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1988-03-15 Regular MeetingI. / o►ceEc\ U T CITY OF OKEECHOBEE CITY COUNCIL MEETING MARCH 15, 1988 - 2:00 P.M. SUMMARY OF COUNCIL ACTION COUNCIIMDMERS/ACTION VOTE ABSENT YES NO A. Call meeting to order. Meeting called to order at 2:00 by Mayor hapman. B. Invocation offered by Pastor Ross Denslow ffered by Reverand Arley Ball. Pledge of Allegiance led by Mayor Chapman C. Mayor and Council attendance: Mayor Oakland Chapman resent Councilman Nick Collins Present Councilman Andy Rubin resent `= Councilman Oscar Thomas Present Councilman Dowling Watford resent Staff attendance: City Attorney Bryant resent City Clerk Thomas resent City Administrator Drago bsent Deputy Clerk Williams resent D. Motion to dispense with reading and approve the Summary otion by Councilman Collins, seconded by Council - of Council Action for the regular meeting of March 1, an Watford. 1988. lollins hapman X X Rubin X homas X atford X 2 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. City's auditor, Mr. Jay McBee, of DiBartolomeo, McBee & Sloan, C.P.A., to discuss the City's financial condition. E. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION: 1. Motion to read by title only Ordinance No. 601 amending the City of Okeechobee, Florida, Code of Ordinances; providing for the transfer of certain responsibilities previously assigned to the office of the City Clerk to other departments of the City. (Exhibit 1 - City Attorney) Motion to adopt the final reading of Ordinance No. 601 amending the City of Okeechobee, Florida Code of Ordinances; providing for the transfer of certain responsibilities previously assigned to the office of the City Clerk to other departments of the City. COUNCILMEMBERS/ACTION Mayor Chapman explained the City's Auditor was present to discuss the City's financial condition at this time. Mr. McBee addressed Council explaining the auditor's responsibilities as far as preparing the City's audit each year and that nothing in the City of Okeechobee's budget looked out of place and in our annual review we found no intermingling of funds that wasn't specifically allowed by ordinance. Also, the City has followed all state regulations and the State Comptroller's office called on last years financial report to offer their commendations for a job well done concerning the thoroughness of the audit report. (Motion by Councilman Collins, seconded by Councilman lWatford. Chapman Collins Rubin Thomas Watford Motion carried. Attorney Bryant read the ordinance title. Motion by Councilman Watford, seconded by Councilmani Collins that Ordinance #601 be adopted. Following discussion, Councilman Watford suggested the ordinance be amended to have the following sections concerning occupational licenses be under the control of the Finance Department: Section 10-6, 10-7, 10-8, 10-10, 10-28, and 10-30. VOTE YES I NO X X X X X ABSENT 3 z: 2. Motion to read by title only Ordinance No. 602 © amending the City of Okeechobee, Florida, Code - of Ordinances; providing for additional responsi- bilities for the Department of Finance. (Exhibit 2 - City Attorney) Motion to adopt the final reading of Ordinance No. 602 amending the City of Okeechobee, Florida, Code of Ordinances; providing for additional responsibilities for the Department of Finance. COUNCILMEMBERS/ACTION Attorney Bryant explained the ordinance title changed, therefore, the ordinance would have to be re -advertised and set for second and final public hearing on April 5th. Councilman Watford made a motion to amend the original motion to reflect the changes as discussed concerning occupational licenses, approve the first reading of the ordinance and set the final public hearing for April 5th, 1988. Motion was seconded by Councilman Collins. Chapman Collins jRubin Thomas Watford Motion carried. IMotion by Councilman Collins, seconded by Councilman Thomas. !Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Watford, seconded by Councilman Collins to adopt the final reading of Ordinance #602 Motion by Councilman Rubin, seconded by Councilman Thomas to amend the ordinance to state that degrees must be required for the directors of finance and general services departments. Chapman Collins Rubin Thomas Watford ." , .! 1-1 VOTE YESF NO X X 1M X X X X X X X X X X X ABSENT 4 E. OLD BUSINESS: 1. Consider Ordinance No. 603 amending the Code of Ordinances of the City of Okeechobee, Florida, providing for additional responsibilities of the Department of General Services. (Exhibit 3- City Attorney) COUNCIUMffMERS/ACTION VOTE YES NO Councilman Watford made a motion for the ordinance to be amended to have the following sections concerning occupational licenses be under the control of the Finance Department: Section 10-6, 10-7, 10-8, 10-10, 10-28, and 10-30, Councilman Collins agreed to the amendment to the motion. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. Council discussed the changes concerning the occupa- tional licenses being removed from the General Services Department to the Finance Department. Motion by Councilman Watford, seconded by Councilman Collins to have the ordinance title read. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. Attorney Bryant read the ordinance title. i Motion by Councilman Watford, seconded by Councilman Collins to approve the first reading of Ordinance #603 and advertise the final public hearing to be held on April 5, 1988. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. i ABSENT C.✓ 2. Decision on the repair of the walkways around the monument in Flagler Park (Exhibit 4 - Public Works Director) 3. Terry Dodd, Manager of American Adventure to discuss their decision to deny connection of McDonald's Restaurant to the American Adventure package wastewater treatment system. 4. Bob Kotovsky, Assistant Construction Manager for McDonald's to request permission to connect to the City's wastewater treatment system. COUNCILMEMBERS/ACTION Councilmembers discussed the two examples of alter- natives to repair the walkways around the monument. Following discussion, Councilman - Collins made a motion to follow example A as described, but pour the slab 10 feet more on the east side, and pour the cement as close as possible to the oak tree without harming the tree. Motion was seconded by Councilman Thomas. Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Collins to remove the side- walks from the park on the west end and plant grass, seconded by Councilman Watford. Chapman Collins Rubin Thomas Watford Motion carried. Mr. Dodd addressed the Council to explain their their reasons for their decision to deny connection of the McDonald's Restaurant. i Mr. Kotovsky addressed Council requesting permission] to connect to the City's wastewater treatment system Council discussed the request with Mr. Kotovsky and Public Utilities Director Fortner. Motion by Councilman -Rubin, seconded by Councilman Collins to allocate 2500 - 3500 sewage capacity per clay. VOTE YES I NO X X X X X X X X X X ABSENT I Page 6 F. NEW BUSINESS: 1. Council approval of Interbudgetary Amendments. (Exhibit 5 - Mayor Chapman) 2. Danny LaCroix with a resolution pertaining to the sale of Harte-Hanks cable system. 3. Jeff Sabin, Operations' Manager and Rex Lineberry, Site Manager for L.P. Sanitation, Inc., to request a rate increase. (Exhibit 6) COUNCILMEMBERS/ACTION Councilman Watford suggested an amendment to the motion for a time limit be included - such as: if the construction was not complete by December 1988 McDonald's would have to come back before the Council and request the allocation again. (Following discussion it was agreed to include in the motion that if the construction had not commenced by September 1, 1988, McDonald's would have to come back to the Council. Chapman Collins Rubin Thomas Watford Motion carried. This agenda item was Council meeting. postponed until the April 5th Council discussed the resolution with Mr. LaCroix concerning the sale of the cable system. Motion by Councilman Thomas, seconded by Councilman Rubin to approve the resolution. Cnapman Collins Rubin Thomas Watford Motion carried. Mr. Sabin addressed Council concerning the rate; increase. Following discussion, motion was made by Councilman Watford seconded by Councilman Rubin to instruct VOTE YES NO X X X X X X X X X X FAA-012M A Page 7 COUNCILrEMBERS/ACTION VOTE ABSENT YES NO Attorney Bryant to draft the ordinance for first reading at the April 5th meeting. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. 4. Decision on a request by the Florida Department of Motion by Councilman Rubin, seconded by Councilman Transporation to move the street lights on U.S. 441 Watford approving the agreement. from S.W. 8th Street to SCL Railroad - the City accepting maintenance. (Exhibit 7 - Public Works Chapman X Director). Collins X Rubin X r Thomas X Watford X Motion carried. 5. Appoint the local contact person with whom the Motion by Councilman Rubin, seconded by Councilman Florida High Speed Rail Transportation Commission Thomas to instruct the Mayor to appoint someone to and other state agencies can coordinate. be the contact person. (Exhibit 8) Chapman X Collins X Rubin X Thomas X Watford X Motio-n carried. 6. Adoption of Resolution No. 88-6 authorizing the Motion by Councilman Thomas, seconded by Councilman City Administrator or the Director of Public Rubin approving the resolution. Utilities to execute liens. (Exhibit 9 - City Attorney) Chapman X i Collins X Rubin X Thomas X Watford X Motion carried. ri 7. Update on items of interest to the City by County Commissioner, Jack Williamson. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins 2. Councilman Thomas 3. Councilman Watford COUNCILMEMBERS/ACTION VOTE YES I NO Nothing at this time. Discussion was held concerning the alley at 1700 South Parrott Avenue. Following discussion Council- man Thomas made a motion that the City ask Mr. Porter to remove any and all obstructions in the alley. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. Nothing at this time. a. Councilman Watford explained there would be a re- zoning request coming before the Council for Phil Berger. b. Councilman Watford commented on the phone solicita- tions from Police departments from other counties. C. Councilman Watford made a motion that the city re- quest the Department of Transportation review with our Police Department the traffic condition at the present Postal Service location. Motion seconded by Councilman Thomas. Chapman X Collins X Rubin X Thomas X Watford Motion carried. ABSENT Page 9 4. Councilman Rubin 5. Mayor Chapman a. b. c. a, b. c. COUNCII MEMERS /ACTION Councilman Rubin discussed the vacancy of Assistant of Public Utilities with Public Utilities Director Fortner. Councilman Rubin asked Police Chief Mobley when the investigation concerning the Administrator would be completed. Chief Mobley stated the Mayor had a letter stating the investigation report would be presented soon. Councilman Rubin made a motion that the City release John Drago as City Administrator. Motion died for lack of a second. ;Public Utilities Director Fortner explained the problems concerning the sanitary sewer drain and storm drain on S.W. 8th Street. Director Fortner estimated the cost to repair these --would be approxi- mately $3,500. (Following discussion, motion was made by Councilman Thomas for the storm and sanitary sewer drains be repaired, seconded Councilman Collins. Chapman Collins Rubin Thomas Watford Motion carried. Public Works Director Elders addressed Council con- cerning an oak tree that fell on Col. Hamrick's', house damaging the eave of the home. This claim has been submitted to the City's insurance company. Mayor Chapman requested Public Utilities Director Fortner attend the Central Florida Regional Planning Council meeting in Highlands -county on March 17, 1988 to represent the City. VOTE YES I NO X X X X X ABSENT 10 d. e. f. g- COUNCIIrHI�JBERS/ACTION I VOTE YES NO Mayor Chapman discussed the drainage easement in- volving Danny Entry. Discussion to continue at the next meeting. Mayor Chapman stated the Chamber of Commerce has re- quested permission to use the west end of the Veteran's park for the Speckled Perch Festival. Councilmembers stated they did not have any problem with the request. Councilman-c:ollins made a motion that the City re- ceive another opinion from an attorney concerning the City Clerk's powers as far as hiring and firing employees and following the City's purchasing ordinance, seconded by Councilman Thomas. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. (Public Utilities Director Fortner explained the financial condition of the Wastewater Collection System Construction Fund which is used to pay for the arbitration proceedings, attorney fees, etc. He requested the Council approve a line item transfer of $100,000. from the Public Utilities Improvement and Replacement fund to the Wastewater Collection System Construction Fund. Following discussion Councilman Thomas made a motion to approve the transfer of $100,000. from the Public Utilities Improvement and Replacement Fund to the Wastewater Collection System Construction Fund, seconded by Councilman Collins. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. ABSENT Page 11 COUNCIIMEM ERS/ACTION VOTE ABSENT YES NO ADJOURNMENT Mayor Chapman stated the meeting was going to be recessed at 6:20 P.M., to reconvene on March 22, 1988 at 2:00 P.M. at which time the State Attorney's office will submit their report to the Council con- cerning the investigation of the Administrator. OAKL4ND R. CHAPMAN, MAYO ATTEST: BONNIE S. THOMAS, CITY CLERK <Q