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1992-12-01 Regular Meetingz "eoe,-i 11; 0 Om �u � T• - F�OR1O�l/l 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 I NO kW 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. flaramhPr 1. 1gg2 - Reoular Meetino - Paae 2 of 8 COUNCILMEMBERS ACTION VOTE YES NO VLW 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? December 1. 1992 - Reaular Meetina - Paae 3 of 8 COUNCILMEMBERS ACTION VOTE yES NO VMNT 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. December 1. 1992 _ Rarnilar Mant;nn _ Dann d of 0 F. NEW BUSINESS COIINCILMEMBERS ACTION VOTE 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 F. VOTE COUNCILMEMBERS ACTION YES NO kTNT- 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 F. VOTE c"DUNCILMFMBFRS ACTION VES NU Nf NEW BIISINESS 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 F. VOTE VES NO C OUNC I LMEMBERS ACTION 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 C OUNC 7 LMEMBE RS ACTION VOTE VES &0 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" f .h