Loading...
1991-09-03 Regular MeetinglOKEr IVOf y0 �OR10' I" A. Call meeting to order. C I T Y O F O K E E C H O B E E C I T Y C O U N C I L M E E T I N G SEPTEMBER 3, 1991 - 7:00 P.M. SUMMARY OF COUNCIL ACTION B. Invocation offered by Pastor 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: Attorney John R. Cook Administrator John J. Drago Clerk Bonnie S. Thomas Deputy Clerk S. Lane Earnest Page I a6 76 VOTE COUNCILMEMBERS/ACTION Mayor Kirk called the meeting to order at 7:00 P.M. Invocation offered by Pastor Griffis; Mayor Kirk led the Pledge of Allegiance. Present Present Present Present Present Present Present Present Present D. Motion to dispense with reading and Councilmember Collins made a motion to dispense with reading and approve the Summary of Council Action approve the Summary of Council action for the regular meeting of for the regular meeting of August 6, August 6, 1991; seconded by Councilmember Entry. 1 991 . KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Mee-tina - Paae 2 oA 16 F. E. Motion to approve Warrant Registers for July, 1991: General Fund ....... $ 96,758.60 Public Utilities ... $133,698.58 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 1. Mayor announces that the purpose of this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 1991-1992. 2. Mayor announces that the proposed mil- lage rate levy represents 5.60% over the roll -back rate computed pursuant to Florida Statute 200.065(1). 3. Mayor asks for comments or questions from the public. Seatembe4 3, 1991 - Re COUNCILMBMBBRS/ACTION Councilmember Watford made a motion to approve the Warrant Registers for the month of July, 1991, General Fund $96,758.60 and Public Utilities $133,698.58; seconded by Councilmembers Collins and Walker. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. None. Mayor Kirk announced that the purpose of this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 1 991-1 992. Mayor Kirk announced that the proposed millage rate levy represents 5.60% over the roll -back rate computed pursuant to Florida Statute 200.065(1). Mayor Kirk asked for comments or questions from the public. Andy Rubin, President of a local Taxpayers Association, appeared before the Council. Mr. Rubin congratulated the Council for only raising the ad valorem taxes $40,000.00 and asked the Council that before they vote on anything tonight to take a hard look at Department Head salary's, Police Department and Public Utility Department cars, street paving and items entitled "improvements". In his opinion the budget was inflated in those X X X X X VOTE September 3, 1991 - Re F. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. Meeting - Page 3 0{ 16 COUNCILMBMB6RS/ACTION 4. A. A motion to read by title only, and Councilmember Watford made a motion to read by title only, and set September 17, 1991 at 7:00 P.M. for set September 17, 1991 at 7:00 P.M. for the final hearing, the final hearing, Ordinance 638 levying Ordinance 638 levying a millage rate for the General Fund Budget a millage rate for the General Fund and and Debt Service; seconded by Councilmember Walker. Debt Service - City Attorney (Exhibit 1). 4. B. A motion to approve the first reading of Ordinance 638 levying a millage rate for the General Fund Budget and Debt Service. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Attorney Cook read Ordinance 638 by title only as follows: "AN ORDINANCE LEVYING A MILLAGE RATE WHICH RATE IS SET ON ALL REAL AND PERSONAL PROPERTY, PROVIDING THAT 4.15 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY: THAT 4.15 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES AND .39, PER THOUSAND DOLLAR VALUATION INCLUDING HOMESTEAD, SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENERA OBLIGATION BONDS: THAT SAID MILLAGE RATE IS 5.60% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S.200.065(1); PROVIDING AN EFFECTIVE DATE." Councilmember Collins made a motion to approve the first reading of Ordinance 638 levying a millage rate for the General Fund Budget and Debt Service; seconded by Councilmember Entry. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. VES X X X X X VOTE VOTE F. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 5. A. A motion to read by title only, and set September 17, 1991 at 7:00 P.M. for the final public hearing, Ordinance 639 establishing the revenues and expenditures for General Fund Budgets - City Attorney (Exhibit 2). 5. B. A motion to approve the first reading Ordinance 639 establishing the revenues and expenditures for the General Fund Budgets. COUNCILMEMBERS/ACTION Councilmember Collins made a motion to read by title only, and set September 17, 1991 at 7:00 P.M. for the final public hearing, Ordinance 639 establishing the revenues and expenditures for General Fund Budgets; seconded by Councilmember Entry. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Attorney Cook read Ordinance 639 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $2,385,725.00 AND EXPENDITURES OF $2,385,725.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,010,354.00 AND EXPENDITURES OF $720,500.00, LEAVING A FUND BALANCE OF $289,854.00; DEBT SERVICE REVENUES OF $296,967.00 AND EXPENDITURES OF $237,209.00 LEAVING A FUND BALANCE OF $59,758.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $2,675.00 AND NO EXPENDITURES LEAVING A FUND BALANCE OF $4,675.00; PROVIDING AN EFFECTIVE DATE." Councilmember Collins made a motion to approve the first reading, Ordinance 639 establishing the revenues and expenditures for the General fund Budgets; seconded by Councilmember Watford. YES 1 NO X X X X X VOTE F. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 5. B. Continued . . . . COUNCILMEMBERS/ACTION Councilmember Collins began discussion concerning salaries commenting, about three or four years ago we set up a schedule for raises in the City. It started off with our lower paid employees and they got a raise the first year and it was staggered right down the line until it got to the Department Heads. The people in my opinion who have not had a raise since 1988 deserve a raise according to our plan. The people who had a raise last year unless they have changed classifications of jobs, been promoted to another position that calls for a raise or they have been re -certified or certified in something else, I do not think they deserve a raise at this time. I base that on our statement from last week (August 28, 1991 Workshop) that we had money in the Public Utilities Fund to give raises. We have got to remember people who work in the Police and Fire Departments and in these offices here, they work for the City too. I do not think just because the Public Utilities Fund has the money that they should be the only ones to get the raise. I am in favor of giving the people raises who have not received one since 1988 and that is mostly Department Heads, but the people who work in the departments that got raises last year, that does no follow our schedule, I am against those raises. Councilmember Watford stated he agreed with Councilmember Collins concerning the raises for the Department Heads, however his comments for the raises in the Public Utilities Department he would defer comments until discussion on that particular budget was brought to the floor. Following lengthy discussion, Councilmember Collins made an amended motion to the motion to approve the first reading of Ordinance 639, to increase the Clerk's salary to $27,000.00 and take out the wording "car allowance" and make it a part of the salary; seconded by Councilmember Watford. KIRK COLLINS ENTRY WALKER WATFORD AMENDED MOTION CARRIED. Seatemben 3, 1997 - Requ&n Meeting - Page 6 oU 16 VOTE F. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 5. B. Continued . . . . 6. A. A motion to read by title only, and set September 17, 1991 at 7:00 P.M. for the final public hearing, Ordinance 640 establishing the revenues and expendi- tures for the Public Utilities Budget - City Attorney (Exhibit 3). 6. B. A motion to approve first reading Ordinance 640 establishing the revenues and expenditures for Public Utilities Budget. COUNCILMBMBBRS/ACTION Vote on original motion to approve the first reading of Ordinance 639 as amended is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Entry made a motion to read by title only, and set September 17, 1991 at 7:00 P.M. for the final public hearing, Ordinance 640 establishing the revenues and expenditures for the Public Utilities Budget; seconded by Councilmembers Walker and Watford. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Attorney Cook read Ordinance 640 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992; WHICH BUDGET SETS FORTH PUBLIC UTILITIES REVENUES OF $10,2119.043.00 AND EXPENDITURES OF $6,728,289.00, LEAVING A FUND BALANCE OF $3,390,754.00, PROVIDING AN EFFECTIVE DATE." Councilmember Watford made a motion to approve first reading, Ordinance 640 establishing the revenues and expenditures for Public Utilities Budget; seconded by Councilmember Walker. X X X X X X X X X X VOTE F. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 6. B. Continued . . . . COUNCILMEMBERS/ACTION Councilmember Collins opened discussion commenting, I would like to emphasize something. I am not saying that some of the Utilities Department does not deserve some of the raises, I would never say that. I want to re-emphasize that everybody works for the City and if the Public Utilities is making money we could raise them forever and the people who work on the ad valorem taxes (General Fund) might not ever get a raise. Look at what that would do to your moral of personnel at the City. Councilmember Watford stated he would have to agree and he did not think it was going to have much affect on the budget. A City employee is a City employee. We have a rotation schedule going and I do not think it would be fair to take some of the employees out of that rotation. I do think however, there are some people in the Public Utilities Department that should be reclassified because I think they are doing jobs over and above what should be expected of them and I have no problem if they were promoted, of course, that is not everybody in the department. Councilmember Collins added, I stated before if they were re- certified, certified in some other class of job or promoted then they would naturally be due a raise if they got a promotion. I can think of one that took on added responsibilities and he should also take on some added change. Council also discussed briefly for next year to go back to the yearly raises for everyone and merit raises for employees. Following further discussion, Councilmember Collins made an amended motion to the motion to approve the first reading of Ordinance 640, to delete raises for everything except the Department Head, people that have been certified in other positions or re -certified, or people that have been promoted; seconded by Councilmember Watford. YES 3 7997 - Re uYan Me - VOTE COUNCILMEMBERS/ACTION yes F. OPEN PUBLIC HEARING FOR THE FIRST READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 6. B. Continued Councilmember Watford pointed out in this department (Public Utilities) the Department Head was not proposed for a raise. KIRK X COLLINS X ENTRY X WALKER X WATFORD X AMENDED MOTION CARRIED. Vote on original motion to approve the first reading of Ordinance 640 as amended is as follows: X KIRK X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. _fit G. NEW BUSINESS 1. Motion to appoint Shirley Johnson to the Councilmember Entry made a motion to appoint Shirley Johnson to Code Enforcement Board - City the Code Enforcement Board upon the recommendation of the Code Administrator (Exhibit 4). Enforcement Board; seconded by Councilmember Collins. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. VOTE G. NEW BUSINESS 2. Motion to approve a partial pay request to Sharp Construction in the amount of $16,343.73 - Interim Director of Public Utilities (Exhibit 5). COUNCILMBM86RS/ACTION Councilmember Watford made a motion to approve a partial pay request to Sharp Construction in the amount of $16,343.73, upon the recommendation of the engineer; seconded by Councilmember Collins. Councilmember Collins asked if this does not take care of everything except the retainage fee? PUID Groover answered, No, this is not a final pay request. Councilmember Watford stated that he was confused due to the fact that at the last meeting when they approved a partial pay request the Council was told "...that with this pay request the City will have paid in full except for the retainage fee...the project is basically completed and will be coming to a close in approximately two weeks". PUID Groover explained, that was correct,Mr. Sharp did tell the Council they would be finished in two weeks, but they have not completed it. She anticipated this pay request to be the final one, but it is not. Mayor Kirk asked how much was still owed on this contract? PUID Groover answered with the retainage fee an estimate of $64,000.00, without the retainage fee an estimate of $19,000.00. Mr. Sharp announced the job was completed except for one days touch-up work. Vote on motion is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. X X X X X 3. 1991 - Reau&4 MP.etina - VOTE G. NEW BUSINESS ' COUNCI LMEMBERS/ACTION ]YES 3. Motion to adopt Resolution 91-6 establishing a Water Conservation Policy - City Administrator (Exhibit 6). 4. Motion to approve $9,000.00 for Professional Services to the Central Florida Regional Planning Council to complete a Department of Community Affairs Grant for Land Development Regulations - City Administrator (Exhibit 7). (Councilmember Watford made a motion to adopt Resolution 91-6 establishing a Water Conservation Policy; seconded by Councilmember Collins. Administrator Drago explained this is another item that has to be completed to keep in compliance with the Consent Agreement with the Department of Environmental Regulation that was passed June 4, 1991. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Title of Resolution 91-6 reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE ESTABLISHING A WATER CONSERVATION POLICY." Councilmember Entry made a motion to approve $9,000.00 for Professional Services to the Central Florida Regional Planning Council to complete a Department of Community Affairs Grant for Land Development Regulations; seconded by Councilmember Watford. Councilmember Watford asked if this was something we could do ourselves; and if we are confident we are going to get the money ($7,600.00)? Administrator Drago answered, no -we cannot do this ourselves and yes -we feel confident we are going to get the money. X X X X X SevtembeA 3. 1997 - R 1rs VOTE G. NEW BUSINESS 4. Continued . . . . 5. Motion to retain Michael W. Morell, Attorney at Law, to represent the City with our Comp Plan - City Administrator COUNCILMBMBERS/ACTION ote on motion is as follows: RK LLINS TRY LKER TFORD TION CARRIED. Attorney Cook explained to the Council that he and Administrator Drago met with Attorney Morell and also have talked with him on the phone. Attorney Morell is an expert in administrative law. He tells us that the procedure that the Department of Community Affairs will now go through is to file a petition against the City due to the fact that the Comprehensive Plan is not in compliance. This petition is similar to a law suit, it invokes the administrative authority of the State with a hearing officer, to more or less simultaneously get the administrative action proceeding in the case. Also the City would be allowed to negotiate and revise the Comprehensive Plan and make some changes perhaps that they would let us live with. But, Attorney Morell tells us that petition should be coming any day. Once the petition is filed, while the City is not required to give a legal answer we have the option to do so within twenty days of the petition and he tells us that strategically to protect the City's legal interest it might be appropriate to file an answer, it might not. Attorney Morell has not, at this point, agreed to represent the City. I think the intent of this request tonight is not to formally retain Attorney Morell, but to authorize the City through Administrator. Drago and myself to retain Attorney Morell at least for that limited purpose to see what legal direction is best for the City. He has a retainer agreement in exhibit eight of the agenda which explains he would bill by the hour. If the Council wishes, it may be appropriate that we do not spend over a dollar amount until we find out what direction we need to go and report back to the Council. tembe)t 3, 1991 --R Meetina - Paae 12 o{ 16 G. NEW BUSINESS 5. 6. Continued . . . . Consider a Street Closing Application from Mr. Walter J. Glowacki & Sons - City Clerk (Exhibit 9). COUNCILMEMBERS/ACTION The purpose of this is if we get that petition Attorney Morell is either going to come down here or I am going to go to Tallahassee and we are going to go over the petition and get with the Central Florida Regional Planning Council and try to come up with a direction so this is more or less a contingency type of plan to hire this attorney if we need him. Following discussion, Councilmember Collins made a motion to retain Michael W. Morell, Attorney at Law, to represent the City on our Comprehensive Plan, upon the recommendation of Attorney Cook, and the amount should not exceed $500.00; seconded by Councilmember Entry. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Following discussion among the Council concerning streets that are already closed north of this area and property occupied by the Department of Transportation; Councilmember Collins made a ,motion to table this street closing application until the September 17, 1991 meeting in order to allow time to research the property occupied by the Department of Transportation; seconded by Councilmember Entry. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. RECESS: 8:30 P.M. - - RECONVENED: 8:39 P.M. VOTE YES i NO X X X X X X X X X X Se - Re G. NEW BUSINESS 7. Discuss proposed changes to the Pension Plans - City Administrator (Exhibit 10). COUNCILMFMBBRS/ACTION ouncilmember Watford asked Attorney Cook if he agreed with the rocedure that the Administrator recommended? ttorney Cook answered, "Yes, the Pension Board retained a ension attorney who apparently suggested these changes. I nderstand that some of the changes will have a financial impact n the City, upwards or downwards, I do not know. Administrator rago suggested that I consent that the labor attorney review hat the Pension Board attorney proposes to let the Council know hat the impact is on the proposed change prior to voting. ouncilmember Watford asked why we need a labor attorney to look t this. Why can't it just come before us with the necessary ctuarial statements and us make a decision on it. Mayor Kirk suggested that the Council look at it, for example the first page under normal retirement benefit 2.0% x AFC (Average Final Compensation) x Credited Service if you have someone who had been with the City for 30 years that means they would get 60% based right now, their highest for consecutive five years or the last ten. The proposed change would go from 60% to 90%. Police Chief Mobley, who is also Chairman for Police Pension addressed the Council. "What was done in our last meeting, we have been working hard on two drafts, as you know you change a draft and you go back and make re -copies and that cost us $150.00 an hour for that attorney to set up there and make these changes. What we were trying to do is get Administrator Drago a copy of the draft, let him look at it, if there are changes that needed to be made in his opinion, we could negotiate it, change it, and then we would come up with a final draft and impact statements so the Council would know how much money, if any, they would have to fund. If the Council wants to go with the labor lawyer down in West Palm that is up to you. We did not intend for this to come before the Council tonight for you to start making decisions because it is not ready. We were looking for changes and input from Administration. VOTE G. 7. .8 . NEW BUSINESS Continued . . . . Discuss the Occupational License Fees - Councilmember Collins (Exhibit 11). COUNCILMEMBERS/ACTION Councilmember Watford stated, it is my understanding that the Pension Attorney wants to meet with the Administrator and Attorney Cook to go over the proposed changes that you have made to get their opinion? Councilmember Collins commented he felt if the Pension Board was going to have an expert representing them, then the City should have an expert also to make it fair. Following further discussion Mayor Kirk instructed Administrator Drago and Attorney Cook to meet with the Pension Board and their Attorney for preliminary work. Councilmember Collins stated, he found it hard to understand how and why doing business in the City of Okeechobee can become so costly or so valuable in one year and questioned the formulas used to determine the new license fees charged to certain business owners. Councilmember Collins continued, I feel that we are taxing and feeing and franchising the business owners to death in this City. I cannot understand why our (Occupational License) fees would go up six hundred percent to fourteen hundred percent. Finance Director Parker addressed the Council stating, we looked at other city ordinances, we did not use their fees but we felt they had good guidelines according to what is being implemented, from our understanding, of the way fees are being charged now by square footage of the retail sales which was previously classified as merchant. The feeling was that the inventory was not always being reported to the City correctly. In order to go along with what is being done in other cities the square footage was the choice used. Councilmember Collins suggested that since it would not affect our budget, per Administration and Finance, that we go back to last years fees until the Council can figure out something that is realistic. YES 1 �712 VOrE G. 0 0 NEW BUSINESS Occupational License Continued . . . . Discuss Water/Sewer Ordinance - Councilmember Collins (Exhibif-'11). COUNMMEMBERS/ACTION Councilmember Watford commented, I know this is bad, we started this process a year ago, we formed a committee, we held the public hearings, now we are going to shelve it? I agree with the formula, seems like a fairer way to go. Instead why not decrease the amount of the footage and put max's on the fees? Councilmember Collins made a motion to revert to last years fees until we work something out. Motion died for lack of second. Business owners Allen Searles of Riverbend Mobile Homes, Gary Scherrer of Okeechobee Hardware, Jim Price of Masters Lock and Safe, Charles Wilson of Okeechobee Contractors Supply, Jim Brown, Rucker Wilcox, Don Speaks of Okeechobee Pipe and Fitting and Roger Jones addressed the Council with concerns about their increased license fees. Discussion ensued and Councilmember Watford made a motion to instruct the staff to revise the retail sales and mobile home categories, and in the event if there is a delinquent fee it should be waived; seconded by Councilmember Entry. COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Collins stated the second item he would like to bring to the Council's attention is water bill deposits. Explaining that a few months back we were in a real puzzle up here because a laundry -mat left owing the City about $1900.00 on a water bill. The way to solve that, the conclusion we came to, was to charge everybody a value that would equal two months average water bill; and I read it in our Ordinance the other day. I have,a problem with that. I will use myself as an example. I run a feed store, my water bill is between $9.00 and $11.00 a month, my average bill is $10.00 a month. My deposit is suppose to be $75.00. In other words I can go nine months and not pay anything and we would be even. -The original intent of that ordinance was to take care of a two months water bill. Discussion continued but no official action was taken. X X X X X temben 3. 1991 - Reauta4 Meetino - VOTE H. COUNCIL REPORTS AND/OR REQUESTS: ADJOURNMENT 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!- OFFICE. , mes E. Kirk, Mayor Attest: Bonnie S. Thomas, CMC, City Clerk COUNCILMEMBERS/ACTION E. yor Kirk adjourned the meeting at 10:35 P.M. VES