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1990-09-18 Reg. & Final Bdgt. HeaCity of Okeechobee CITY COUNCIL FINAL BUDGET HEARING AND REGULAR MEETING September 18, 1990 - 7:00 P.M. SUMMARY OF COUNCIL ACTION A. Call meeting to order. B. Invocation offered by Pastor Arley Ball; Pledge of Allegiance led by Mayor Chapman. C. Mayor and Council attendance: Mayor Oakland R. Chapman Councilman R.R. "Nick" Collins Councilman James "Jim" Kirk Councilman Oscar Thomas Councilman Dowling R. Watford, Junior Staff attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas City Deputy Clerk S. Lane Earnest D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of September 4, 1990. COUNCILMBMBFRS/ACTION Mayor Chapman called the meeting to order at 7:00 P.M. Invocation by Pastor Arley Ball; Mayor Chapman led the Pledge of Allegiance. Present Present Present Present Present Present Present Present Present Councilman Kirk made a motion to dispense with reading and approve the Summary of Council Action for the regular meeting of September 4, 1990; seconded by Councilman Collins. Chapman Collins Kirk Thomas Watford Motion Carried. PAGE 1 13 ©© SEPTPMBER 18. 1990 PAGE 2 aA 1 COUNCTLMEMSERS/ACTION VOTE YES W JA&TM Motion to approve warrant registers for the Councilman Watford made a motion to approve warrant registers month of August, 1990: for the month of August, 1990 (General Fund $67,964.63 and Public Utilities $112,962.42); seconded by Councilman Collins. General Fund . . . . . $67,964.63 Public Utilities . . . $112,962.42 Councilman Watford stated, ". we paid $496.30 for attorney fees in August to get an opinion on an issue of hiring a non - citizen of the United States as a city employee. Isn't that a lot of money?" Administrator Drago explained the purpose for the legal opinion was that a part-time employee had been hired. By Florida Statute all city employees must sign a loyalty oath. The oath reads "I citizen of the United States" and she is not a citizen but a full-time resident of the United States, therefore, she could not sign the oath. The firm researched a large amount of LI; _ information for our city attorney and the finance director to re- word the oath that will allow United States residents to sign it legally. Councilman Watford also asked Director Parker if she felt there was adequate control over the visa card. Director Parker stated "yes, I have not come across anything I felt needed to be questioned". Vote on motion is as follows: Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. None. F. C*+ O OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES 1. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed mil- lage rate levy and proposed budget to fiscal year 1990 - ' 91 . 2. Mayor announces that the proposed millage levy represents 4.75% over the roll -back computed pursuant to F.S.200.065.(1). 3. Mayor asks for comments or questions from the public. 4A. Motion to read by title only Ordinance #630 levying a millage rate for the General Fund and Debt Service - City Attorney (Exhibit 1). COUNCILMEMBERS/ACTION Mayor Chapman announced that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 1990 - '91. Mayor Chapman announced that the proposed millage rate levy rate represents 4.75% over the roll back rate computed pursuant to F.S.200.065(1). Mayor Chapman asked for comments or questions from the public. None were stated. Councilman Collins made a motion to read by title only Ordinance #630 levying a millage rate for the General Fund and Debt Service; seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. Attorney Cook read Ordinance #630 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET AT 4.54 PER THOUSAND ON ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 4.15 SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY: THAT 4.15 SHALL BE USED FOR GENERAL CITY PURPOSES AND .39 INCLUDING HOMESTEAD, SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENERAL OBLIGATION BONDS: THAT SAID VILLAGE RATE IS 4.75% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S.200.065(1); PROVIDING AN EFFECTIVE DATE.n X X X X X VGFE SEPTEMBER 18. 1990 F. OPEN PUBLIC HEARING FOR THE FINAL, READING FOR THE BUDGET ORDINANCES CONTINUED- 4B. Motion to adopt Ordinance #630. 5A. Motion to read by title only Ordinance #631 establishing the revenues and expenditures for the General Fund Budget - City Attorney (Exhibit 2). COUNCILMFMBBRS/ACTION Councilman Collins made a motion to adopt Ordinance #630; seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. Councilman Kirk made a motion to read by title only Ordinance #631 establishing the revenues and expenditures for the General Fund Budget; seconded by Councilman Thomas. Chapman Collins Kirk Thomas Watford Motion Carried. Attorney Cook read Ordinance #631 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES 01?$2,256,015.00 AND EXPENDITURES OF $2,256,015.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $964,945.00 AND EXPENDITURES OF $589,190.00, LEAVING A FUND BALANCE OF $375,755.00;DEBT SERVICE REVENUES OF $293,945.00 AND EXPENDITURES OF $233,930.00, LEAVING A FUND BALANCE OF $60,015.00 WITH DEBT SERVICE RESERVE OF $2,133.00; LAM ENFORCEMENT SPECIAL FUND REVENUES OF $2,578.00 AND NO EXPENDITURES LEAVING A FUND BALANCE OF $2,578.00; PROVIDING AN EFFECTIVE DATE." X X X X X X X X X X VOTE PAGE 5 o VOTE F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES CONTINUED: 5B. Motion to adopt Ordinance #631. 6A. Motion to read by title only Ordinance #632 establishing revenues and expenditures for the Public Utilities Budget - City Attorney (Exhibit 3). COUNCILMEMBFRS/ACTION Councilman Collins made a motion to adopt Ordinance #631; seconded by Councilman Kirk. Councilman Watford asked Director Elders if the ditch cleaning machine he had budgeted was a leased piece of equipment. Director Elders stated the equipment was approved last year to purchase, it . . . we are doing a payment plan, where you pay so much a year until its paid and this year the payment is $25,000.00 " Councilman Watford asked Fire Chief Tomey if he got the prices the Council instructed him to concerning new office furniture. Chief Tomey stated he had and the prices were about the same. Councilman Watford asked Attorney Cook if he had drawn up the Resolution for adoption concerning the three things the Council requested for next years budget. Attorney Cook stated he had gotten with Administrator Drago and the resolution was being worked on. Vote on motion is as follows: Chapman Collins Kirk Thomas Watford Motion Carried. Councilman Thomas made a motion to read by title only Ordinance #632 establishing the revenues and expenditures for the Public Utilities Budget; seconded by Councilman Collins. Chapman Collins Kirk Thomas Watford Motion CaAAied. X X X X X X X X X X F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES CONTINUED: 6A. Continued . . : 6B. Motion to adopt Ordinance ##632. CLOSE PUBLIC HEARING G. i NEW BUSINESS 1. Motion to appoint Jo Eide as a regular police officer - Police Chief. SEPTEMBER 18, 1990 Motion Carried. COUNCILMEMBERS/ACTION Attorney Cook read Ordinance #632 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991; WHICH BUDGET SET FORTH PUBLIC UTILITIES REVENUES OF $5,248,267.00 AND EXPENDITURES OF $4,697,075.00, LEAVING A FUND BALANCE OF $551,201.00, PROVIDING AN EFFECTIVE DATE". Councilman Collins made a motion to adopt Ordinance ##632; seconded by Councilman Watford. Chapman Collins Kirk Thomas Watford Motion Carried. Councilman Collins made a motion to appoint Jo Eide as a regular police officer; seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. PAGE 6 o VOTE YES 1 NO SEPTEMBER 18, 7990 PAGE 7 o VOTE 1 G. NEW BUSINESS CONTINUED• 2. Motion to approve a partial pay request to A.O.B. Underground in the amount of $37,103.00 Director of Public Utilities (Exhibit 4). 3. Motion to award a construction contract for remedial work to the Taddie Collection system to Sharp Construction Company in the amount of $687,130.00 - Mr. Dan Willard (Exhibit 5). COUNCILMEMBERS/ACTION Councilman Collins made a motion to approve a partial pay request to A.O.B. Underground in the amount of $37,10310 upon the recommendation of Mr. Dan Willard, engineer; seconded by Councilman Watford. (this construction is for the Reclaimed Water Project with Sonny Williamson) Councilman Watford asked about the progress on the project. Mr. Dan Willard, engineer, gave an update saying construction was behind, but he spoke with the contractor who said they would complete the job on schedule. Chapman Collins Kirk Thomas Watford Motion Carried. Councilman Collins made a motion to award a construction contract for remedial work to the Taddie Collection system to Sharp Construction Company in the amount of $687,130.00; seconded by Councilman Kirk. Councilman Kirk asked if references were checked on this company? Mr. Willard, engineer stated he did check all references and this company was found to be very reputable. Councilman Kirk asked if the financial situation and background was checked? Administrator Drago stated he checked the financial stability of the company and everything seemed fine. Councilman Watford asked if arbitration was addressed in the contract. Mr. Willard stated he understood it to be "mutually agreed upon but I do not think it will ever have to be an issue discussed". X X X X X SEPTEMBER 18, 1990 PAGE 8 ob 13 VOTE G. NEW BUSINESS CONTINUED: 3. Continued . . . 4. Motion to approve an engineering contract for construction services for the Taddie Collection System to Knepper and Willard in the amount of $44,000.00 - City Administrator .(Exhibit 6). COUNCILMEMBERS/ACTION Vote on motion as follows: Chapman Collins Kirk Thomas Watford Motion Carried. Councilman Collins made a motion to approve an engineering contract for construction services for the Taddie Collection System to Knepper and Willard in the amount of $44,000.00; seconded by Councilman Kirk. Councilman Kirk asked if this contract was for full-time resident inspections? Attorney Cook stated that it was. Councilman Watford asked if 'Mr. Willard anticipated doing surveying and testing? Mr. Willard stated there will have to be some at an estimate of $5,000.00 to $10,000.00. Councilman Watford asked Director Fortner if he felt confident with this firm (Knepper and Willard, Engineering) and the inspector that will be on the job. Director Fortner responded, "I have no problem with the firm nor the inspector, I have worked with him (the inspector) previously and he makes the contractor earn his money". Vote on motion as follows: Chapman Collins Kirk Thomas Watford Motion Carried. VES X X X X X X X X X G. NEW BUSINESS CONTINUED: 5. Motion to waive the formal bidding process and award a chlorination system to Capital Controls Company in the amount of $10,291.00 - Mr. Bill Reese (Exhibit 7). MBER 18, 1990 COUNCILMEMBERS/ACTION Councilman Collins made a motion to waive the formal bidding process and purchase a chlorination system from Capitol Controls Company in the amount of $1 0,291 .00; seconded by Councilman Thomas for discussion. A letter ( exhibit 7 ) from the Florida Department of Environmental Regulation (DER) to the City through engineer Bill Reese states that DER will agree to temporarily defer action on the Consent Agreement contingent upon satisfactory compliance by the City of the following conditions. -(NOTE: only item 1 of the 3 conditions is listed here as it was the item which called for this motion) 1) Within thirty (30) days of receipt of this letter, the City shall purchase, or place an order for, chlorine scales, automatic switch -over device, and a loss -of -chlorination capability alarm, and provide proof of the equipment purchase/order to the department. Within sixty (60) days of receipt of this letter, the City shall install the chlorine scales, automatic switch -over device, and loss -of - chlorination capability alarm at the existing City water treatment plant. Councilman Watford asked why are we doing it this way (waiving the bidding process). Administrator Drago stated to save time. Discussion continued among Council and Mr. Reese concerning the purchase of the chlorination system from the capitol control company. Vote.on motion was as follows: Chapman Collins Kirk Thomas Watford Motion Carried. PAGE V ob 1 VOTE YES X X X X X SEPTEMBER 18, 1990 PAGE 10 o6 1 G. NEFI BUSINESS CONTINUED: COUNCILMEMBERS/ACTION VO1E YES AV ABgNT _ Update of Well Water System Study - Mr. Bill Councilman Watford asked for an update of the well water, system Reese, engineer. study. Mr. Reese stated there were no surprises in the results of the water from the new test wells (using field tests). Mr. Reese further stated, "I should have the big test results that tells us exactly what we have and how much, in about a month and will appear before you with the results." Discussion continued among the Council, Director Fortner and Mr. Reese, engineer. After lengthy discussion Council instructed Mr. Reese to review the water treatment plant with Director Fortner. In a months time when Mr. Reese comes back to the Council with the results of the well water system study, he is also to give recommendations concerning the water treatment plant as to whether the plant needs an extensive engineering study or exactly what needs to be done to keep the water treatment plant in operation with DER regulations and guidelines. 6A. Motion to remove from table an application Councilman Collins made a motion to remove from table the In for a street closing from Mr. and Mrs. Hesse. application for a street closing from Mr. and Mrs. Hesse; seconded by Councilman Watford. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 6B. Discuss an application for street closing After lengthy discussion among Council, Director Elders and Mrs. from Mr. and Mrs. Hesse - City Clerk Hesse concerning the issue of an easement of the 40 foot road, (Exhibit 8). Councilman Collins asked Mrs. Hesse if she would want the street closed on the terms that a 30 foot drainage easement be granted to the City. Mrs. Hesse stated "no". Councilman Collins made a motion to reject street closing application (#33) from Mr. and Mrs. Hesse; seconded by Councilman o Thomas. SEPTEMBER 18. 7990 PAGE 11 aA 73 G. NEW BUSINESS CONTINUED: COUNCILMEMBERS/ACTION VOTE YES NO ABSENT Vote on motion as follows: 6B. Continued Chapman Collins X X Kirk X Thomas X Watford X Motion Carried. RECESS: 8:20 P.N. - - RECONVENED: 8:27 P.N. 7. Discuss occupational licenses - Finance There was a lengthy discussion among Council, Department Heads Parker (Exhibit 9). and Attorney Cook concerning definitions of certain occupational licenses. After discussion Council instructed Attorney Cook, Director Parker, Administrator Drago, Chief Mobley, Chief Tomey and Administrative Secretary Williams to revise the occupational license ordinance and report back to the Council for appropriate action. In 8. Update of item of interest to the City by County Commissioner Jack Williamson. County Commissioner Williamson was not present. H. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: a) Update of SEI, Inc.: Councilman Collins informed the Council he spoke with Roger Smith of Southern Electric International, Inc. and negotiations are going well for the site to be in the City for the power plant. 2. Councilman Thomas: a) Debt Service Fee: Councilman Thomas stated the debt service fee is anticipated to be increased, does anyone know how much? Director Fortner said he and Director Parker where working on figures but did not have an answer for him at this time. SEPTEMBER 78. 1990 PAGE 12 o6 1 VOTE H. COUNCIL REPORTS AND/OR REQUESTS CONTINUED: I CUUNCILMBMBFRS/ACTION I YES 3. Councilman Watford: AWOURNMNT Mayor Chapman: a) Inter -local Agreement: Councilman Watford made a motion to approve the interlocal agreement with Okeechobee County for Solid Waste Management with the addition of one more item that will read this agreement will be renegotiated if changes in technology, State or Federal Laws or economic conditions make adherence to this agreement impossible or impractical; seconded by Councilman Thomas for discussion. Councilman Collins stated, "we have been informed by the County that they do not need this agreement. The SWAB meets with the County Commissioners Thursday for a workshop on privatizing the landfill and they will not need an agreement then. I suggest we wait till we find out what the County is going to do with the landfill before we act." Councilman Kirk commented he was disturbed to hear the County was the one who suggested the Solid Waste Advisory Board be created and at their last meeting in the middle of the SWAB presentation the Chairperson of the Commissioners called for a break. Councilman Kirk also suggested the City wait until the new County Commissioners come into office and hopefully there will be a better working relationship. After lengthy discussion among Council, Councilman Thomas withdrew his second and Councilman Watford withdrew his motion. Mayor Chapman adjourned the meeting at 8:55 P.M. SEPTEMBER 78. 1990 PAGE 13 o6 13 COUNCILMEMBERS/ACTION VOTE yE4SZ NO AUNT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS FETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATI RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. A COPY OF THE RECORDING CAN BE OBTAINED IN THE CITY CLERK'S OFFICE. Oakland R. Chapma , Mayor Attest: i Bonnie S. Thomas, City Clerk, CMC Q �� t �