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1985-07-16 Regular Meeting3769 85-1 :a REGULAR MEETING TUESDAY, JULY 16, 1985 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida at 2:00 P.M. Mayor Oakland R. Chapman called the meeting to order with the following Councilmembers present: Oakland R. Chapman, Mayor Andy Rubin, Vice Mayor Edward Douglas, Councilman Nick Collins, Councilman Oscar Thomas, Councilman Others present were: Bonnie S. Thomas, City Clerk L.C. Fortner, Jr., Administrative Assistant Jerry Bryant, City Attorney Steve Figley, Assistant Director of Public Utilities Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Street Superintendent Lydia J. Wilkerson, Deputy Clerk AGENDA ITEM #II AND III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Clerk Thomas followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Mayor Chapman asked if there were any additions or deletions to the minutes of the regular meetings of June 18th and July 2nd, and the special meeting of June 25th. Concerning the minutes of the June 25th meeting, Councilman Rubin stated that his vote concerning the rezoning for Madray Enterprises had been changed at the July 2nd meeting, and should be reflected in the minutes of the June 25th Special Meeting. Clerk Thomas explained the corrections would be shown in the minutes of today's meeting. With no other additions or deletions the minutes were approved as presented. AGENDA ITEM #V - MAYOR OAKLAND CHAPMAN, ON BEHALF OF THE CITY COUNCIL, WITH A PRESENTATION TO KELLY AMMONS FOR TEN YEARS SERVICE WITH THE CITY. Mayor Chapman presented a certificate of appreciation to Kelly Ammons for 10 years service with the City Police Department. 85-22 AGENDA ITEM #VI - ACTION BY COUNCIL ON THE REQUEST OF MR. STEVE PORTER TO USE THE ALLEY, SOUTH OF THE BRAHMAN THEATRE, FOR ACCESS TO A PROPOSED BUILDING. Administrative Assistant Fortner explained the request to Councilmembers, stating Mr. Porter was given permission by the City Council to concrete -over the alleyway, and if and when the City needed the alley for utilities, etc., he would then remove the concrete at his own expense. Mr. Steve Porter and Mrs. Jack Butler addressed the Council concerning each individual's desired use of the alley. After a lengthy discussion, Attorney Bryant suggested the Council authorize him to meet with Mr. Porter and Mr. Butler concerning the alleyway and try and resolve the differences outside of the Council meeting. Mr. Porter and Mrs. Bryant agreed to a meeting being set with 3770 1-7- �47 - f5 Attorney Bryant. Councilman Douglas made a motion that the Attorney set up a meeting with Mr. Porter and Mr. Butler to discuss the use of the alley. Councilman Rubin seconded the motion. Motion carried. AGENDA ITEM #VII - DISCUSSION AND ACTION BY COUNCIL RELATIVE TO A REQUEST FROM JOHN STANLEY TO FENCE A PORTION OF THE ALLEY AT THE REAR OF HIS PROPERTY LOCATED AT 508 S.E. 12TH AVENUE. Administrative Assistant Fortner explained that the alley was not opened at this time, and it was not expected to be in the near future. Mr. Stanley would like to fence 5 feet of the alley. Council requested that Administrative Assistant Fortner contact the surrounding property owners concerning the fencing of a portion of the alley, before the agreement was signed. Councilman Thomas made a motion that the agreement be signed by the Mayor, pending no objections from the adjoining property owners. Councilman Collins seconded the motion. Mayor Chapman, Councilmen Thomas, Collins and Douglas voted yes. Councilman Rubin voted no. Motion carried. The agreement will be brought back to the Council for approval before it is finalized. 85-48 I AGENDA ITEM #VIII - PRESENTATION OF A REPORT AND RECOMMENDATION ON SELECTION OF AN AUDIT FIRM. Administrative Assistant Fortner presented the Council with the results of the negotiations with the following three audit firms: Wicks, Brown, Williams and Company $10,000. 404 North Parrott Avenue Okeechobee, Florida Peat, Marwick, Mitchell and Company $13,500. 700 20th Street Vero Beach, Florida Davis, Gaines and DiBartolomeo $llr800. P.O. Box 1523 Ft. Pierce, Florida The Negotiation's Committee recommends the City accept the proposal from Davis, Gaines and DiBartolomeo in the amount of $11,800. Councilman Thomas made a motion to accept the proposal of Davis, Gaines and DiBartolomeo in the amount of $11,800. Councilman Douglas seconded the motion. After discussion by Council, Mayor Chapman asked for a vote on the motion. Councilmen Thomas, Douglas and Rubin voted in favor of the motion. Councilman Collins and Mayor Chapman voted against the motion. Motion carried. 85-21 AGENDA ITEM #IX - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL 2 TO COMMERCIAL - GIL CULBRETH. Councilman Douglas made a motion that the ordinance be read by title only. Councilman Collins seconded the motion. Motion carried. Mayor Chapman read the ordinance title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTATION, ENFORCEMENT AND MENDMENT THEREOF: PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL - 2 TO COMMERCIAL. f 3771 '7-14 - J5 85-21 Councilman Douglas made a motion that the ordinance be adopted. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM #X - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE'1_' AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO RG-2 - DEBORAH JOHNSON. 85-21 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF: PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO RG-2. Councilman Thomas made a motion that the ordinance be adopted. Councilman Douglas seconded the motion. Motion carried. AGENDA ITEM #XI - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE TO PROVIDE ADDITIONAL CATEGORIES FOR OCCUPATIONAL LICENSES; ESTABLISH REGULATIONS AND FEES. Councilman Collins made a motion that the ordinance be read by title only. Councilman Thomas seconded the motion. Motion carried. Insert diskette for drive $: and strike any key wh 85-41 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10 ARTICLE I, SECTION 10-15 TO INCLUDE ADDITIONAL OCCUPATIONAL LICENSE CATEGORIES AND FEES FOR SAME; TO--( RE -NUMBER OCCUPATIONAL LICENSE CATEGORIES; TO ADD APPROPRIATE REFERENCES TO OCCUPATIONAL LICENSE CATEGORIES WHERE APPLICABLE; PROVIDING AN EFFECTIVE DATE. After discussion concerning the ordinance, Councilman Douglas made a motion to have the occupational license ordinance set for second and final public hearing on August 6, 1985. Councilmen Rubin and Collins seconded the motion. Motion carried. Council discussed the situation concerning the occupational license for the year 1984-85 for Okeechobee Liquors that has not been purchased as of this date. After discussion, Council agreed that Police Chief Mobley contact the owners, Liquor World,in Orlando, to notify them that they have One week to purchase their City occupational license. AGENDA ITEM #XII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL. Mr. Shorty Paul addressed Council concerning the proposed truck ordinance. MEETING RECESSED Mayor Chapman recessed the meeting at 3:15 P.M. MEETING CONVENED The meeting convened at 4:21 P.M. AGENDA ITEM #XIII - MAYOR TO CALL ON THE CITY CLERK, ADMINISTRATIVE - ASSISTANT, CITY ATTORNEY AND COUNCILMEN FOR REPORTS AND/OR REQUESTS. Clerk Thomas explained to the Council the proposed millage rates and roll back figures concerning the proposed 1985-86 budget in relation to the anticipated ad valorum revenues. 3772 Administrative Assistant Fortner stated the Council needed to set the tentative millage rate for the 1985-86 fiscal year, and select dates for the two public hearings required. Councilman Thomas made a motion to set the tentative millage rate at 15% increase = 4.38. Councilman Douglas seconded the motion. Motion carried. Councilman Thomas made a motion to set the first public hearing on Monday, September 9, 1985 at 7:00 P.M. the second public hearing on Monday, September 23, 1985 at 7:00 P.M. Councilman Collins seconded the motion. Motion carried. Administrative Assistant Fortner asked the Council whether they were in favor of requesting Mr. Keesee's assistance on the City's present pay plan at a cost not to exceed $900.00.Council discussed the situation. Councilman Collins made a motion for the City to request Mr. Keesee to come to the City to study the present pay plan. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Collins, Rubin and Thomas voted for the motion. Mayor Chapman and Councilman Douglas voted against the motion. Motion carried. Attorney Bryant asked Council if they would like for him to insert into the agreement with Mulberger - that if construction did not begin within a one year period, the City of Okeechobee would refund the purchase price of $18,000. to Mr. Mulberger. Council discussed the situation and agreed that the insertion be included. Attorney Bryant said the amended agreement would be ready for the Council at the next regular meeting. Attorney Bryant and Council discussed the proposed agreement drafted by Carl Durrence concerning the easement in the connection of sewer to Seminole Cove. After discussion, Council members agreed that the agreement concerning the easement should be handled. between Carl Durrence and Jack Williamson (the owner of Seminole Cove). Attorney Bryant was requested by the Council to draw up an annexation agreement for those people wishing to be connected to the City's sewer system. Attorney Bryant presented the Council with the ordinance closing the alley located beside Wheeler's Sportsman Motel, owner Joe Patel. Councilman Collins made a motion to have the ordinance read by title only. Councilman Thomas seconded the motion. Motion carried. Mayor Chapman read the ordinance title as follows: 85-22 AN ORDINANCE CLOSING AND VACATING A PORTION OF THE ALLEY BETWEEN STATE ROAD 15 (PARROTT AVENUE) AND SOUTHEAST SECOND AVENUE; PROVIDING AN EFFECTIVE DATE. Councilman Douglas made a motion to set the ordinance for second and final public hearing on August 6, 1985. Councilman Thomas seconded the motion. Motion carried. Attorney Bryant stated that he was in the process of drafting the ordinance concerning alcoholic beverages, and he would like to have Council's input concerning the contents of the ordinance such as what distance should be listed in the ordinance (700 to 1000 feet), what the procedure of measurement should be (either door to door, threshold to threshold, property line to property line, or as the crow flies). Council discussed the pros and cons and agreed to have the attorney draft an ordinance for them to consider. I COUNCILMAN COLLINS commented on the City giving Assistant Director Figley a raise (half of Adm. Asst. Fortner's raise which would be $2,600.) retroactive to January when Mr. Figley assumed the additional responsibilities of the department (The date when Director Fortner was appointed Administrative Assistant). A lengthy discussion was held concerning the amount of increase which was due Assistant Director Figley. Councilman Collins made a motion that Assistant Director Figley receive a $2,600. pay increase retroactive to January when he assumed the additional responsibilities. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote. Councilmen Collins, Thomas and Mayor Chapman voted for the motion. Councilmen Douglas and Rubin opposed the motion. 3773 Discussion ensued concerning the amount of the pay increase, and Councilman Thomas stated that he would like to have his second removed from the motion. He asked Attorney Bryant is he could remove his second from the motion after a vote had been taken. Attorney Bryant informed him that one of the other members could make a motion which would allow him to remove his second. Councilman Douglas made a motion to allow Councilman Thomas to remove his second from the motion. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Douglas, Rubin and Thomas voted for the motion. Mayor Chapman and Councilman Collins voted against the motion. Motion carried. Councilman Thomas made a motion to appoint Steve Figley as Acting Director of Public Utilities. Councilman Douglas seconded the motion for discussion. After discussion, Mayor Chapman asked for a vote on the motion. Councilmen Thomas, Douglas, Collins and Mayor Chapman voted for the motion. Councilman Rubin voted against the motion. Motion carried. Mayor Chapman asked Steve Figley if he would accept the position of Acting Director of Public Utilities. Steve accepted the appointment. COUNCILMAN THOMAS asked about the shell being replaced on Southwest 2nd Street. Administrative Assistant Fortner stated the sewer contractor had been instructed to correct the problem. MAYOR CHAPMAN asked Administrative Assistant Fortner to send a card to Richard Fellows from the Council for the recent death of his father. MAYOR CHAPMAN began the discussion on the possibility of the City contacting the County requesting them to enforce the HRS law concerning the use of Port-O-Lets on all contractor's jobs. After discussion, Councilman Collins made a motion to allow Administrative Assistant Fortner to write the County Commissioners, requesting them to enforce the HRS law concerning the use of Port-O-Lets. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins, Rubin, Douglas and Mayor Chapman voted for the motion. Councilman Thomas voted against the motion. Motion carried. COUNCILMAN RUBIN commented on the possibility of the City hiring someone to follow up on the available grants for the City, and asked Administrative Assistant Fortner to contact a few qualified people and request them to appear before the Council at the next regular Council meeting. COUNCILMAN RUBIN made a motion that the City begin advertising for the sale of the City's 154 acres. Mayor Chapman asked if there was a second to the motion. There being no response, the motion died for the lack of a second. COUNCILMAN RUBIN stated that he felt the 2 1/2 % pal was due to the City employees COUNCILMAN THOMAS aske purchasing a new Chief's car. poor condition of the car he AGENDA ITEM HIV - ADJOURNMENT that he would like to go on record stating increase was coming short of what he felt d Fire Chief Tomey if he was planning on Chief Tomey answered yes he was due to the was presently using. There being no further business to discuss the meeting was adjourned at 6:06 P.M. OAKLAMD R. CHAPM , MAYOR ATTEST: A*�- BONNIE •