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1985-09-03 Regular Meeting3"794 REGULAR MEETING TUESDAY, SEPTEMBER 3, 1985 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. Third Avenue, Okeechobee, Florida at 2.-00 P.M. with the following Councilmen present: Mayor Oakland R. Chapman Vice Mayor Andy Rubin Councilman Edward W. Douglas Councilman Nick Collins Councilman Oscar Thomas Others present were: L.C. Fortner, Jr., Administrative Assistant Bonnie S. Thomas, City Clerk Jerry Bryant, City Attorney Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Street Superintendent Johnny Bennett, Water Plant Supervisor Steve Figley, Acting Director of Public Utilities Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEM # II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was presented by Councilman Edward W. Douglas followed by the Pledge of Allegiance. 85-2 AGENDA ITEM # IV - MAYOR OAK -LAND CHAPMAN ON BEHALF OF THE CITY COUNCIL. WITH A PRESENTATION TO JOHNNv BENNETT IN RECOGNITION OF 25 Y ARS CONTINUOUS SERVICE WITH THE CITY OF OKEECHOBEE Mayor Chapman presented City employee Johnny Bennett with a certificate of appreciation for 25 years continuous service with the City of Okeechobee. 85-21 AGENDA ITEM # V - FINAL READING AND PUBLIC HEARING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, AMENDING -CHAPTER 18 PERTAINING TO WATER. SEWERS AND SEWAGE DISPOSAL; AMENDING SECTIONS 18-22, 18-_31, 18-48 AND REPEATING SECTION 18 29 PROVIDING AN EFFECTIVE DATE. Attorney Bryant began the discussion by stating that the Council has previously agreed to the rates as stated in the proposal submitted by Hunsberger, Bower and Walsh, and therefore, the ordinances needed to be amended to include those new rates. Council discussed the proposed new rates briefly. Ms. Wanda Summerall addressed Council and expressed her concern on the amount of rate increases since 1977, as compared to the amount of rate increases by Florida Power and Light. Councilman Rubin stated that he was opposed to the rate increase. He stated that the City was presently losing 3.8 Million Dollars on the Okeechobee Beachwater Contract. Administrative Assistant Fortner and Public Utilities Director Figley explained the present contract the City has with Okeechobee Beachwater. Citizen,Mr. Frank Wilbur, addressed the Council and stated that he was also opposed to the rate increase. After further discussion, Councilman Douglas made a motion to have the ordinance read by title only. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Douglas and Collins voted for the motion. Councilmen Thomas and Rubin voted against the motion. Mayor Chapman voted for the motion. Motion carried. Attorney Bryant read the ordinance title as follows: ORDINANCE 554 3795 (/,_Z- Y"5 Councilman Douglas made a motion that the ordinance be adopted. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Douglas and Collins voted for the motion. Councilmen Rubin and Thomas voted against the motion. Mayor Chapman voted for the motion. Motion carried. 85-21 I AGENDA ITEM # VI - FINAL READING AND PUBLIC HEARING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE• AMENDING CHAPTER 2 PERTAINING TO CONSOLIDATED BILLING FOR CITY SERVICES AMENDING SECTIONS 2064, 2-65 AND 2-66• PROVIDING AN EFFECTIVE DA F Councilman Douglas made a motion for the ordinance to be read by title only. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin voted against the motion. Motion carried. Attorney Bryant read the title as follows: ORDINANCE 555 Councilman Collins made a motion to adopt the ordinance. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the ordinance. Councilmen Thomas and Rubin voted against the motion. Mayor Chapman voted for the motion. Motion carried. 85-22 AGENDA ITEM #VIT - INTRODUCTION AND FIRST READING OF AN ORDINANCE VACATING. ABANDONING AND CLOSING THE ALLEYS IN BLOCK 90 OF THE CITY OF OKEECHOB F PROVIDING AN EFFECTIVE DATE (WILLARD MAYS). Councilman Collins made a motion that the ordinance be read by title only. Councilman Thomas seconded the motion. Motion carried. Attorney Bryant read the ordinance title as follows: ORDINANCE 556 Councilman Thomas made a motion that the ordinance be set for second and final public hearing on September 17, 1985. Councilman Douglas seconded the motion. Motion carried. Councilman Douglas made a motion that the ordinance be read by title only. Councilman Collins seconded the motion. Motion carried. Attorney Bryant read the title as follows: ORDINANCE 557 Councilman Collins made a motion that the ordinance be set for second and final public hearing on September 17, 1985. Councilman Thomas seconded the motion. Motion carried. 85-29 AGENDA ITEM #IX - DISCUSSION AND ACTION BY THE COUNCIL TO APPROVE A PAYMENT REQUEST SUBMITTED BY TADDI. UNDERGROUND -UTILITY COMPANY: -APPROVAL OF COUNCIL CONTINGENT UPON APPROVAL BY FARMERS HOME ADMINISTRATION, Administrative Assistant Fortner stated the pay request in the amount of $84,447.45 was ready for Council's approval, contingent upon Farmers Home 3796 approval. This pay request is only for the work completed during the month of July which has been approved by Engineer Broome. Engineer Broome recommended that the Council approve the pay request in the amount of $84,447.45. Councilman Thomas made a motion to approve the pay request in the amount of $84,447.45 for Taddie Underground Utility Company upon the recommendation of Engineer Broome, pending Farmer's Home approval. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Thomas, Collins and Douglas voted for the motion. Councilman Rubin opposed the motion. Motion carried. Councilman Rubin stated that he felt the City should not pay anything until the entire job was completed and approved by the Engineer. Attorney Bryant suggested the Council authorize him to find a law firm that handled these type of law suits. After discussion, Council agreed. Attorney Bryant stressed the importance of the Council members allowing the Engineer to handle the various situations concerning this company since he was appointed as the owner's representative. AGENDA85-34 ITEM # X - DISCUSSIQN AND ACTION BY THE COUNCIL TG DECLARE SEVEN CARS, - B LONGI-N.G—TO THE -POLICE DEPARTMENT., AS SURPLUS THE /PROPERTYTHESE CARS BY AU HORIZING SALE i SEALED BIDS, •5-7 Com nThomas•Motion declaring -les as • Douglas seconded the motion, Mot -ion carried, Property and authorizing the sale of them bv sealed bids. Councilman VETERANS f Mayor Chapman read the proclamation as follows: PROCLAMATION IN RECOGNITION OF THE VIET NAM VETERANS Councilman Rubin requested that everyone stand, and have one minute of silent prayer for those men who served in the Viet Nam war. Mayor Chapman asked that Councilman.Thomas' brother and Coach Elijah Robinson be included in this special time of prayer. AGENDA ITEM #XII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COCiNCIL. Administrative AU -ant reminded the Council of the different meetings to be held in the month of September concerning the budget. Administ 4liY Assist -an Fortner stated that the Council had previously authorized the purchasing of a gift for long time City employees. Since that time, it has been determined that it is not legal to use public funds to purchase gifts for individuals. He then requested the Council consider adopting an ordinance establishing a policy that would set out longevity service awards for City employees. After discussion, Council agreed for the Attorney and Administrative Assistant to draw up an ordinance for Council's consideration. —• ,6J,+11QII iiiwucts cjue5LloneO the .S Porter's Dry Cleaners and Jack Butler. Enforcement Officer was taking care of stated that in his original letter written to remove the dumpster that was blocking agreement, Mr. Porter was given 30 days t< concrete. Attorney Bryant stated that he representing Mr. Porter and Mr. Butler. explained that the Code Enforcement Offic time, due to the fact that he was not sure the 7 day notice given by the Attorney, c original agreement. Mayor Chapman stated t the Code Enforcement Officer from this po Code Enforcement Officer handle the situat that the dumpster is removed from the al: gone. tatus of the situation between Mayor Chapman stated the Code the situation. Attorney Bryant to Mr. Porter he was given 7 days the alley, but in the original vacate the alley was applied to has been contacted by attorneys Administrative Assistant Fortner �r has not done anything at this of which amount of days applied, r the 30 day notice given in the he situation was being handled by int on. Council agreed that the ion from this point on in seeing ey since the 7 days are already 379"7 R�ac yP-- / Councilman Rubin stated there was going to be a public hearing in Jacksonville concerning the Grants (Madray Homes) which he was going to be attending. Administrative Assistant Fortner stated that he would go and represent the City if the public hearings were required. Council agreed. Councilman Rubin made a motion that the City go out of town to hire a qualified appraiser to give the City an appraisal on the City's 154 acres. Mayor Chapman asked if there was a second to the motion. Motion died for the lack of a second. Councilman Rubin submitted to the local newspaper reporter a letter written to him from 11 year old Sandy Abraham concerning the City's recent homicide cases. AGENDA ITEM #XIV - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 4:20 P.M. MAYOR OAKLAND R. HAPMAN ATTEST: � �- - , ,, - A,., dtI BONNIE S. THOMAS, CITY CLERK