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1991-01-07 Regular MeetingOKE � m- - •c�ORIOP' to A. Call meeting to order. B. Invocation offered by Pastor Joe Cook; 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, Jr. Staff attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas City Deputy Clerk S. Lane Earnest City of Okeechobee C I T Y C O U N C I L M E E T I N G January 7, 1991 - 7:00 P.M. SUMMARY OF COUNCIL ACTION D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of December 4, 1990. PAGE 1 OF 14 COUNCHMFMBFRS/ACTION ILL'S© • • Mayor Chapman called the meeting to order at 7:00 P.M. Invocation by Pastor Joe Cook; Mayor Chapman led the Pledge of Allegiance. Present Present Present ri Absent e—I Present Present Present Present Present Councilmember Collins made a motion to dispense with reading and approve the Summary of Council Action for the regular meeting of December 4, 1990; seconded by Councilmember Kirk. Chapman Collins Kirk Thomas Watford Motion Carried. JANUARY 7, 7997 - REGULAR MEETING - PAGE 2 OF 74 E. Motion to approve warrant registers for November, 1990: GENERAL FUND . . . . . $50,037.50 PUBLIC UTILITIES . . . $60,091.78 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. 1. Swearing in of newly elected Councilmembers and City Clerk by Judge Hendry. e-i 2. Election of Mayor. COUNCILMEMSERSIACTION Councilmember Watford made a motion to approve the warrant registers for November, 1990 (General Fund $50,037.50 and Public Utilities $60,091.78); seconded by Councilmember Collins. Chapman Collins Kirk Thomas Watford Motion Carried. None. Mayor Chapman requested Judge Hendry come forward to swear in new city officials. Judge Hendry administrated the oath of office to new Councilmembers Danny Entry, Jerry E. Walker, Dowling R. Watford, Jr. and City Clerk Bonnie S. Thomas, after which he congratulated each one and presented them with a certificate of election to their four year terms beginning January 7, 1991 and ending January 3, 1995. Clerk Thomas opened the floor for nominations of mayor. Councilmember Collins nominated Mr. Jim Kirk to serve as mayor for two years beginning January 7, 1991 and ending January 3, 1993; seconded by Councilmember Walker. Councilmember Kirk stated he would accent the nomination for as long as it did riot interfere with his ability to earn an income. Clerk Thomas asked again for any nominations for mayor. There being no other nominations for mayor Councilmember Collins made a motion for nominations to cease; seconded by Councilmember VOTE I YES 1 NV JANUARY 7, 7997 - REGULAR MEETING - PAGE 3 OF 74 F. G. FIRST BUSINESS CONTINUED 2. Continued . . . OPEN PUBLIC HEARING FOR REZONING 1. Consider Petition 350-R to rezone property located at 410 S.E. 2nd Street from RGII to CII - City/County Planning Commission recom- mended approval (Exhibit 1). 2. Consider Petition 351-R to rezone property located South of East South Park Street, West of Southeast 5th Avenue, North of South East 2nd Street from RGII to CII - city/Co-ant Planning Commission recommended approval (Exhibit 2). COUNCILMEMBERS/ACTION Mayor Kirk presented a plaque with the key to the City to out- going Mayor Oakland R. Chapman for his many years of service on the City Council. Councilmember Collins expressed his appreciation to Mayor Oakland Chapman for the twelve years of hard work and dedication to the C i,ty . Councilmember Watford made a motion to approve petition 350-R to rezone property located at 410 Southeast 2nd Street from Residential General II (RGII) to Commercial II (CII) upon the recommendation of the City/County Planning Commission; seconded by Councilmember Walker. Mayor Kirk asked for any public input for or against this rezoning. There were no public comments. Councilmember Watford asked if the current building was going to be used or was a new building being constructed? Zoning Administrator O'Shea answered the current building would be used but improved to the Commercial II regulations. Kirk Collins Entry Walker Watford Motion Carried. Councilmember Watford made a motion to approve petition 351 -R to rezone property located South of East South Park Street, West of Southeast 5th Avenue, North of Southeast 2nd Street from Residential General II (RGII) to Commercial II (CII) upon the recommendation of the City/County P1annCng Commission; seconded by Councilmember Collins. VOTE YES I W 1ASSEN7 X X X X X A JANUARY 7, 7997 - REGULAR MEETING - PAGE 4 OF 14 G. OPEN PUBLIC HEARING FOR REZONING CONTINUED 2. Continued . . . CLOSE PUBLIC HEARING H. NEW BUSINESS ---a 1. Appointment of a Councilmember to serve on th Central Florida Regional Planning Council. (Councilmember Collins presently serves) 2. Appointment of a Councilmember to serve as liaison between City and the Planning and Zoning Commission. (Councilmember Watford presently serves) COUNCILMEMBERS/ACTION Vote on motion as follows: Kirk Collins Entry Walker Watford Motion Carried. Councilmember ;•7alker made a motion to appoint Councilmember Entry to serve on the Central Florida Regional Planning Council; seconded by Councilmember Collins. Kirk Collins Entry Walker Watford Motion Carried. Councilmember Collins made a motion for Councilmember Watford to continue to serve as liaison between the City and the Planning and Zoning Commission; seconded by Councilmember Entry. Kirk Collins Entry Walker Watford Motion Carried. VOTE YES I NO n 7 - REGULAR MEETING - PAGE 5 H. NEW BUSINESS CONTINUED 3. Motion to approve Mr. Jamey Mullis as a regular maintenance operator assigned to the Public Utilities Department - Director of Public Utilities. 4. Motion to award lab testing service contract -to Southern Analytical Lab in the amount of $22,908. - Director of Public Utilities (Exhibit 4). COONCILMEMBERS/ACTION Councilmember Collins made a motion to approve Mr. Jamey Mullis as a regular maintenance operator assigned to the Public Utilities Department; seconded by Councilmember Watford. Kirk Collins Entry Walker Watford Motion Carried. Councilmember Collins made a motion to award lab testing service contract to Southern Analytical Lab in the amount of $22,908; seconded by Councilmember Walker. Councilmember Collins asked why there was such a difference in the bid amounts. Director Fortner answered some labs are busier than others and could not handel the work and rather tliaa not submit a bid they submit at a very high price. Councilmember Watford asked if they (Southern Analytical) have certain regulations to go by? Director Fortner answered, "yes they do, the lab has to be DER (Department of Environmental Regulation) approved and certified". Councilmember Entry asked if the City has any past work experience with this company? Director Fortner answered, "yes, for the past three years and I have no problem with them". Vote on motion as follows: Kirk Collins Entry Walker Watford Motion Carried. VOTE YES I NO X X X X X X X X X X P JANUARY 7, 1997 - REGULAR MEETING - PAGE 6 OF 14 H. NEW BUSINESS CONTINUED 5. Motion to approve an emergency service contract between the City and International Piping Services co. in the amount of $8,850. - Director of Public Utilities (Exhibit 4). COUNCILMFMBFRS/ACTION Councilmember Watford made a motion to approve an emergency service contract between the City and International Piping Services Co. in the amount of $8,850; seconded by Councilmember Collins. Councilmember Walker asked if this was a contractual item wouldn't this be the contractor's expense? Director Fortner answered, "the contract was awarded to Sharp Construction, I assume either the engineer did not anticipate this extra piping or its an over sight by the contractor". Councilmember Watford asked why didn't the engineer anticipate this? "There seems to be a problem somewhere, this is the second project this particular engineer (Xnepper & Willard) has done and overlooked something". Councilmember Collins asked Administrator Dragoif he had anything to comment on this? Administrator Drago explained the pr,' ne h=1 the contractor and it was an expense that was not anticipated. Attorney Cook commented, Councilmember Walker is right, when a contractor bids on a job he should know it, if the Council wants to take action on this item tonight, I suggest you handle it as an emergency situation and proceed with the City reserving the right to protest the additional expense because the contract we have should be efficient to take care of this. Councilmembers'Watford and Collins agreed to amend the motion to approve an emergency service contract between the City and International Piping Services Co. in the amount of $8,850. and the City reserves the right to protest the additional expense. Council also instructed Attorney Cook to write a letter stating the City's protest. Kirk Collins Entry Walker Watford VOTE YES I M) X X X X X JANUARY 7, 1997 - REGULAR MEETING - PAGE 7 OF 14 H. NEW BUSINESS CONTINUED 6. Motion to approve a partial pay request to Sharp Construction in the amount of $48,295.1E - Director of Public Utilities (Exhibit 5). 7. L-*M Motion to adopt Resolution 91-1 supporting Hospice - City Administrator (Exhibit 6). Hear from Mr. Tommy Shorter concerning his conn,ction fees for the Taddie System - Mr. Tommey Shorter (Exhibit 7). COUNCILMEMBERS/ACTION Councilmember Watford made a motion to approve a partial pay request to Sharp Construction in the amount of $48,295.18; seconded by Councilmember Entry. Councilmember Walker asked when Knepper and Willard submit this pay request do they also submit what specific items have been done? Director Fortner answered not specific items but a summary. Councilmember Walker suggested in the future that when a pay request is submitted a daily specific item sheet be submitted also. Council agreed. Kirk Collins Entry Walker Watford Motion Carried. Councilmember Entry made a motion to adopt Resolution #91-1 supporting Hospice; seconded by Councilmember Watford. Councilmember Walker asked what does the City do on this? Administrator Drago stated the City is used as a conduit to collect and distribute the grant funds from the State to the Hospice organization. Kirk Collins Entry Walker Watford Motion Carried. Mr. Shorter was not present. No action was taken at this time. VOTE YES 1 W IABSENI X X X X X X X X X X r- JANUARY 7, 7991 - REGULAR MEETING - PAGE 8 OF 14 H. X +—I NEW BUSINESS CONTINUED 9. Consider a request from Sharp Construction for a waiver of wastewater connection fees - Director of Public Utilities (Exhibit 8). 10. Discuss the transfer agreement for utility lines in the Industrial Park - City Attorney (Exhibit 9). COUNCILMEMBERS/ACTION Councilmember Watford asked Director Fortner if we have in our ordinance an item for a temporary service? Director Fortner answered, no. Councilmember Walker asked if in the contract there was a mobilization fee item? Director Fortner answered, yes. Councilmember Walker commented then that item should cover this expense. Councilmember Walker made a motion to deny a request from Sharp Construction for a waiver of wastewater connection fees; seconded by Councilmember Watford. Councilmember Watford enlightened the Council of the City's rate resolution in force at the present time further stating the City must follow the rate resolution. Mayor Kirk suggested the Council instruct Director Fortner, Attorney Cook and Administrator Drago to research the idea of amending the rate resolution to include temporary connection and capacity. Council agreed. Vote on motion as follows: Kirk Collins Entry Walker Watford Motion Carried. Attorney Cook stated that the Director of Public Utilities expressed concerns regarding the condition of the lines at the Industrial Park. Councilmember Walker questioned whether or not the City wanted to accept the lines. After further discussion among Council and staff, Councilmember Collins made a motion to table this item to allow Attorney Cook a�rn,,d' Director Fortner to discuss and research this more thoroughly; VOFE YES 11) JA��N1 X X X X X JANUARY 7, 1997 - REGULAR MEETING - PAGE 9 OF 14 -' NEW BUSINESS CONTINUED 10. Continued . . 11. Discuss selling gasoline to the Humane Society - Councilmember Watford. 12. Discuss the maintenance supervisor position in the Public Utilities Department - Council member Collins (Exhibit 10). COUNCILMEMBERS/ACTION Vote on motion as follows: Kirk Collins Entry Walker Watford Motion Carried. Councilmember Watford stated he was asked to bring up to the Council the subject to sell gas to the Humane Society. After, lengthy discussion among Council and staff, Council instructed Administrator Drago and Attorney Cook to research the feasibility of both parties involved and report back to the Council their finding according to legal regulations. RECESS: 8:15 P.M. -- RECONVENED: 8:27 P.M. Councilmember Collins stated at the last meeting I brought this up, I personally do not think it takes two men to supervise five men, I do not see how the City can afford this and I suggest we either abolish this position or put it _on hold until the department grows large enough to need two supervisors. Councilmember Watford explained the title of supervisor may be deceiving here, I feel we must trust our department heads for realistic needs and I personally do not see how we can not replace that employee, maybe change the title or re -arrange responsibilities, that would be up to the department head but I feel we need that employee. Director Fortner appeared before the Council to make a statement and read his resignation: VOTE YES INO IA&TN1 X X X X X e—I "...S(-ripe are wishing and others are saying that I plan to retire ennn , t-n cci- t-lhn have wnrktn-rl fnr i-h n f'i 1 v f,ir JANUARY 7, 7991 - REGULAR MEETING - PAGE 10 OF 14 H. NEW BUSINESS CONTINUED 12. Continued . . . 13. Discuss the Finance Department - Councilmember Collins (Exhibit 11). COUNCILMEMBERS/ACTION ...I am not ashamed of what I have done while working for this City and my conscience is clear, I have always been open to ap that wanted to see me. It has not been necessary to hide behind closed doors. I am not willing to be a pawn on a chess board for someone to move around for their pleasure... Some are saying that I am over my head. This is not true. I have been excluded from meetings with agencies, engineers and others when it pertained to the utilities department. Because information has been withheld my ability to operate a department has been suppressed. I am then blamed when the department does not function as everyone else expects ... But when something happens and we experience a sewage spill, then I am the one to blame .... One change that I feel is the best for myself and this City is for me to submit-_ my resignation effective March 29, 1991...I have worked 30years developing my integrity and will not stand around while some attempt to destroy it..." Mayor Kirk stated, concerning Director Fortner's resignation letter it had come as a surprise to the Council and asked to continue the discussion of the supervisor position at this time. Council agreed with Mayor Kirk's suggestion. After lengthy discussion, Councilmember Collins made a motion to freeze the position of supervisor in place; seconded by Councilmember Entry. Kirk Collins Entry Walker Watford Motion Carried. Councilmember Collins stated, last meeting I brought it up to have the Finance Department out under the direction of the Administrator. I asked Elaine to call local cities of our same population size to see who their finance department reported to and as you sere in exhibit 11, sixteen of the seventeen cities' finance departments3report to the administrator. Vcff YES I W IABSEN1 X X X X X JANUARY 7, 7991 - REGULAR MEETING - PAGE 11 OF 14 H. NEW BUSINESS CONTINUED 13. Continued . . . 14. Discuss paying for retired employees (Exhibit 12). health insurance to - Councilmember Collins I. COUNCIL REPORTS AND/OR REQUESTS: Discuss Director Fortner's letter of resignation: COUNCILMEMBERS/ACTION Councilmember Entry commented he talked with all department heads and sees no reason for the change • - "the department seems to be working fine the way it is . . ." Councilmember Watford made a motion for the finance department to remain under the direction of the council; seconded by Councilmember Walker. Kirk Collins Entry Walker Watford Motion Carried. Councilmember Collins made a motion that the City allow any retired employees to be given group rates to pay the insurance themselves excluding the two whose insurance is being paid presently by the City; seconded by Councilmember Entry. After lengthy discussion, vote is as follows: Kirk Collins Entry Walker Watford Motion Carried. Mayor Kirk asked for comments from Council at this time concerning the letter of resignation by Public Utilities Director Fortner. Councilmember Watford stated "I think it's a loss to the City, I regret being part of the system that drove him (Director Fortner) to this decision and I hope there's something this Council can do to change his mind within the next three months. He is a most outstanding example of honesty, integrity and the hardworking employee". VOTE SAES W IABSTN7 X X X X X X X X X X r�l JANUARY 7. 1991 - REGULAR MEETING - PAGE 12 OF 14 I. COUNCIL REPORTS AND/OR REQUESTS: COUNCILMEMBERS/ACTION VOTE YES W ATaSEM Councilmember Watford continued, "...I hope everyone realizes the Discussion of Director Fortner's letter of resignation continued severity of this. In that department we have lost the maintenance supervisor, the assistant director and now the director of Public Utilities. It could be disastrous for us. The City needs to get on the ball right away, and we need to fill these vacancies right away and we need to do it now." Councilmember Walker, asked for a vote of confidence from the Council to change his (Director Fortner) mind. Mayor Kirk commented, I do not think anyone can dispute his honesty, integrity, loyalty and dedication. I have not heard anything against him, along that line though, I do feel we are going to need an engineer sometime soon in that department. Councilmember Collins stated I question his judgement, not his honesty, I feel we need a water/sewer engineer. C� "Well then lets get on it immediately", expressed Councilmember .,.� Watford. Councilmember Entry stated he was shocked at L.C.'s resignation. Mayor Kirk asked Attorney Cook if the Council needed to accept the resignation? Attorney Cook stated, we need to get this advertised if you are going to accept it. Councilmember Collins made a motion to accepC Director Fortner's resignation. Motion died for lack of second. Councilmember Collins made a motion to decide to either accent or reject Director Fortner's resignation by the next Council meeting also to have the job description and qualification requirements available for the Council at the next meeting; seconded by Councilmember Entry. Kirk X Collins X Entry X Walker X Watford X 91 - REGULAR MEETING - PAGE 13 OF 14 I. COUNCIL REPORTS AND/OR REQUESTS CONTINUED Councilmember Watford: 2. Mayor Kirk: VOTE COUNCILMEMBERS/ACTION yEs a) Councilmember Watford commented on the subject of clearing undeveloped property in the City. " . . . I think its a shame to make people clear their land, one of the beauties of Florida is its vegetation, grass and trees ." b) Evaluate Administrators Contract Councilmember Watford discussed the topic to review the administrator's service contract. "I firmly believe we need to look at the contract of the administrator to provide a deadline or at the least a yearly evaluation". Councilmember Watford made a motion to instruct Attorney Cook to review the administrators contract and advise a time limit and/or evaluation be added; seconded by Councilmember Entry for discussion. After discussion among council, Councilmembers Walker and Entry stated they would like to review the contract themselves before making a decision on it. t..{ Councilmember Entry withdrew his second to the motion. Councilmember Watford's motion to instruct Attorney cook to review the administrators contract and advise of time limit and/or evaluation be added died for lack of second. Mayor Kirk expressed his appreciation to the Council for their vote of confidence in appointing him Mayor. xz.; JANUARY 7, 1991 - REGULAR MEETING - PAGE 14 OF 14 ADJORNMENT Mayor Kirk: NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM 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. aq(b§ E. Kirk", Mayor Bonn of S.Thomas, City Clerk, CMC U_ COUNCILMEMBERS/ACTION Mayor Kirk adjourned the meeting at 9:25 P.M. VOTE YES 1 NO y