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1988-05-03 Regular MeetingCITY OF OKEECHOBEE CITY COUNCIL MEETING MAY 3, 1988 - 2:00 P.M. SUMMARY OF COUNCIL ACTION A. Call meeting to order. B. Invocation offered by the Reverend John Meyers Pledge of Allegiance led by Mayor Chapman C. Mayor and Council attendance: Mayor Oakland Chapman Councilman Nick Collins Councilman Andy Rubin Councilman Oscar Thomas Councilman Dowling Watford Staff attendance: City Attorney Cook City Clerk Thomas City Administrator Drago Deputy Clerk Williams D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of April 19, 1988. COUNCILMaMERS/ACTION meeting Chapman. VOTE YES I NO I ABSENT Offered by Reverend John Meyers. Present Present Present Present Present Present Present Present Present Motion was made by Councilman Collins, seconded by Councilman Rubin to approve the minutes of April 19, 1988. Discussion: Councilman Watford asked the City Clerk whether the changes he had requested had been made. The Clerk stated the corrections had been made. Chapman x Collins Rubin xx Thomas x Watford x Motion carried. E. Motion to approve warrant registers for April: General Fund.................................$35,243.27 Public Utilities Fund........................$31,575.63 REQUEST FOR THE ADDITON, ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEARING DEFFERAL OR WITHDRAWAL OF FOR REZONING PETITION: 1. Consider Petition No. 226-R for rezoning from (RSF) Residential Single Family to (RG-2) Residential General with Special Exception Petition No. 216-S. Property is located a 200 S.W. 10th Street; lots 1, 2 and 3 of Block 5, Southwest Addition to Okechobee - Exhibit 1. (City/County Planning and Zoning Commission recommended approval). COUNCILMEMERS/ACTION Motion was made by Councilman Thomas, seconded by Councilman Collins to approve the warrant registers. Chapman Collins Rubin Thomas Watford Motion carried. Mayor Chapman stated there were two items to be added to the Agenda under H. New Business: Pay request number eleven to Rock -A -Way and City fire truck repairs. *Councilman Thomas stated he would have to abstain from voting on this issue because he is an adjoining property owner. Upon request of mayor Chapman, the City's Planning and zoning Board Liason Officer, Councilman Watford explained the matter of petition 4226-R in detail for the Council. Mayor Chapman requested input from the public and Council received comments from citizens Herb White and Harlen Hitt who expressed their objections to the rezoning. After discussion Councilman Rubin moved to table the rezoning request. Motion died for lack of seconed. After stating, that due to the objections of adjoining property owners regarding the changing of this zoning from single family dwellings, based on the fact that the entire area is RSF, and the objections of conjestion and lowering property values, motion was made by Councilman Watford, and seconded by councilmen Collins and Rubin that the petition for 'rezoning be denied. 2 9NNO ABSENT CLOSE PUBLIC HEARING G. Old Business: 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 - City Attorney (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. Chapman Collins Rubin Thomas - Abstained Watford Motion carried. *Councilman Thomas CONFLICT and filed required. COUNCILKEMERS/ACTION signed a MEMORANDUM OF VOTING it with the City Clerk as Motion by Councilman Collins, seconded by Council- man Thomas to read by title only Ordinance No. 601. No discussion.Title was read by City Attorney Cook. Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Collins, seconded by Council- man Watford to adopt Ordinance # 601. Request was made for input from the public, there was none. Council discussion ensued. Chapman Collins Rubin Thomas Watford Motion carried. x x .Dage 3 x x Cr page 4 COUNCII EMBERS/ACTION VOTE ABSENT YES NO After further discussion of Ordinance No. 601 the following action was taken: fi 3 Motion was made by Councilman Watford that Lola Parker be made Finance Director and that she is to report directly to the City Council through the Mayor, seconded by Councilman Rubin. Chapman x Collins x Rubin x Thomas x Watford x Motion carried. Motion by Councilman Watford that the City Administrator be named Acting Department Head for the Department of General Services, seconded by Councilman Collins. © I Chapman x Collins x Rubin x Thomas x Watford x Motion carried. Motion by Councilman Watford that the City Clerk affix the City seal to occupational licenses and that the City Clerk and the Police Chief sign the occupational licenses, seconded by Councilman Rubin. I Chapman x Collins x Rubin x Thomas x Watford x Motion carried. i CLOSE PUBLIC HEARING 2. Appearance of Mr. & Mrs. Steve Porter along with Attorney Lester Jennings to discuss the use of a 15-ft alleyway bisecting Block 34 at 1700 South Parrott Avenue. 3. Appearance of Mr. Rennie Berry and Dr. Edward Douglas, Chairman of Concerned Citizens for Consolidation. CO(JNCIIMEMBERS /ACTION Councilman Collins made a motion that no one be allowed to transfer any money from line item to line item in the Budget nor department to depart- ment in the Budget, without the Council's approval, seconded by Councilman Thomas. Chapman Collins Rubin Thomas Watford Motiom carried. Attorney Lester Jennings explained a request for use of a 15-ft alleyway by Mr. & Mrs. Steve Porter. After discussion, Councilman Thomas made a motion seconded by Councilman Rubin to instruct the City Attorney to research the matter to determine the status of the alleyway questioned, whether the City owns it or not and report his findings back the Council. Chapman Collins Rubin Thomas Watford Motion carried. Consolidation Issue: After discussion Councilman Watford made a motion that the City support the Consolidation Referendum providing it's by two seperate elections one for County voters and one for the City voters -and to pass, both would have to agree, seconded by Councilman Rubin. 5 VOTE YES NO ABSENT' H. NEW BUSINESS: 1. Consideration of Dickerson Florida's partial payment request No. 2 for street paving work done in the Northwest, Northeast, Southwest and South- east sections of the City's in the amount of $419,325.90 - Public Works Director Chuck Elders (Exhibit 3). � L COUNCI MEMBERS/ACTION Chapman Collins Rubin Thomas Watford Motion carried. Citizen Rudolph Torontali (Rudi) requested that his name be withdrawn from the petition because he feels too that the City should be allowed to decide for themselves with their own election. After discussion by Council and th e Director of Public Works, motion was made by Councilman Thomas, seconded by Councilman Rubin that the City, upon the recommendation of the engineer and the Director of Public Works, pay the partial payment request No. 2, in the amount of $419,325.90, to Dickerson Florida, for street paving. Council inquired about Dickerson Florida being contacted regarding clean-up work and Director of Public Works Elders stated the engineer is working on this. Council further cautioned about retainage of 10% of the paving contract to insure cleanup is complete; also curbing and drainage of S.E. 8th Avenue was discussed. Chapman Collins Rubin Thomas Watford Motion carried. page 6 VOTE ABSENT YES NO 2. Motion to adopt Resolution No. 88-9 requesting relief from the Department of Environmental Regulation and South Florida Water Management District - City Attorney (Exhibit 4). 3. Motion to approve the employment of Kathy Coody, meter reader and Kevin Timko, water plant operator trainee both of whom have satisfactorily completed their probation. 4. Pay request No. 11 Rock -A -Way. 5. Fire Truck No. 3 repairs of engine and brakes. COLJNCILMEMBERS /ACTION After discussion by Director of Public Utilities L. C. Fortner and DER representive Paul Phillips, who addressed the issue, motion was made by Councilman Rubin, seconded by Councilman Watford that Resolution No. 88-9 be adopted. In further discussion Director Fortner stated there was a meeting scheduled for next Thursday afternoon with the City, DER & South Florida Water Management. Chapman Collins Rubin Thomas Watford Motion carried. Motion was made by Councilman Collins, seconded by Councilman Rubin to approve the employment of Kathy Coody, meter reader and Kevin Timko, water plant operator as, as requested. Motion by Councilman Rubin, seconded by Council- man Thomas for the City to make payment of partial pay request No. 11 in the amount of $32,- 304.37, to Rock -A -Way. This is for Interceptor Sewer work along S.W. loth Avenue also lift station A. Motion by Councilman Watford, seconded by Council- man Rubin to contact the Division of Forestry and ask them to try to locate an engine for us and if one is not available, the City be put on a waiting list for an engine. for truck No. 3. After discus- sion Councilman Rubin withdrew his second. Councilman Thomas seconded the motion for discus- sion. Councilman Thomas withdrew his second. Motion died for lack of second. e7 VOTE ABSENT YES NO Motion by Councilman Thomas, seconded by Council- man Rubin to go ahead with the recommendation of I. 6. Update of items of interest to the City by County Commissioner Jack Williamson. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: COUNCIllEMERS/ACTION Fire Chief Tomey to purchase a motor and brakes in the amount of $7500.00. No futher discussion. Chapman Collins Rubin Thomas Watford Motion carried. INo report. A) Councilman Collins asked if Council had any objections to City workers using the City Councils' parking spot during the day when the workers have to be here taking care of City business and it was agreed by the Council for the City workers to use the Council's parking place during the week instead of parking close to the building. B) Semi -trailers parking on S.E. 3rd Avenue. close to the City Hall, are causing problems both because they block the view of on -coming traffic and also are damaging to the street paving. Staff will check into the matter and report back to the Council at the next meeting. C) Councilman Collins stated that the City needs to be more punctual in paying its bills and noted two such outstanding items. Staff was instructed to see to these matters of payment to okeechobee Office Supply also the warehouse bill for storage. VOTE ABSENT YES NO x 2. Councilman Thomas: 3. Councilman Watford: COLINCIllEMBERS /ACTION D) Council was advised by Councilman Collins that on its acreage there are numerous myrtle trees that could be removed by people who sell them that would give the City a percentage of the sale value of the trees. Also, this would work to clean up the acreage and make it more presentable to some- onre.- who °mi-g-.ht --wa-nt to , pu.rcha­se it C6uhie-il' 'ate -teed it was worth looking into. Nothing at this time. A) Councilman Watford asked the City Attorney about the status of a lawsuit by the City concerning Contractor Lawson and the roof over the City Police Station. The City Attorney will report back to the Council at a later date,.possibly next meeting.. Concerning the Lawson contract matter. B) Councilman Watford made a motion, seconded by Coucilman Rubin, that the Mayor write a letter to our legislators supporting House Joint Resolution 1211 and the Companion Senate Bill, Senate joint Resolution 1060... Discussion: Councilman Thomas asked what these items were for. Councilman Watford stated these bills support a proposed constitutional ammendment that would prohibit the state from passing manda- tory laws without providing the funding for them. Chapman Collins Rubin Thomas Watford Motion carried. ae9 VO:NO ABSENT YES c 0 a e 10 C0UNCII4D3ERS/ACTION VOTE ABSENT YES NO �. { C) Councilman Watford expressed disappointment ppointment in the $5,000 study the City is to pay for on the "Evaluation for the Potential of Deep Well Injection in the Okeechobee Area," prepared by Geraghty & Miller,Inc. Ground Water Consultants, of Palm Beach Gardens, Florida. Director of Public Utilities Fortner informed Council that the City has not paid the total amount due for this study. Councilman Watford made a motion that the City have L.C. Fortner, Director of Public Utilities and Jim Broome, Engineer study the minimum requirements that we had for this proposal and report back to the Council if it did in fact meet those requirements, seconded by Councilman Rubin. Chapman I x Collins x Rubin x Thomas x Watford x Motion carried. D) Motion was made by Councilman Watford to authorize the City Attorney to inspect the South Florida Water Management District Drainage Regulations and make a recommendation to the Council as to any regulations we need to adopt, seconded by Councilman Thomas. Chapman x Collins x Rubin x Thomas x Watford Ix Motion carried. 1 COUNCIIIEIBERS /ACTION E) Motion was made by Councilman Watford that the City only use Muller, Mintz, et al, for labor union negotiation items for legal opinions or legal work if it is approved by the Council. Seconded by Councilman Rubin for discussion. Chapman Collins Rubin Thomas Watford Motion carried. IF) Councilman Watford asked the Council whc authorized the opinion of Claude L. Mullis; and what the price was for this opinion; and what is the opinion? (On the Sunshine Law). Mayor Chapman asked Attorney Cook to explain the opinion. Attorney Cook stated he would prefer to, if the Council wants it, write a memo to the Council giving them an overview of the Sunshine Law. Councilman Collins stated that in the opinion Mullis told us that it was not against the law for a City Councilman to meet and have talks with the City Clerk as long as she wasn't used as a conduit to another Councilman. Same as with the City Administrator as long as she/he wasn't used as a conduit to inform another Councilman, there was nothing illegal about holding discussions, as long as we don't use her or him as a conduit to transfer our opinion or our decisions to another Councilman. Councilman Watford further informed the Council that he had requested a copy of a list of charges directed at him at the last Council Meeting and was told by the Administrator on two occaisions that he did not have such a document. Mayor Chapman stated he had a list if Council- man Watford wanted it. (He could make up a list if Councilman Watford wanted him to).. 11 VOTE ABSENT YES I NO Q. Councilman Rubin: 5. Mayor Chapman: ADJORNMENT t OAKLAND R. CHAPMAN, Y ® ATTEST: BONNIE S. TH MAS, CITY CLERK COUNCILMEMBERS /ACTION Councilman Rubin requested that anyone that wants another legal opinion, come before the Council and request it first for approval. Otherwise use our own City Attorney. No report. Meeting adjorned at 5:55 F.M. page 12 VRN ABSENT YESO