Loading...
1989-01-17 Regular MeetingA. B. C. pKEFC U Call meeting to order. CITY OF OKEECHOBEE CITY COUNCIL MEETING January 17, 1989 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION Invocation offered by the Reverend Mark Belleville of the Assembly of God Church; Pledge of Allegiance led by Mayor Chapman Mayor and Council attendance: Mayor Oakland Chapman Councilman click Collins Councilman Jim Kirk Councilman Oscar Thomas Councilman Dowling Watford Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Kogut D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of January 3, 1988. COUNCIIHR�BIItS /ACTION Mayor Chapman called the meeting to order at 2:00 P.M. Reverend Belleville. Mayor Chapman. Present Present Present Absent *** (Councilman Thomas entered Council Chambers at 2:07 P.M. - See pg. 2 - Item F-1). Present Present Present Present Present Motion by Councilman Collins to dispense with reading and approve the Summary of Council Action for the regular meeting of January 3, 19880, seconded by Councilman Watford and Kirk. Chapman Collins Kirk Thomas Watford Ram ©EA rA X January 17, 1989 E. Motion to approve warrant registers for December, 1988: General Fund $ 47,724.24 Public Utilities 38,074.69 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA 1. Motion to read, by title only, Ordinance,No. 611 amending chapter eight of the Code of Ordinances, providing for health and beautification - City Attorney (Exhibit 1). COUNCIlMaMERS/ACTION Motion to approve the warrant registers for December, 1988 by Councilman Watford, seconded by Councilman Kirk. Chapman Collins Kirk Thomas Watford Motion carried. Mayor Chapman stated that Item #13 - request from Mrs. Clara Sellers for water and sewer allocation (Exhibit 10) should be withdrawn from the agenda. Director Fortner stated he had an employee who needed to be introduced to Council. Motion by Councilman Watford, seconded by seconded by Councilman Collins, to read, by title only, proposed Ordinance #611 amending chapter eight of the Code of Ordinances, providing for health and beautification. Chapman Collins Kirk Thomas Watford Motion carried. Councilman Thomas entered Council Chambers at 2:07 P.M. Page Two VOTE ABSENT YES I NO X X X X X X X fX X P January 17, 1989 2. Motion to adopt Ordinance #611 amending the chapter eight of the Code of Ordinances, providing for health and beautification. COUNCILMEIMERS/ACTION Attorney Cook read the proposed Ordinance #611, try title only, as follows: Proposed ORDINANCE #611 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR THE REPEAL OF CHAPTER 9 AND SECTION 11-7 AND 11-17 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT; PROVIDING A NEW TITLE FOR CHAPTER 8; PROVIDING FOR NEW DEFINITIONS IN SECTION 8-1; AMENDING SECTION 8-2 AND 8-4; PROVIDING FOR NEW SECTIONS 8-8 THROUGH 8-15 INCLUSIVE; AMENDING SECTION 8-17; PROVIDING FOR RESERVING 8-37 THROUGH 8-39 I-NCLUSIVE_IN_ARTICLE_II, DIVISION 2; PROVIDING FOR A NEW ARTICLE II, DIVISION 3 ENTITLED ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE. Motion to adopt Ordinance #611 amending chapter eight of the Code of Ordinances, providing for health and beautification by Councilman Collins, seconded by Councilman Watford. Pa a Three VOTE ABSENT YES NO January 17. 1989 Page Four COUNCII14EMBERS/ACTION VOTE ABSENT YES NO After lengthy discussion between Council, Attorney Cook, Administrator Drago, and Police Chief Mobley, Motion by Councilman Collins, seconded by Councilman Thomas to amend the original Motion and include the following changes: a) Section 8-2: delete "on the property and on the portion of the adjoining public right-of- way between the property and the street." - b) Section 8-11 b. delete the entire paragraph. c) Section 8-11 c. change to read: "All owners of AU unimproved property?-whieh-emeeeds five- Beres-eer�tigtzectsfY-feeeted-antler-eex+n+er� ewnersh4pT shall cut and keep cut J d) Section 8-11 d. delete the words "and right-of-way" e) Section 8-11 g. Define "proper ground cover". Chapman R Collins R Kirk R Thomas X Watford X Motion carried. Motion by Councilman Watford, seconded by Councilman Thomas to approve the first reading of ordinance #611 and set the Final Hearing for February 7, 1989. z i January 17, 1989 CLOSE PUBLIC HEARING G. NEW BUSINESS 1. Motion to appoint John Paul Zeigler as a new Police Officer - Police Chief. 2. Motion to appoint Harry Velarde and Gary Charles as new fire fighters - Lt. Douglas. Page Five COUNCILMEMBERS/ACTION VOTE ABSF.Nr YES NO Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. Motion by Councilman Watford, seconded by Councilman Kirk to appoint John Paul Zeigler as a new Police Officer to the Police Department. Chief Mobley introduced Mr. Zeigler and informed Council that he had been hired to replace John Wilbur. Chapman X Collins X Kirk X Thomas X Watford X Motion carried. Motion by Councilman Watford, seconded by Councilman Kirk to appoint Harry Velarde and Gary Charles as new fire fighters to the Fire Department. Lt. Douglas introduced Mr. Velarde and Mr. Charles to Council. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. January 17, 1989 Page Six CU NCILMEMBERS/ACTION VOTE ABSENT YES NO Director Fortner introduced Donald Ryer to Council. Mr. Ryer is a Waste Water Treatment Operator. (Mr. Ryer's appointment was approved by Council at the 1/3/89 Council Meeting). 3. Motion to appoint Chief Keith Tomey to serve on Motion by Councilman Collins, seconded by the Fire Department Pension Board - City Councilman Watford to appoint Chief Tomey to Administrator (Exhibit 2). serve on the Fire Department Pension Board to replace Lt. White and complete the term (Jan 1, 1988 - Dec 31, 1989). After discussion, Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 4. Motion to reappoint Charles Elders and Roger Motion by Councilman Watford, seconded by i Jones to serve on the General Employees Councilman Thomas to reappoint Charles Elders Pension Board - City Administrator (Exhibit 2). and Roger Jones to serve on the General Employees Pension Board (Jan 11 1989 - Dec. 31, 1990). Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 5. Appointment of a council member to serve on the Motion by Councilman Collins, seconded by General Employees Pension Board - City Councilman Watford to appoint Councilman Kirk Administrator (Exhibit 2). to serve on the General Employees Pension Board (Jan 1, 1989 - Dec 31, 1990). Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. January 17, 1989 Page Seven 6. Motion to approve $18,128.88 for additional health insurance premiums - City Administrator (Exhibit 3) COUNCIIMR4BERS/ACTION Finance Director Parker informed Council of the increase in premiums for health insurance and explained various options available to the City. After lengthy discussion between Director Parker, Administrator Drago and Council, Motion by Councilman Watford, seconded by Councilman Kirk to accept Alternate #1 for Health Insurance Premiums and that the City re -bid the Health Insurance. Administrator Drago informed Council that the bid of $105.98 from Principal Mutual is firm until December of 1989 and that the City has paid the increased price (from $86.37 to $123.51) since December 1, 1988. Mr. Drago and Director Parker voiced concern that Principal Mutual might exercise their 30 day cancellation rights if they realize we are seeking alternative: for Health Insurance Coverage. Ms. Parker informed Council that a survey was circulated to employees and the majority of the employees (with dependent coverage) requested to keep the existing coverage ($100 deductible/ 80% of $2,000 out-of-pocket expenses) at the higher premium rate. After further discussion, Chapman Collins Kirk Thomas Watford Motion Denied. * The above action recinded - See page 8, Paragraph 8. VOTE ABSENT YES I NO 'X X X ►0 January 17, 1989 Page Eight COUNCILMEBERS/ACTION VOTE IABSENT YES I NO Motion by Councilman Thomas, seconded by Councilman Collins to accept Alternate #2 and seek proposals for alternatives. After discussion regarding the costs to be incurred by this increase, Motion by Councilman Collins to table this matter until the next Council meeting. After discussion, Councilman Collins withdrew his Motion to table the matter until the next meeting. After further discussion, Councilman Collins withdrew his second to the original Motion. Councilman Thomas withdrew the Motion to accept Alternate #2 and seek proposals for alternatives. Motion by Councilman Thomas, seconded by Councilman Watford to accept Alternate #1 ($100.00 deductible per individual/$100.00 deductible per hospital confinement/80% of the first $5,000.00 out-of-pocket/$105.98 per month for employee cost/$182.88 per month for dependent cost with City paying $18.00 per month towards the dependent coverage) with Principal Mutual Insurance Company and solicit proposals for rates from other carriers. Chapman Collins Kirk Thomas Watford Motion Carried. a January 17, 1989 7. Motion to retain the firm of Knepper and Willard, Inc.to mediate the Town Center Apartment water main project - City Administrator (Exhibit 4). RECESS: 3:25 P.M. Mayor Chapman called the meeting back to order at 3:40 P.M. 8. Motion to approve the ordering of new occupational licenses - Director of Finance (Exhibit 5). OWWILMEMBERS/ACTION Administrator Drago explained to Council that Engineer Broome has a conflict of interest in in this matter and cannot mediate the dispute as authorized by Council on December 20, 1988. Administrator Drago recommended to Council that the firm of Knepper and Willard be retained to mediate. After discussion, Motion by Councilman Watford, seconded by Councilman Thomas to request the developer or his representative appear before the Council at the February 7, 1989 Regular Meeting to discuss the matter and that no engineers/engineering firms be hired/retained by the City. Chapman Collins Kirk Thomas Watford Motion Carried. Director Parker addressed Council and explained to Council that an Occupational License Data Processing Program had been purchased for the Finance Department and requested Council approve the format of the new license so that the forms/licenses may be ordered and printed. After discussion, VOTE ABS E IvT YES NO r 9. Motion to adopt Resolution 89-1 supporting a grant for Hospice - City Clerk (Exhibit 6). COUNCILN E MBERS /ACTION Motion by Councilman Thomas, seconded by Councilman Kirk to approve the ordering of new occupational licenses with the City emblem/seal. After discussion by Councilman Watford, Chapman Collins Kirk Thomas Watford Motion Carried. Motion by Councilman Collins, seconded by Councilman Watford to adopt Resolution 89-1 supporting a grant for Hospice. Chapman Collins Kirk Thomas Watford Motion Carried. Mayor Chapman read the Resolution as follows: RESOLUTION NO. 89-1 A RESOLUTION OF THE CITY COUNCIL SUPPORTING HOSPICE OF OKEECHOBEE IN ITS ATTEMPT TO OBTAIN A GRANT FUNDED THROUGH THE COMMUNITY SERVICES TRUST FUND GRANT, FEDERAL FISCAL YEAR 1989. WHEREAS, the City Council of the City of Okeechobee, Florida recognized the benefits of the Hospice Organization to the residents of the City of Okeechobee; and Page Ten VOTE ABSENT YES I NO [_ X X X X X X X X X X- January 17, 1989 Paae Eleven COUNCILmDmERS/ACTION VOTE ABSENY YES NO WHEREAS, the City of Okeechobee desires to support Hospice in its attempt to obtain a grant through the Community Services Trust Fund Grant; NOW, THEREFORE, be it resolved by the City Council of the City of Okeechobee, Florida: Section 1. That the City of Okeechobee does hereby support Hospice in its attempt to obtain a grant through the Community Services Trust Fund Grant. Section 2. That this Resolution shall take effect upon its adoption. �.� INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida in regular session assembled this 17th day of January, 1989. 10. Consider a request from American Pioneer Savings Melanie Anderson, Branch Manager for American Bank for an alley closing - City Clerk (Exhibit 7). Savings and Loan ap peared ppeared before Council and explained that American Pioneer had decided to withdraw Application #28 and pursue Application #27 which is the alley running North and South through Block 154, City of Okeechobee. Ms. Anderson has produced the necessary deeds and plat indicating that American Pioneer is the owner of Lots 3, 4, 5 & 6 which surrounds the alley in question (the alley runs between Lot 3 and Lots 4, 5, & 6). Ms. Anderson informed Council that the Bank wishes to expand their existing facility (sometime in 1990) and that this alley closing is necessary to move the parking lot back. Director Fortner explained that there are existing utilities in the alleyway and that an Easement would need to be executed and recorded. Ms. Anderson stated that she had no problem with this request for an easement. T�Ti[n21 17 _ I ORO Page Twelve COUNCIII4DIBERS/ACTION VOTE ABSENT YES NO Motion by Councilman Thomas, seconded by Councilman Collins to approve the request for the alley closing in Block 154, Town of Okeechobee and to follow the proper procedure (have the City Attorney draft an ordinance for first reading and have the Clerk's Office mail Certified Letters notifying property owners within 600 feet of said alley of the closing request). Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 11. Consider a request from Cecil and Hazel Hallon Motion by Councilman Thomas, seconded by for a refund of their sewer deposit - City Councilman Collins to refund the sewer deposit Administrator (Exhibit 8). to Cecil and Hazel Hallon. — After discussion whereby Director Fortner informed Council that citizens are presented with a statement which they execute when they receive a refund of the fees which informs them that they have received the refund and that the fees are subject to change in the future. After further discussion, Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. January 17, 1989 Page Thirteen 12. Consider a request from Mr. Robert DeHarder for water and sewer allocation - Mr. Robert DeHarder (Exhibit 9). 13. Consider a request from Mrs. Clara Sellers for water and sewer allocation - Mrs. Clara Sellers (Exhibit 10). COUNCIllMEMBERS /ACTION Walter Sylvester, Esquire, representing American Land Trust Company (Mr. Robert DeHarder) addressed Council to request water and sewer allocation for a proposed housing development off N.W. 9th Street (Hatton Property). Mr. Sylvester requested that Council consider setting up a workshop prior to the onset of the project to address the issues (roads, drainage, sewage, water allocation, etc). Mr. Rick Testut, Project Manager for this project was introduced to Council. After discussion Council agreed to set Wednesday, February 15, 1989 at 7:00 P.M. for a Workshop in this matter. **Council changed the date of this workshop to Tuesday, January 24, 1989 at 7:00 P.M. See Page 16, Item #4 **** Motion by Councilman Watford, seconded by Councilman Collins to postpone water and sewer allocation for this project until after the February 15th, 1989 workshop when other matters concerning this project are resolved. Chapman Collins Kirk Thomas Watford Motion Carried. This item was withdrawn from the agenda. VOTE ABSEidi YES NO X X X X X January 17, 1989 Page Fourteen 14. Discuss the Porter alley problem. 15. Update of items of interest to the City by County Commissioner Jack Williamson. COUNCILME BERS/ACTION Attorney Cook informed Council that Attorney Jennings indicated he would be filing suit in this matter "immediately". Attorney Cook stated there was no advantage or disadvantage to the City filing or Mr. Jennings filing the suit other than if Mr. Jennings files his client will have to pay Court costs. Councilman Watford questioned whether or not the City needs to "do something" to protect the City's interest in the alley. Mr. Jack Butler addressed the Council and stated this matter has been going on four (4) years. Motion by Councilman Watford, seconded by Councilman Collins to instruct the City Attorney to contact Attorney Jennings and attempt to speed the process along and that if no action is taken by Attorney Jennings by the next Council meeting (February 7th) that it again be placed on the agenda for Council's action. After further discussion, Chapman Collins Kirk Thomas Watford Motion Carried. Commissioner Williamson addressed Council and stated that the Legislative Delegation consisting of Chairman Senator Bob Crawford and Representatives Burt Harris & Bud Bronson will be coming to Okeechobee (on February 1st). They will assemble (in the County Commission Meeting Room) to discuss problems and ideas for Okeechobee which will come before the Legislature in the next Session. Mr. Williamson encouraged Council to appoint a spokesperson and/or group of individuals to represent the City's interest at thi c rnnrs+-i ran _ Af+-mr r7i c�icci �n VOTE ABSENT YES I NO A t>r January 17, 1989 Paqe Fifteen COUNCILMEMBERS/ACTION VOTE A.BSEY' YES NO Motion by Councilman Collins, seconded by Councilman Kirk to appoint Councilman Watford a spokesman, to work in conjunction with Administrator Drago to represent the City at this meeting. Chapman X Collins X Kirk R Thomas X Watford g Motion Carried. H. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: a. Councilman Collins requested Director Elders see about having a street light installed in front of the American Legion Building. b. Discussed the problem of vagrants in Flagler Park with Chief Mobley. Attorney Cook and Chief Mobley will research a situation recently utilized in Miami -to remedy this situation. 2. Councilman Thomas: Discussed a co;nplaint he received regarding a parking situation with Chief Mobley. 3. Councilman Watford: a. Spoke about the possibility of changing the Council meeting times to the evening. After discussion, Motion by Councilman Kirk, seconded by Councilman Thomas to change the time of the of the City Council Meeting to 6:00 P.M. After further discussion Councilman Thomas withdrew his second and Councilman Kirk withdrew his Motion to change the time of the City Council Meetings. 7 , January 17, 1989 Page Sixteen COUNCIIlEMBERS/ACTION VOTE ABSENT ,YESI NO b. Councilman Watford spoke with Attorney Cook about the correspondence received from the railroad company with respect to the repair of the area at N.W. 9th. Attorney Cook informed Council that repairs are the responsibility of the City less and except repairs within one (11) foot of the tracks. c. Inquired of Director Fortner whether or not there are time limits imposed on the water and sewer allocation waiting list. Mr. Fortner stated there was not (due to the uncertainty of the start up dates of various construction projects). Council members discussed various time limits which could be placed on the allocations. Councilman Thomas requested a list be compiled of all individuals/firms who are on the allocation list and Council will discuss the matter at i the next (February 7th) Council meeting. r v d. Councilman Watford asked Department Heads_ and the Administrator whether or not all purchasing of office furniture has been completed. Administrator Drago and Department Heads discussed various items and projects which are planned and some of of the items which will be purchased. Councilman Watford requested that Department Heads "slow down" their purchasing of office furniture and "be careful" with remodeling projects. January 17, 1989 Page Seventeen COUNCIllMEMBERS/ACTION VOTE ABSENT YES NO 4. Councilman Kirk: Administrator Drago and Councilman Kirk stated that Tuesday? January 24th, 1989 at 7:00 P.M. is available for the Workshop with American Land Trust Company. Administrator Drago will write the attorney (Mr. Sylvester) and advise him that the date has been moved up so that any items which need to be addressed by the Council may be done at the next (February 7th) Council meeting. If Attorney Sylvester has a problem with this date the workshop will be held on the original date set of February 15th, 1989. 5. Mayor Chapman: Nothing at time time. Mayor Chapman adjourned the meeting at 4:40 P.M. N NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO r,o 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. CHAPMA , MAYOR ATTE B01RKI L' 'S . TJ 0'MAS , CMC _dl-'�Y CLERK r ,