HomeMy WebLinkAbout07-03-84
MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JULY 3, 1984.
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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.
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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.
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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
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MINUTES OF THE REGULAR SCHEDULED CQMMISSION MEETING HELD JULY 3, 1984
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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,
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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
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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.
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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.
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MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JULY 3, 1984
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COMMENTS FROM THE CITIZENS/PUBLIC
None.
COMMENTS FROM THE COMMISSIONERS
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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
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MINUTES OF THE REGULAR SCHEDULED COMMISSION MEETING HELD JULY 3, 1984.
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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.
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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.
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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
.
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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
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Mayor
A~&U'~ I~
Deputy City Clerk
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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/ /
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