1992-12-01 Regular Meetingz
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C I T Y O F 0 Y E E C H 0 B E E
C I T Y C 0 U N C I L M E E T I N G
DECEMBER 1, 1992 — 7:00 P.M.
SUMMARY OF COUNCIL ACTION
Page 1 of 8
COUNCILMEMBERS ACTION
VOTE
YES
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A. Call Meeting to order on December 1,
Mayor Kirk called the December 1, 1992 meeting to order at 7:00
1992 at 7:00 p.m.
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
X
Administrator John J. Drago
Present
X
Clerk Bonnie S. Thomas
Present
X
Deputy Clerk S. Lane Gamiotea
Present
X
D. Motion to dispense with reading and
Councilmember Entry made a motion to dispense with reading and
approve the Summary of Council Action
approve the Summary of Council Action for the Special Meeting of
for the Special Meeting of November 5,
November 5, 1992 and Workshop of November 12, 1992 (Regular Meeting
1992 and the City Council Workshop of
of Novmeber 17, 1992 Minutes were not presented); seconded by
November 12, 1992 and the Regular
Councilmember Collins.
Meeting of November 17, 1992.
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
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COUNCILMEMBERS ACTION
VOTE
YES
NO
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REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
None.
E. OPEN PUBLIC HEARING FOR FINAL ORDINANCE
Mayor Kirk opened the public hearing at 7:03 p.m. for final
ADOPTION
ordinance adoption.
1. a. Motion to read by title only,
Councilmember Watford made a motion to read by title only,
Ordinance 654 amending the Code of
Ordinance No. 654, amending the Code of Ordinances pertaining to
Ordinance pertaining to the hours of
the hours of sale of alcoholic beverages; seconded by Councilmember
sale of alcoholic beverages - City
Entry.
Attorney (Exhibit 1).
X
KIRK
COLLINS
X
ENTRY
X
WALKER
XX
WATFORD
MOTION CARRIED.
Attorney Cook read Ordinance No. 654 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, DELETING
SECTION 3-2 OF THE CODE OF ORDINANCE PERTAINING TO THE HOURS OF
SALE OF ALCOHOLIC BEVERAGES; AND ENACTING A REVISED SECTION
REGULATING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN THE
CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE."
b. Motion to adopt Ordinance 654.
Councilmember Collins made a motion to adopt Ordinance No. 654;
seconded by Councilmember Walker.
C. Public Comments.
Mayor Kirk asked for comments or questions from the public. There
were none.
Mayor Kirk asked for comments from Council. Councilmember
Watford began by asking if it would be better to have the dates
the business can stay open until 2:00 a.m. set out in the
ordinance?
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E. PUBLIC HEARING
1. c. Continued:
Following brief discussion, Police Chief Mobley interjected that
according to Attorney Cook there is a provision in Ordinance No.
654 were the business owner must come to the City to obtain a
permit each time they plan to stay open until 2:00 a.m.
Discussion ensued among Council. Councilmember Watford suggested
that the hours to sell alcoholic beverages stay as they currently
are.
d. Vote on Motion.
Vote on motion to adopt Ordinance No. 654:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X�,
WATFORD
X
MOTION CARRIED.
CLOSE PUBLIC HEARING
Mayor Kirk closed the public hearing at 7:14 p.m.
E 's
F. NEW BUSINESS
1. Motion to approve Jeffrey Click as a
Councilmember Collins made a motion to approve Jeffrey Click as
new Water Plant Operator - Director of
a new Water Plant Operator; seconded by Councilmember Entry.
Public Utilities.
Councilmember Entry asked if Mr. Click was a certified operator?
Public Utilities Director Loftin answered yes and introduced Mr.
Click to the Council.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
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COIINCILMEMBERS ACTION
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YES
2. Motion to approve James Fusco as a
new Firefighter - Fire Chief.
Councilmember Collins made a motion to approve James Fusco as a
new Firefighter; seconded by Councilmember Walker.
Councilmember Entry asked if this was a new employee, coming off
probation, additional employee or replacing someone? Fire Lt.
Douglas answered Mr. Fusco is a new employee and he is replacing
Wade Richardson.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
3. Discuss Jay Raulerson's water bill -
Mr. Jay Raulerson (Exhibit 2).
Mayor Kirk began discussion by stating after Mr. Jay Raulerson
brought
his November water bill to his attention, he asked for it
to be placed on the agenda for discussion by Council. Further
i'
stating that in November '1992 121,000 gallons of water passed
through Mr. Raulerson's water meter and he is being billed for
it. The Public Utilities Department went out to check for leaks
and to test the meter. There were four test and the outcome of
those are in exhibit two. Staff also replaced Mr. Raulerson's
water meter.
Discussion ensued among Council, staff and Mr. Raulerson.
Councilmember Collins made a motion to look at Mr. Raulerson's
past water bills, find the largest consumption amount, charge him
for the largest amount and drop this charge; seconded by
Councilmember Entry.
Councilmember Watford expressed he understood what the Council
was trying to do, however we could be setting a dangerous
precedent.
Councilmember Entry withdrew his second to the motion. Motion
died for lack of second.
December 1, 1992 - Reqular Meetinq - Page 5 of 8
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NO
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NEW BIISINESS
3. Continued:
Council discussed with staff having the meter tested by an
uninterested party to find if there was a defect in the meter.
Councilmember Collins made a motion for a third party, non -
interested company, test the meter for defects. No additional
penalties will be added to Mr. Raulerson's bill while the testing
is being done. Should enough time elapse for another water
billing cycle Mr. Raulerson would be responsible for that bill;
seconded by Councilmember Entry.
Councilmember Watford also suggested that Director Loftin obtain
a statement from the manufactureron the defects of meters jumping
and give to the Council. Council agreed.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
4. Discuss furniture for the water
After much discussion among Council and staff, Councilmember Entry
plant - Director of Public Utilities
made a motion to authorize the Public Utilities Department to
(Exhibit 3).
obtain quotes for furniture for the Surface Water Treatment Plant,
seconded by Councilmember Walker.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
XX
WATFORD
MOTION CARRIED.
5. Discuss if any items need to be
Councilmember Watford explained the Legislative Delegation will
addressed to the Legislative
be held in Okeechobee on December 16, 1992 and wanted to know if
Delegation that will be in
any of the Council or staff had any items to be brought up before
Okeechobee, December 16, 1992 -
them. Continuing that the Council usually requestSthe Consumers
Councilmember Watford.
Competitive Negotiations Act be brought to their attention and
would like to see it brought before them again this year.
Council concurred.
December 1, 1992 - Regular Meeting - Page 6 of 8
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5. Continued:
Councilmember Entry made a motion to appoint Councilmember
Watford to represent the City at the December 16, 1992
Legislative Delegation; seconded by Councilmember Walker.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
6. Discuss the resignation of the
Council discussed Public Utilities Director, Ben Loftin,
Director of Public Utilities -
letter of resignation effective date, Wednesday, January 6, 1992
Mayor Kirk (Exhibit 4).
5:00 p.m.
Councilmember Watford stated he regretted to see Mr. Loftin's
resignation. There have been problems in the Public Utilities
Department. He thanked Mr. Loftin for his time and concerns.
Continuing that he knew Mr. Loftin had goals set to achieve but
for several reasons he was not able to accomplish them.
After comments, Councilmember Collins made a motion to accept Mr.
Loftin's resignation effective tonight and give him thirty days
severance pay; seconded by Councilmember Walker.
Following discussion among Council and Mr. Loftin concerning
severance pay and unfinished projects, Councilmember Walker
withdrew his second to the motion.
Motion to accept Mr. Loftin's resignation tonight died for lack
for second.
Mayor Kirk remarked that he hoped everyone understood accepting
Mr. Loftin's resignation effective earlier is a positive way of
saying "Thank You" and gives him time to find a new job
opportunity.
December 1. 1992 - Reoular Meetinq - Page 7 of 8
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NEW BUSINESS
6. Continued:
Councilmember Collins then made a motion to accept Mr. Loftin's
resignation effective Friday, December 4, 1992 at 5:00 p.m. with
a months severance pay; seconded by Councilmember Walker.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
7. Discuss interim replacement for
Councilmember Walker began discussion by explaining he requested
Public Utilities Director -
the Council discuss hiring an interim replacement for the Public
Councilmember Walker.
Utilities Department while the City is interviewing for a new
director. He further stated his suggestion is the City currently
has two engineering firms employed. He would like to see Susan
Groover, who was hired by the City previously as Interim
Director, again work as interim for a couple of days a week. Dan
. .
Willard, of Knepper and Willard could oversee any wastewater
projects the days he is here and Bill Reese of Reese, Macon and
Associates could oversee any water projects the days he is here.
So in essence there would be an engineer at the Public Utilities
Department four days out of the week. The City would only have
to pay for Ms. Groover's services, Engineer Willard and Engineer
Reese are already here once a week to do work for the City and on
the particular days they are here they could handle any extra
things for the City.
Following brief discussion among Council, Councilmember Entry
made a motion to appoint Administrator Drago to oversee the
Public Utilities Department until a new director is hired and to
get the engineers to work in the department as suggested by
Councilmember Walker, Susan Groover as acting Interim Director ,
Dan Willard for wastewater projects and Bill Reese for water
projects; seconded by Councilmember Walker.
Mayor Kirk interjected that it was okay to hire Ms. Groover and
pay for her services but that we should not pay any extra for
Engineers Willard and Reese services.
IArt I) n--..i m—+4— Dmnn R of A
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F. NEW BUSINESS
7. Continued:
Vote on motion is as follows:
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 8:15 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
INC THE TESTIMONY AND EVIDENCE UPON
W` CH T E APPEAL IS BASED.
J s E. Kirk, Maybr
Attest:
Bonn�,,S. Thomas, CMC, City Clerk
1 c"
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