REGULAR COUNCIL
MEETING, TUESDAY, SEPTEMBER 18, 2007 AT 5:00 P.M.
Meeting called to order
by Council President Henson.
Present: Perry, Henson, Palmer, Harris.
Absent: Thomas.
The meeting was opened with prayer by Bro. Gary Bickford
of Four Square Gospel Agape Fellowship and followed by the Pledge to the Flag.
Motion was made by Councilman Palmer duly seconded by
Councilwoman Perry and unanimously passed by the Council to confirm the agenda
order for this meeting with an amendment to: add as R-16 agreement with
Williford, Gearhart & Knight, Inc.; add as R-17 Mayor’s veto of Order
#14154; add an executive session regarding a personnel matter.
Motion was made by Councilwoman Perry duly seconded by
Councilman Palmer and unanimously passed by the Council to approve the minutes
dated September 04, 2007.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14155 ORDER CONFIRMING THE APPOINTMENT BY THE
MAYOR
OF PAUL W. ENTREKIN TO THE
LAKES
DEVELOPMENT AUTHORITY
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14156 ORDER CONFIRMING THE APPOINTMENT BY THE
MAYOR
OF JET SCARBROUGH TO THE KAB
COMMISSION
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14157 ORDER DECLARING EQUIPMENT AND VEHICLE
SURPLUS AND
NO LONGER NEEDED BY THE CITY OF
AUTHORIZING THE
VEHICLE
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14158 ORDER AUTHORIZING TRANSFER OF FUNDS TO
WESLEY HOUSE
CONCERNING PERSONNEL AND
OPERATION COSTS ALLOWABLE
THROUGH VICTIM/WITNESS GRANT
#05NW2223
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14159 ORDER AUTHORIZING INSTALLATION OF A
STREET LIGHT ON
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Ordinance:
ORDIN. #4323 ORDINANCE CLOSING, VACATING AND
ABANDONING IN THE
CITY OF
8TH STREET ROAD
and, Councilman Palmer
seconded the motion, whereupon said Ordinance was discussed, passed and adopted
by the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Palmer offered and moved the adoption and
passage of the following Resolution:
RESO. #5461 RESOLUTION AUTHORIZING
THE MAYOR TO SIGN QUITCLAIM
DEEDS TO CONVEY THE CLOSED,
VACATED AND ABANDONED
RIGHT OF WAY OF
AVENUE AND OLD 8TH
STREET ROAD
and, Councilman Harris
seconded the motion, whereupon said Resolution was discussed, passed and
adopted by the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Resolution:
RESO. #5462 RESOLUTION AUTHORIZING
EXECUTION AND FILING OF GRANT
APPLICATIONS FOR THE FY 2008
HOMETOWN
RETIREMENT MARKETING MATCH GRANTS
PROGRAM AND
AUTHORIZING THE MAYOR TO ENTER
INTO CONTRACT AGREEMENT
WITH THE
APPROVAL OF GRANT APPLICATIONS
and, Councilman Palmer
seconded the motion, whereupon said Resolution was discussed, passed and
adopted by the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Harris offered and moved the adoption and
passage of the following Order:
ORDER #14160 FINAL ORDER GRANTING AD VALOREM TAX
EXEMPTION
TO
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Palmer offered and moved the adoption and
passage of the following Order:
ORDER #14161 ORDER AUTHORIZING THE EXECUTION OF
SUPPLEMENTAL
AGREEMENT #2 BETWEEN
NEEL-SCHAFFER, INC. AND THE
CITY OF
and, Councilwoman Perry
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14162 ORDER AUTHORIZING THE EXECUTION OF CHANGE
ORDER
NO. 2 BETWEEN THE CITY OF
(52ND STREET DRAINAGE
PROJECT)
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Harris offered and moved the adoption and
passage of the following Order:
ORDER #14163 ORDER ACKNOWLEDGING AND PLACING ON
MINUTES THE
PURCHASE OF A NEW 2008 CROWN
FROM WATSON QUALITY FORD VIA
STATE CONTRACT PRICING
and, Councilwoman Perry
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14164 ORDER TO CHARGE OFF INACTIVE AND
UNCOLLECTIBLE
WATER ACCOUNTS FOR FISCAL YEAR
2006 IN THE AMOUNT
OF $55,276.19
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Palmer offered and moved the adoption and
passage of the following Order:
ORDER #14165 ORDER AUTHORIZING TH EXECUTION OF POLICE K-9
SALES
CONTRACT BETWEEN SPECIALTY CANINE
OF
AND THE CITY OF
and, Councilman Harris
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Harris offered and moved the adoption and
passage of the following Resolution:
RESO. #5463 RESOLUTION APPROVING AND
ADOPTING THE BUDGET FOR
THE CITY OF
SEPTEMBER 30, 2008, AND DIRECTING
THE CITY CLERK IN
REFERENCE THERETO
and, Councilwoman Perry
seconded the motion, whereupon said Resolution was discussed, passed and
adopted by the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Harris offered and moved the adoption and
passage of the following Ordinance:
ORDIN. #4324 ORDINANCE TO PROVIDE A REVENUE FOR THE
CITY OF
and, Councilman Palmer
seconded the motion, whereupon said Ordinance was discussed, passed and adopted
by the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Ordinance:
ORDIN. #4325 ORDINANCE TO PROVIDE A REVENUE AND LEVY
A TAX
FOR THE
THE FISCAL YEAR ENDING SEPTEMBER
30, 2008
and, Councilman Palmer
seconded the motion, whereupon said Ordinance was discussed, passed and adopted
by the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilman Harris offered and moved the adoption and
passage of the following Order:
ORDER #14166 ORDER AUTHORIZING RAISES FOR FULL-TIME
CITY EMPLOYEES
EFFECTIVE WITH THE FIRST PAY
PERIOD IN OCTOBER 2007
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14167 ORDER RATIFYING THE EXECUTION OF RIGHT OF
ENTRY
AND TESTING AGREEMENT BETWEEN
CELLULAR SOUTH
REAL ESTATE, INC. AND THE CITY OF
and, Councilman Palmer
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Motion was made by Councilman Palmer duly seconded by
Councilwoman Perry and unanimously passed by the Council to approve the claims
docket dated September 13, 2007 in the amount of $2,168,663.79.
Councilwoman Perry offered and moved the adoption and
passage of the following Order:
ORDER #14168 ORDER AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES
AGREEMENT BETWEEN WILLIFORD,
GEARHART & KNIGHT, INC.
AND THE CITY OF
and, Councilman Harris
seconded the motion, whereupon said Order was discussed, passed and adopted by
the Council by a vote as follows:
Yea: Perry, Henson, Palmer, Harris.
Nay: None.
Absent: Thomas.
Motion was made by Councilman Palmer duly seconded by
Councilwoman Perry to over-ride the Mayor’s veto of Order No. 14154. Mayor Smith read his veto message.
VETO PACKET NO. 99
Mayor Smith asked the
Council to sustain his veto. Councilman
Palmer said the reason whey they returned the tax exemption was because of the
circumstances surrounding it. They were
not permitted to continue and make this place accessible for their
purposes. He is still of the opinion
that they should be given the opportunity to do so. He asked the City Council to give these
people the opportunity to fix this building.
He called for the previous question.
Councilwoman Henson said the Council was ready to make a decision. Those voting in favor of over-riding the
Mayor’s veto were: Palmer. Those voting against over-riding the Mayor’s
veto were: Perry, Henson, Harris. The
motion to over-ride the Mayor’s veto of Order No. 14154 failed due to the lack
of a majority, therefore, the veto was sustained.
The hour of 5:15 p.m. having arrived, the hearing as
called for in Resolution #5455 regarding unclean property was opened with
motion by Councilwoman Perry duly seconded by Councilman Harris and unanimously
passed by the Council. All the
properties were removed from the list because of change of ownership. Motion was made by Councilman Harris duly seconded
by Councilman Palmer and unanimously passed by the Council to close the
hearing. No action was taken.
President Henson called on Mayor Smith for his
report. Mayor Smith stated that the new
Quint combination ladder/pumper fire truck was outside for viewing. When the new fire station is built off
Highway 19, this fire truck will be moved there to serve that area as well as
the new construction around Bonita. This
fire truck was built by Pierce in
President Henson called for citizen comments. Pastor Wade Demers with Christ’s Church in
Action appeared and read a letter to the City Council dated September 7, 2007
from Lucinda Johnson, executive assistant.
Ms. Lucinda Johnson, executive assistant with Christ’s Church in Action,
appeared and read her letter to the City Council dated September 9, 2007. Mrs. Patty Demers, wife of Pastor Wade
Demers, appeared and made comments.
Councilwoman Perry stated she was the one who placed their request to be
on the agenda under citizens hearing as the routine agenda is for action. She said the Council already had the letters
that were read. She said her name was
mentioned but she was not on the City Council when some of the things occurred. The Council has listened to them at previous
meetings and a work session. She was
invited to look at this building and she thought there was electricity there
because of the lights. She was told this
was being used as a chapel. She said
since there were lights on that she thought they had electricity. She did not know that they had run an
electrical cord to the building for lights.
Before she left she asked Pastor Demers to get the entire building in
place because she really did not like voting for that room only. She sustained the veto because of information
given to her by the fire marshal. The
Council has to rely on the people hired to inspect buildings and enforce the
codes. She said she could not approve
this with the building in the shape it is in.
As soon as they get it fixed, she said she would make the motion to
grant them tax exemption. She thought
when they were given the tax exemption that the letters would stop but they
didn’t. Councilman Palmer said this was
in his ward and the rest of the Council did not see it the way he did. He said since this happened the way it did
that he thought they could give the Pastor and his flock the opportunity to fix
the building up. He said they had
previously been exempted from taxes and he would do what he could to see that
it was restored to them. He said he did
not like it and would not pretend that he did.
He said the Mayor had even been to the place but that he relied on what
other people said. He said this is the
first time he has every disagreed with the Council’s decision and he does not
like it at all. He sent his sympathy out
to Dr. Thomas and his family on the death of his son. President Henson said there are two main
duties for the Council. They get calls
from people who wonder why they don’t patch pot holes and do other things. The Council does not have that
authority. They are charged with passing
the laws and the budget. They cannot
direct department heads or anybody in the administration, under this form of
government, to do anything. They can
subpoena records if it is for something they need but they don’t have the
authority to interfere with the workings of the administration. The Council can hire their clerk, hire the
auditor, handle the money and pass the laws that govern the city. They have no authority over anything such as
she heard that night. She is certainly
glad that they had the opportunity to do that.
Michael Laberaux with the Fire
Department appeared and thanked the City Council, Fire Chief, Mayor Smith, CAO
Ken Storms, and City Clerk Ed Skipper for their help. He appreciated the recognition for the senior
employees. James Fisher with the Fire
Department appeared and stated that everyone he has call on has helped him out. He thanked everyone for the time and hard
work and their professional treatment. Ms. Virginia Coleman,
President Henson called for council comments. Councilman Palmer stated that he was hoping
that night’s vote would put this behind them.
He tries to do the best he can to represent his ward. They just disagree on this part. He extended his sympathy to Councilman Thomas
and his family. Councilwoman Perry said
the City Council does not always agree.
It is a pleasure to work with people who disagree with each other but
are not disagreeable. She told the
Council that she appreciates the way they work with each other. She attended a ribbon cutting for a learning
center at North Hills Manor. This center
has been established by HUD. Citizens
are invited to come and learn about technology.
She said Dr. Thomas and his family know they have the Council’s
prayers. President Henson said on
September 7th her husband was told he had leukemia. He has taken eight days of chemo with no side
effects. She thanked the people for
their calls, prayers and the blood drive.
They will be in
An executive session was requested regarding a personnel
matter. Motion was made by Councilman
Harris duly seconded by Councilwoman Perry and unanimously passed by the
Council to close the meeting to determine whether to declare an executive
session. Motion was made by Councilman
Harris duly seconded by Councilman Palmer and unanimously passed by the Council
to declare an executive session in order to discuss a personnel matter. The Council then went into executive session. Motion was made by Councilman Harris duly
seconded by Councilwoman Perry and unanimously passed by the Council to go out
of executive session.
President Henson
called the meeting back to order. No
action was taken regarding the executive session.
There being no further business to come before the
Council at this time, the meeting was adjourned. Sine die.
Respectfully submitted,
Pam McInnis, Clerk of Council