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1985-09-17 Regular Meeting3803 85-1 85-2 REGULAR MEETING The City Council of the City of Council Chambers, 55 Southeast Third P.M. with the following Councilmembers Mayor Oakland R. Chapman Vice -Mayor Andy Rubin Councilman Edward W. Douglas Councilman Oscar Thomas Councilman Nick Collins Others present were: q-VV2ff-*Ry 0:44FIX0 Irm .. Okeechobee, met in regular session in Avenue, Okeechobee, Florida at 2:00 present: L.C. Fortner, Jr., Administrative Assistant Bonnie S. Thomas, City Clerk Jerry Bryant, City Attorney Steve Figley, Acting Director of Public Utilities Chuck Elders, Street Superintendent Larry Mobley, Police Chief Keith Tomey, Fire Chief Lydia J. Wilkerson, Deputy Clerk The Invocation was offered by Acting Director of Public Utilities, followed by the Pledge of Allegiance. Mayor Chapman asked if there were any additions or deletions to the minutes of the City/County Fire Department merger workshops of August 5th and 26th and the Regular Meeting of August 6, 1985. There being no additions or deletions, the minutes were approved as presented. Mayor Chapman presented a certificate of appreciation to employee Chris Hill for Five years service as an employee of the Water Department. Police Chief Mobley presented Yvonne Chapman with a certification of appreciation for 10 years service as a school -crossing guard. a) Mr. Jack Hanes and Mrs. Trudy Kogut of Madray Enterprises, Inc., to discuss the possibility of filing an application for a UDAG grant sometime in the near future. Mr. Hanes explained to the Council the reasons they were not able to meet the required deadlines for the grants the City were obtaining for Madray Enterprises. He stated they would like to re -apply for the grants in the future. Council members discussed the grants briefly and agreed for the paperwork to begin as soon as possible to make sure the deadlines for Phase II would met. b) Mr. Allen Markham to request consideration of the Council to pave Northeast 2nd Street, between 5th and 6th Avenues. Mr. Markham stated the Council had in the past agreed that this portion be put-on the paving list, but this was two years ago, and the road is still not paved. Council discussed the request -and agreed that the City would pave this portion of the street if the,funds were available. Mr. Markham thanked the Council for their decision. BLOCKAGENDA ITEM Vil - FINAL READING -AND PUBLIC HEARING OF AN ORDINANCE CLOSING THE ALLEY IN 90 Councilman Collins made a motion that the ordinance be read by title only. Councilmen Thomas and Douglas seconded the motion. Motion carried. Mayor Chapman read the title as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCK NINETY (90) OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. i� �15 Councilman Douglas made a motion that the ordinance be adopted. Councilman Collins seconded the motion. Motion carried. 85-22 AGENDA ITEM VIII - FINAL READING AND PUBLIC HEARING OF AN ORDINANCE CLOS NC THE STREET AND ALLEY OF BLOCK 53 - RANCH FERTILIZER. Councilman Douglas made a motion that the ordinance be read by title only. Councilman Rubin seconded the motion. Motion carried. Mayor Chapman read the ordinance title as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING, ABANDONING AND CLOSING THAT ALLEY LOCATED IN BLOCK FIFTY-THREE (53) OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING, ABANDONING AND CLOSING THAT PORTION OF NORTHEAST SIXTH (6TH) AVENUE NORTH OF NORTHEAST SEVENTH (7TH) STREET AND BETWEEN BLOCKS FIFTY- TWO (52) AND FIFTY-THREE (53) OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. Councilman Rubin made a motion that the ordinance be adopted. Councilmen Douglas and Collins seconded the motion. Motion carried. 85-21 AGENDA ITEM IX - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, AMENDING CHAPTER 18, ARTICLE II CREATING SECTION 18-37 RELATING TO BACKFLOW PREVENTION DEVICES, Administrative Assistant Fortner explained to the Council that the Department of Environmental Regulations have requested that the City adopt an ordinance relating to devices which detect contamination. The customers would pay for the backflow prevention device. The City would make regular inspections on the device. Councilman Rubin stated that he was opposed to the backflow prevention devices when this was not mandated. Administrative Assistant Fortner and Director Figley explained that the City is under mandate with the Florida Administrative Code. Councilman Rubin stated that more research was needed on this before any action was taken on the adoption of an ordinance. Attorney Bryant explained the letter from DER stated the City had 60 days to take care of the situation. Councilman Douglas made a motion that the ordinance be tabled at this time, to allow the Attorney time to get more information for Council on the backflow prevention devices. Councilman Rubin seconded the motion. Motion carried. mayor Chapman explained that Paul Fisher, Manager of Harte Hanks, -had a death in his family and would not be able to attend the meeting but Danny McCrory was present to discuss any questions the Council might have concerning the franchise agreement. Administrative Assistant Fortner explained a few details- of the franchise agreement to the Council. Councilman Rubin stated he was opposed to to 15 year agreement. Attorney Bryant asked the Council to hire another attorney to handle the Harte Hanks franchise agreement, due to the fact that he represented Harte Hanks with the County's franchise agreement. After further discussion by the Council, Councilman Collins made a motion' that the City table the franchise agreement until the City had time to hire another attorney to represent the City. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin opposed the motion. Motion carried. Councilman Douglas made a motion that the City contact Attorney Lester Jennings and request him to represent the City in the Cable Franchise Agreement. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin opposed the motion. Motion carried. AGENDA ITEM XI - DISCUSSION AND ACTION BY THE COUNCIL TO APPROVE AN AGREEMENT WITH JAMES M. MONTGOMERY CONSULTING ENGINEERS Administrative Assistant Fortner explained the results of the 3805 negotiating committee's findings concerning the hiring of an engineer to complete the studies at the water plant concerning the removal of THMs. After discussion, Councilman Douglas made a motion to approve the second portion of the contract in the amount of $7,000. Councilman Collins seconded the motion. Motion carried. (Councilman Rubin left the Council chambers at 2:56 therefore he was I not included in the vote) E•' •. U gel a MIMS Administrative Assistant Fortner explained that authorization was needed for the Mayor and Clerk's signatures on an easement agreement between the Board of Trustees of Internal Improvement Trust Fund and Florida Power and Light. Councilman Douglas made a motion to authorize the Mayor and Clerk to sign the easement agreement. Councilman Thomas seonded the motion. notion carried. mn: y i • • • i • _' • • p •' Councilman Douglas made a motion to adopt the resolution. Councilman Thomas seconded the motion. Motion carried. Mayor Chapman read the resolution as follows: WHEREAS, the City of Okeechobee has a need to improve its sanitary sewer system, and; WHEREAS, the Farmers Home Administration has indicated funds are available for assistance in this regard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee, Florida as follows: 1. The Mayor is hereby authorized to execute the necessary papers relative to filing this application, including Farmers Home Administration Forms 400-1 Equal Opportunity Agreement; 400-4 Assurance Agreement and 1942-31 Water and Sewer Grant Agreement. 2. This resolution shall take effect as provided by law. Introduced and adopted in regular session assembled this 17th day of September, 1985. 85-32 AGENDA ITEM XV - ACTION BY THE COUNCIL TO APPROVE, OR D Nv THE_ R ZONING OF LOTS 11 & 12 (CORNER OF SOUTH A ROTT AV NUE AND-S.W. 21ST STREET-) FROM ESE TO COMM. Attorney Cassels representing Channel Properties, addressed Council and explaining that the County Zoning and Planning Board voted against the rezoning request was because they did not know how the City Council felt about the rezoning of the property and since it was located within the City limits they felt the decision should be left up to the City Council. After further discussion by the Council, Councilman Thomas made a motion that the rezoning request be approved. Councilman Rubin seconded the motion. Motion carried. MEETING RECESSED 3:14 P.M. MEETING RE -CONVENED 3:25 P.M. Councilman Rubin did not return to the Council meeting. r AGENDA -ITEM XVT ACTION BY TH-F COUNCTT--- To AWARD -THE BTn FOR REFURBISHING FIRE TRUCK ok Fire Chief Tomey explained that only one bid was submitted at this time. If the Council wished to reject all bids received, he would request bids again in the next year's budget, and budget $10,000. in this year's budget. Council agreed, therefore, Councilman Douglas made a motion to reject all bids received for the refurbishing of Fire Truck No. 4 at this time, and allocate $10,000. in the 1985-86 budget. Councilman Thomas seconded the motion. Motion carried. 85-27 I AGENDA ITEM XVIII - DISCUSSION AND ACTION BY THE COUNCIL ON A REQUEST MAD BY THE COUNTY ATTn RNFV Tr) GTS TITLE ar r Councilmembers discussed the request for all fees to be waived for the new jail facility. Administrative Assistant Fortner stated the total amount would be approximately $38000. The Bond ordinance would have to be amended due to the No Free Service clause. Council discussed the request. After discussion, Councilman Collins rmce a motion to reject the request made by the County Attorney to waive fees for water/sewer connection. Councilman Douglas seconded the motion. Motion carried. Mr. Ed Ellsworth addressed Council and permission for the National Exchange Club to use the park to raise funds for the prevention of Child A use. Council granted permission for the Exchange Club Mayor Chapman requested Administrative Assistant the restrictions for the park for future use. to use the park. Fortner make a list of AGENDA ITEM XIX - MAYOR TO CALL ON ANYONE IN THE AUDIENC WISHING TO ADDRESS THE COUNCIL — Mayor Chapman asked if there were anyone in the audience wishing to address the Council. There was no response. A.(1) Administrative Assistant Fortner asked if any members of the Council wished to go to the Florida League of Cities convention to be held October 10, 11, and 12, and if so, please let him know as soon as possible. 85-8 6 (1) Clerk Thomas presented the warrant registers for Council's approval. Councilman Collins made a motion that the warrant registers be approved as presented. Councilman Douglas seconded the motion. Motion carried. General Fund W/S Fund F.R.S. C.P.F. 138,969.67 7,090.20 17,788.00 321,290.08 e)(2) Clerk Thomas discussed with the Council the possibility of her office using one of the old police department cars, which has been declared surplus, for daily banking. Councilmembers agreed that the Clerk's office could have one of the vehicles to use on a one year trial basis. ,B (3) Clerk Thomas explained to the Council that the minutes should reflect that the Council adopted Mr. Kessee's pay plan revisions and adjustments. Council agreed that this information be inserted in the minutes. %}�2) Administrative ASS1Gtant Fortner explained that Rucker Wilcox was intending to present the Council with a petition for voluntary annexation, and he was concerned about the type of road surface to be used. After a lengthy discussion by Council, Councilman Thomas made a motion to allow the change from 1/4 " asphalt to triple surface, for the paving of the streets. Councilman Collins seconded the motion. Motion carried. 85-29 A(3) Administrative. Assistant Fortner request that Council approve a pay request for Widell and Associates in the amount of $248,632.07, contingent upon approval by the Farmers Home Administration. Councilman Collins made the motion to approve the payment request in the amount of $248,632.07, pending FmHA's approval. Councilman Douglas seconded the motion. Motion carried. ., 4 3807 f 85-29 A(A) Administrative Assistant Fortner stated Council's approval wasneeded on a pay request for Taddie Construction in the amount of $86,802.58, pending -the approval of Farmers Home Administration. After a lengthy discussion on the job performance of Taddie Construction Company, and on the engineer's recommendation, Councilman Collins made a motion that the Council approve the pay request pending FmHA's approval. Councilman Douglas seconded the motion. Motion carried. C (t) Mayor Chapman explained a problem on S.W. 5th Avenue and 9th Street, where a van is blocking the view of traffic. He asked that No -Parking signs be installed to help correct the problem. (L lz) Mayor Chapman stated that he had spoken with Mrs. Porter and she said they would have the dumpster moved out of the alley so Mr. & Mrs. Butler could have access to use the alley. Council agreed that No -Parking sign by installed in the alley. Administrative Assistant Fortner was requested to write both Mr. Porter and Mr. Butler explaining the Council's plans. C (-�) Mayor Chapman stated that Col. Hamrick was concerned about the advertising on the benches in the first park. Council discussed the situation stating the Chamber owned the benches which have the advertisements. Chief Tomey stated that members of the Chamber of Commerce told him the Council in 1971 gave Mr. Jim Lashley permission for the Chamber to be allowed to advertise on the benches which they owned. Administrative Assistant Fortner stated he was presently trying to locate this information for the Council. Mayor Chapman asked Administrative Assistant Fortner to send Col. Hamrick a letter explaining the situation was being taken care of. 85-21 C (�) Mayor Chapman stated the Council had previously appointed Police Captain, Buck Farrenkopf, to the position of Code Enforcement Officer, but since that time, Captain Farrenkopf had found out that he cannot devote the required amount of time to the position due to his responsibilities in the Police Department. Mayor Chapman asked if the Council would have any objections to Fire Chief, Keith Tomey, being appointed to this position, using Captain Farrenkopf as an assistant. Council agreed. jj (i) Mrs_ Pearl Godwin addressed the Council concerning the new State law in which the government agencies must povide health insurance coverage for those employees who have retired. She stated that her husband, Olan Godwin retired Fire Chief, had been denied health insurance coverage by Florida Municipal Health & Trust (the City's present health insurance carrier). She explained that her attorney had contacted Attorney Bryant concerning the insurance coverage but did not receive a reply from him. Attorney Bryant apologized for the delay in responding to Mrs. Godwin's attorney, and then requested that Mrs. Godwin submit to him the copy of the letter that was supposed to have been enclosed with her attorney's letter to him so he would be able to research the situation. Mrs. Godwin agreed to submit the letters. E 6) Mr. Bob Phillips addressed the Council questioning the Council's decision on the rezoning request of the property on South Parrott Avenue. Council informed Mr. Phillips the rezoning request was approved. Mr. Phillips explained that the County Planning & Zoning Board had a petition presented to them of those people opposed to the rezoning and asked why the Council still approved the rezoning knowing there were citizens opposed. i Mr. Phillips also stated they were not informed of the City Council's meetings being changed to 2:00 in the afternoon, if they would have known they would have been present at the meeting earlier. Council members did not receive a copy of the petition from the County Planning and Zoning Board. After Councilmembers read the advertisement for the public hearing they discovered the advertisement did not state what time the rezoning request would be heard before the City Council. Attorney Bryant requested permission by the Council for him to contact the County concerning a possible re -course of the rezoning request. Council agreed. A (5)Administrative Assistant Fortner informed the Council of the Bond Closing to be held Thursday, September 26th at 11:00 A.M. F.(i) Councilman Douglas introduced Don Jenson, the new reporter from the Okeechobee News to Council. i There being no further business to discuss, the meeting was adjourned at 5:32 P.M. -� MAYOR OAKLAND R. C ATTEST: BONNIE S. THOMAS, CMC CITY CLERK 5