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1989-02-21 Regular MeetingP E C G � pKEFC� o..-�-• do U. m \1ORO"' CITY OF OKEECHOBEE CITY COUNCIL MEETING February 21, 1989 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION COUNCI MEMERS/ACTION VOTE ABSENT' YES NO Call meeting to order. Mayor Chapman called the meeting to order at 2:00 P.M. Invocation offered by Mayor Chapman; Mayor Chapman Pledge of Allegiance led by Mayor Chapman Mayor Chapman. Mayor and Council attendance: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Jim Kirk Present Councilman Oscar Thomas Present Councilman Dowling Watford Present Staff attendance: City Attorney Cook Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Kogut Present Motion to dispense with reading and approve the Summarl Motion by Councilman Collins to dispense with of Council Action for the regular meeting of February reading and approve the Summary of Council 7, 1988. Action for the regular meeting of February 7, 1988, seconded by Councilman Kirk. Chapman Collins Kirk Thomas X Watford X Motion carried. February 21, 1989 Page Two E. Motion to approve warrant registers for January, 1989: General Fund $ 78,129.09 Public Utilities 39,057.36 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. G. NEW BUSINESS =� 1. Motion to appoint Mr. William Stratton as the Assistant Public Utilities Director at an annual salary of $25,000.00 - Director of Public Utilities. 2. Motion to award a one year contract for chemicals to Apperson Chemical Co. for $212,381.40 and Jones Chemical Co. for $12,399.00 - Director of Public Utilities. COUNCILMEMBERS/ACTION MVOTEABSENI' Motion to approve the warrant registers for January, 1989 by Councilman Watford, seconded by Councilman Collins (General Fund - I $78,129.09/Public Utilities - $39,057.36). Chapman X Collins X Kirk X Thomas X Watford X Motion carried. There were none. Motion by Councilman Collins, seconded by Councilman Kirk to appoint Mr. William . Stratton as the Assistant Public Utilities Director at an annual salary of $25,000.00. After discussion by Councilman Watford, Administrator Drago and Director Fortner, Chapman X Collins X Kirk X Thomas X Watford X Motion carried. #! Motion by Councilman Watford, seconded by 1 Councilman Collins to award a one year contract for chemicals to Apperson Chemical Co. for $212,381.40 and Jones Chemical Co. i for $12,399.00. Director Fortner explained that this contract would cover purchases for the entire year which they will draw on a weekly basis. February 21, 1989 Page Three 3. Motion to lay-off Mr. Chris Hill as a maintenance operator assigned to the Public Utilities Department and pay the difference between Mr. Hill regular salary and his Workman's Compensation Benefits for 90-days. - City Clerk/Director of Public Utilities (Exhibit 2). COUNCIIrR-IBERS/ACTION After further discussion between Director Fortner and Council, Chapman Collins Kirk Thomas Watford Motion Carried. Motion by Councilman Collins, seconded by Councilman Kirk to lay-off Mr. Chris Hill as s a maintenance operator assigned to the Public Utilities Department and pay the difference between Mr. Hill's regular salary and his Workman's Compensation benefits for 90-days. Director Fortner explained to Council that Mr. Hill was injured on the job several times, the last being in May of 1988. His physician has stated he can return to light duty work. Director Fortner stated there is no light duty work for Mr. Hill and that he needs to hire someone for the water and sewer main- tenance position Mr. Hill filled. Director Fortner informed Council that Mr. Hill has worked for the City 8 or 9 years. After discussion between City Attorney Cook, Administrator Drago, Director Fortner and Councilman regarding this position and our legal obligation in this matter, Chapman Collins Kirk Thomas Watford Motion carried. VOTE ABSENT YES NO X X X X X X X X X February 21, 1989 4. Discuss the Town Center Apartment water project - City Attorney (Exhibit 3). COUNCILMEMBERS/ACTION City Attorney Cook informed Council that he had met with Director Fortner and reviewed Director Fortner's list and reasons for differences in costs and materials, which was attached as Exhibit 3. Attorney Cook discussed the negotiation suggestions briefly with Council. Attorney John Cassels (representing Mr. Jim Gadoury/Town Center Apartments) addressed Council. After lengthy discussion between City Attorney Cook, Attorney Cassels, Mr. Gadoury and Council, Motion by Councilman Collins, seconded by Councilman Thomas - In complete and full settlement of Mr. Gadoury's claim for the dispute concerning the difference between the 8" and 12" pipe for the Town Center Apartment Project; The City of Okeechobee will reimburse Mr. Gadoury the sum of $32,000.00 by waiving sewer and water connection (capacity and tap in) fees for each building (Town Center Apartment Project) at the current rates in effect at the time of the tap in - up to but not to exceed the amount of $32,000.00. After discussion and comments by Council, Chapman Collins Kirk Thomas Watford Motion Carried. Page Four VOTE ABSENT YES NO 1 X X X X Xi February 21, 1989 Page Five RECESS: 3:20 P.M. Mayor Chapman called the meeting back to order at 3:35 P.M. G. Update of items of interest to the City by County Commissioner Jack Williamson. H. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: COUNCII14EMBERS /ACTION Attorney Cook stated, for the record, in the future, the City needs to enter into Development Agreements and/or Contracts with the developers prior to the start of construction. Any additions, deletions or changes should be made in writing and agreed upon by both the Contractor/ Developer and the City. Did not appear. a. Motion by Councilman Collins, seconded by Councilman Thomas that any city stationery ordered or printed in the future not list the Councilmen's and/or Department Head's names - that it have the city name, address, telephone number and City Seal, only. After discussion, Chapman Collins Kirk Thomas Watford Motion Carried. b. Requested the Public Works Director see about having a street light installed in the SW 8th Street & SW 2nd Avenue area. VOTE ABSENT YESI NO 4 1 Page Six comas: �tford: COUNCIIME4BERS /ACTION c. Requested that citations for Occupational Licenses which have expired be thoroughly checked prior to sending. Councilman Collin; stated that a citation was sent to an individual who has been out of business since August of 1988. d. Discussed burning permits within the City Limits with Fire Chief Tomey. Chief Tomey informed Council that permits are issued through his office/department - not the Divison of Forestry. e. Requested that Department Heads notify Administrator Drago immediately of any accidents and/or serious problems involving city employees and/or vehicles. Mr. Drago in turn should notify the Council immediately. a. Requested information on the status of the City's Impact Fees. Director Fortner advised Council that he is presently working on this matter and should have something for Council's review soon. a. Requested follow up information on the truck accident (at the shell pit) involving a Public Utilities driver and a Public Works Department vehicle. The City Administrator is waiting for the Insurance Adjuster's determination. b. Requested information on the Arbitration (in the Taddie Suit). City Attorney Cook stated that the amount of the Judgment is accruing interest at 12%. Attorney Cook, Administrator Drago and Councilman Watford briefly discussed the matter. VOTE ABSENT YES I NO February 21, 1989 Page Seven COUNCILMEMBERS/ACTION VOTE ABSENT -- YES NO c. Requested that additional correspondence be sent to the Railroad Company regarding the deteriorated condition of the crossing at N.W. 9th Avenue. d. Discussed the situation with Mrs. Shirley and the removal of the plants in the alley bordering her property. e. Discussed contacts with the labor attorney (Jim Crosland) with Administrator Drago and Attorney Cook. Motion by Councilman Watford, seconded by Councilman Thomas that the City not utilitze the labor attorney (Jim Crosland) unless approved by the Council. Amended Motion by Councilman Kirk, seconded by Councilman Collins that Mr. Crosland be contacted only after the City Attorney �W states that he is unable to render an opinion. Chapman Collins Kirk Thomas Watford Motion Carried. X X X X X Page Eight .rk: COOK: �mey: AT IF ANY PERSON SHOULD DECIDE TO AT THIS MEETING OF THE CITY COUNCIL, INSURE THAT A VERBATIM RECORD OF THE INCLUDES THE TESTIMONY AND EVIDENCE BASED. TY CLERK COUNCIIHaiMERS/ACFION I VOTE I ABSEhZ' YES j NO 1 a. Discussed salaries of City Fire Fighters. with Council, Fire Chief Tomey and Administrator Drago. Informed Council that there is a pending Motion to Dismiss (the Porter lawsuit) which should be heard in Court possibly next week. Mr. Cook will advise the Council of the outcome. Discussed water pressure problems in the Oak Park area with Director Fortner. Informed Council that there is a meeting Wednesday (2/22/89) at 7:00 P.M. in the City Hall Council Chambers for the Comprehensive Emergency Disaster Plan for Hazardous Materials. Mayor Chapman adjourned the meeting at 4:25 P.M.