1990-12-04 Regular MeetingCity of Okeechobee
C I T Y C O U N C I L M E E T I N G
December 4, 1990 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
A. Call meeting to order.
B. Invocation offered by Pastor David Turner;
Pledge of Allegiance led by Mayor Chapman.
C. Mayor and Council attendance:
Mayor Oakland R. Chapman
C!7 Councilman R.R. "Nick" Collins
�j Councilman James "Jim" Kirk
Councilman Oscar Thomas
Councilman Dowling R. Watford, Jr.
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 November 20, 1990.
COUNCILMEMBERSIACTION
Mayor Chapman called the meeting to order at 7:00 P.M.
Invocation by Councilman Watford (Pastor Turner was not present);
Mayor Chapman led the Pledge of Allegiance.
Present
Present
Present
Absent
Present
Present
Present
Present
Present
Councilman Collins made a motion to dispense with reading and
approve the Summary of Council Action for the regular meeting
of November 20, 1990 and workshop meeting of November 1, 1990;
seconded by Councilman Watford.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
PAGE 1 o 3
PLC �►.�.: ./l
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REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF
TEMS ON TODAY'S AGENDA.
I
E. OPEN PUBLIC HEARING FOR REZONING
1. Consider Petition 342R to rezone property
`. located at S.E. 9th Avenue from Holding to
Residential Single Family - City/County
Planning Commission recommended approval
F (Exhibit 1).
CLOSE PUBLIC HEARING
OPEN PUBLIC HEARING FOR THE FINAL READING OF THE
BUDGET ORDINANCES
1. Mayor announces that the purpose of this
public hearing is to consider the final read-
ing of ordinances for the proposed millage
rate levy and proposed budget for fiscal year
r%nn n,
DECEMBER 4, 1990
COUNCILMEMBERS/ACTION
Councilman Collins made a motion to accept petition 342R to rezone
property located at Southeast 9th Avenue from Holding (H) to
Residential Single Family (RSF) upon the recommendation of the
City/County Planning Commission to recommend approval with the
seventy foot (70' ) right-of-way running North and South along the
East border; seconded by Councilman Kirk.
Councilman Watford questioned the verbal agreement concerning the
70 foot easement and its location as being the East end of the
lower ten (10) acres.
Mr. Dick Ward (of Hunt Real Estate, representing Steve Hogg bn'
the Estate of Hiram Hogg) explained traffic control was an issue
and the development would have a maximum of 42 houses. The
purpose of the 70 foot right-of-way on the East side of the
property to 13th Avenue would allow this street to be opened to
traffic, which in return would help the traffic flow.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
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.
PACE 2 o6 13
VOTE
YES I W
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DECEMBER 4, 1990
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COUNCILMEMBERS/ACTION ,YES INO
F. OPEN PUBLIC HEARING FOR THE FINAL READING OF THE I"j—
BUDGET ORDINANCES
2. Mayor announces that the proposed millage rate
levy represents 4.80% over the roll -back rate
computed pursuant to Florida Statute
200.065(1).
3. Mayor asks for comments or questions from
public.
4A. A motion to read by title only, Ordinance 630
levying a millage rate for the General Fund
Budget and Debt Service - City Attorney
(Exhibit 2).
Mayor Chapman announced that the proposed millage rate levy
represents 4.80% over the roll -back rate computed pursuant
to Florida Statute 200.065(1).
Mayor Chapman asked for comments and questions for the public.
There was no response from the public.
Councilman Watford made a motion to read by title only, Ordinance
#630, levying a millage rate for the General Fund Budget 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 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 [✓TILLAGE RATE IS 4.80% MORE THAN THE ROLL -BACK RATE
COMPUTED IN ACCORDANCE WITH F.S.200.065(1);PROVIDING AN EFFECTIVE
DATE."
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DECEMBER 4, 1990
PAGE 4 o6 13
VOTE
YES h�
F. OPEN PUBLIC HEARING FOR THE FINAL READING OF THE COUNCILMEMBERS/ACTION ` —.r..
BUDGET ORDINANCES
4B. A motion to adopt Ordinance 630 levying a
millage rate for the General Fund Budget and
Debt Service.
5A. A motion to read by title only, Ordinance 631
establishing the revenues and expenditures for
the General Fund Budget - City Attorney
(Exhibit 3).
Councilman Collins made a motion to adopt Ordinance ##630 levying
a millage rate for the General Fund Budget and Debt Service;
seconded by Councilman Kirk.
Chapman
I(`n.1 Inq
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lhU!tld S
Motion Carried.
Councilman Watford made a mo ion to read by title o_7-y, -mina ;�.,;
`G31, establishing the revenues and expenditures fe,-
Fund Budget; seconded by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read Ordinance #631 by title only as follows:
"AN ORDINANCE ADOPTING AN ANNUAL BUDGET" FOR T'riS CITY OF
OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBERI, 1990
AND ENDING SEPTEMBER 30, 1991; WHICH BUDGET SETS FORTH GENERAL
FUND REVENUES OF $2,256,015.00 AND EXPENDITURES OF Se 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 EXPEY,DITUZES
GF $233,930.00, LEAVING A FUND BALANCE OF $62,148.00; LAW
ENFORCEMENT SPECIAL FUND REVENUES OF $2,578.00 AND NO EXPENDITURES
LEAVING A FUND BALANCE OF $2,578.00 PROVIDING FOR AN EFFECTIVE
DATE."
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F. OPEN PUBLIC HEARING FOR THE FINAL READING OF THE
BUDGET ORDINANCES
5B. Motion to adopt Ordinance #631, establishing
the revenues and expenditures for the General
Fund Budget.
DECEMBER 4, 1990
COUNCILMEMBERS/ACTION
Councilman Collins made a ;notion to adopt 0
establishing the revenues and expenditures for the Cenolal and
Budget; seconded by Councilman Kirk.
Chapman
rnl_li.ns
j K' r k
�! Thomas
Mstye.. Carried.
T
estaplzshin e revenues and �eX02ndl7nc� I ?.l'. isa aIlL L n
y le
1
expenditures �.,. 1 ��-tab 3 she revenues ::1 li, -u•
the Public Utilities Budget - City Attorney Utilities Budget; seconded by Cow :ncilizia.:
(Exhibit 4).
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
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, 1 991 ; WHICH BUDGET SETS FORT 1'1_:'I,IC
UTILITIES REVENUES OF $5,248,276.00 AND EXPENDITUIRES OF
$4,697,075.00 LEAVING A FUND BALANCE OF $551,201.00; PROVIDING
AN EFFECTIVE DATE."
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VOTE
YES I NO
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DECEMBER 4, 7990
PAGE 6 o4 13
VOTE
CO(INCILMEMBERS/ACTION YES AVF. OPEN PUBLIC HEARING FOR THE FINAL READING OI' TTiZ?
BUDGET ORDINANCES
6B. A motion to adopt Ordinance 632 establishing
the revenues and expenditures for the Public
Utilities Budget.
CLOSE PUBLIC HEARING
NEW BUSINESS
1. Discuss retaining the services of Diane Boyer
to research property records which relate to
the sewer collection system - Director of
Public Utilities (Exhibit 5).
Councilman Collins made a motion to adopt
,establishing the revenues and expenditures for the Public
Utilities Budget; seconded by Councilman Watford.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mayor Chapman asked Director Fortner to comi,,ient on t`,,is
Director Fortner explained to the Council wit,, the r mid al work -
now in process the Public Utilities Department ha;
all landowners of properties who have not paid the sewer
connection fee.
Councilman Watford made a motion to retain the services of Diane
Boyer at $5.00 per hour not to.exceed 100-hours; seconded by
Councilman Kirk for discussion. `
The Council stressed the point that in the future when hiring
part-time employees that are not budgeted a Department 'mead should
come before the Council for prior approval.
After discussion vote on motion as follows:
Chapman
Collins
Kirk
Thomas
Watford
X
X
X
u
M
X
X
X
X
X
DECEMBER 4, 1990
PAGE 7 o 61313
G. NEW BUSINESS CONTINUED
2. Motion to approve a utility agreement for
water service between the City and FPL -
Director of Public Utilities (Exhibit 6).
3. Motion to adopt Resolution 90-20 - City
.r,., Administrator (Exhibit 7).
ri
4. Motion to approve a partial pay request to
A.O.B. Underground in the amount of $43,062.081
- Director of Public Utilities (Exhibit 8). j
COGNCILMEMBERS/ACTION
Councilman Kirk made a motion to approve a utility agreement for
water service between the City and Florida Power and Light (for
300 9P�!) 7 snc-� led by Councilma-: Collins.
Director Fortner also commented Florida Power and Light would
put in an eight inch ( 8" ) pipe to connect to the water at no
charge to the City.
( Kirk
Thomas
Watford
Motion Carried.
,C. �ti _e 7:i mOti071 -::1 3C10Dt tie�:,'
L i i
by Councilman Watford.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Resolution #90-20 title reads as follows:
"A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, SETTING FORTH
BASIC ITEMS FOR THE ANNUAL BUDGET, PROVIDING FOR <"N EFFECTIVE
DATE."
'Councilman Watford made a motion to approve partial pay;` -
number five (95) to A.O.B. Underground in the amount of
$4:3,062.08 upon the recommendation of the engineer; seconder';
Councilman Kirk.
Nay,or Chapman asked Director Fortner if he had any problems ,,;i th
tb,e project to date or what the engineer is recommending?
YES 1 NO
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DECEMBER 4, 7990
COUNCILMEMBERS/ACTION
NEW BUSINESS CONTINUED
4. Continued Director Fortner answered he had no problems with what the
engineer is recommending for payment.
Councilman Watford commented the project was behind schedule.
Director Fortner stated the project was behind schedule due to
3 Inanufar"urer not the n1lmp oT. ti.m 1t1;? `i,a,, at ? 1a` C
date an eY.tensi. 1 to be discussed.
Ci7apr:aii
Collins
Kirk
Thomas
Watford
Motion Carried.
5. Motion to approve a partial pay request to Councilman Collins made a motion to approve a partial pray request
Sharp Construction in the amount of $43,304.09 to Sharp Construction in the amount oL $43,301.09 upon the
- Director of Public Utilities (Exhibit 9). recommendation of the engineer; seconded Councilman Watford.
Mayor Chapman asked Director Fortner if he had any problems with
the project to date or what the engineer is recommending?
Director Fortner stated everything was okay and has to objection
to the engineers recommendation of payment.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
PAGE 8 ob 13
VOTE
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G. NEW BUSINESS CONTINUED
6. Motion to approve an engineering services
contract between the City and Reese, Macon
and Associates in the amount of $285,000 -
Mr. Bill Reese (Exhibit 10).
7. Motion to approve a contract between the City
and Culbreth Realty for real estate services
- City Attorney (Exhibit 11).
DECEMBER 4, 1990
COUNCILMEMBERS/ACTION
Councilman Collins made a motion to approve an engineering
services contract between the City and Reese, Macon and Associates
in the amount of $285,000; seconded by Councilman Watford.
Councilman Watford asked Engineer Reese certain questions
pertaining to pages two (2), three (3) and seven (7) of the
contract.
Attorney Cook asked Engineer Reese questions pertaining to scope
items A through C include existing water treatment plan'
modifications $46,500, hydrogeologic work $28,000 and ground water,
treatment plant $178,900. Then scope items D through E
hydrogeologic work is $33,000.
Attorney Cook also pointed out to the Council not including the
$285,000 fee there will be two other fees, which amounts have not
been set out in this contract, yet to be „nnn.
After lengthy discussion among Attorney Cook, Council and Engineer
Reese concerning prices of the future fees and the thirty (30)
day termination clause of the agreement, vote on motion was as
follows:
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mayor Chapman asked Attorney Cook if he would elaborate on this
subject.
PAGE 9 o6 13
VOTE
YES I W
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R 4. 1990
PAGE 10 ob 13
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COUNCILMFMBERS/ACTION �YES ��
G. NEW BUSINESS CONTINUED
7. Continued . . .
q. COUNCIL REPORTS AND/OR REQUESTS:
1. Councilman Collins:
Attorney Cook explained to the Council Becky Williamson of Gil
Culbreth Realty was the person who put Mr. Drago in touch with
the representatives of Southern Electrical International which
lead to the option agreement to purchase the City's 151.50 acres.
Since it was because of Mrs. Williamson the option agreement was
formed, Culbreth Realty is asking for a commission of the sale,
there is to be one. The Council needs to agree on what
rcent? g�-- of a CO; ;;; 5siOn. The Ci (l�.s ; IIt!.
5)5 CO,illiiiSS.i.0I1 tv Ue_' s u f iCit:iii=., i7GweVe1: ri.L. Cil1C)��'�.;i
7% - 10-�5 is the "going rate".
After lengthy discussion, Councilman Kirk made a ;notion to approv,�
the contract between the City and Culbreth Realty for real estate
services at seven percent (7%) commission; seconded by Councilman
Watford.
Chapman
Collins "
Kirk
Thomas
Watford
Motion Carried.
Councilman Collins stated his purpose for voting no is because
the situation was not handled right from day one in his opinion.
Councilman Collins discussed areas of concern with Director Elders
who will correct any problems in those areas (a. Golden Corral
and b. Trees - Allen Markham).
FINANCE OFFICE; CHANGE: Councilman Collins made a motion to return
the finance department back under the administration department;
seconded by Councilman Kirk for discussion.
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H. COUNCIL REPORTS AND/OR REQUESTS:
1. Continued . . .
GC'
DECEMBER 4, 1990
COUNCILMEMBERS/ACTION
Councilman Watford stated the finance department is not like any
other department and it needs all the "checks and balances" which
was one reason for putting the finances under the Council. "The
finance director needs the freedom to come to the Council at any
time and if he or she is under an administrator the freedom is
not there."
After discussion Councilman Kirk withdrew his second and
Councilman Collins withdrew his motion. It was agreed to find
out how the finance departments are handled in other
municipalities and discuss the subject at the next Council meeting
(January 7, 1991).
NOTE: AS A POINT OF CLARIFICATION The Finance Department
has never been under the AdministraLur. Up until the time
it became a City Clerk function the Citys finances were under
the direction of a City Councilman and the Clerks office
always handled the task as set forth by the Council. At the
present time the finance Department is headed by a rinance
Tirector and continues to be under the City Council.
Bonnie S. Thomas, CMC, City Clerk
INSURANCE FOR RETIRED EMPLOYEES: Councilman Collins stated the
issue of the City paying for retiring employees insurance needs
to be discussed. After brief discussion it was agreed to bring
the subject bock up at the next Council meeting (1/7/91).
DELETE MAINTENANCE SUPERVISOR: Councilman Collins made a motion
to delete the position of maintenance supervisor in the Public
Utilities Department; seconded by Councilman Kirk for discussion.
Following discussion among Council and staff, Councilman Kirk
recommended giving Director Fortner the opportunity to justify
keeping this position.
PAGE 11 o6 13
VOTE
DECEMBER 4, 1990
PAGE 12 od 13
VOTE
A. COUNCIL REPORTS AND/OR REQUESTS: COUNCILMEMBERS/ACTION 'YES INO
9
9P
4.
Continued . . .
Councilman Watford:
Councilman Kirk:
Mayor Chapman:
(subject discussion to be continued at 1/7/91 meeting) Councilman
Kirk withdrew his second, Councilman Collins with drew his motion.
Councilman Watford asked if employment applications for that
position could be taken in the meanwh i' e?
applications for that position could be taken with the
understanding to applicants that it is a "possi'71
Councilman Collins extended a thanks to the
who participated �1_
Officials and Citizens.
Councilman Watford extended a thanks to "'ay-:._- Chapman and
Councilman Thomas for all their dedicated year-, of co on the
City Council.
Councilman Watford suggested City Clerk Thomas chair one item
of the January 7 1991 meeting (swearing in of newly elected
officials). Council agreed.
Councilman Kirk stated he to would like to extend a thank you to
Mayor Chapman and Councilman Thomas for their many years of
service on the City Council.
Mayor Chapman thanked Director Elders for cleaning up the streets
the skateboard club was using and requested Administrator Drago
send a letter of appreciation to L.P. Sanitation for the
skateboard club use of a Port-O-Let .
Mayor Chapman (addressing Administrator Drago) if the City had
received a petition from the Northwest section of the City
concerning a transmission (car repair) business being operated
in a residential single family zoned area and if not, that it be
taken care of properly.
H. COUNCIL REPORTS AND/OR REQUESTS:
4. Continued . .
ADJORNMENT
Mayor Chapman:
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE
..- r.^^E-TL = "v DECISION MADE AT THIS MEETING OF THE CITY
COUNCIL, SUCH PERSUIV rr11-AL N._-Z TO INSURE THAT A VERBATIM
'RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
1y A COPY OF THE RECORDING CAN BE OBTAINED IN THE CITY
CLERK'S OFFICE.
Oai:�?and R. Chapman, Mayor
Attest:
--A 11 �,Zz
Bonnie S3. 12hom�ts•; City Clerk, CMC
DECEMBER 4 1990
COUNCILMEMBERS/ACTION
Mayor Chapman announced the next meeting would be Monday, January
7, 1991 at 7:00 P.M.
Mayor Chapman adjourned the meeting at 8:45 P.M.
PAGE 13 a4 13
VOTE
YES I NO Wi
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