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1992-09-14 Regular MeetingC I T Y O F C I T Y C 0 U N C I L SEPTEMBER 14, SUMMARY OF 0 K E E C H 0 B E E R E C E S S E D 1992 - 7:00 P.M. COUNCIL ACTION M E E T I N G Page 1 of 12 COUNCILMEMBERS ACTION VOTE yES NO Nf A. Call Recessed Meeting of September 9, Mayor Kirk called the Recessed Meeting of September 9, 1992 to order at 7:00 P.M. 1992 to order at 7:00 P.M. B. Invocation offered by Councilman Watford; Invocation offered by Councilmember Dowling R. Watford Jr.; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council attendance: Mayor James "Jim" Kirk Present X Councilmember R.R. "Nick" Collins Present X Councilmember Danny Entry Present X Councilmember Jerry E. Walker Present X Councilman Dowling R. Watford, Jr. Present X Staff attendance: Attorney John R. Cook Present g Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present R Deputy Clerk Lane Gamiotea Present X D. Motion to dispense with reading and Councilmember Collins made a motion to dispense with reading and approve the Summary of Council approve the Summary of Council Action for the special meeting of Action for the Special Meeting of July 31, 1992, regular meeting of August 18, 1992, budget workshop July 31, 1992, Regular Meeting of of August 18, 1992 and the regular meeting of September 9, 1992; August 18, 1992, Budget Workshop of seconded by Councilmember Walker. August 18, 1992 and Regular Meeting of September 9, 1992. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. September 14, 195_, - t,eceSSeL COUNCILMEMBERS ACTION VOTE VES NO E. Motion to approve warrant registers for Councilmember Watford made a motion to approve the Warrant August, '1992: Registers for the month of August, '1992 in the amounts of, General Fund - one hundred forty-three thousand, three hundred I General Fund .......... $143,376.75 seventy-six dollars, seventy-five cents ($143,374.75) and Public Public Utilities ...... $208,702.52 Utilities - two hundred eight thousand, seven hundred two dollars, fifty-two cents ($208,702.52); seconded by Councilmember Collins. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. None. j F. OPEN PUBLIC HEARING FOR THE FIRST READING Mayor Kirk opened the public hearing for the first reading of the OF THE BUDGET ORDINANCES - 7:00 P.M. Budget Ordinances at 7:03 P.M. 1. Mayor announces that the purpose of Mayor Kirk announced that the purpose of this public hearing is this public hearing is to consider to consider the first reading of ordinances for the proposed the first reading of ordinances for millage rate levy and proposed budget for the fiscal year 1992- the proposed millage rate levy and 93. proposed budget for fiscal year 1992-93. 2. Mayor announces that the proposed Mayor Kirk announced that the proposed millage rate levy millage rate levy represents 1.43% represents 1.43% under the roll back rate computed pursuant under the roll back rate computed to Florida Statute Section 200.065(1). pursuant to Florida Statute Section 200.065(1). 3. Mayor asks for comments or questions Mayor Kirk asked for comments or questions from the public, there from the public. were none. September 14, 1992 - Recessed Meeting - Page 3 of 12 F. BUDGET PUBLIC HEARING CONTINUED COUNCILMEMBERS ACTION VOTE YES NO KTNr Councilmember Watford made a motion to read by title only, and 4. A. A motion to read by title only, and set September 22, 1992 at 7:00 set September 22, 1992 at 7:00 P.M. for the final hearing, P.M. for the final hearing, Ordinance Ordinance No. 649 levying a millage rate for the General Fund 649 levying a millage rate for the Budget and Debt Service; seconded by Councilmembers Collins and General Fund Budget and Debt Service Entry. - City Attorney (Exhibit 1). KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance No. 649 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: x 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 1.43Z LESS THAN THE ROLL —BACK RATE COMPUTED IN ACCORDANCE WITH F.S.200.0650); PROVIDING AN EFFECTIVE DATE." 4. B. Motion to approve the first Councilmember Collins made a motion to approve the first reading of Ordinance 649 levying reading of Ordinance No. 649 levying a millage rate for the a millage rate for the General Fund General Fund Budget and Debt Service; seconded by Councilmember Budget and Debt Service. Entry. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. q—to, k 11, 1007 F. BUDGET PUBLIC HEARING CONTINUED --r--••••--- ��� .�cu ricc�iub -- [Gj�'C 4 U1 IL IOUNCILMEMBERS ACTION VOTE YES NO Councilmember Collins made a motion to read by title only, and 5. A. A motion to read by title only, and set September 22, 1992 at 7:00 P.M. for set September 22, 1992 at 7:00 P.M. for the final public hearing, the final public hearing, Ordinance 650 establishing the Ordinance No. 650 establishing the revenues and expenditures for General Fund Budget; seconded by Councilmember Walker. revenues and expenditures for General Fund Budget — City Attorney (Exhibit KIRK X 2)• COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance No. 650 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993; WHICH BUDGET SETS FORTH �0 GENERAL FUND REVENUES OF $2,264,515. AND EXPENDITURES OF $2,264,515.; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $742,900. AND EXPENDITURES OF $580,000., LEAVING A FUND BALANCE OF $58,625.; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $2,738. AND NO EXPENDITURES LEAVING A FUND BALANCE OF $2,738. PROVIDING FOR AN EFFECTIVE DATE." 5. B. A motion to approve first reading Ordinance 650 Councilmember Walker made a motion to approve the first reading, establishing the revenues Ordinance No. 650 establishing the revenues and expenditures for and expenditures for the General Fund the General Fund Budget; seconded by Councilmember Collins. Budgets. Councilmember Watford made a motion to amend the General Fund Budget, page 21, General Services, reducing line item 4609 from $10,000.00 to $5,000.00; seconded by Councilmember Entry. Following brief discussion vote was as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X AMENDED MOTION DENIED. c o„r—), or 1G 1999 - RPracsarl Meer inQ - Page 5 of 12 F. BUDGET PUBLIC HEARING CONTINUED COUNCILMEMBERS ACTION V OTE YES NO �ZENT 5. B. General Fund continued: Councilmember Watford made a motion to amend the General Fund Budget, page 32, Public Facilities Improve Fund deleting the $50,000. expenditure for the Southeast 8th Avenue Sidewalk Project; seconded by Councilmember Walker. Following brief discussion vote is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X AMENDED MOTION DENIED. Vote on original motion: KIRK X COLLINS X �W ENTRY X WALKER X �-� WATFORD MOTION CARRIED. 6. A. A motion to read by title only, Councilmember Watford made a motion to read by title only, and and set September 22, 1992 at 7:00 set September 22, 1992 at 7:00 P.M. for the final public hearing, P.M. for the final public hearing, Ordinance No. 651 establishing the revenues and expenditures for Ordinance 651 establishing the the Public Utilities Budget; seconded by Councilmember Collins. revenues and expenditures for the X Public Utilities Budget — City KIRK X Attorney (Exhibit 3). COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. September 14, 1992 - Recessed Meetung - rage o of 1- VOTE F. BUDGET PUBLIC HEARING CONTINUED I COUNCILMEMBERS ACTION I VES 6. A. Public Utilities continued: 6. B. A motion to approve the first reading of Ordinance 651 establish- ing the revenues and expenditures for the Public Utilities Budget. CLOSE PUBLIC HEARING Attorney Cook read Ordinance No. 651 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993; WHICH BUDGET SETS FORTH PUBLIC UTILITIES REVENUES OF $12,214,846. AND EXPENDITURES OF $10,376,744., LEAVING A FUND BALANCE OF $1,838,072., PROVIDING AN EFFECTIVE DATE." Councilmember Entry made a motion to approve the first reading of Ordinance No. 651 establishing the revenues and expenditures for the Public Utilities Budget; seconded by Councilmember Collins. Councilmember Watford suggested that before the City hires any engineers, consultants, etc., concerning the old wastewater treatment plant listed in the capital outlay items, the City Council see if it is best to use the money to destroy the building or see if the money would be best used somewhere else. Council concurred with Councilmember Watford's suggestions. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7:22 P.M. X X X X X SeptemDer i-, iy1 - - t �sy, _-c VOTE G. NEW BUSINESS 1. Proclaim November 3,1992 as the City's General Elections - Mayor Kirk (Exhibit 4). 2. Motion to appoint Beverly Fell and Rebel Manson as regular Dispatchers — Police Chief. COUNCILMEMBERS ACTION Mayor Kirk read the Proclamation in its entirety as follows: "PROCLAMATION - NOTICE OF GENERAL CITY ELECTIONS - CITY OF OKEECHOBEE, FLORIDA - NOVEMBER 3, 1992 WHEREAS, UNDER AND BY VIRTUE OF THE PROVISIONS OF THE CHARTER OF THE CITY AND CALLGENERALCITYAELECTIONSHATDUTY OF THE MAYOR PROCLAIM A THE TIME AND MANNER PROVIDED BY SAID CITY CHARTER. NOW, THEREFORE, I JAMES E. KIRK, MAYOR OF THE CITY OF OKEECHOBEE, FLORIDA DO HEREBY PROCLAIM AND DECLARE THAT A GENERAL CITY ELECTION BY THE DULY QIIALIFIED ELECTORS OF THE CITY OF OKEECHOBEE, FLORIDA, BE HELD ON TUESDAY, NOVEMBER 3, 1992, DURING THE REGULAR HOURS OF VOTING, TOWIT: FROM 7:00 A.M. TO 7:00 P.M., FOR THE PURPOSE OF ELECTING THE FOLLOWING OFFICERS TO SERVE AS SURER 3 FOUR 6 4FOLLOWINGYEARS ESUCH ELECTION OR UNTIL THEIR ENDING DECEM , tUCCESSORS ARE ELECTED AND QUALIFIED: TWO (2) COUNCILMEN SAID ELECTION SHALL BE HELD IN THE NORMAL POLLING OR VOTING PLACES WITHIN THE NORMAL PRECINCTS OF THE DULY QIIALIFIED CITY ELECTORS, WHICH PRECINCTS HAVE BEEN ESTABLISHED BY THE OKEECHOBEE SCOUNTY THEBOARD GENERALCOUNTY ELECTIONCOMMISSIONERS COIINTYSUPERVISOR OF ELECTION IN TESTIMONY AND WITNESS OF THE FOREGOING NOTICE OF ELECTION, I HAVE HEREUNTO SET MY HAND AS MAYOR OF THE CITY OF OKEECHOBEE, FLORIDAAFFIXED AND CAUSED HERETO, AND THEESAME PATTESTEDTE SEAL BY THE CITY CLERK TO THIS AFFIXED HER , 14TH DAY OF SEPT-EMBER , 1992. Councilmember Collins made a motion to appoint Beverly Fell and Rebel Manson as regular Dispatchers; seconded by Council - member Entry. VES I NO c r 1. 1/. 1QQ7 - P--coH MPPrino - PaoP S of 12 G. NEW BUSINESS COUNCILMEMBERS ACTION VOTE YES WJ 2. Regular Dispatchers continued: Vote is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 3. Motion to appoint James Vaughn as a Councilmember Watford made a motion to appoint James Vaughn as new Water Plant Operator - Director a new Water Plant Operator; seconded by Councilmember Walker. of Public Utilities (Exhibit 5). KIRK x COLLINS X ENTRY X WALKER xx s` WATFORD 00 MOTION CARRIED. 4. Motion to award a Sidewalk Contract Councilmember Entry made a motion to award a Sidewalk Contract to McKuhen Construction, Inc. for to McKuhen Construction, Inc. for nineteen thousand dollars and $19,000.13 - Director of Public thirteen cents ($19,000.13); seconded by Councilmember Collins. Works (Exhibit 6). Councilmember Watford asked, this is the first portion? And how far will the sidewalks go? Councilmember Collins answered, to the bridge on Southeast 8th Avenue. And asked if this company was bonded and license? Public Works Director Elders answered the engineer (Knepper and Willard) checked out the company and made the recommendations. KIRK x COLLINS x ENTRY X WALKER X WATFORD x MOTION CARRIED. September 14 1992 - Recessed Meeting - Page 9 of 1 VOTE G. NEW BUSINESS 5. Discuss a request from Eckerd to use the Wastewater Plant access road for the Haunted Trail - Director of Public Utilities (Exhibit 7). 6. Consider an alley closing applica- tion for New Horizons of the Treasure Coast - City Clerk (Exhibit 8). COUNCILMBMBERS ACTION Larry Baxter representing the Eckerd Foundation appeared before the Council stating a request to use the wastewater plant access road for the Haunted Trail. Councilon sking ter if he theeorrganizationgan couldemeetcalllthearequesrts• setxout in he felt the g exhibit seven by Director Loftin? Mr. Baxter answered he felt they could meet all the safety requirements and/or requests. Councilmember Collins requested that Administrator Drago and Director Loftin get together and make sure the insurance is acceptable. Councilmember Walker made a motion to grant the Eckerd Youth ChalLen e Pro ram use of the wastewater lant access road for the Haunted Trail; seconded b Councilm1.ember Watford. KIRK COLLINS ENTRY WALKER WATFORD MOTION CARRIED. Mr. Robert March of New Horizons of the Treasure Coast appeared before the Council showing them a set of preliminary plans which indicates the building that is proposed for Block 0 First Addition to South Okeechobee, further statingdo so by yeast to ting save as many tree stands as possible and may the building in the middle of the block, which is the purpose for closing the alley. Councilmember Watford made a motion to instruct Attorney Cook to draw u the necessar ordinance for Council's consideration at the next regular Council meeting to close the alley_(in Block 30 - First Addition to South Okeechobee seconded b Councilmember Walker. VES I NO X X X X X G. NEW BUSINESS rieeLing - rage iu or iz COUNCILM6MBERS ACTION VOTE YES NO Vote is as follows: 6. New Horizens continued: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 7. Hear from Mr. John Flynn of the Mr. John Flynn of the Palm Beach Blood Bank appeared before the Palm Beach Blood Bank - Mr. John Council and introduced Mr. Douglas Joe Hansen, Volunteer Chairman Flynn (Exhibit 9). of the Palm Beach Blood Bank. Mr. Hansen gave the Council some history of the Blood Bank and the impact he felt it has made on Okeechobee and surrounding communities. He further requested that the Council pass a resolution or proclamation showing support to keep Palm Beach Blood Bank the supplier to HCA Raulerson Hospital as oppose to the Orlando Blood Bank. Citizens Tom Carr, Oakland Chapman, Leslie Garlight and Norm •-7� Riley addressed the Council expressing their concerns as long time donors to the Palm Beach Blood Bank and the hospital not notifying them of the change of Blood Banks. Mr. Bob Oliver of HCA Raulerson Hospital addressed the Council and audience explaining he was not in attendance at the meeting for this issue but stated that the purpose of the change of the Blood Banks is the on -going change HCA is continuing to do to better itself for the service of Okeechobee citizens. Mayor Kirk suggested that local donors of the Palm Beach Blood Bank request a meeting with the directors of HCA Raulerson Hospital and place the proclamation/resolution on the agenda for the next regular meeting for Council's consideration after hearing from both sides. Recess: Mayor Kirk called for a recess at 8:20 P.M. and reconvened at 8:30 P.M. SantamhPr 14. 1992 - Recessed Meeting - Page 11 of 12 G. VOTE VES NO VLW NEW BUSINESS COUNC7LMFMBERS ACT70N Mr. Marvin Wheeler appeared before the Council expressing his 8. Hear from Mr. Marvin Wheeler - Mr. Marvin Wheeler (Exhibit 10). concerns of the 1992-93 budget specifically the carpet being replaced in the Finance Department. He continued further by stating the furniture (patio furniture at Fire Department) was not bought by the Volunteer Firefighters as he was told but out of the City's money. 'Mr. Wheeler also suggested the Council start looking more closely at all the bids. 9. Discuss the use of City Parks for Political Functions - Councilmember Councilmember Watford explained to the Council that the use of the City parks after elections for the "traditional burial" is Watford. in his opinion in poor taste. The City does not allow campaign signs in the park before the election and should not allow this. Councilmember Watford made a motion for the Police and Public Works Departments to take whatever necessary steps to prohibit the "traditional burial" in the parks after the elections. Motion died for lack of second. 10. Discuss City Administration - Councilmember Watford made a motion that the City Administrator Councilmember Watford. be dismissed with just cause for: 1. Failure to provide positive leadership to the City staff; 2. Failure to communicate effectively with the Department Heads; 3. For circumventing the proper purchasing procedures; 4. For failure to keep the City Council fully informed; 5. For exceeding the authority of the City Administrator by suspending a Department Head; 6. For unprofessional behavior in dealing with consultants; 7. For misleading and being untruthful to the City Council. Seconded by Councilmember Walker for discussion. Following lengthy discussion, Councilmember Walker made a motion to table this item until the next meeting to give the Council time to investigate further the reasons for the dismissal motion; seconded by Councilmember Watford. G. NEW BUSINESS COUNCILMEMBERS ACTION VOTE YES NO 10. City Administration continued: Vote is as follows: X KIRK % COLLINS X ENTRY R WALKER X WATFORD MOTION CARRIED. ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 9:15 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 IN— f CLUDES THE TESTIMONY AND EVIDENCE UPON WHIC APPEAL IS BASED. Jam 'Kirk, M yor Attest: Boanie .,Thomas, CMC, City Clerk