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1988-04-05 Regular Meeting/ pKEFC� A, 4FA 77 A \4OR% CITY OF OKEECHOBEE CITY COUNCIL MEETING APRIL 5, 1988 - 2:00 P.M. SUMMARY OF COUNCIL ACTION COUNCILME-HERS/ACTION VOTE ABSENT YES NO A. Call meeting to order. Meeting called to order at 2:00 P.M. by Mayor Chapman. B. Invocation offered by Father Hugh Duffy Offered by Councilman Watford. Pledge of Allegiance led by Mayor Chapman C. Mayor and Council attendance: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Present Staff attendance: City Attorney Cook Present City Clerk Thomas Present City Administrator Drago Absent Deputy Clerk Williams Present D. Motion to dispense with reading and approve the Summary Motion by Councilman c;ollins, seconded by Council - of Council Action for the regular meeting of March 15 man Rubin. and the recessed meeting of March 22, 1988. Chapman Collins x Rubin x Thomas x Watford x Motion carried. x u REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. OPEN PUBLIC HEARINGS FOR REZONING PETITION: 1. Consider Petition 221-R for rezoning from Residential Single Family (RSF) to Commercial - I (C-1). Property is located at 807 S.W. 2nd Avenue (Lots 9 and 10, Block 2). Exhibit 1. (City/County Planning and Zoning Commission recommended approval). CLOSE PUBLIC HEARING. OLD BUSINESS: OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION: 1. Motion to read by title only Ordinance 601 amending t� the City of Okeechobee, Florida, Code of Ordinances; cr+ providing for the transfer of certain responsibi- lities previously assigned to the office of the City Clerk to other departments of the City. (Exhibit 2). 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. COUNCIIMEI!BERS/ACTION Mayor Chapman stated there were a few pay requests to be discussed under New Business. Motion by Councilman Thomas, seconded by Councilman Collins to approve the rezoning request. Chapman Collins Rubin Thomas Watford Motion carried. Attorney Cook explained that he would need more time to study the ordinance before he would be able to agree with Attorney Bryant or Attorney Mullis' opinions concerning the City Clerk's duties, powers and authority which is involved in the ordinnaces. Motion by Councilman Thomas to table the ordinance until the next meeting, seconded by Councilman Rubin. Chapman Collins Rubin Thomas Watford Motion carried. Tabled VOTE YES I NO X X X X X X X X X X ABSENT 2. Motion to read by title only Ordinance No-. 602 amending the City of Okeechobee, Florida, Code of Ordinances; providing for additional responsibilities for the Department of Finance. (Exhibit-3). 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. 3. Motion to read by title only Ordinance No. 603 amending the City of Okeechobee, Florida, Code of Ordinances; amending Section 2-49 pertaining to the department of General Services; providing for addi- tional responsibility. (Exhibit-4). Motion to adopt the final reading of Ordinance No.603 amending the City of Okeechobee, Florida, Code of Ordinances; amending Section 2-49 pertaining to the department of General Services; providing for addi- tional responsibility. t c0mc Im-mmS/ACTION man Thomas. c;hapman Collins Rubin Thomas Watford Motion carried. Attorney Cook read the ordinance title. Motion by Councilman Collins, seconded by Council- man Watford approving the final reading of Ordinance #602. Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Thomas to table Ordinance #602 seconded by Councilman Rubin. Chapman Collins Rubin Thomas Watford Motion did not carried. Motion by Councilman Collins, man Watford. Chapman Collins Rubin Thomas Watford Motion carried. seconded by Council - Attorney Cook read the ordinance title. Motion by Councilman Watford, seconded by Council- man Collins approving the final reading of Ordinanc #603. VOTE YES NO ABSENT X X X X X i� C*+ X X X X X X X X X X r-' X d' O CLOSE PUBLIC HEARING. NEW BUSINESS: 1. Ms. Donna Kennon, Regional Planner - Local Planning Program Coordinator, Central Florida Regional Planning Council, with a presentation of all work products for the April 30th progress report. 2. a) Motion to read by title only and set April 19, 1988, as a public hearing date, Ordinance No. 604 amending Section 8-36 pertaining to charges and rates for garbage and trash collection. (Exhibit - 5) COUNC11ME BERS /ACTION Motion by Councilman Watford, seconded by Council- man Collins to limit debate on this matter. Chapman Collins Rubin Thomas Watford Motion carried. Vote on motion approving the final reading of Ordinance #603. Chapman Collins Rubin Thomas Watford Motion carried. Ms. Kennon updated the Council on the April 30th progress report on the land use data base and presented Council with information to study. Ms. Kennon will return in September. If Council has any questions on the documents before that time please call her stating any necessary revisions. Motion by Councilman Thomas, seconded by Council- man Collins to have the ordinance title read and set the final public hearing for April 19, 1988. Chapman Collins Rubin Thomas Watford Motion carried. ;Es - ABSENT S X X X X X X X 1*6 X X X X X X X Motion to approve the first reading of Ordinance No. 604 amending Section 8 - 36 pertaining to charges and rates for garbage and trash collec- tion. b) Motion to read by title only and set April 19, 1988, as a public hearing date, Resolution No. 88-8 providing for a rate increase for garbage and trash collection. Motion to approve the first reading of Resolution No. 88-8 providing for a rate increase for gar- bage and trash collection. 3. Motion to approve Dickerson Florida's Partial Payment Request No. 1, in the amount of $341,313.69. Public Works Director Chuck Elders - Exhibit 7. COUNCIIMEMERS/ACTION Attorney Cook read the ordinance title. Motion by Councilman Watford to amend the ordinanc to read: (after section 8-36: Rate changes shall b set by Resolution by the City Council, seconded by Councilman Rubin. Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Watford, seconded by Council- man Rubin approving the first reading. Chapman Collins Rubin Thomas Watford Motion carried. This will be discussed at the next regular meeting, Same Motion by Councilman Thomas, seconded by Council- man Rubin to approve pay request #1 in the amount of $341,313.69. Chapman Collins Rubin Thomas Watford Motion carried. X X X X X X X X X X X X' X Xi X� Io, ABSENT `� r r 4. Pay request of 11,740 for Professional Services rendered on the paving project by Engineer Jim Broome. 5. Pay request for Rock -A -Way Construction in the amount of $26,350.03 for work completed on the Interseptor Sewer project. 6. Discussion with Council concerning the amount of allocations for the Wastewater Treatment Plant. COUNCIIr7EMBERS /ACTION Director Elders requested Council approve the following streets be included in the paving project: S.W. 18th Street and S.W. 6th Street between llth and 12th Avenues. 'Motion was made by Councilman by Councilman Rubin for these included on the paving list. Chapman Collins Rubin Thomas Watford Motion carried. Thomas, seconded streets to be Director Elders requested Council approve payment for Engineering fees in the amount of $11,740. to Jim Broome. Motion by Councilman Thomas, man Collins. Chapman Collins Rubin Thomas Watford Motion carried. seconded by Council - Motion by Councilman Thomas, seconded by Council- man Collins to approve the pay request in the amount of $26,350.03. Chapman Collins Rubin Thomas Watford Motion carried. Public utilities Director Fortner discussed the allocations previously made for the Wastewater Treatment Plant and the amount of capacity available. VOTE YES I NO v COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO 7. Public Utilities Director Fortner to discuss letter Director Fortner explained the $146,000 grant recieved from DER concerning grant funds. which is presently available through DER and requested the Council authorize the Mayor to sign the necessary papers to apply for said grant. He then stated he had limited funds to cover legal expenses in the arbitration suit and he would like to put the grant funds in this area once they are received. Motion by Councilman Thomas, seconded by Council- man Rubin to authorize the Mayor to sign necessary paper work and that it be allocated to the legal expenses of the arbitration fund. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. 8. Public Utilities Director Fortner to discuss transfer Director Fortner requested approval to transfer 1. of funds from the Improvment and Replacement fund to $35,000 from the Improvement and Replacement Fund the Wastewater Collection System Fund. to the Wastewater Collection System Fund. Motion by Councilman Thomas seconded by Council- man Rubin to approve the transfer of $35,000 as requested by the Public Utilities Director. Chapman X Collins X Rubin X Thomas X Watford X I Motion carried. 9. Update by Public Utilities Director Fortner on the Director Fortner explained the sanitary sewer line sanitary sewer problem on S.W. 8th Street on S.W. 8th Street was not repairable and requeste Council's permission to authorize an engineer to draft the necessary paper work for bids. 10. Update of items of interest to the City by County Commissioner Jack Williamson. 11. Mayor Chapman COUNCIL REPORTS AND/OR REQUESTS: I. Councilman Collins 2. Councilman Thomas COUNCIIMa',iBERS /ACTION Motion by Councilman Watford seconded by Council- man Collins to authorize Director Fortner to contact the engineering firm and place this project out for bids. Public Utilities Director will report back to Council with bid results. Chapman Collins Rubin Thomas Watford Motion carried. Nothing at this time. Asked Commissioner Williamson about payment by check for N.W. 4th Street paving repair in the amount of $10,859.69 due the City from the County. Commissioner Williamson stated the check was mailed and received by the City. Mayor thanked Commissioner Williamson. Councilman Collins discussed a situation involving a request by a citizen that he wants to bring a gat out to ditch (on City right-of-way) to help prevent vandalism to his property.Council discussed whether the street had been vacated. Director Elders will report back to council his findings on whether the street has been vacated. Nothing at this time. ABSENT 3. Councilman Watford 4. Councilman Rubin /ACTION Councilman Watford asked Attorney Cook to look into Lawson suit on the roof tiles? Asked if the letter had been sent to DOT on the Post Office. Sylvia said yes but no reply yet? Asked about Danny Entry (resident) situation in Okeechobee Estates (use of alley). Councilman Rubin began discussion concerning The Investigation Report on Administrator Drago.Each Councilman expressed their opinions concerning the report. Motion by Councilman Thomas seconded by Councilman (Collins to limit discussion concerning this item to ten minutes. Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Thomas seconded for discussion by Councilman Collins that John Drago be reinstated as City Administrator. Discussion was held by each Councilman. Chapman Collins Rubin Thomas Watford Motion carried. Dr. Edward Douglas addressed Council regarding the Councils support involving consolidation efforts between the City and County. Dr. Douglas invited. Council to attend a meeting to review the Consolidation Charter Admendments which will be hel on Monday evening. VOTE ABSENT YES I NO X X X X X X X X X X 5. Mayor Chapman ADJOURNMENT 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 PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. XZ —OAKLAND R. CHAPMAN, MAYO ATTEST: BONNIE S. THBONNIE S. TH S, CITY CLERK f t � COUNCILMEMBERS/ACTION Nothing at this time. Meeting adjorned at 5:10 P.M. VOTE ABSENT YES I NO