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1988-08-16 Regular MeetingCITY OF CHEECHOBEE CITY COUNCIL MEETING August 16, 1988 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION A. Call meeting to order B. Invocation offered by the Reverend Anton P. Jensen; Pledge of Allegiance led by Mayor Chapman. C. Mayor Chapman and Council attendance: Mayor Oakland Chapman Councilman Nick Collins j Councilman Andy Rubin Councilman Oscar Thomas Councilman Dowling Watford Staff Attendance: City Attorney Cook City Administrator Drago City Clerk Thomas D. Motion to dispense with reading and approve the Summar of Council Action for the regular meeting of July 19, 1988 and the Special Meeting of August 9, 1988. COUNCILMEMBERS/ACTION The meeting was called to order at 2:00 P.M. by Mayor Chapman Reverend Anton P. Jensen Mayor Chapman Present Present Present Present Present Present Present Present Motion by Councilman Collins, seconded by Councilman Thomas. Chapman Collins Rubin Thomas Watford Motion carried. VOTE t sS NO ABSE r page 2 E. Motion to approve warrant registers for June and July, 1988: General Fund...............$81,305.97 Public Utility Fund ........ $77,067.78 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEARING FOR REZONING AND ORDINANCE ADOPTION: 1. Consider Petition #233-R for rezoning of property currently classified as RG-2 (Residential General) to C-II (Commercial II permitted principal uses). Subject property at 301 S.W. 3rd Street - Exhibit 1 (City/County Planning & Zoning Commission recommended approval). 2a. Motion to read by title only an ordinance closing, vacating and abandoning the alley or alleyway located in Blocks B and C, Okeechobee Development Company - City Attorney (Exhibit 2). COUNCILMEMBERS/ACTION Motion by Councilman Watford, seconded by Councilman Rubin Chapman Collins Rubin Thomas Watford Motion carried. None. Motion by Councilman Watford, seconded by Councilman Rubin to approve rezoning Petition #233-R as recommended by the City/County Planning & Zoning Commission Chapman Collins Rubin Thomas Watford Motion carried. Motion by Councilman Thomas, seconded by Councilman Rubin to read by title only Ordinance No. 605, vacating and abandoning the alley or alleyway located in Blocks B and C, Okeechobee Development Company Chapman Collins Rubin Thomas Watford Motion carried. VHABSENT YES nrdinancP Nn. FOS read by title only by C itv page 3 COUNCILrEMBERS/ACTION VOTE ABSENT YES NO 2b. Motion to adopt Ordinance closing, vacating and Motion by Councilman Thomas, seconded by abandoning alley or alleyway located in Blocks Councilman Collins to adopt the Ordinance #605 B & C, Okeechobee Development Company closing, vacating and abandoning the alley or alleyway located in Blocks B & C, Okeechobee Development Company. After discussion Chapman X Collins X Rubin X Thomas X Watford Motion carried. 3a. Motion to read by title only Ordinance No. 606 Motion by Councilman Watford, seconded by establishing traffic controls - City Attorney Councilman Thomas to read, by title only, (Exhibit 3). Ordinance No. 606, establishing traffic controls. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. Ordinance No. 606 read, by title only, by City Attorney Cook. 3b. Motion to adopt Ordinance No. 606 establishing After discussion, motion was made to table the traffic controls. adoption of Ordinance No. 606 until the next City Council Meeting by Councilman Thomas, seconded by Councilman Collins. Chapman X Collins X Rubin Thomas X Watford X Motion carried. page 4 COUNCILMENBERS/ACTION VOTE ABSENT YES NO 4. Motion to adopt Resolution No. 88-14 establishing Withdrawn until Ordinance #606 is completed. a schedule of civil penalties for parking vio- lations City Attorney (Exhibit 4). CLOSE PUBLIC HEARING G. NEW BUSINESS: 1. Presentation of plaques. Mayor Chapman presented a plaque and key to the City to Mr. Ray F. Denton of England who was a pilot in the Royal Air Force and performed a diversionary landing at the local airport in 1942, assisted by the residents of Okeechobee who lined their autos along the airstrip to light it. He stated he felt that these residents had saved his life. Mayor Chapman presented a plaque to Sgt. Jerome Smith of the Okeechobee Police Department for C� his contribution to the youth of Okeechobee. Mayor Chapman presented a plaque to Mrs. Avilla McCroklin in recognition of her humanitarian deeds to the people of Okeechobee. 2. Motion to approve the appointment of Trudy Rogut Motion by Councilman Rubin, seconded by an Administrative Secretary in the City Clerk's Councilman Collins. office. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. i page 5 COUNCILMEMBERS/ACTION VOTE ABSENT YES NO 3. Motion to approve the appointment of Lynette Lowe Motion by Councilman Collins, seconded by and Rim Leibenguth as regular employees. Councilman Watford. After discussion, Chapman X Collins X Rubin X Thomas X Watford X Motion carried. 4. Motion to adopt Resolution No. 88-15 authorizing Motion by Councilman Watford, seconded by the City Administrator and the Director of Councilman Collins. After discussion, Public Utilities to execute utility permits - City Administrator (Exhibit 5). Chapman X Collins X Rubin X Thomas X Watford X Motion carried. 5. Motion to approve a partial pay request to Motion by Councilman Watford, seconded by Dickerson for $2 9,803.89 - Director of Public Works (Exhibit 6). Councilman Rubin. Discussion: Councilman Rubin inquired how much was still owed Dickerson and how much of the work was outstanding. Director of Public Works, Mr. Elders stated that 98% of the work has now been completed. Councilman Watford asked if all of the work had been completed satisfactorily and Mayor Chapman inquired about ' the culverts to be replaced. Mr. Elders stated that there were minor items to be fixed and/or replaced. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. page 6 COUNCIIrEMBERS/ACTION VOTE ABSENT YES NO Recess: 2:50 P.M. Mayor Chapman called the meeting back to order at 3:05 P.M. i 6. Motion to award the purchase of one pickup truck Motion by Councilman Thomas, seconded by for the Director of Public Works - City Councilman Rubin to purchase a 1988 GMC Administrator (Exhibit 6). 1/2 Ton Pickup from the lowest bidder; Barrie Reed. Cost to be $9,467.70. Delivery: Approximately 21 days. Discussion: Councilman Watford abstained from voting stating his reason being that he was affiliated with one of the companies placing a bid on the truck, and will file the necessary Conflict of Interest forms with the City Clerk's office. After discussion between Councilmen and staff, Chapman X Collins X Rubin X I -- Thomas X �{ Watford * ab tai ed Motion carried. *Councilman signed a MEMORANDUM OF VOTING CONFLICT and filed it with the City' Clerk as required. 7. Motion to approve a rental plan between the Motion by Councilman Thomas, seconded by City and C & S Bank in the amount of $24,280.00 fo Councilman Collins to approve a rental plan new police cars - City Administrator. between the City and C & S Bank in the amount of $24,280 for new police cars. Discussion: Councilman Watford requested proposals and further information in the matter. The City Administrator informed Council of Banks that had been contacted and information obtained from them. After discussion with Captain Farrenkopf of the City Police Department and City Administrator Drago, Motion was made by Councilman Watford, seconded by Councilman Collins to table this matter until the next Council meeting. Da b-e 7: - COUNCIlMEMERS/ACTION VOTE ABSENT YES NO Discussion: City Administrator an ounce man Thomas discussed the possible delay of receipt o the vehicles, and renogotiation of terms. Councilman Collins withdrew his second to the Motion stating he wished to see the rental plan schedule. Motion by Councilman Thomas, seconded by Councilman Collins to approve the rental plan between the City and C & S Bank in the amount of $24,280 for five (5) LTD Crown Victoria police cars subject to approval at the budget hearing. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. T r 8. Hear from Mr. Rucker Wilcox regarding water After discussion with Mr. Rucker Wilcox and the allocation. Director of Public Utilities, Mr. Fortner; _Motion was made by Councilman Thomas, seconded by Councilman Collins to allocate water and sewer (4,250 gallons) to Mr. Wilcox for his project at Connors Highlands. Discussion: Councilman, Administrator Drago, Director of Public Utilities and Mr. Wilcox discussed remaining allocations, necessary DER permits and Mr. Wilcox's signing of City Annexation documents, due to the subject property being located in the County. Mr. Wilcox stated that there is an enclave which might prevent the property from being annexed. After discussion, Chapman X Collins X Rubin X Thomas Watford X X page 8 COUNCI1MEMBERS/ACTI0N VOTE ABSENT YES NO 9. Hear from Mr. Mack Worley regarding a water line - Did not appear. No action taken. Mr. Mack Worley. 10. Update of items of interest to the City by County Nothing to report at this time. Commissioner Jack Williamson. H. COUNCIL REPORTS AND/OR REQUESTS: Councilman Collins: 1. American Water Systems has requested they be allowed to fence in the lot adjacent to their property on S.W. 2nd Street to allow overnight parking of their company trucks. Staff members are to check zoning of property and notify property owner whether or not it is a permitted use. 2 2. Administrator Drago was asked about the status of the Industrial Park. Mr. Drago will contact South Florida Water Management and DER regarding industrial waste and wetland requirements and will get back to Council with further information in this regard. 3. Captain Farrenkopf was asked whether or not noise meters have been installed in City Police vehicles. Captain Farrenkoph said that the Department presently has one (1) meter and two (2) on order from Radio Shack. Sergeants will carry them in their units. 4. Councilman Collins is receiving complaints from property owners regarding a firm working on and running motors of race cars. The Police Department was asked to check into this matter, particularly -on the weekends and during the evening hours. DaQe 9 COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO -( Councilman Thomas: 1. Asked Public Works Director Elders about the status of getting a tree ground down. Mr. Elders will check into the matter to insure is has been done. 2. Mr. Drago was asked whether or not DOT had responded to the request to install a "right turn on red" sign on the traffic lights in the City. Mr. Drago received correspondence (from DOT) denying the request. Councilman Thomas said he would check into the matter. 3. Requested Council consider forming a Site Plan Review Board or Panel (for the Building Department) to include "key personnel" from the City and County. City Administrator Drago will look into the matter and report back to the Council with his recommendations. 4. Asked Administrator Drago and Attorney Cook if information on impact fees could be made available by the next Council meeting. Attorney Cook: 1. Recently attended the Florida Municipal Attorney's Association seminar in Jacksonville where he obtained information on Development'Ordinances and examples of City Charters to follow should the Council decide to update the present Charter. Attorney Cook will send for further information and update the Council at a later date. page 10 COUNCIIr4DIBERS/ACTION VOTE ABSENT YES NO Councilman Watford: 1. Discussed further the parking problem (brought up by Councilman Collins earlier) at American Water Systems and suggeted that the property owners contact the Building Department about this matter, indicating the company may require a Special Exception. 2. Motion by Councilman Watford, seconded by Councilman Thomas to request the DOT to place No Truck Parking Signs in the block immediately South of South Park Street on Highway 441 (next to the old Bennie's Auto Supply). Mayor Chapman advised that he has contacted DOT and they have called for a study on this subject. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. 3. Motion to instruct the City Attorney to prepare the necessary Ordinance to present to the Planning and Zoning Board to remove bar and/or taverns for on -premises consumption of alcoholic beverages from the permitted principle use to the Special Exceptions category, seconded by Councilman Thomas. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. page 11 Councilman Rubin: Mayor Chapman: COUNCIIrE�!BERS/ACTION 4. Requested that City Administrator investigate Downtown Development Grants particularly in the area of Historical Preservation which might be available to th4 City and report back to the Council with his findings. 1. Asked. Councilmen to consider the request from Dropout Prevention Teacher, Larry Hackett of the Okeechobee High School to participate in the High School Dropout Education Program. City Administrator Drago was instructed to contact Mr. Hackett, obtain further information and report back to the Council. 2. Discussed the requirements of the Assistant to the Public Utilities Director. 3. Inquired of Administrator Drago and Attorney Cook of the $4,800.00 statement from Muller, Mintz, et al. Attorney Cook explained that all legal matters should be referred to his office prior to contacting any other law firm, however, this firm was retained as a labor representative for union negotiations which is not his specialty. 4. Questioned the status of the repair of "chuck holes" in 5 areas in the City. 1. Asked Director of Public Works to speak with Mrs. Heath regarding the drainage problem she is experiencing on her property VOTE ABSENT YES I NO e 12 Mr. Gadoury requested clarification from the Council on the status of the water line situation at the town Center Apartment, on Highway 441 South. Councilman Thomas left the Council Chambers (5:00 P.M.) COUNCIIMEMBERS /ACTION 2. Informed County Commissioner Williamson of a situation whereby individuals in the Southeast area had stockpiled 500 or more tires. DER was notified and in turn contacte the property owners, who moved the tires out of the City Limits to the County. County Commissioner Williamson and City staff members will look into the matter. Mr. Williamson informed the Council that he has been looking into the purchase and/or use of a shredder to alleviate the discarded tire problem in the future. Mayor Chapman requested that City employees report violations of this nature when they notice them. After lengthy discussion between Mr. Gadoury and Fire Chief Tomey, Motion was made by Councilman Thomas. seconded by Councilman Rubin for the City tc absorb the difference in cost of an 8" pipe to have a 12" pipe installed for the project, including the 100 feet under Highway 441 South, at an approximate cost of $5,200.00, as recommended by the Fire Chief. After further discussion by Councilmen, Attorney Cook and Administrator Drago, Chapman Collins Rubin Thomas Watford Motion carried. VOTE IABSENT YES I NO X X X X X age ii COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO Director of Public Utilities L. C. Fortner asked for Motion was made by Councilman Watford, clarification from the Council to confirm his recom- seconded by Councilman Collins to hire mendation for Assistant Director of Public Utilities. Billy Stratton as Assistant Director of Public Utilities at a starting annual salary of $25,000.00. After lengthy discussion. Councilman Watford amended his motion, seconded by Councilman Collins to allow Mr. Fortner to hire the assistant he recommended with a cap on the probationary period salary of $22,000.00. Chapman X Collins X Rubin R Thomas X Watford % Motion carried. Meeting was adjourned at 5:20 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 PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. OA LAND R. CHAPMAN MAYOR ATTEST: P+r BONNIE S. THOMAS, CITY CLERK f"