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1991-05-21 Regular MeetingF °KEFc ` �m CITY OF OKEECHOBEE C I T Y C O U N C I L M E E T I N G May 21, 1991 - 7:00 P.M. SUMMARY OF COUNCIL ACTION A. Call meeting to order. B. Invocation offered by Pastor James Griffis Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James "Jim" Kirk �., Councilmember R.R. "Nick" Collins Councilmember Danny Entry Councilmember Jerry E. Walker 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 for May 7, 1991 and the workshop of May 13, 1991. COURMMEMSERS/ACTION Mayor Kirk called the meeting to order,at 7:00 P.M. Invocation offered by Pastor James J. Griffis; Mayor Kirk led the Pledge of Allegiance. Present Present Present Present 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 May 7, 1991 and the workshop of May 13, 1991; seconded by Councilmember Walker. KIRK COLLINS ENTRY — WALKER WATFORD MOTION CARRIED. Page 1 ab 12 Mau %I _ I99I - PonlJnh Moot,ivin - Pano 9 n� 79 COUNCILMEMBERS/ACTION VOTE REQUEST FOR THE ADDITION, DEFERRAL OR YES NO A&ENT Administrator Drago announced item number seven under new WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. business, exhibit three was added to the agenda. E. OPEN PUBLIC HEARING FOR THE FINAL ORDINANCE ADOPTIO la. Motion to read by title only Ordinance Councilmember Collins made a motion to read by title only, 636 - City Attorney (Exhibit 1). Ordinance 636; seconded by Councilmember Entry. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance 636 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING SECTIONS 2-1 AND 2-2 OF THE CODE OF ORDINANCE PROVIDING FOR AN EFFECTIVE rl DATE." Mayor Kirk asked for any public input. There was no response from the public. 1b. Motion to adopt Ordinance 636. Councilmember Collins made a motion to adopt Ordinance 636; seconded by Councilmember Entry. Councilmember Watford made a motion to amend the motion to adopt Ordinance 636 adding, "one of which shall be an elected official" at the end of the proposed paragraph in section two. Amended motion died for lack of a second. Councilmember Watford stated he would urge the Council not to pass this ordinance because in his opinion there should be an elected official's signature on the checks. Mayor Kirk asked Administrator Drago if this was the policy in most other cities? Administrator Drago responded that most had a machine that stamped the signature on the checks. - Paoe 3 oA 72 E. OPEN PUBLIC HRARTNa PnR muR VTUNT nnrNrw,x-, - COUNCILMEMBERS/ACTION VO E yES � ADOPTION CONTINUED lb. Continued . . . There being no further discussion, vote is as follows: KIRK X COLLINS X ENTRY X WALKER WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING F. NEW BUSINESS 1. Motion to appoint Mary Soini as a new Councilmember Collins made a motion to appoint Mary Soini as a dispatcher - Police Chief. new dispatcher � p (assigned to the Police Department); seconded by Councilmember Watford. e—i KIRK X COLLINS X ENTRY X WALKER X t WATFORD X MOTION CARRIED. Chief Mobley introduced Ms. Soini to the Council. Mayor Kirk extended a welcome to her. 2. Motion to appoint Alena Morris as a Councilmember Entry made a motion to appoint Alena Morris as a regular dispatcher - Police Chief. regular dispatcher (assigned to the Police Department); seconded by Councilmember Collins. KIRK XX COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. X X Mau 91 - 1991 - RonuPnh Moot vin - Pnno 4 nl, 19 COUNCILMEMBERS/ACTION VOTE VES W AE NT F. NEW BUSINESS 3. Motion to reappoint Linda Ballinger and Councilmember Entry made a motion to reappoint Linda Ballinger Jim Palmore to the Code Enforcement Board and Jim Palmore to the Code Enforcement Board until April 30, until April 30, 1994 - City Administrator. 1994; seconded by Councilmember Collins. Councilmember Watford asked if the positions were advertised. Administrator Drago answered no. Following brief discussion among Council and staff, Council agreed to have the positions for the Code Enforcement Board advertised before they are filled as they become open for vacancies or term ending. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 4. Motion to approve the hiring of Irene Councilmember Entry made a motion to approve the hiring of Irene Douglas as a temporary meter reader for Douglas as a temporary meter reader for vacation fill-in; seconded vacation fill-in - Interim Director of by Councilmember Walker Public Utilities. Following discussion among Council and staff, motion was withdrawn. Councilmember Entry made a motion to approve the hiring of Irene Douglas as a temporary meter reader for vacation fill-in for a maximum of sixty days, if needed longer, Interim Director Groover is to come back to the Council with a request for the extension; seconded by Councilmember Walker. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Mau 21. 1991 - Reciu&an Mee-tina - Paae S oA 12 COUNCICMEMBERS/ACTION VOTE VES NO ARSEM F. NEW BUSINESS 5. Motion to approve the rank ordering of Councilmember Watford made a motion to rank the engineering firms engineers for the Waste Water Treatment for the Waste Water Treatment Plant project in the following Plant expansion and to begin negotiations order: with the firms - Interim Director of Public Utilities (Exhibit 2). 1. Hartman & Associates, Inc; 2. Knepper & Willard, Inc.; 3. Barker, Osha and Anderson; 4. Lindahl, Browning, Ferrari and Hellstrom, Inc. Motion died for lack of a second. Councilmember Collins made a motion, for discussion, to approve the ranking order of engineers for the waste water treatment plant expansion (as presented to Council in exhibit two) and to begin negotiations with the firms; seconded by Councilmember Walker for discussion. Rank as listed in exhibit two: uC 1. Knepper and Willard, Inc., Tampa; 2. Eckler Engineering, Coral Springs; 3. Pitman, Hartenstein and Ashe, Inc., Ft. Myers; 4. Kimball Lloyd, Inc., Vero Beach. Councilmember Collins asked if all the firms ranked were evaluated by Interim Director Groover, Supervisor Sorenson, and Administrator Drago? Interim Director Groover answered she did evaluate them but not in a sense of a voiced vote, due to the fact that she was new to the City and formerly employed by one of the firms submitting a proposal. Councilmember Collins stated, "these were reviewed and our people think this is the best ranking for the City, and I have no problem with the ranking." Councilmember Watford commented, "I have no particular problem with the way the ranking is as it stands, and I agree with Councilman Collins, I am sure our staff has looked at these and carefully examined them. We (the Council) need a set of P guidelines to follow, to keep from doing it this way this time and another way the next time." F. NEW BUSINESS 5. Continued . . . . 6. Discuss the Council Reports and/or Requests section of the agenda format - Mayor Kirk. 7. ADDITIONAL ITEM TO THE AGENDA: Motion to approve an interlocal agreement between the City and the County concerning local option gas tax - City Administrator (Exhibit 3). COUNCILMEMBERS/ACTION Mayor Kirk added, "if we are going to have people working for this Council, and putting the time in to come up with something like this (Competitive Negotiations Act) ranking, we probably do need a policy that we can try to follow so that we do not go through what happened the last time and we do not have the kind of discussion we are having right now. Councilmember Watford's point is well taken. We will re -address this item at the end of this meeting." PLEASE SEE COUNCIL REPORTS AND/OR REQUEST, NUMBER THREE FOR DISCUSSION OF A POLICY. Vote on motion is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Mayor Kirk opened the floor for discussion, stating he had asked the Council to give consideration to dropping the reports and/or requests section of the Council meeting. "I would like to see anything discussed here be put on the agenda." Following a brief discussion among the Council it was decided to leave the agenda format as it is currently. Councilmember Collins made a motion to approve an interlocal agreement between the City and the County concerning the Local Option Gas Tax; seconded by Councilmember Watford. Councilmember Watford asked how this years' figures compare to last years. Administrator Drago answered last year the City was 22.96% (this year it is 23.04%). VOFE YES I X X X X X :�O 27. 7991 - Reautan Mee-tina - Paae 7 of 12 F. NEW BUSINESS 7. Continued . . . . G. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilmember Collins: COUNCILMEMBERS/ACTION Councilmember Entry asked why the gas tax is six cents now and two to three months ago we (service station businesses) started paying ten cents county tax? Administrator Drago explained the four cents and two cents local option gas tax is established by ordinance by the County Commissioners for twenty years. We have not received any type of notification that they had increased it. After further discussion among Council and staff, motion was withdrawn. Councilmember Collins made a motion to approve an interlocal agreement between the City and County concerning the Local Option Gas Tax contingent upon Administrator Drago verifying this is the only optional gas tax; seconded by Councilmember Entrv. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. a) Mandated Programs in Florida Councilmember Collins shared with the Council an article in the Florida League of Cities Legislative Bulletin concerning mandated programs in Florida. Senator Grizzle has come up with a bill to be adopted for the State to get around the people having the say on the mandates if it is not a "significant" dollar amount. He suggested a letter be sent representing the City Council's feelings opposing this bill. Attorney Cook stated it was an in -run by the State Legislature to bypass the amendment. VOTE 1 YES I NO X X X X X May 21, 1991 - Requ&4 Meetina - Paae & oA 12 G. 0 COUNCIL REPORTS AND/OR REQUESTS: Continued . . . . Councilmember Watford: COUNCILMEMBERS/ACTION Administrator Drago stated he had put in calls to all the representatives and senators from our district and to the governors office voicing the City's opposition to the proposed bill, but he would send a letter as well as instructed by the Council. b) Councilmember Collins requested the Council study the grass cutting ordinance for possible changes by amendment. a) Appreciation to Public Utilities Department Councilmember Watford extended appreciation to the Public Utilities Department commenting, "I know we complain about our city employees and I know there are a lot of things that our City employees do that we never know about. I know the public utilities department has had many hours of overtime lately due to water lines being broken and our crew was out there all night long. It makes you feel good to know we have employees with that dedication and I know we do in all the departments, we complain a lot but I would just like to say I appreciate the hours that they put in. b) Railroad Crossings Councilmember Watford brought up for discussion the subject of the railroad crossings which are in need of repair in the City. Director Elders explained he had been in contact with the railroad and Northwest 6th Street is going to be repaired first then Northwest 2nd Street. Mayor Kirk announced he had received a letter from the County School Board requesting repairs be made at the railroad crossing on Northwest 9th Street due to the fact that it is dangerous and school buses cross that crossing fifty-eight times a day. Councilmember Collins suggested, to get the railroads attention to help improve the crossings, that Chief Mobley impose a fifteen mile per hour speed limit for their trains through the City. DUN YES I NO 21, 1991 - Regutaa Meeting - Page 9 o6 12 G. 9H COUNCIL REPORTS AND/OR REQUESTS: Continued . . . . COIWCILMEMBERS/ACTION c) Director of Public Utilities Status Councilmember Watford asked where we stood on the replacement for public utilities director? Administrator Drago answered, the City has received quite a few resume's for both positions. At the end of May he will contact the Mayor to have one meeting with the committee to go over the applications for the director. d) Public Works Bid Status Councilmember Watford asked what was being done about the mower bid which was postponed at the last meeting. Director Elders explained he had not been able to see the mower from the lowest bidder to date and that if he cannot see it soon he would recommend the second lowest which was Sunrise Tractor. e) Comprehensive Plan Status Councilmember Watford asked the status of the comprehensive plan. Administrator Drago said he had not heard anything from the Department of Community Affairs. f) Solid Waste Interlocal Agreement Councilmember Watford requested clarification concerning the ordinance the County passed on billing for garbage in the County and City; along with mandatory garbage pick-up in the County. Administrator Drago clarified the subject explaining the interlocal agreement basically says: 1. The City shall continue to bill and collect all solid waste fees in the incorporated limits; 2. The City shall pay to the County the costs of disposal for all solid waste delivered to a County owned landfill by the use of its own resources or by franchise with a private hauler; 3. The City reserves the right to use any billing, collecting and payments system that it deems appropriate; 4. The County reserves the right to amend its tipping fees at a County owned landfill, the County further agrees not to impose tipping fees to the City greater than the fees charged to the other users; 5. Any party can terminate this agreement by giving thirty days written notice to the party. NOR YES I NO G. 2. 3. COUNCIL REPORTS AND/OR REQUESTS: Continued . . . . Councilmember Walker: COUNCILMEMBFRSIACTION Administrator Drago further explained the agreement was going to be placed on the County Commissioners agenda for the next meeting. However, County Manager Milita asked him to revisit number five of the agreement to add some more verbiage that if the County goes into whatever system they go into they (the County) would like some assurances that the City will not terminate this interlocal agreement because the City does not like the way they are handling the landfill. Administrator Drago will get with Attorney Cook for the additional verbiage. If they (the County) goes into privatizing the landfill, the interlocal agreement is mute. Set Policy For Ranking Firms Councilmember Walker suggested the Council compose a set of guidelines to follow concerning ranking engineering firm and negotiating contracts. There was a lengthy discussion among the Council and staff, after which Councilmember Collins made a motion that in the future any (Competitive Negotiations Act) ranking of engineers shall be done by, but not limited to the Administrator and that Department Head which is involved; seconded by Councilmember Watford. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Council continued their discussion concerning who would be involved in negotiating the contracts after the firms were ranked. Administrator Drago was instructed to place this as an agenda item for the next meeting of June 4, 1991. YES 1 W X X X U 0 C'S 21, 1991 - Reaufan Mee-t4'na - VOTE eei G. 4. 5. COUNCIL REPORTS AND/OR REQUESTS: Mayor Kirk: Administrator Drago: COUNCILMEMBERS/ACTION a) Street Sweeping Mayor Kirk asked for Director Elders report on the street sweeping by L.P. Sanitation. Director Elders reported he had been given a schedule of their sweeping after they swept, however, with the rains everything had been washed into the storm drains. He continued that he had contacted L.P. Sanitation about the schedule being given before the sweeping and would have an updated report for the Council at the next Council meeting (June 4, 1991). Administrator Drago was instructed to write the company and request a street sweeping schedule be sent on time to Director Elders. b) Workshop with Beach Water Mayor Kirk announced he had received a response to the letter he sent inviting Okeechobee Beach Water Association to a workshop with the Council. The Council agreed a workshop is to be held on May 28, 1991, Tuesday, at 7:00 P.M., in the Municipal Chambers. c) Mayor Kirk asked the Council again to consider eliminating the "Council Reports and/or Requests" section of the agenda. Utility Task Force Board Administrator Drago reported the Utility Task Force had interviewed three firms to do the feasibility study. The cost for the study is to be divided equally among the three, (County, Beach Water and City) up to $5,000 each. The firm is P.M.& G. of Deerfield. Councilmember Walker made a motion to pledge up to $5, 000.00 for the City's share of the utility authority feasibility study; seconded by Councilmember Collins. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. YES 1 NO X X X X X Mau 21, 1991 - Reautan Mee-tina - Pane 12 of 12 COUNCILMEMBERS/ACTION VOTE YES NO ABSENT ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 9:00 P.M. 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. mes E. Kirk, Mayor Attest: Bonnie S. Thomas, City Clerk, CMC J <r sJ _. f'!