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1991-09-07 Regular MeetingI/ 0F OKEFC �U t0R10� 1 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 17, 1991 - 7:00 P.M. B. Invocation offered by Reverend Joe Cook; 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. Y Staff attendance: Attorney John R. Cook Administrator John J. Drago Clerk Bonnie S. Thomas Deputy Clerk S. Lane Earnest D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of September 3, 1991 and the workshop meeting of August 28, 1991. COIWCHMFMBFRS/ACTION Mayor Kirk called the meeting to order at 7:00 P.M. Invocation offered by Reverend Joe Cook; Mayor Kirk led the Pledge of Allegiance. Present Present Present Present Present Absent Present Present Present Page 1 oU 13 Councilmember Entry made a motion to dispense with reading and approve the Summary of Council action for the regular meeting of September 3, 1991 and the workshop meeting of August 28, 1991; seconded by Councilmember Watford. Councilmember Collins requested a correction in the September 3, 1991 regular meeting, page fourteen, item number eight, under new business, paragraph two should say "six hundred percent to fourteen hundred percent." VOTE T X X X X X X X X X SeptembeA 17, 1997 - Regufan Meeting - Page 2 o6 13 VOTE D. Continued . . . . E. Motion to approve Warrant Registers for August, 1991: General Fund ....... $81,869.55 Public Utilities ... $85,230.98 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 1. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget fo fiscal year 1991-1992. COUNCILMEMBBRS/ACTION Vote on motion is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Watford made a motion to approve the Warrant Registers for the month of August, 1 991 , General Fund $81 , 869.55 and Public Utilities $85,230.98; seconded by Councilmember Collins. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. None. Mayor Kirk 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 1 991-1 992. IN 17, 7997 - Regu&)L Meeting - Page 3 o6 13 F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 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 fr the public. c� 4. A. A motion to read by title only, L� Ordinance 638 levying a millage rate for the General Fund Budget and Debt Service - City Attorney (Exhibit 1). COUNCILMEMBERS/ACTION 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. Citizen Marvin Wheeler questioned the reason for purchasing station wagons for the City employees. Councilmember Watford explained that in the Council's agenda packets was a memorandum from the Administrator stating the bid was rejected due to the high prices and the station wagons will not be purchased. Councilmember Watford made a motion to read by title only, 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. Clerk Thomas 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 GENERAL OBLIGATION BONDS: THAT SAID MILLAGE RATE IS 5.60% MORE THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH F.S.200.0650 ); PROVIDING AN EFFECTIVE DATE." YES X X X X X VOTE SeptembeA 17, 1991 - Regutan Meeting - Page 4 o6 13 VOTE F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES - 7:00 P.N. 4. B. A motion to adopt Ordinance 638 levying a millage rate for the General Fund and Debt Service. 5. A. A motion to read by title only, Ordinance 639 establishing the revenues and expenditures for the General Fund Budget - City Attorney (Exhibit 2). COUNCILMEMBERS/ACTION Councilmember Collins made a motion to adopt Ordinance 638 levying a millage rate for the General Fund Budget and Debt Service; seconded by Councilmember Walker. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Entry made a motion to read by title only, Ordinance 639 establishing the revenues and expenditures for the General Fund Budget; seconded by Councilmembers Collins and Watford. Councilmember Watford asked, these are the same figures we had before us for first reading, and we made changes in Clerk's salary, so we must have adjusted something to come up with this, but our total is the same? Administrator Drago answered, yes. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. YES i NO X X X X X X X X X X IN 77. 1991 - Reautan VOTE F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 5. A. Continued . . . . 5. B. A motion to adopt Ordinance 639 establishing the revenues and expenditures for the General Fund Budget. 6. A. A motion to read by title only, Ordinance 640 establishing the revenues and expenditures for Public Utilities Budget.- City Attorney (Exhibit 3). COUNCILMEMBBRS/ACTION Clerk Thomas 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 Entry made a motion to adopt Ordinance 639 establishing the revenues and expenditures for the General Fund Budget; seconded by Councilmember Walker. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Watford made a motion to read by title only, Ordinance 640 establishing the revenues and expenditures for Public Utilities Budget; seconded by Councilmember Walker. KIRK COLLINS 2NTRY WALKER WATFORD MOTION CARRIED. YES 1 NU X X X X X 4 61 Sep-temben 77, 1991 - Requ&n Meeting - Page 6 F&J VOTE F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 6. A. Continued . . . . 6. B. A motion to adopt Ordinance 640 establishing the revenues and expenditures for the Public Utilities Budget. CUUNCILMBMBFRS/ACTION Clerk Thomas 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 Entry made a motion to adopt Ordinance 640 establishing the revenues and expenditures for Public Utilities Budget; seconded by Councilmember Watford. Councilmember Collins began discussion explaining he felt there was a re-classification in the Public Utilities Department just for money and that was not the intent of the Council. Councilmember Watford added he felt there must be a misunderstanding from the last Council meeting or a play on the word, "re-classified". Certain employees were re-classified and given a raise and other employees did not get re-classified and did not get the raise. Discussion continued among Council and Interim Director Groover. Mayor Kirk read the motion on page seven of the September 3, 1991 minutes, item "F.6.B.", last paragraph. .."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". Council felt no further discussion was needed and the intent of the motion was clear. VOTE F. OPEN PUBLIC HEARING FOR THE FINAL READING FOR THE BUDGET ORDINANCES - 7:00 P.M. 6. B. Continued . . . . G. NEW BUSINESS 1. Motion to approve a partial pay request to Youngquist Corporation in the amount of $46,476.00 - Interim Director of Public Utilities (Exhibit 4). 2. Motion to award a contract in the amount of $9,800.00 to PMG Associates to perform a comprehensive Water and Sewer Rate Study - City Administrator (Exhibit 5). COUNCILMEMBERS/ACTION Vote on motion to adopt Ordinance 640 is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Watford made a motion to approve a partial pay request to Youngquist Corporation in the amount of $46,476.00; seconded by Councilmember Collins. Councilmember Entry asked for a progress update on the wells. PUID Groover explained well number four was producing and number seven was almost complete and that the Council would be contacted to visit the well site as soon as possible. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Collins made a motion to award a contract in the amount of $9,800.00 to PMG Associates to perform a comprehensive Water and Sewer Rate Study; seconded by Councilmember Walker. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. rM X X! X X X X X X X X X X X Xi M G. NEW BUSINESS 3. Remove from table and consider a Street Closing Application from Mr. Walter Glowacki and Sons - Clerk Thomas (Exhibit 6). 4. Consider a request from G & M Land Development for refund of Water Allotment - Mr. Gary Davis (Exhibit 7). SeatembeA 17, 7991 - an Meetina - Paae8 of COUNCILMEMBERS/ACTION Councilmember Collins made a motion to remove from table a Street Closing Application from Mr. Walter Glowacki and Sons; seconded by Councilmember Watford. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Clerk Thomas explained to the Council she researched and found deeds of ownership to the Department of Transportation for streets between Blocks 27, 28, 39 and 40 of the City of Okeechobee bought from Parker Abney in 1965 as they requested at the last meeting. Following further discussion, Councilmember Watford made a motion to instruct Attorney Cook to proceed with drafting an ordinance for first reading at the next regular Council meeting and instructed Clerk Thomas to research further how and when Parker Abney obtained ownership of the streets to sell to the Department of Transportation; seconded by Councilmember Collins. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Mr. Gary Davis representing G & M Land Development appeared before the Council requesting a refund of water allotment explaining he started a development in Legacy Court, deeded to the City the water lines and paid the water allocation fee of $15,625.00, and the connection fee $825.00 (this was a reduced fee because of extra things he had put in each lot). X X X X X X X X X X VOTE iv I SeptembeA 17, 1997 - RequtaA Meetwcq - Page 9 oA 13 VOTE G. NEW BUSINESS 4. Continued . . . . 5. Discuss changes to medians on U.S. 441 - Director of Public Works COUNCILM5MBERS/ACTION Mr. Davis further explained he has sold six of the lots he bought water allocations for and was asking for a refund on the remaining fourteen lots he has not sold, due to the fact that he found himself placed at a disadvantage to sell his lots with the water allotments, in comparison with other lots without the water allotments. Mr. Davis requested only the exact price that he paid for the fourteen lots, $10,937.50. Councilmember Collins made a motion to refund Gary Davis (G & M Land Development) the exact dollar amount that he has in the fourteen hook-ups ($10,937.50); seconded by Councilmember Watford. (After further discussion vote is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. RECESS: 8:20 P.M. - - RECONVENED: 8:28 P.M. Public Works Director Elders presented to the Council an aerial map of the proposed changes to the medians on U.S. 441 by the Department of Transportation. Following discussion and review of the map Councilmember Watford made a motion to instruct Director Elders to inform the Department of Transportation the proposed changes are totally unacceptable; seconded by Councilmember Collins. X X X X X Sentemben 17. 1991 - Reautan Meetino- VM G. NEW BUSINESS 5. Continued . . . . 6. Discuss the Occupational License - Finance Director (Exhibit 8). 7. A. A motion to read by title only, and set October 1, 1991 as a Public Hearing date, Ordinance 641 amending definitions for Occupational Licenses - City Attorney (Exhibit 9). COUNCILMBMBBRS/ACTION Councilmember Collins requested Administrator Drago attend the meetings of Representatives Bud Bronson, Bert Harris and Senator Rick Dantzler in October regarding the changes proposed by the Department of Transportation. Vote on motion is as follows: KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Councilmember Collins made a motion that we revert back to our last years license fee, not scrap the present ordinance (No. 637) , and go through Ordinance 637. Motion died for lack of second. Following lengthy discussion among Council, Finance director Parker, business owners Gary Sherrer, Wanda Morgan and Don Speaks; Council instructed Administrator Drago to set up a date for a workshop that would not conflict with Attorney Cook's schedule and inform the Council and Clerk 0{ the date. Councilmember Watford made -a motion to read by title only, and set October 1, 1991 as a Public Hearing date, Ordinance 641 amending definitions for Occupational Licenses; seconded by Councilmember Entry,. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. YES 1 NO X X X X X X X X X X G. NEW BUSINESS 7. A. Continued . . . . 7. B. Motion to approve the first reading of Ordinance 641. 8. Interviews for the position of Director of Public Utilities - City Administrator (Exhibit 10). Septemben 17, 1991 - Re Meeting - Page 11 o{ 13 COUNM MEMBERS/ACTION Clerk Thomas read by title only, Ordinance 641 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA WHICH RESCINDS SECTION 10-1 OF ARTICLE I, CHAPTER 10 OF THE EXISTING CODE OF ORDINANCES, AND SETS FORTH REVISED DEFINITIONS UNDER SECTION 10- 1, AND AMENDS SECTION 10-16, PROVIDING AN EFFECTIVE DATE." Councilmember Entry made a motion to approve the first reading of Ordinance 641; seconded by Councilmember Walker. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Mayor Kirk explained, the committee had had several meetings and finally rated what they felt as the top three for interviews. One of the three that were called had already found employment, the other two came for interviews yesterday. One of the two had asked that his name be withdrawn, Mr. Ben Loftin was the third and is present tonight for the Council to ask questions. Mr. Ben Loftin appeared before the Council answering their questions and reviewing with the Council his thoughts of the City's water and wastewater system. Following further discussion Councilmember Collins made a motion to hire Mr. Ben Loftin, at a yearly salary of $35,000.00, and date of employment will begin on October 7, 1991; seconded by Councilmember Walker. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. VOTE VES 1 NO X X X X X X X X X X Septemb n 17, 7997 - Re_qutaA Meeting - Page 12 o{ 13 VOTE H. COUNCIL REPORTS AND/OR REQUESTS: 2. 3. Councilmember Collins: Councilmember Entry: Councilmember Watford: COUNCILMEMBERS/ACTION a) Councilmember Collins requested that in the future Department Heads bring to the Council for discussion, positions that need to be re-classified before they are re-classified. b) Councilmember Collins asked if anyone knew about the yard sale in the Park and that they needed to be kept under watch. He had heard organizations that are not non-profit were holding yard sales in the park. c) Councilmember Collins asked if the over -flow at the Big Lake National Bank lift station was taken care of. PUID Groover explained there were some electrical problems that were being fixed and some metals being changed there. a) Councilmember Entry asked for an up -date on the remedial work. PUID Groover explained the Department of Environmental Regulation was still reviewing the system. a) Councilmember Watford asked what progress had been made with the meeting between the Pension Boards, Attorney Cook and Administrator Drago. Administrator Drago is to report to the Council at the next meeting. 4. Mayor Kirk: a) Mayor Kirk asked if there was anything going to been done about a skateboard park. Administrator Drago answered no. b) Mayor Kirk asked the Council if they would be interested in meeting with the County concerning a Utilities Authority Board? Council agreed they would meet with the County only. 17. 1991 - Reaa. an Meeting_ — VOTE 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 CLERR- OFFICE. J s`. E. Kirk, Mayor Attest: Bonnie S. Thomas, CMC, City Clerk COUNCILMEMBERS/ACTION Mayor Kirk adjourned the meeting at 10:45 P.M. YES 1 NO