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1988-11-15 Regular MeetingCITY OF OKEECHOBEE CITY COUNCIL MEETING November 15, 1988 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION COUNCHME BERS/ACTION VOTE ABSENT YES NO A. Call meeting to order. Mayor Chapman called the meeting to order at 2:00 P.M. B. Invocation offered by the Reverend Ross Denslow; Reverend Denslow Pledge of Allegiance led by Mayor Chapman Mayor Chapman. C. Mayor and Council attendance: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Absent Councilman Oscar Thomas Present -� councilman Dowling Watford Present Staff attendance: City Attorney Cook Present City Administrator Drago Present City Clerk Thomas Absent Deputy Clerk Kogut Present D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of October Councilman Collins requested that page nine (9), item 4 be corrected to state: " and 18, 1988. remove the 3' section between the old sidewalk and the curb later, if needed." NDvember 15, 1988 page two E. Motion to approve warrant registers for September and October, 1988: General Fund $113,922.68 Public Utilities 233,323.87 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRA:,JAL OF ITEMS ON TODAY'S AGENDA. F. NEW BUSINESS 1. Motion to appoint Mr. Charlie Hood and Mr. Rick Haggard as new fire fighters - Chief Tomey. C0UNCIIMR4BERS/ACTION VOTE YES t NO Motion to approve the minutes of October 18, 1988, with the necessary correction, by Councilman Thomas, seconded by Councilman Watford. Chapman X Collins X Rubin Thomas X Watford X Motion carried. Motion to approve the warrant registers for Sept- ember and October by Councilman Collins, seconded by Councilman Watford. Chapman Collins Rubin Thomas Watford Motion carried. Mayor Chapman stated that the matter of the refund of the deposit paid by Mr. Paul Pugh needed to be discussed. Motion by Councilman Watford, seconded by Councilman Thomas, to appoint Mr. Charlie Hood and Mr. Rick Haggard as new fire fighters in the City Fire Department. ABSENT X X r�� November 15, 1988 Page three 2. Motion to appoint Shirley Palmer as a new dispatcher assigned to the Police Department - Captain Farrenkopf. COUNCIIIKMERS /ACTION IVOTE YES I NO Chief Tomey introduced the new employees to the Council and stated that they had been hired to replace Phil Conroy and Dale Fulwider. These new hires bring the Fire Department back to full staff. Chapman X Collins X Rubin Thomas X Watford X Motion Carried. Motion to appoint Shirley Palmer as a new dispatcher assigned to_the Police Department by Councilman Thomas, seconded by Councilman Collins. Captain Farrenkopf introduced Ms. Palmer to Councilmembers and explained that she had been hired to replace Charlotte Newton. Chapman X Collins X Rubin Thomas X Watford X Motion Carried. ABSENT ►4 November 15, 1988 page four 3. Motion to appoint Mr. Vincent Padgett as a new maintenance operator assigned to the Public Works Department - Director Chuck Elders. COUNCIIMEMBERS/ACTION notion by Councilman Collins, seconded by Councilman Thomas, to appoint Vincent Padgett as a maintenance operator assigned to the Public Works Department. Director Elders introduced Mr. Padgett to Councilmembers and explained that he had been hired to replace Floyd Selph. Chapman Collins Rubin Thomas Watford Motion Carried. MMIUM min X X X X ABSENT X P 1 4. Motion to approve the Certification of City Mayor Chapman read the Certification in Canvassing Board for the city elections - its entirety, as follows: City Clerk (exhibit 1). To• Bonnie S. Thomas, City Clerk Fr Rowena Parkerson, Supervisor of Elections This is the official results of the City Council race and Consolidation straw ballot, held on November 8, 1988, as set forth by the Okeechobee County Canvassing Board, consisting of, November 15, 1988 e f ive COUNCIIMEMBERS/ACTION IVOTE IYESI NO Charles W. Harvey, County Commissioner Bonnie S. Thomas, City Clerk Rowena Parkerson, Supervisor of Elections Mary J. Arnold (acting for) County Judge, Burton Conner Name - Absentee Machine Total R.R. "Nick" Collins-' 93 508 601 James "Jim" Kirk 128 755 883 Andy Rubin 107 402 509 Nilliam J. Solliday 44 242 286 Non -binding straw ballot, consolidation of City Council and County Commissioner governing bodies Yes 108 634 742 No 94 332 426 I set my har and seal this tenth day of November, Nii, teen Hundred and Eighty -Eight (11-8-88). Rowena Parkerson, Supervisor of Elections Okeechobee County, Florida Motion by Councilman Collins, seconded by Councilman Watford to. -approve the Certification of City Canvassing Board for the city elections. Chapman X Collins X Rubin Thomas X Watford X Motion Carried. ABSENT LI November 15, 1988 page six 5. 6. Hear from Ms. Lottie Raulerson concerning shelling the alley behind the Senior Citizens - Ms. Lottie Raulerson. Hear from Mr. Paul Timko, Director of Community Affairs, Eckerd Youth Development Center, concerning an access road between the city's wastewater treatment plant and challenge camp - Mr. Paul Timko. COUNCIIrEMERS/ACTION Pis. Raulerson discussed the problem which exists with traffic and the possibility of shelling the alley behind the Council on Aging. After discussion with Councilmen and Director of Public Works Elders, Mayor Chapman requested Mr. Elders speak with adjoining property owner, Mr. James Enfinger regarding a possible easement and report back to the Council with his findings. Mr. Timko introduced Mr. Ron Stepanik, Director of Juvenile Justice Services for EYDC who discussed the challenge program which will be located on the State property directly behind the existing facility. Mr. Stepanik requested the use of approximately .4 of a mile of the access road to the sewage treatment plant, permission to relocate a pass through gate and permission to install a four foot high barbed wire fen; to discourage trespassers and animals. After discussion between Mr. Stepanik, Council, and Director of Public Utilities L.C. Fortner regarding amount of traffic, width of the road to accomadate two-way traffic, DER standards for the gate and fence, the possibility of having to install a second gate beyond EYDC's entrance, expenses to be incurred - EYDC's agreement to bear the expenses, and EYDC's willingness to execute a Hold Harmless Agreement. VOTE ABSENT YES NO November 15, 1988 page seven 7. Hear from Mr. Curtis Parks concerning fencing the alley behind 811 N.W. Park Street - Mr. Curtis Parks. COUNCIITEI�BERS /ACTION VOTE IYESI NO Motion by Councilman Watford, seconded by Councilman Thomas to.grant Eckerd Youth Develop- ment Center the use of the access road up to .4 of a mile into the plant site upon the following terms and conditions: 1. EYDC will bear the cost of any fence(s), relocation of any--fence(s), gate(s), and relocation of any gate(s), shoulder maintenance of roads which may be necessary due to two-way traffic. 2. EYDC agrees to any requirements placed on the City by DER because of this agreement and EYDC agrees to bear the cost of these improvements. 3. If future traffic warrants, to bear the cost of widening the road. 4. To execute a Hold Harmless Agreemen, in this matter. Chapman X Collins X Rubin Thomas X Watford X Motion Carried. Mr. Parks did not appear. Mayor Chapman asked Deputy Clerk Kogut to advise Mr. Parks of the necessary procedure(s-), if the matter arises. ABSENT X November 15, 1988 page eight M 9. Discuss burning buildings for fire training - Chief Tomey. Motion to approve a partial pay request of $8,597.53 to Dennis C. Smith, Inc. for street striping - Director of Public works. COUNCIIMEMBERS/ACTION Chief Tomey spoke to Councilmen about the burning of buildings as fire training programs. Chief Tomey explained to the Council that this is done on off -duty time by the firemen. Councilman Thomas requested some sort of cost analysis be submitted to the Council for the City's participation. Chief Tomey explained that this service is being performed free of charge to the individuals at the present time. Firemen notify property owners in a two block radius of the property to be burned a day ahead, of the burning. Councilman Watford requested more advance notice to the property owners. Chief Tomey agreed to notify residents 2 to 3 days prior to the burning. Chief Tomey also stressed that property owners are advised that it their responsibility to have the lots cleaned up within 30 days after the burning. Motion by Councilman Watford, seconded by Councilman Thomas to approve a partial pay request of $8,597.53 to Dennis C. Smith, Inc. for street striping. Director of Public 7.1aorks Chuck Elders explained to Council that this payment was to cover one third of the layout work performed. This payment represents approximately 35% of what has already been accomplished. Mayor Chapman expressed concern that the layout work will be fading if the actual striping is not performed soon. Director Elders felt this work would be started next week. Chapman Collins Rubin Thomas Watford Motion Carried. VOTE ABSENT YESI NO X X X X X November 15, 1988 page nine 10. Update of items of interest to the city from County Commissioner Jack Williamson. H. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: COUNCIIMEMBERS /ACTION Nothing to report at this time. 1. Councilman Collins spoke on behalf of Rucker Wilcox requ-esting that Sanitary Sewer allocation which was previously approved for five (5) homes in Connors Highlands be changed to three (3) other homes in the subdivision. Councilmen and Director Fortner agreed to the request. 2. Councilman Collins requested Mr. Drago call Mr. Pearce to set up a preliminary meeting to outline a formula for the Beachwater Association contract. Councilmen agreed unanimously with this request. 3. Councilman Collins inquired about the parking places being lost due to the right turn lane being made on South Park Street north of the Daniels Building (just before 441). Director Elders stated only one or two parking places have been lost due to this change. Mayor Chapman suggested the Council and Public Works Director look into paving the West side (by the Swimming Pool) to make into a parking area. Director Elders will check with Mr. Broome in this regard and report back to Council with some sort of estimate. VOTE ABSENT YESI NO November 15, 1988 page ten 2. 4. Councilman Thomas: Attorney Cook: Councilman Watford: COWI MEMBERS/ACTION 4. Councilman Collins asked Councilmen to consider turning the City's 151 acres into an Industrial Park, putting in streets and water and sewer and sell in 1 acre increments. Councilman Collins suggested the City finance the sale and attempt to recoup some of the money lost on the property. Councilman Collins requested that Administrator Drago check into the cost and report to the Council with his findings. Council agreed with this request. 5. Councilman Collins introduced Scott Montgomery to Councilmembers. Scott is the reporter for the Post hired to replace Jess Hendries. Nothing to report at this time. Nothing to report at this time. 1. Inquired as to the progress of the main- tenance problems with the Railroad Crossings particularly at the Dean's Court (9th Avenue) crossing. Director Elders stated that he has received correspondence indicating that the railroad company is only responsible for maintenance within one foot of the tracks. The City will have to repair the remainder. VOTE ABSENT YESI NO COUNCILME1MERS/ACTION Motion by Councilman Watford, seconded by Councilman Thomas to have Attorney Cook write to CSX and inform them that the Dean's Court (9th Avenue) and various other crossings within the City Limits have deteriorated to=the state that they are becoming a safety hazard and they need immediate attention. Chapman Collins Rubin Thomas Watford Motion Carried. 2. Councilman Watford spoke with Director Fortner regarding the possibility of sending delinquent notices or reminders to individuals in danger of having their water cut off. 3. Councilman Watford discussed the c aint� he has received from individuals r <3ing the Code Enforcement Officer's let. Attorney Cook stated that he felt existing Ordinances are too vague 'iat a new Ordinance needs to be a`''o After lengthy discussion, page elev- VOTE ABSEY: YES NO X X X X X COUNCILMEMBERS/ACTION Motion by Councilman Watford, seconded by Thomas to instruct the City Administrator to convey the Council's concerns regarding Code Enforcement Procedures to the Code Enforcement Officer and suggest he be more diplomatic in his approach in issuing citations. Chapman Collins Rubin Thomas Watford Motion Carried. 4. Councilman Watford complimented Councilman Collins on the cleanup efforts at Taylor Creek. 5. Councilman Watford discussed the letter and sample petition on the Unfunded Mandbtory Programs passed by the State that the City and County governments must fund. Motion by Councilman Watford, seconded by Councilman Collins to have the Mayor send a letter to our State Legislators and encourage them to support Constitutional Amendment Article 7, Section 17 proposed by the Florida League of Cities and that we encourage all of our citizens to encourage the State Legislatures to support this. Chapman Collins Rubin Thomas Watford ,.lotion Carried. page twelve_ VOTE ABSENT YES I NO X X X X X X X X X X November 15, 1988 page thirteen 5. 6. Councilman Rubin: Mayor Chapman: COUNCI MEMERS/ACTION VOTE IYESI NO 6. Councilman Watford discussed Ordinance #610, adding leases to the City's bidding procedures. He inquired about the lease recently approved with C & S Bank for the police cars (amount of lease, who provided and located the equipment, incorrect figures voted on by Council). After lengthy discussion between Councilman Watford, Administrator Drago, Mayor Chapman and Council members, Motion by Councilman Watford, seconded by Councilman Thomas to reconsider an Ordinance including leases in the City's formal bidding procedures. Chapman x Collins x Rubin Thomas x Watford x Motion denied. Absent 1. Mayor Chapman discussed the situation of Okeechobee Estates Property Owner Mr. Paul Pugh. fir. Pugh has encountered some difficulty in -obtaining the necessary documentation from the Health Department to receive a refund of the deposit paid to the City for the Sewer Disposal System Hookup. After discussion, ABSENT x November 15, 1988 page fourteen COUNCIIrEMBERS/ACTION I VOTE ABSENT IYESt NO Motion by Councilman Thomas, seconded by Councilman Watford to take care of these requests [for refunds of deposits paid by residents for hook up to the City's Sewer Disposal System] on a case by case basis, provided major repairs are needed [to the property owners existing system], eliminating the requirement that individuals secure a letter from the Health Department prior to obtaining a refund. Chapman Collins Rubin X Thomas Watford Motion Carried. Motion by Councilman Thomas, seconded by Councilman Collins, to offer Mr. Pugh a refund of his money. Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. 2. Mayor Chapman asked County Commissioner Williamson about the lack of a sign at Industrial Park. Director Fortner added that he had recently attended an Industrial Commission meeting and had seen a drawing of a proposed sign for the Industrial Park. 3. Mayor Chapman congratulated Councilman - Elect Jim Kirk on his successful election. November 15, 1988 page fifteen 6. Director of Public Utilities L. C. Fortner: e-i COUNCIL EMBERS/ACTION 1. Spoke about the condition of the sewer along S.W. 8th Street (under Parrott Avenue by Berger Insurance) and informed Council that he had a video in his office of the problem. He explained to the Council that this area has been barricaded off and needs immediate attention. Director Fortner requested permission to advertise for bids for the complete length of -the sewer to insert a liner inside the existing pipe to prevent it from caving in. Motion by Councilman Thomas, seconded by Councilman Collins to allow Director of Public Utilites to advertise for bids. After discussion, Councilman Collins withdrew his second to the notion. Motion died for lack of second. T\mended Motion by Councilman Thomas, seconded by ouncilman Collins to allow Director of Public Utilities to solicit proposals for emergency repairs on S.W. 8th Street. After discussion, Chapman Collins Rubin Thomas Watford Motion Carried. VOTE ABSENT YESI NO X X X X X 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 PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. OAKLAND R. CHAPMAV MAYOR ATTEST: COUNCILMEMBERS/ACTION VOTE ABSENT YES NO Mayor Chapman adjourned the meeting at 4:00 P.M. 4„"