1996-04-16 Regular Meeting123
A. Call Meeting to order on April 16, 1996 at 7:00 p.m.
B. Invocation offered by Reverend Hart.
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Michael G. O'Connor
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
Mayor Kirk called the regular meeting to order on April 16, 1996 at 7:03 p.m.
Council Member Dowling Watford offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
D. Motion to dispense with the reading and approve the Summary of i Council Member O'Connor moved to dispense with the reading and approve the
Council Action for the Regular Meeting of April 3, 1996 and the City Summary of Council Action for the regular meeting of April 3, 1996 and the City
Council/Citizen's Advisory Committee Workshop Meeting of April 8, Council/Citizen's Advisory Committee workshop of April 8, 1996; seconded by Council
1996. Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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1.
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APRIL 16, 1996 - REGULAR MEETING - PAGE 2 OF 10
E. NEW BUSINESS
Motion to approve Bettye Taylor as a new Police Officer -III Council Member O'Connor moved to approve Bettye Taylor as a new Police Officer;
Police Chief. seconded by Council Member Oliver.
Council Member O'Connor commended Chief Mobley on his recommendation to hire
Mrs. Taylor, she has been a member of the City Police Auxiliary for twelve years.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
2. Motion to approve a Surveying Agreement between the City Council Member Watford moved to approve a Surveying Agreement between the City of
of Okeechobee and DeHays Design in the amount of11 Okeechobee and DeHays Design in the amount of nineteen thousand, nine hundred fifty-
$19,952.00 - City Administrator (Exhibit 1). two dollars ($19,952.00); seconded by Council Member Oliver.
Administrator Drago responded to Council Members questions that this agreement with
DeHays Design for surveying on the Downtown Grant is under the amount he estimated
it to be. From information he gathered fifty thousand is what they were expecting.
DeHays Design, being a local company, they wanted to give something back to the
community and are only charging what it is going to cost them to do the survey. He
further explained he would be using the City's matching funds to pay for this agreement
not the State's portion of the money. He also noted that they will be surveying the entire
downtown area so that when the City can move on to North Park Street the surveying will
be complete.
Council Member Watford asked what article ten meant? Administrator Drago responded
that DeHays cannot use a City official to lobby for this contract, he also advised the
language for the contract came basically from the State.
Council Member Oliver questioned why it would take six months. Administrator Drago
explained it takes time because of weather and what days the plane fly's to do the
aerials.
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_. NEW BUSINESS
2.
3.
APRIL 16, 1996 - REGULAR MEETING - PAGE 3 OF 10
Motion to approve a Surveying Agreement between the City III Vote on motion:
of Okeechobee and DeHays Design continued.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED
Hear from Mr. Tom Conely regarding the revision of a City Attorney Tom Conely, representing Mr. Danny Entry addressed the Council stating that
Ordinance - Mr. Tom Conely (Exhibit 2). his client would like the Council to consider amending a City Ordinance prohibiting the
�, e of alcoholic beverages within seven hundred feet of property owned or utilized by
any established church, school or child care center by either reducing the footage
amount, eliminate churches or some other compromise to allow a mechanism that would
allow it on a case by case basis.
Attorney Conely further explained that his client would be selling the property and the
buyers want to know if the City Council would consider amending the ordinance. If the
Council will, they would attend the next meeting with a presentation of their proposal.
Council Member Watford advised that he would have to abstain from any voting on this
matter because his property is also involved in the proposal, but according to Attorney
Cook he would be permitted to participate in the discussion.
Council Member O'Connor asked Attorney Conely if anyone would be consuming the
alcoholic beverages on the premises? Attorney Conely advised they would not be, just
the selling of it.
Council agreed to hear the proposal and consider amending the ordinance. Administrator
Drago was instructed to put an item on the next agenda for Mr. Conely.
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E.
APRIL 16, 1996 - REGULAR MEETING - PAGE 4 OF 10
NEW BUSINESS
4. Motion to approve a Storm Water Replacement contract in Council Member Watford moved that we approve a Storm Water Replacement contract
the amount of $87,237.00 to Sheltra & Sons Construction., in the amount of eight -seven thousand, two hundred thirty-seven dollars ($87,237.00) to
Inc. - Director of Public Works (Exhibit 3). Sheltra & Sons Construction Co., Inc. along Southwest 8th Street; seconded by Council
Member O'Connor for discussion.
5. Discuss Employee Handbook - Mayor Kirk.
The amount budgeted for this project was forty-five thousand dollars. In Exhibit Three
there is a letter from Lawson, Noble and Webb, the City's Civil Engineers, explaining why
the amount was higher than the amount budgeted. After lengthy discussion between the
Council, Administrator Drago and Public Works Director Elders, Council instructed
Administrator Drago to send Lawson, Noble and Webb a letter with their concerns that
the bid was twice the amount the lowest bid came in at and that their reasons listed in
their letter were not acceptable. This should not happen again; and from now on when
a bid award is scheduled, a representative from their firm is to be in attendance to
respond to Council's questions.
The Council also asked if this would correct the problem. The Public Works Director
responded that it should, that the project should take thirty days start to finish and should
start in approximately ten days.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED
Mayor Kirk requested the Council go through the proposed employee handbook page
by page and if anyone had comments on that page address them then.
Chapter One, The Form of Your City Government. Mayor Kirk requested that in the
second sentence "Mayor" be stricken since the mayor is not elected but appointed by the
Council. Council agreed.
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APRIL 16, 1996 - REGULAR MEETING - PAGE 5 OF 10
NEW BUSINESS
Chapter One - City Departments. Mayor Kirk requested that the description of each
5. Discuss Employee Handbook continued. department from the City Code be used here. Following discussion, Council agreed to
keep the brief descriptions as presented and reference each department by their section
in the Code Book.
Chapter One - City Departments - Fire Department, "emergency medical services" should
be deleted even though our firefighters are emergency medical technicians (EMT), and
if they were the first ones on a scene they could revive a person.
Chapter One - City Departments - Public Works Department. Change the word division
to department.
Council requested the Building and Zoning Department description be reworded and left
in under the General Services Department since the City now provides this service.
Chapter One - Equal Emplovment Opportunity Affirmative Action Plan and Sexual
Harassment Policy. Attorney Cook advised that Clerk Thomas had furnished him with a
copy of the Okeechobee Utility Authority's policy on these three items and thought they
could be implemented into the City's's handbook. Council agreed.
The Council then discussed the flow chart for a chain of command. Clerk Thomas was
instructed to revise it as follows:
Citizen's of the City of Okeechobee at the top; Governing Body (City Council) under the
citizens; City Clerk under the citizens and out to the right side of the Council's box
because even though the City Clerk does not report to the City Council or City
Administrator the Clerk position is the Secretary to the Council, prepares the minutes
of their meetings and other duties prescribed by them. Directly under the City Council
box would be the Finance Department, since it reports directly to the City Council; and
next to it also under the City Council is City Administration, then the City Attorney. Public
Works, General Services, Fire and Police Departments would then fall under the
Administration box for a chain of command.
y
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APRIL 16, 1996 - REGULAR MEETING - PAGE 6 OF 10
E. NEW BUSINESS
5. Discuss Employee Handbook continued. Chapter Two - City Employment Obiectives. Council agreed with Council Member
Chandler's suggestion to better define number five to read "That advancement and
training of present employees to better prepare them as career service employees of the
City will be encouraged and aided."
Chapter Two - Hiring Process. Mayor Kirk suggested at the end of the paragraph add
that if no objections he/she is hired. If there are objections the Department Head and/or
City Administrator may appeal. Council agreed to leave it as is for the time being.
Chapter Two - Hiring Process - Certification Policy. Council agreed with Council Member
Chandler's suggestion to clarify the paragraph rewording it to state "Any employee who
fails to become certified within the required time period accorded for that employee's
particular job description, may be discharged."
Chapter Two - Hiring Process - Qualifications. Number three states that "Appointees
must be residents of Okeechobee County by the end of six month probation period..."
Mayor Kirk suggested adding "or Buckhead Ridge residents." After a lengthy discussion
Council decided not to change this.
Chapter Two - Hirino Process - Regular Status. Council agreed with Mayor Kirk's
suggestion to add at the end of the paragraph "City Administrator is to be notified in
writing of the changes in status."
Chapter Two - Types of Appointments - Excluded Positions. Council agreed with Mayor
Kirk's suggestion to delete librarians. Also add in second sentence after Department
Head: "and approved by the City Administrator."
Chapter Two - Drug Testing Policy. Council agreed with Council Member Watford's
suggestion to replace will with may.
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APRIL 16, 1996 - REGULAR MEETING - PAGE 7 OF 10
E. NEW BUSINESS
5. Discuss Employee Handbook continued. III Chapter Three - Paid Holidays. Paragraph should state eleven paid holidays.
Chapter Three - Paid Holidays - Eligibility. Council agreed with Council Member
Chandler's suggestion to add, in the first sentence, end the sentence with eligible.
Sentence two would read "Also an employee must not have been absent without leave
on the work day before or after the holiday, unless there is a medical emergency and a
doctors excuse is provided to the department head upon the employees return the next
working day, or on leave of absence without pay."
Council Member Oliver noted that everywhere it states workman's compensation should
read worker's compensation.
Chapter Three - Retirement Plan. Council agreed with amendments by Mayor Kirk and
Administrator Drago to reword the first paragraph to read: "The City has a retirement plan
for all employees. The cost is shared by the City, and/or State and the employee. Each
employee contributes a percentage of their regular salary into their retirement account
as approved by the City Council, except the Police Officers contribute a percentage of
their total compensation as provided by Florida Statute."
Chapter Three - Job Connected Iniury Benefits. Council agreed to Mayor Kirk's
suggestion to add after the fourth sentence, "Employee will reimburse City if pay exceeds
one hundred percent of normal salary." Also, Attorney Cook is to come up with wording
to put in concerning that when an employee is released from a physician it should be to
full working duty.
Chapter Four - Maximum Accumulation. Council agreed with Council Member Chandler's
suggestion to add language rewording the first sentence to read "An employee may be
required to postpone to a later date scheduled annual leave if the work situation requires
it.° And the second sentence replace fiscal cycle with calendar year.
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APRIL 16, 1996 - REGULAR MEETING - PAGE 8 OF 10
E. NEW BUSINESS
5. Discuss Employee Handbook continued. Chapter Four - Sick Leave (Non -Job Related). Council agreed to Council Member
Watford's request to re-enter item number four of original handbook. Which states:
"Illness or injury as result of outside employment or profit making activity are excluded
and absence as result of such activities shall be unpaid personal leave, not paid sick
11 leave." Attorney Cook is to check this.
Chapter Four - Sick Leave Payment for Used Sick Leave. Under item three add "as
provided by the City's Pension Ordinance."
Chapter Four - Funeral Leave. Paragraph one, Council suggested change a "maximum
of three to five days" to a "maximum of five days." Also the paragraph after number one
should be reworded to state: "Any additional leave beyond that provided above shall be
considered administrative leave without pay or annual leave with pay."
Chapter Four - Personal Unpaid Leave. Council agreed with Mayor Kirk's suggestion to
add the third paragraph "Failure of payment will result in termination of insurance
coverage. -
Chapter Four - Administrative Leave (Unpaid). Council agreed with Mayor Kirk's
suggested change that a Department Head, may with the approval of the City
Administrator request Administrative Leave Without Pay for an employee.
Chapter Five - Overtime Work and Pav - On Call, Call Out and Overtime Pay. Council
agreed with what the old handbook had on emergency call to duty: Emergency Call to
Duty. Due to an emergency an employee may be called in when not scheduled to work.
Any employees thus called in shall be paid at least two hours at one and a half times
their regular rate of pay.
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E. NEW BUSINESS
5. Discuss Employee Handbook continued.
APRIL 16, 1996 - REGULAR MEETING - PAGE 9 OF 10
Chapter Six - Conduct and Ethical Behavior - Distribution or Solicitation. Council agreed
to Mayor Kirk's suggested change to replace Council with City Administrator.
Chapter Seven - Separation Procedure. Put an "an between of and qualified in the last
sentence.
Chapter Seven - Grievance Procedures - City Council Appeal. This paragraph is
proposed to be deleted, Council Member Watford requested that Attorney Cook look into
keeping this because he wanted the Council to be able to hear the appeal instead of an
employee going straight to the courts for an appeal.
Chapter Seven - Disciplinary Actions. Number one, Council agreed with Mayor Kirk and
Attorney Cook's suggested changes, the paragraph now reads: "The Department Head
may issue a written reprimand to the employee for minor infractions, such as tardiness.
The City Administrator is to be notified. A copy of the written reprimand will be filed with
the Personnel Administrator.
Chapter Seven - Disciplinary Actions. Paragraph number two, Council agreed with Mayor
Kirk's request to replace Council with City Administrator.
The listing of general reasons that employees may be reprimanded, suspended or
discharged were discussed by Council and it was agreed to replace Swearing with
Profanity or Unacceptable language. Sexual Harassment was added to the proposed list.
Chapter Seven - Disciplinary Actions. Paragraph number four, following discussion, this
paragraph was reworded as follows: "A Department Head may demote an employee for
good reason which could result in a reduction of salary." Attorney Cook is to check this
for wording.
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E. NEW BUSINESS
5. Discuss Employee Handbook continued.
Adjournment - Mayor Kirk.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision
made by the City Council with respect to any matter considered at this meeting, he/she may
need to insure that a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be b tape recording of this
meeting is on file in the City Clerk's Office. J- / ,- A
ATTEST:
Bonnie S. Thomas,
James E. Kirk, Mayor
APRIL 16, 1996 - REGULAR MEETING - PAGE 10 OF 10
Chapter Seven - Disciplinary Actions - Examples - Group One. Council agreed to Council
Member Chandler's request to revise the group of offenses deleting third offense and re-
number fourth offense to be third offense.
There was a brief discussion on narcotics, intoxicating beverages and controlled
substances. Council agreed to reword number twenty-three (23) as follows: "Being under
the influence of or in the possession of intoxicating beverages while on duty."; delete
number twenty-four (24); number forty-six (46) replace narcotics with controlled
substance.
Council requested Clerk Thomas make the appropriate changes to the proposed
handbook and bring back a revised draft for their review at the next Council meeting.
Once Council has made all their amendments the handbook will go to the labor attorney
for legal review.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:52
p.m.
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