Loading...
HomeMy WebLinkAbout07-15-1969 I I I MINUTES OF THE REGULAR ~lliETING OF THE CITY COUNCIL OF OCOEE, FLORIDA, HELD JULY 15, 1969 PRESENT: Comm. Vandergrift, Reese, Stinnett, and Mayor Minor ABSENT: Comm. Miller Comm. Reese moved to adjourn recessed special meeting of July 7, 1969. Comm. Stinnett seconded the motion. No No's. Motion carried. Regular meeting called to order by Mayor Minor at 7:07 P.M. Comm. Stinnett moved to dispense with the reading of minutes from last council meeting. Vandergrift seconded. No No's. Carried. Comm. Vandergrift motioned all bills in order to be paid. Comm. Reese seconded the motion No No's. Carried. GENERAL FUND: Neal Dickens - Building Inspector Jewell Stoutenburgh - Clerk Jewell Stoutenburgh - Sick Leave Adron Claunch - Police Dept. William R. Hager - Police Dept. Teddie R. Hey - Police Dept. James G. Tenney - Police Dept. Leroy Turner - Police Dept. William Walker - Police Dept. Jimmie Yawn - Witness Fee A. & R. Office Machines - Office expense Edward G. Loughlin - Dispatcher Ethel Mills - Dispatcher Rupert Warr - Dispatcher Ouida Meeks - Dispatcher Ruth S. Minor - Asst. Clerk Carol J. cook - Dispatcher David L. Wahl - Dep. Refund Robert Anderson - Dep. Refund Leroy Turner - Police Dept. William Walker, Jr. - Police Dept. James G. Tenney - Police Dept. William R. Hager - Police Dept. Teddie R. Hey - Police Dept. Larry Chestney - Police Dept. O. A. S. I. Contribution Fund Myrtle Smith - Dep. Ref. Orell Cawley - Sante Dept. Jerry Carrier - Santo Dept. Otis ':;H ensley - Sant. Dept. J. I. Jernigan - Sante Dept. Gary Smith - Water Dept. Robert Keller - St. Dept. Ezra Ramsey - St. Dept. Dorsen Strickland - St. Dept. Roy Strickland - St. Dept. Otis G. Smith - water dept. Billy D. Hagen - Po+ice Dept. James D. Hood - Police Dept. Harold Sasser - Police Dept. Mary Hinds - Prisoners food Glenn Joiner & Son - Santo Dept. 119.00 349.72 566.69 173 .72 240.23 124.BO 155.20 247.18 174.40 3.00 50.00 141.63 135.10 33 .13 94.B3 13 5 . Bl 139 .30 6.78 3.77 20.87 13 . 59 12.81 IB.94 14.64 5.52 2,619.47 .50 70.62 55.66 75.05 7 S'. '10 50.40 76.26 65.00 " 3 Q.3 0 70.96 87.91 4.76 4.76 4.76 61.50 IB5.54 I Hughes Supp~y - Water Dept. H. M. Bowness Michael O~Connor - Lifeguard Roy White -Police Dept. W. Robert Helmick - water dep. ref. Carol J. Cook - police dept. Edward G. Loughlin - police dept. Ethel Mills - police dept. Leroy Turner - Police dept. Orell Cawley - santo dept. Jerry Carrier - santo dept. Otis Hensley - sant dept. J. I. Jernigan - santo dept. Gary Smith - water dept. Robert Keller - st. dept. Ezra Ramsey - st. dept. Dorsen Strickland - st. dept. Roy C. Strickland - st. dept. Otis G. Smith - water dept. Ruth Minor - severance pay Michael O'Connor - lifeguard Claude Lassetter - wat dep. rf. Leroy Turner - police dept. Florida Power Corp. Jimmy Yawn, witness fee W. M. Sanderlin Corp. ref. on bldg. Permit Ouida Meeks - dispatcher Myrta E. Sullins - water dep. ref. Rupert Warr - dispatcher Fred Daughtry - police dept. Roy White - police dept. Roy C. Strickland - street dept. Larry Waller - dep. refund Melvin McCreight - dep. refund Adron Claunch - police dept. William R. Hager - police dept. James G. Tenney - police dept. William Walker, Jr. - police dept. Teddie R. Hey - police dept. John B. Boyd - police dept. & dispatcher Carol J. Cook - dispatcher Edward Loughlin - dispatcher Ethel Mills - dispatcher Neal Dickens - building inspector Barbara Hooks - Clerk James T. Vandergrift - Fire Chief John T. Minor - Mayor E. P. Miller - Commissoner Nathan H. Reese - Commissioner William E. S~innett - Commissioner Scotty Vandergrift - Commssioner Orell Cawley - santo dept. Jerry Carrier - santo dept. Otis Hensley - sant~ dept. J. I. Jernigan - santo dept. Gary Smith - water dept. Robert Keller - st. dept. Ezra Ramsey - st . dept. Dorsen Strickland - st. dpt. Roy C. Strickland - st. dept. I I 1,043 .20 592.11 55.66 4.76 4.26 11.04 12.00 11.04 247.18 70.62 55.66 75.05 78.70 59.40 76.26 65.00 3 ~.3 0 70.96 87.91 61.64 55.66 4.91 50.00 1,382.43 3.50 2~.50 64.34 7.52 33 .13 4.76 4.76 70.00 1.40 9.00 198.72 210.13 165.42 174.48 167.30 22.72 13 9 .3 0 145.79 135.10 119.00 163 .76 47.60 47.60 23 .80 23 . 80 23 . 80 21.50 70.62 55.66 85.41 78.91 59.40 76.26 65.00 36.30 70.96 . " July 15, 1969 ~ 7 \(W~1Y1:-C;;;--- ~~ity -of ~e~~FI;id~-= ~\ ~en~e~of !!~O~ Hv;n~ --:::-- - ..---- =:... ---;- (""" - - ~ Dear Y~yor Nanor: With reference to your request of Thursday, July 10, 1969, for my resignation as City Clerk, this is to advise that said resignation will not be forthcoming. At the time you made the request, I felt I was entitled to a reason, since until then, there had been no indica- tion that my work was not satisfactory. You stated that the Commission did not have to give any explanation whatsoever. You also stated that three commissioners had asked you to make this request and it had not been initiated by you, nor did you have jurisdiction over City Hall. In this regard, may I call your attention to Chapter 10591, Section 12 of the City Charter. "The Mayor shall have power to suspend any officer of said corporation for misconduct in office, or neglect of duty, except Councilmen, reporting his action in writing, with the reason therefor, to the City Council at the next regular meeting thereof for its approval or disapproval. Should such City Council fail to approve his action such officer shall be reinstated." The City Clerk is an officer, therefore, I request that the Council follow the procedure as outlined in the Charter. May I also call your attention to Personnel Policies adopted by City Council, December 20, 1966, which states in part: "It is requested of all employees to conscientiously give a just number of .4 .' .. , ~ . .. .. .. ..) .. man hours to the City. Any employee who is found guilty of misdemeanor or infractions of City policy and orders under his department head or City Commissioner assigned to head his department, will be brought before entire body to be given a just and fair hearing to the satis- faction of the commission, then if found guilty, will be severely reprimanded. If it is necessary to bring an employee before the commission on a second charge, and if found guilty, will be terminated immediately with one weeks salary, less any monies owed to the City." For the past three years, this policy has been followed by the City in regard to all employees, and to my knowledge has not been changed. Therefore, I feel that my whole situation has been handled in a less than honorable way, and that the Council has a moral obligation under the Personnel Policies and a legal obligation under the City Charter to extend me the courtesy of a hearing before the Council members present. I ask this not only for myself but in the interest of developing a better employer-employee relationship. Unless this right is granted to each and every city employee, no one can feel he has any job security whatsoever. . Any refusal on your part to geve me a full and complete explanation for your action in requesting my resignation shall, without a doubt, be deemed an act of personal and political vengeance. Respectfully submitted, 9~-,~ )E::LLOL Jewell Stoutenburgh, City Clerk ,/f - I I I . ..... Otis G. Smith - water dept. Sam Oliver - water dept. Russell Mayhall - little league dept. Michael O'Connor - Iifeguard James T. Vandergrift - expanses for fire sbhobl 377.91 93 .33 3 5 .06 55.66 200.00 CEMETERY FUND: Russell Mayhall - Cemetery Fund Russell Mayhall - Cemetery Fund 3 5 .06 35.06 Mayo~~Qor asked the Clerk if there was any communication. Y~s. S~tenburgh stated she would like a letter read concerning the Mayors request for her resignation. Copy attached. Letter was read and Attyl Hamlin said if the Personnell Policies quoted were not in the form of an ordinance the Policy does not legally bind the City. Mrs. Stoutenburgh asked the Council forthe reason why she was being fired byt was not answered. She asked Council to have the books of the City audited as she does not want any sus- picion cast on her. Mayor Minor said we will grant you that no one on the Council has had any thought of mishandling of funds, also her honesty and integrity were not being questioned. Atty. Hamlin said if the Council were put in the position of having to debate on letting every employee go it would create wounds, Comm. Vandergrift stated if we were not going to go by the City Police we would have to have a motion to over-ride it, but first he wanted to know what were the qualms with Clerk, what are the complaints to release this officer. He was not answered. Atty. Hamlin brought a copy of two motions he was directed to prepare. He gave them to the Council to read and inst~,cted the one who making the motion to read it. Comm. Reese asked the assistant Clerk to read the motion aloud. Comm. Reese made the motion read by the secretary conserning doing away with the City personnel Policies. C~mm. Stinnett seconded the motion. Comm. Vandergrift said under discussion we are reducing to nothingness the employees standing and security with the City. He stated they may all resign if we are not to go by rules and etiquette. He said the Policy has worked before. He further stated that it was wrong to reduce of the highest officers of the CIty to nothing with no chance for a hearing. What are we going to do after we let her go. Are we going to set up the policies again, we should like to grow closer to the employees, we were going toward it b~t now we have taken a giant step backward. There is a just and a right way to do it and we should take care of this that way. Mayor Minor stated there sould be an ordinance drawn to set up policy. The one we have is three years and not binding on this Council. Comm. Vandergrift this firing was a personal vendetta, and that the city employees and officers should operate on 10% politics and 90% service. ~~yor Minor called for votes on Comm. Reese motion. Councilmen Reese and Stinnett voted AYE. Comm. Vandergrift voted NO. Motion was carried. Comm~ Stinnett read second motion prepared by Att. Hamlin and put it in form of a motion. Comm. Stinnett made the folloiring motion: I MOVE that in as much as certain member of the Council have evidenced displeasure with the manner in whichoour City Clerk has performed her duties that the City Clerk be asked either to resign , '-' I I I or that her serviees be terminated immediately and that she be given two weeks severance pay, effective today. Comm. Reese seconded the motion. r~:ayor Minor asked was there and discussion. Comm. Van- dergrift asked about the displeasure mentioned in the motion. He asked does the CityClerk have to give the Councilman peasure to stay on her job. No one answered him. He asked again why was the clerk being asked to resign and again no one answered. He asked why the recommendation for dismissal did not come from the Mayor. Mayor Minor stated a majority of the Council came to him and asked that the Clerk be discharged. Comm. Vandergrift asked was this in a council meeting. The ~myor replied, No it was not in a Council meeting. Mayor Minor stated he thought it was his place to tell the Clerk to resign and that it would have been the best and most polite way to handle the situation. He further stated the Clerks bookkeeping was up-to-date and there was no problem with that part of her work. Comm. Vandergrift stated he would like to give his compliments to the Clerk for the excellent job she has done but that his efforts in her behalf ap~eared defeated bofre it ever came to the Council meeting. He stated she came into a difficult job, she got an excellent system of bookkeeping set up and saved the City $5,000 the first year she was on the job. She has not complained abqut being called from.! home any hour of the night, winter or summer, and days off th type warrants, subpeonas, and also was on hand for all special and regular council meetinss and now because of someone being caused displeasure \'Te are ready to release her without a .l hearing. I think this is wrong whether it is Jewell, a police- man, a garbageman or any employee. Also who are we going to hire in her place. Mayor I-linor said we should vote on the motion before we disuuss the last question. Commissioners Reese and Stinnett voted Al1E. Commissioner Vandergrift voted NO. Motion vTas carried. ~~yor Minor read letter ofcresignation from Ruth lfdnor, assistant to CityClerk effective July 15tV. He asked her to reconsider as they were satisfied with her work but she declined. Motion was made 'Qy Comm. Stinnett to accept the resignation. Comm. Reese.". '.:,) f seconde& the motion. Comm. Stinnett, Reese and Vandergrift voted AYE.~ No NO"S. Carried unanimously. In other new business, Torn Ustler appeared for Phillips Petroleum Company in regard to some land they had bought from ~rr. Frank Fernandez. The land is on the SE corner of Highway 50 and Maguire Road; 200 feet on H~7 50 and 75 ft on ~mguire Rd. They desire to annex this land into the City of Ocoee. He stated the survey is up to date, the legal description is correct and he brought the building plans for the building inspection to look at. They plan to put up a new type Phillips station, noe of which have been built in Orange County, that will be red brick, black roof, 3 bay, 23 ft. back from right of way. They only want to annex enough land for the station as plans are imcomplete on use of rest of land. It may be used for motel or shopping center. They will want to annex the other land as they develop it. Comm. Vandergrift asked what commitments did they want from the City. Ivrr. Ustler replied nothing b~t City water. Comm. Reese said there was vlater lines on both sides of r-Iaguire Road. rJIr. Ustler said property would be developed according to site plans and spec- lfications and would go by the Southern Building Dode. Comm. Reese amde motion to prepare intent to annex papers for the property. - if I I I Comm. Stinnett seconded the motion. Councilmen Stinnett, Reese and Vandergrift voted AYE. No NO'S. Carried unanimously. Mayor lfLinor instnucted Atty. Hamlin to draw up annexation papers whereupon Atty Hamlin presented the desired papers to the ~~yor and said he had them already prepared as he had been in touch with the developers earlier in the week. Roger and Margie Freeman came before the Council t9 protest the loitering ordinance adopted last Council meeting. Roger asked what the City planned do With the Youth in this town if they are going to be arrested for gathering by the fire station to tak and buy cold drinks from the machine. Margie wanted to know who was res- ponsible for the article in the Sentinel calling the boys ~Hippie Type~. Police Chief Turner said no one insinuated all the boys were bad but you ,:have to apply the same law to all the boys. r.1rs. Freeman asked if they would set a specific time that the boys could stay uptown at night and leave them alone until then. Roger stated their group pf boys were not lawbreakers and just needed a place to go and talk. Comm. Vandergrift mentioned a plan used in Ft. Laud- erdale where they organized the boys and let them participate in police patrol. Roger asked that they be allowed to congregate and not be arrested if they were not breaking the law. Atty. Hamlin said they could not arrest anyone for just standing on the corner if he was not breaking the law as quoted in the ordinance in question and he, as City Atty. would not prosecute them if they were. Mayor Minor said they would call a Council meeting when all members could be present and the young people in town could meet with them and the. police and work out something satisfactory to all. 1,~s. Betty Hager came before Council and said that as a taxpayer she would like to know what Council planned to do for a City Clerk as no applications had been taken. That the job should be open to the public in general in Ocoee, that 'there are competent women and men inside the City limits who should have a chance at the job. Further, that it should oot be a cut and dried affair \'lith only one person considered for the position. She stated the entire situation was immoral and degrading to all employees 'of the City. She asked how many to\~ have personnel policiesunder ordinance. She stated she was a schoolteacher and their policies were not under ordinance but if they tried to treat her in any such manner without a hearing she vrould have every recourse under the law to find out why. No one replied to her question or suggestions. Comm. Vandergrift reported the dock on Starke Lake was in bad shape. He said it mould be fixed before July 25 when 1f~s. Carolyn Haight will take registrations for Red Cross swimming lessons to start July 28 and she will need the dock. The registratin is from 1 to 5 and the lessons from 9 to 12:30. After discussion it was decided to wait for Sam Oliver to get back from vacation and work out a plan to jet dovm new poles to replace the rotten one with high pressure water hoses. He also reported the ~ycees recreation departments soft ball league was playing every Wed- nesday in Winter Garden and that four teams were participating. Comm. Reese reported the water line on Clarcona Road was installed, also the fire plug and they expected several residents to connect to line. -1' . I I I Under unfinished business Comm. Vandergrift asked what we were going to do concerning vacations and holidays for employees since we had thrown that policy out. Comm. Reese stated we would use that section of the policy concerning vacations and holidays. Atty. Hamlin said the City needs a comprehensive policy for employees and he would call other City attys. and see what they used and look into the problem. Comm. Vandergrift stated what do we do in the meantime, we need something to go by now. Comm. Stinnett said, alright do you want to draw up a city policy right now, we'll work on it now. I just don't think we should make any hasty de- cisions without giving it more thought and I do have a right to say that. We run the City Commiss~on, not Scott Vandergrift. I think the sick leave part should be changed, that whole paragraph is crazy, we should not have let that street employee that left have all that sick pay and we all knew it when we_c were sitting here byt we let it go through. Comm. Reese said the Council should gpon record as seeing all employees get vacation and sick leave as described in the old policy until such time as we can draw up a new ordinance as the City employees are not pro- tected now. Comm. Stinnett said he would like to see the Council remodel the old policy. Comm. Reese made a motion all employees continue at same salary, same vacation, same days off and same fiick leave until new City ordinance can be drawn up. Comm. Vandergrift seconded the motion. Comm. Reese, Stinnett and Vandergrift voted YES. No NO'S. Carried unanimously. Comm. Stinnett reported ~trs. Foots Vandergrift had donated a new flag to the fire station. He would like the City to write a letter thanking for the flag given in memory of her husband. Comm. Stinnett put this im form of a motion. Comm~ Reese seconded the motion. Mayor Minor and Comm. Reese, Stinnett, and Vandergrift voted YES. No NO'S. Carried unanimously. Comm. Vandergrift under new business asked what are we going to do about a new clerk. Mayor ~dnor asked if the council had anyone in mind and mentioned a secretary at the high school who had applied for the Clerk job previously. Comm. Vandergrift said he would like to see applications taken. Comm. Reese made a motion to hire Barbara Hooks back, an experienced City Clerk and he had knowledge that she would take the job back. Gomm. Stinnett seconded the motion. Under discussion Comm. Vandergrift said he would like to make an ammendment to the motion making her a temporary employee until applications can be accepted to find a permanent clerk. Ammendment died for lack of a second. Comm. Vandergrift said he did not want to see the council make the same mistake in hiring a clerk in a hast manner and then have to through the''',same preceedure of firing a clerk as they had tonight. He said Mrs Stoutenburgh had resurected the bookkeeping system and had it "se~ up in the appro~~e manner and that until a bookkeeper could be found to carryon that system only a temporary employee should be hired, that Barbara may not be able to hack it under the new system and may be here only J or 4 months and then would have to go through the same hurt and anxiety as the Clerk that Council had just fired. Mayor Il1inor said Barbara had kept the books in her own way and the CPA sa recommended this other way. He suggested getting the CPA who works with the City to work with her several days to show her , " - I I I I. hOvl to keep the books and she would appreciate it. Atty. HaIi1lin J- said this was a good idea as the City has a good CPA on the payroll 3- Comm. Stinnett said the ''lork was too complicated for one person 'I, alone in the City Hall, as there was an awful lot to do and we ~ should consider 2 full time girls. He said he knew it was impossible G.to be pleasant to every person who comes in or calls when you are ," involved \n th balancing the books. He agree vlith Comm. Vandergrift that the Clerk is the City and should be the most important employee. ~,Mayor Minor said all employees are voted on in November by the new " mayor and commissioners and anyone could be voted out. Comm. -Vandergrift sUGgested making the chmice temporary until November and in the meantime advertise for employees and screen each one. co~~ Stinnett agreed the Council should hire someone to do the job in the manner it should be done. \Vhoever is here will be on . trial, he stated. ,~'Comm. Vandergrift said in large corporations hiring of relatives I,is not accepted and \nth Barbara there ,rill be 3 relatives on C~ty 'I' payroll, is this a good policy? Let's not make a hasty decision I," to use a phrase used by a councilman a fe,', minutes ago continued Vandergrift. Comm. Reese said Barbara should be hired at the same salary ~trs. Stoutenburgh got, which was $205.95 (?) twice a month. Comm. Reese made a motion that the City hire Barbara as Clerk and advertise for other he~p. Comm. Stinnett seconded the motion. Comm. Reese and Stinnet voted YES. Councilman Vandergrift ab- ; stained fro, voPing. M~tion was carried. for . IvIayor r....d.nor said since he ,,,,as going to be away /Comm. Reese to run an ad in the papers. Comm. Reese appointed Atty. Hamlin to run the loads. "~Atty. Hamlin said the City Enginaers were preparing a map with City ,limitsoutlined in red to post in public place before voting time. '"Comm. Vandergrift made a motion to propose the Countil meet every ~J'Tuesday as there was much business to take care of and the tax J)-roll was coming up and would take time. This would eliminate calling ~r,special meetings. This died for lack of a second. Comm. Stinnett said Fire Chief Vandergrift had been attending Arson 1. Seminars put on by the University of Fla. for the past 15 years in the Summer and this one ~nll be in Daytona Beach and theChief rwould like to attend during his vacation. There is a $30.00 ~registration fee and 4 days hotel bill. Stinnett madea motion to . send Chief Vandergrift to the meeting. Comm. Reese srconded the 'motion. Comm. Vandergrift, Reese andStinnett voted YES. No NO'S : carried unanimously. Atty. Hamlin said concering annexation of Roper property the Council did not have to read the papers 3 times just accept it and its in. Comm. Reese said are we bound and obligated if we vote to bring this in for them to put a fertilizer plant on it. Hamlin said we don~ have zoning, they can build anything they want except a trailer park. Also you cannot have piece-meal Z€8ing,if the plans meet the Southern Standard Bldg. Code. You have make the agree- ment before the property is annexed what:they want to use it for. He suggested having them submit their plans before passing on the ordinance also they should tell exactly what they are going to do with the whole piece of property or annex only 2 or 3 acres at the time as they show their plans. Mayor :f\:iinor asked Comm. Reese to contact C. H. Johnson about bringing the plans in. , ~ - I I I Comm. Stinnett made a motion to pay Ruth Minor one extra weeks pay. Comm. Reese seconded the motion. Comm. Stinnett, Reese, and Van- dergrift voted YES. No NO's. Carried unanimously. lf~yor Minor said to have Comm. Reese and Barbara Hooks sign a card to be taken to the bank so their signatures can be accepted on City checks. He instructed qhief Turner to post annexation papers on SE corner of Hwy. 50 and ~~guire Rd and 3 other places in town. Discussion was made on extra pay for policemen for the 4th of July. Comm. Reese made a motion to pay them for this holiday. Councilman Stinnett seconded the motion. Comm. Stinnett, Reese and Vander- grift voted YES. No NO'S. Carried unanimously. There being no further business Comm. Reese motioned to adjourn. Comm. Stinnett seconded the motion. Thereupon Council adjourned :~t::~:O~J~ Asst. ityClerk V~J , ,y bJ.~~)