of items, because he felt .that the Commission was dragging their feet on some items and that he would do this when it came his turn to have the floor so that hopefully there would be no reason to have the July 12, 1984, meeting. REPORTS AND INFORMATION CITY MANAGER . The City manager stated that he had had a meeting with the represenatives of the William Steel .[ndustr!:J ,th~s day, at City IJall. Mr. Burgess stated that there was a question involving the zoning ordinance for I-2 Boninq; the uses under the I-2 zoning as follows: Building materials sales yard and lumber yard, including the sale of rock,sand,gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix. Mr. Burgess stated that the question came about because Williams Steel was planning to sell their building to a company that would be using it to make concrete products; meaning that they would have to have some method of mixing the concrete, there on the property. He stated that he wasn't sure of the intent of the zoning state- ment concerning concrete batch or transit mix. Mr. Burgess stated that he thought it was mean~ to be interpreted as zoning against transit trucks of concrete mix being brought in and out of a business. Mr. Bill Williams stated that the new company would have a section, inside of the building, to mix the concrete that they would need to do their bus- iness. Commissioner Rodgers asked Mr. Williams how much noise and pollution would be coming from the new business. Mr. Williams stated that there would be less noise and pollution than the Williams Steel IndustrJ produced. Commissioner Rodgers asked Mr. Williams again the question on whether the new company would be doing the concrete batch mixing themselves, there at the plant rather than transit hauling the concrete mix into the plant. Mr. Williams answered with a yes to Mr. 'Rodgers question. . After considerable discussion between the Commissioners, Mr. Williams, the Mayor and City Attorney, the consensus was that there seemed to be no problem in the new company buying the plant and doing their particular business especially since they would be bringing jobs into the City. page 3 MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JULY 3, 1984 . COMMENTS FROM THE CITIZENS/PUBLIC None. COMMENTS FROM THE COMMISSIONERS . Commissioner Rodgers stated that he was disturbed about the letter from the City Manager concerning his resignation. COnmUssioner Rodgers stated that twelve days had gone by since this-letter had been given to the Com- mission and nothing had been done to advertize for hiring a new City Man- ager. Mr. Rodgers stated that he considered this subject urgent and did not know why a Special Meeting had not been called. The Mayor then stated that at the meeting held on the 21st of June 1984, there were only two cOnmUssioners at that meeting when the City Manager gave the letter of re- signation and that they decided, at that time, not to act on it and that the Commissioners present and the Mayor had hoped that the City Manager would reconsider and come in the following week, to work, and withdraw his resignation. The Mayor then stated that any Commissioner had the auth- ority to go ahead and call a Special Meeting any time that they wanted to. Mr. Lyle stated that it had been his experience that when someone that was in a high position, tendered their resignation, that things seem to go down hill from then on and it was his recommendation that the COnmUssion appoint Mr. Griffin Acting City Manager and releave Mr. Burgess of his duties im- mediately. COmnUssioner Lyle also recommended to pay Mr. Burgess up to the 21st of July, 1984, and give him one month's severence pay. There was considerable discussion between the COmnUssioners on the recommendation that Commissioner Lyle had given. COmnUssioner Rodgers stated that he felt that Mr. Griffin might not have enough experience to handle the job and that he also felt that it could be detrimental to Mr. Griffin as far as his future if he could not handle the City Manager's position. The Mayor and the two other Commissioners disagreed with COmnUssioner Rodgers. After still more discussion on the subject the Mayor asked Mr. Griffin if he wanted the position as Acting City Manager and Mr. Griffin stated that he did. The Mayor stated that at the salary that the City was now offering that he didn't feel that they could obtain better qualifications than Mr. Griffin had and that he did feel that Mr. Griffin was qualified and would do a good job. There was discussiop between the COnmUssioners about advert- izing for a new City Manager and the consensus was to give Mr. Griffin the chance to show his abilities and then the decision could be made as to whether to keep Mr. Griffin as City Manager or advertize to hire a new City Manager with Mr. Rodgers not in agreement. Mr. Marvin Sanders stood and stated that he wanted to recommend Mr. Griffin for the position in ques- tion. Commissioner Lyle motioned to go ahead and put Mr. Griffin in as Act- ing City Manager and accept Mr. Burgess' resignation effective immediately. Commissioner Rodgers reiterated on his feelings that he did not feel that Mr. Griffin may be able to handle the job. COnmUssioner Rodgers then motioned to have Mr. Burgess start advertizing immediately for someone to be hired as the New City Manager. The motion died for lack of a second. There was considerable discussion on the fact that the other Commissioners and the Mayor felt that Mr. Griffin should be given the chance to prove him- self and the Mayor called for the question on Commissioner Lyle's motion. Commissioner Rodgers then stated that he had no problem with Mr. Griffin stepping in as Acting City Manager as long as the Commissioners agreed to go ahead and advertize for a New City Manager. The Mayor then called for the question again and COmnUssioner Hager seconded the motion made by COnmUssioner Lyle. The vote was carried in this manner: COnmUssioners Hager and Lyle . page 4 MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JULY 3, 1984. . voting yes and the Mayor stating that he was in favor of this motion, and Commissioner Rodgers voting ney, stating his vote was cast with the feeling that he did not have anything against Mr. Griffin and that he felt that Mr. Griffin had done an outstanding job so far but that he did not feel that Mr. Griffin was ready to take the City Manager's pos- sition completely, and that he felt that the COnmllssion had not gone through the due process. Commissioner Lyle stated that he wanted the Commission to address the subject of Mr. Burgess' severence pay. It was agreed upon to pay Mr. Burgess thru the 21st of July and to give him one month's severence pay. COnmllssioner Lyle motioned to give Mr. Griffin a 10% pay raise for the time being and COnmllssioner Hager seconded the motion. The motion was carried as follows: COnmllssioners Hager and Lyle yes and Commissioner Rodgers ney, stating he felt the pay should correspond with the position. The floor was then given back to COnmllssioner Rodgers and he asked Mr. Burgess if he was now ready to give a recommendation for the City Plan- ner position that was now open in the City. Mr. Burgess stated that he and Mr. Griffin were interviewing Friday for that position and that by the 12th there should be a recommendation for a computer. As far as the recommendations for City Engineer they will be forth coming. COnmllssioner Rodgers motioned, at this time, to accept City Attorney Rhodes resignation upon the acceptance of another attorney. Commissioner Hager seconded the motion and the vote was carried as follows: Commis- sioners Rodgers and Hager voting yes and Commissioner Lyle abstaining. . Commissioner Hager motioned to direct the City Manager to start advertizing for the City Attorney's position. COnmllssioner Hager seconded the motion and the vote was carried unanimously. Commissioner Rodgers motioned to approve the application from Mr. Hatcher for the position of City Attorney. The motion died for lack of a second. At this point there was considerable discussion on the meeting held between the City Officials and the Representatives for Forrest Oaks Subdivision. The Mayor wanted to commend the City Manager, Mr. Burgess, for the way that he handled this particular situation. Mayor Ison also commended the Water Superintendent, John Cockrell, for his handling of the Forrest Oaks situation. Commissioner Rodgers motioned to have, with all due respect to Mr. Burgess, and Mr. Griffin, a spot audit taken on the City books. Commissioner Lyle seconded the motion. The Commissioners discussed the idea and did take a vote to direct the Finance Director, Mr. Poston to check into the pos- sibility and the cost of having a spot audit and to have it done before the next meeting, if feasible. The vote was carried unanimously. . Mr. Griffin stated that he had just taken a complaint from a citizen, Mr. Charles T. Davenport, concerning Mr. Davenport giving a formal complaint to the Commission about the fact that he did not want a sidewalk in front of his house. Mr. Griffin stated that Mr. Davenport's address was 135 Lafayette Street and that there were very few houses without sidewalks there. Mr. Griffin stated that as far as the sidewalk and street resurfacing program went the sidewalks on Lafayette were to be replaced and renovated. Mr. Griffin . . . page 5 MINUTES OF THE REGULAR SCHEDULED COM~SION MEETING HELD JULY 3, 1984 stated the sidewlaks in the area were in bad condition. Mr. Griffin also stated that the sidewalks, especially in: this area, were being replaced to prevent the possiblility of having a law suit brought against the City. Commissioner Lyle recommended that the Comu.dssion duly note the complaint and go ahead and pour the sidewalk. The Mayor agreed for the reason that he had gotten several calls from citizens to have the sidewalks in because of the school children. Commissioner Rodgers com- mented that any sidewalk that was poured and put do~n is put down on City property and therefore the sidewalks belong to the City and are public sidewalks. Comu.dssioner Rodgers, at this point, gave a report on the bicycle motor cross race that was the first to be given at Vignetti Park on Saturday, June 30, 1984. He reported that there were one hundred and ninety nine riders of all ages in the race. He stated that the riders all favored the track and the race and stated that they would be back for the races that are to be every Saturday. Mayor Ison stated that he and some of the Commissioners had received phone calls from some of the Citizens and he wanted to be sure that this night being the eve of the Fourth of July that all of the City employees remember that the City employees were here to serve the Cit- izens with all do respect and courtesy. Commissioner Rodgers recommended that the City Manager hand out the three recommendations that had been chosenfor the new City Engineer. The City Manager handed out the brochures to the COmrnUssioners so that they could review them. Commissioner Cook's were to be mailed to her on Thursday, July 5, 1984. Mayor Ison asked if Mr. Burgess would be around on July 20, 1984, so that the City Employees could have a gathering for him and it was agreed upon to gather on July 20, 1984, 3:30 p.m., in the Community Center. Commissioner the motion. 9:45p.m.. Rodgers motioned to adjourn and Commissioner Hager seconded The vote was carried unanimously and the meeting ended at ~~~ Mayor A~&U'~ I~ Deputy City Clerk . . . CORRECTIONS TO THE MINUTES OF THE SPECIAL COMMISSION MEETING HELD JULY 3, 1984. Pg 1, Old Business, delete first and second paragraph and insert: Concerning the Second Reading and Public Hearing on Ordinance number 786, Franchise for Cab1evision, Commissioner Rodgers motioned to read the Ordi- nance by title only and Commissioner Hager seconded. The vote was carried unanimously. City Manager Burgess read the Ordinance as directed. Assistant City Manager Griffin stated that a Mrs. Graver from the Twin Lakes area, spoke to him and asked that he ask the COrrmllssion to give an estimated time that the Cab1evision would be installed in her area, the north side of Ocoee. Mr. Michael Lisman stated that the Cablevision would be installed, in that area, in mid to latter February. Mr. Lisman also gave the City Manager a map show- ing the schedule of servicabi1ity for Cab1evjsion for the Ctity of Ocoee. At this point COrrmllssioner Rodgers motioned to approve the Ordinance number 786 and Commissioner Hager seconded the motion and the vote was carried un- ,/-.-> animous1y. pg 4, Comments from the COrrmllssioners, third paragraph, line 5, delete computer and insert Planner. pg 4, paragraph five, line two, delete COrrmllssionerHager and insert Commissioner Lyle. ATTEST: 4~&"<".6 tJ~ ~ DEPU CITY CLER/ / J