1988-12-20 Regular MeetingQ pKEE
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
December 20, 1988 - 2:00 P.M.
SUMMARY OF CITY COUNCIL ACTION
COUNCILME2SERS/ACTION
VOTE
ABSENT'
y
NO
A. Call meeting to order.
Mayor Chapman called the meeting to order at 2:00
P.M.
B. Invocation offered by the Reverend Arlie Ball;
Reverend Ball.
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 Summar
Motion by Councilman Watford to dispense with
of Council Action for the regular meeting of November
reading and approve the.Summary of Council
15, 1988.
Action for the regular meeting of November
15, 1988, seconded by Councilman Collins.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion carried.
E. Motion to approve warrant registers for November:
General Fund $ 48,023.01
Public Utilities 105,651.43
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON
TODAY'S AGENDA.
F. OPEN PUBLIC HEARING FOR REZONING:
1. Consider Petition #248-R from Ranch Fertilizer,
Division of Diamond R. Fertilizer Co., Inc. for
the rezoning of property located at 702 N.E. 5th
Avenue from Industrial to Comercial I. (Exhibit
1 - recommended by the City/County Planning Board)
COUNCILMEMBERS/ACTION
Motion to approve the warrant registers for
November by Councilman Collins, seconded by
by Councilman Watford.
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
Mayor Chapman asked if there were any
additions, deletions or items to be
withdrawn from the agenda. Administrator
Drago stated Item #11; request of Mr.
Richard Ward of Hunt Real Estate for water
and sewer allocation, should be withdrawn
from the agenda.
Motion by Councilman Thomas to approve the
rezoning of Petition #248-R (property located
at 702 N.E. 5th Avenue - Ranch Fertilizer,
Division of Diamond R. Fertilizer Co., Inc.)
from Industrial to Commercial I, seconded by
Councilman Collins.
Mayor Chapman asked if there were any comments
or objections from the public in this matter -
there were none.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
VOTE ABSENT
YES I NO
X
X
X
X
X
X
X !
X
X
X
December 20, 1988
Page Three
G. NEW SUSINESS
1. Motion to approve the appointment of Mr. Keith
Ellenbeckey as a new maintenance operator assigned
to the Public Works Department - Director of
Public Works.
2.
3.
Motion to approve the appointment of Glen Hodges a
a regular employee assigned to the Fire Department
Chief Tomey.
Motion to approve a partial pay request of
$53,397.02 to Dickerson - Director of Public
Works (Exhibit 2).
COUNCIII�IBERS/ACTION I VOTE I ABSENT
YES I NO
Motion by Councilman Collins, seconded by
Councilman Watford, to approve the appointment
Mr. Keith Ellenbeckey as a maintenance
operator in the Public Works Department.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
Motion to approve the appointment of Glen
Hodges as a regular employeee assigned to the
Fire Department by Councilman Watford,
seconded by Councilman
Collins.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion Carried.
Motion by Councilman Watford, seconded by
Councilman Collins to approve partial pay
request (#9) from Dickerson in the amount of
$53,397.02.
Administrator Drago stated that this.request
was to cover the cost of the site pre-
paration, subgrade and base work for the
additional roads Council approved fc: 1988.
Chapman
Collins
X
Rubin IX
X
Thomas
X
Watford
X
Motion Carried.
December 20, 1988
4. Motion to approve the award of a $19,800 a year
street sweeping contract to L.P. Sanitation of
Okeechobee - City Administrator (Exhibit 3).
5. Motion to approve retaining Broome
Engineering to prepare an engineering report
for taste, odor and chlorine problems at the
water plant for $5,000.00 - Director of
Public Utilities (Exhibit 4).
COUNCILMEMBERS/ACTION
Motion by Councilman Thomas, seconded by
Councilman Collins to approve the award of a
$19,800.00 per year street sweeping contract
with L.P. Sanitation of Okeechobee.
After discussion between Administrator Drago,
Councilman Watford and Councilman Thomas
regarding the cost of purchasing and
maintaining such equipment, insurance, wages
for employees, in addition to the terms and
conditions of the contract which Mr. Drago
stated were: 1) The 19,800.00 price is
guaranteed to the City for three_ years
with an option available for two (2) ad-
ditional years at the same terms and con-
ditions. 2) Sixty (60) day cancellation
notice - by either party. 3) Covers 26
curb miles to be swept 26 times per year.
4) If additional sweeping is necessary,
cost to be $40.00 per curb mile.
Chapman
Collins
Rubin
Thomas
Watford
Motion Carried.
* Motion by Councilman Thomas, seconded by
Councilman Watford to approve retaining
Broome Engineering to prepare an engineering
report for taste, odor and chlorine problems
at the water plant for $5,000.00.
*THIS ACTION RECINDED SEE NEXT PAGE*
Page Four
VOTE ABSENT
YES I NO
X
X
X
X
n•i
December 20, 1988
Page Five
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
Director Fortner explained that DER has
requested this study prior to releasing
additional water allocation thru the water
line extensions. After further discussion
by Councilmembers,
Amended Motion by Councilman Watford, seconded
by Councilman Collins that the City of Okeechobee
will have an engineering study performed for
the low chlorine residuals and thereafter
request DER to clarify by what authority they
have to require us to do a study on taste and
odor problems.
Chapman
X
Collins
X
Rubin
X
Thomas
X
"
Watford
X
Motion Carried.
* After further discussion, Councilman Collins
withdrew his second to the Amended Motion and
Councilman Thomas withdrew his second to the
original motion. Both the original Motion and
* the Amended Motion died for lack of a second.
Councilmembers decided to have Director Fortner
and Engineer Broome write to DER and request
clarification on the request for a study on
taste and odor, and await the response from DER
prior to approving the $5,000.00 to Broome for
performing this study.
flncamher 20. 1988
Page Six
COUNCI1lEIMERS/ACTION
VOTE
ABSENT
YES
NO
Director Fortner showed a video tape of the
6. Motion to approve the award of a $52,000.00
proposal for the emergency repair of the sanitary
section of the sewer at 441 and S.W. 8th Street
sewer along S.W. 8th Street to Insituform Southea
t, which showed the deteriorated condition of
- Director of Public Utilities (Exhibit 5)
this section of the sewer pipes. Mr. Fortner
explained that there is 625 feet of sewer
which needs to be replaced/repaired
immediately.
Mr. Fortner also showed a presentation tape
for Insituform Southeast, Inc. explaining their
product.
Motion to approve the award of a $52,000.00
proposal for the emergency repair of the
sanitary sewer along SW 8th Street to
Insituform Southeast, Inc. by Councilman
Collins, seconded by Councilman Thomas. After
'
discussion,~
Chapman
Collins
Rubin
X
Thomas
Watford
Motion carried.
7. Motion to approve retaining Broome Engineering
Motion by Councilman Thomas, seconded by
to prepare plans and specifications for additional
Councilman Watford to approve retaining Broome
work along S.W. 8th Street for $5,000.00 -
Engineering to prepare plans and specifications
Director of Public Utilities (Exhibit 6).
for additional work along SW 8th Street for
$5,000.00.
Director Fortner explained to Council that
three (3) years agoforcemain was
.a
installed which dumps into the gravity sewer
and surcharges the line with wastewater from
the other stations in the Southwest Section.
This needs to be relocated into a larger
sanitary sewer and should be accomplished
before the road is paved. Engineering plans
st r sew ,� road,, etc.) needs to be drawn
ore is can be
BM? pro3ect advertised for
December 20, 1988
Page Seven
COUNCIIMQDIBERS/ACTION
VOTE
ABSENT
YES
NO
Chapman
X
Collins
X
Rubin
}
Thomas
X
Watford
X
Motion carried.
8. Motion to approve additional engineering
Motion by Councilman Thomas, seconded by
fees to Broome Engineering for the new water.
Councilman Watford to approve additional fees
plant for $55,000.00 - Director of Public
to Broome Engineering for the new water plant
Utilities (Exhibit 7).
for $55,000.00.
Councilman Collins stated that these fees
are for changes to the original contract (which
was net awarded to Broome) that DER has added.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion carried.
9. Motion to approve the use of a portion of the
Motion by Councilman Thomas, seconded by
water plant by the University of Florida for
Councilman Collins to approve the use of a
algae toxicology experiments - Director of
portion of the water plant by the University
Public Utilities (Exhibit 8).
of Florida for algae toxicology experiments.
After discussion between Director Fortner and
Council, Councilman Collins requested that
Administrator Drago inquire if there are any
grants available for the University to assist
us in other matters of this nature. Attorney
Cook stated that an Agreement (between the City
and the University) will need to be executed
in this regard.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford tttioncalried.
X
e Ei4ht
10. Hear from the concerned citizens for consolidati
Dr. Edward Douglas.
RECESS 3:40 P.M.
Mayor Chapman_ called the meeting back to order at 3:55 P.M.
COUNCILMEMBERS/AMON
Vincent LaMarianna addressed Council requesting
they move to have the Consolidation Issue betweer
the City and the County placed on the November,
1989 ballot.
Motion by Councilman Thomas, seconded by
Councilman Collins to place the issue of
Consolidation of the City and the County
on an election ballot for November 7, 1989.
Amended Motion by Councilman Watford to place
the issue of the Consolidation of the City and
the County on two separate elections: a City
election and a County election. For Consolidatic
to pass, both elections'resu3'ts-must "agree.
Amended Motion died for lack of a second.
Vote on original Motion:
Chapman
Collins
Rubin
Thomas
Watford
Motion denied.
Additional comments were made by Council -
members, Mr. LaMarianna, Debbie Raulerson,
Dr. Douglas and Mary Arnold.
X
X
X
December 20, 1988
Page Nine
11. Hear from Mr. Richard Ward of Hunt Real Estate
for water and sewer allocation - Mr. Richard Ward
Mr. Richard Ward (Exhibit 8).
12. Hear from Mr. Danny Mullins for water availabilitg
for a new elementary school on Mitchell Road - Mr,
Danny Mullins.
COUNCILrEIMERS/ACTION
This item withdrawn from the agenda.
Mr. Tom Conley addressed Council and informed
members that the School Board will be breaking
ground for the Mitchell Road Elementary School
in October of 1989. It is expected to be on
line around August of 1990. He requested
to be placed on the waiting list for water
allocation of approximately 15,000 gallons
per day. Council discussed the matter of the
water lines (or lack thereof) in this area.
Motion by Councilman Thomas, seconded by
Councilman Collins to place the Okeechobee
County School Board (Mitchell Road School)
on the waiting list for 15,000 gallons/day
water allocation. After discussion,
Chapman
Collins
Rubin
Thomas
Watford
Motion carried.
Mr. Conley also requested that Council consider
water allocation for the County/School Board
Recreational Facility on Hwy. 441 North - across
from the Sr. High School at approximately 7,500
to 10,000 gallons/day.
_VOTE ABSENT
YES NO
X
X
X
X
X
COUNCI1.MEHBERS/ACTION
VOTE
ABSENT
YES
NO
Motion by Councilman Watford, seconded by
Councilman Thomas, to place the County Rec-
reational Facility on the waiting list for
sewer and water with a 10,000 gallon/day
allocation - with the understanding that they
become aware of the costs to be involved.
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion carried.
13. Hear from Director of Public Utilities concerning
Motion by Councilman Thomas, seconded by
refund of sewer deposit to Geraldine Rimbro
(Exhibit 10).
Councilman Collins to refund the (sewer)
deposit paid by Ms. Geraldine Rimbro. After
discussion,
C
G
Chapman
X
Collins
X
Rubin
X
.
Thomas
X
Watford
X
Motion carried.
14. Discuss the request from Mr. Donald Clements
Motion by Councilman Collins, seconded by
for increased compensation for the duties of
Councilman Thomas to increase the travel
Chairman of the Code Enforcement Board
allowance for the Chairman of the Code
(Exhibit 11).
Enforcement Board to $50.00 per month and
travel allowance for other members of the
Code Enforcement Board to $35.00 per month.
After discussion,
Chapman
X
Collins
X
Rubin
X
Thomas
X
Watford
X
Motion carried.
11 -W.
December 20, 1988
Page Eleven
H.
15. Discuss the Town Center Apartment invoice -
Director of Public Utilities (Exhibit 12).
16. Update of items of interest to the City by
County Commissioner Jack Williamson7.
• ••; i •• •
1. Councilman Collins:
COUNCIIMEMBERS/ACTION
Director Fortner discussed the difference
in cost between the 8" and the 12" pipes
installed at the Town Center Apartment
project, including the 100' under Hwy. 441.
John Cassels, attorney for Mr. Jim Gadoury,
addressed Council and produced copies of
bids received by Mr. Gadoury for the work
which was performed. After lengthy discussion
it was agreed that Director Fortner, Mr.
Gadoury, Mr. Drago and the Engineers review the
documentation together and attempt to reach
some agreement in the amounts owed to Mr.
Gadoury and thereafter return to Council
with their recommendations.
Mr. Williamson did not appear.
VOTE ABSENT
YES NO
a) Councilman Collins asked Council �o consid r
changes and/or additions to the Code Ordinance
as follows: 1. Have Ordinance read "all
improved lands". 2. Trash, garbage, junk
citations could be issued on property owne s
of any property, improved or not. 3. Gra s
cutting- do away with 6" on improved land nd
10"-12" on unimproved property. 3. No tra ler;
may be hooked up (water, sewer & electrici y)
to homes.
December 20, 1988
2. Councilman Thomas:
3.
4.
Attorney Cook:
Councilman Watford:
COUNCILMEMBERS /ACTION
Darrell Ferneau addressed the Council
regarding the Code Ordinance and various
problems he has encountered in this regard.
As evidence of this Mr. Ferneau showed
Councilmen a copy of correspondence dated
11/30/88 to Mr. Sam, Rector which he request
be made part of the record (subject matter i
on file in the City Clerk's office). Darcy
Eubanks and Fire Chief Tomey also spoke to
Council about this matter.
No action was taken on this matter at this
time because the City Attorney is now in the
process of drawing up a new Ordinance which
addresses these matters more clearly. The
first hearing on this Ordinance is expected
after the first of the year.
b) Councilman Collins asked Director Elders
whether or not a dead end sign had been
erected at SW 14th Court. Director Elders
said he would check and insure that it had
been taken care of.
a) Requested information about the status of
the light at the SW 6th Street intersection.
Director Elders stated that it was in the
hands of Florida Power and Light. Mr. Drago
will check into this matter.
a) Informed Council that he had received a
guide on Ordinances and Laws from the Natio
Institute of Law Offices which includes
numerous sample Ordinances.
a) Councilman Watford inquired whether or not D
could look at the intersection of Highway 70
and North and South Park Street and ascertai
if there was some way the road could -be mark
better, particularly at night.
Page Twelve
VOTE ABSENT
YES t NO
b) Clar]',fied his voting record on the Con-
n l , n+-Intl 1 rciio
December 20, 1988
Page Thirteen
5.
6.
Councilman Rubin:
Mayor Chapman:
COUNCIIlE!,,IBERS /ACTION
c) Requested that any and all future contact
(with regard to the renegotiation of the
contract) with the Okeechobee Beachwater
Association be conducted by the Committee,
rather than just any one individual.
d) Councilman Watford spoke of the Okeechobee
Municipal Centre signs which were erected
at City Hall and his surprise at seeing the
signs. He requested that Council be informed
of all matters pertaining to the City prior
to their being implemented.
Absent
a) Mayor Chapman spoke about the possibility of
installing one (1) hour parking signs on
SW 5th Avenue (near the School Board Office).
Motion by Councilman Watford, seconded by
Councilman Thomas to erect one (1) hour parking
signs on SW 5th Avenue (between Park Street and
2nd Street) if it is agreeable with all the
merchants in the area. After discussion, it was
agreed that Director Elders would conduct a survey
of the merchants in the area on the matter and
report back to Council with the results.
Chapman
Collins -
Rubin
Thomas
Watford
Motion carried.
VOTE ABSENT
YES I NO
X
X
X
X
X
-fA 1 noo
Dann VAI7T*QOn
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
b) Mayor Chapman discussed complaints he has
been receiving from residents at Jones'
Trailer Park who are concerned with busses
and trucks turning around at this entrance
and the subsequent noise levels. Chief
Mobley stated that officers have checked
the noise levels at various times and found
no violations. He will speak with Mr. Smi
h
to see about having the school buses
re-routed.
c) Mayor Chapman spoke with Chief Mobley about
the Handicapped Parking within the City and
whether or not it is being enforced. Chief
Mobley stated that his officers cannot enfo
ce
the ordinances if the parking spaces are no
properly marked. The Mayor requested Chief
�=
Mobley accompany him to the Handicapped
Committee meeting to be held in January and
G�
explain the regulations to the individuals
on the Committee at that time.
7. Administrator Drago:
Nothing to report at this time.
..___...�__ �n •nee
COUNCIIMR-1BERS/ACTION
VOTE
ABSENT
YES
NO
ADJOURNMENT
Mayor Chapman adjourned the meeting at 5:25 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
PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED.
`--�►KLAND R. CHAP MAYOR
,
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK