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1985-10-01 Regular Meeting3811 REGULAR MEETING The City Council of the City of Council Chambers, 55 Southeast Third P.M. with the following Councilmember Mayor Oakland R. Chapman Vice -Mayor Andy Rubin Councilman Edward Douglas Councilman Oscar Thomas Councilman Nick Collins Others present were: Okeechobee, met in regular session in Avenue, Okeechobee, Florida at 2:00 s present: Bonnie S. Thomas, City Clerk L.C. Fortner, Jr., Adm. Asst. Jerry Bryant, City Attorney Larry Mobley, Police Chief Keith Tomey, Fire Chief Steve Figley, Acting Dir. of Public Ut. Chuck Elders, Director of Public Works Lydia J. Wilkerson, Deputy Clerk AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was presented by Steve Figley, Acting Director of Public Utilities, followed by the Pledge of Allegiance. 85-11 AGENDA ITEM #IV - DISCUSSION AND ACTION. BY COUNCIL. TO AP ROVE READVERTISINC THE REZONING OF LOTS 11 AND 12. BLOCK 41 NORTH SIDE OF SOUTHWEST 21ST STREET FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL- Adm. Asst. Fortner explained that the City/County Planning and Zoning Department handles the necessary advertising requirements for rezoning requests. In this instance they did not have the required 30 day notice. Therefore, the rezoning request will have to be re -advertised and brought before the Council after the advertisement requirements have been met. Council agreed that the rezoning request be re -advertised by the County Planning and Zoning Dept. and then brought to the City Council on November 5th, 1985. Attorney Bryant suggested the Council recind the previous motion to approve the rezoning request and make another motion stating the Council will re -consider the rezoning request at a later date. Councilman Thomas made a motion to recind the Council's previous action where in the rezoning request was approved. Councilman Rubin seconded the motion. Motion carried. Councilman Collins made a motion stating the County would re -advertise the rezoning request and then bring the request before the City Council on November 5th, 1985. Councilman Douglas seconded the motion. Motion carried. 85-22 I� AGENDA ITEM #V - DISCUSSION AND ACTION, BY COUNCIL TO CLOSE THE ALLEY IN BLOCK 41, SOUTH—WEST SECTION Councilmembers discussed the request to close the alley located in Block 41 wherein the owners of the property surrounding the alley have agreed that the alley be closed. Attorney Bryant suggested the Council set up a standard policy to use for alley or street closings, etc. Councilmembers agreed that the City should have a policy set up, wherein a fee would be paid to the City for processing the necessary paper work. Councilman Collins made a motion that the fee be figured up on the expense of processing the request for alley closings, etc., and have that expense passed on to those who are requesting the alley be closed. Councilman Thomas seconded the motion. Motion carried. Attorney Br ant y suggested the Council consider requesting the property owners pay a certain portion of the fees paid for the ordinance to be drafted. Councilman Collins asked if he should include this in his motion that any and all costs be paid by those requesting the alley closing. 3812 JCS- Attorney Bryant stated it should be included in the motion. Councilman Collins restated his motion that any and all expenses be paid by those who are requesting the alley/street/easement to be closed. Councilman Thomas agreed to the amendment. Mayor Chapman asked for a vote on the motion. Councilman Rubin stated he would like to discuss the matter further before he voted. Attorney Bryant stated a motion was needed to recind the motion for discussion. Councilman Collins made a motion to recind his last motion for further discussion. Councilman Thomas seconded the motion. Motion carried. Mayor Chapman stated the floor was open for discussion. Councilman Rubin stated that more research was needed before any such policy was set by the Council. Councilman Collins made another motion that for street or alley closing that comes before the Council, all expenses incurred by the City will be passed on to those requesting the alley/street to be closed. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin voted no. Councilmen Collins, Thomas, Douglas and Mayor Chapman voted yes. Motion carried. Adm. Asst. Fortner asked the Council if he should contact those property owners who are requesting the alley closing in Block 41 and inform them of the new policy which the Council has set, and if they wish to pay the required fees the first public hearing could be set for the next meeting. Councilman Thomas stated that he would like to make a motion to table the issue at this time. Mayor Chapman asked for a second on the motion. There being no second, the motion died. Attorney Bryant stated the Council should determine at what point the property owners should be requested to pay the fees for the closing. Also, the Council should have the policy in writing. Council discussed the situation and agreed that the Attorney meet with Clerk Thomas to begin setting up the policy in writing. Councilman Thomas made a motion to table the matter at this time. Councilman Collins seconded the motion. Motion carried. 85-54 AGENDA ITEM #VI - REVIEW AND DISCUSSION OF A PRO LAMATION RECOGNIZING OCTOBER 21. 1985, AS FLORIDA EMPLOYEES FITNESS DAY & AGENDA ITEM #VII - REVIEW AND DISCUSSION OF A PROCLAMATION DECLARING OCTOBER 20, THROUGH NOVEMBER 2, 1 85 AS SHRINE HOSPITAL -DAYS Councilman Douglas made a motion to authorize the Mayor to sign the proclamations for Florida Employees Fitness Day and Shrine Hospital Days. Councilman Rubin seconded the motion. Motion carried. Mayor Chapman read the proclamation declaring Florida Employees Fitness Day as follows: WHEREAS, the Florida Governor's Council on Physical Fitness and Sports and the Blue Cross/Blue Shield Company of Florida are sponsoring Florida Employee Fitness Day on Monday, October 21; and WHEREAS, the purpose of this event is to encourage Florida employers to offer exercise opportunities to their employees for a healthier, more productive work force; and WHEREAS, recent medical studies prove that regular exercise and food nutrition are basic requisites for good health, as well as excellent insurance against disease; and WHEREAS, more than 40,000 public and private sector employees are expected to participate in Florida Employee Fitness Day events being held across the State; and WHEREAS, such cooperative efforts are consistent with the Governor's Council on Physical Fitness and Sports philosophy of joint public and private sector activities to improve the quality of life for every Florida citizen; NOW, THEREFORE, I, Bob Graham, by virtue of the authority vested in me as Governor of the State of Florida, do hereby proclaim October 21, 1985, as FLORIDA EMPLOYEE FITNESS DAY and urge all employers and employees to participate in this event to dramatize the life-long benefits of healthy exercise. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capital, this 6th day of August in the year of our Lord nineteen hundred and eighty-five. Mayor Chapman read the proclamation declaring Shrine Hospital Days as follows: P ,W 3813 85-55 lD-j-�_5 WHEREAS: One of our greatest resources is our children, and WHEREAS: One of the worlds most benevolent guardians of that resource is the Shrine Hospitals for Crippled Children and Burns Institute, and WHEREAS: Twenty-one Shrine Hospitals throughout the United States, Canada and Mexico are dedicated to the great task of curing or helping afflicted children without regard to race or religion, and WHEREAS: More than 260,000 have been treated and returned to society either cured or substantially helped, where neither patients nor their parents have been required to pay for this outstanding medical care, and WHEREAS: Shriners throughout North America have raised millions of dollars to support the Shriners Hospitals and Burns Institutes to insure a brighter future for these and future generations, NOW, THEREFORE, I, Oakland R. Chapman, Mayor of the City of Okeechobee, in recognition of the outstanding and unselfish work of the many Shriners of North America do declare that October 20 through November 2, 1985 shall be known as SHRINE HOSPITAL DAYS and urge all our citizens to join me in recognizing this great service. Mayor Chapman informed the Council the City presently has 5 people involved with the Shriners. They are: Fire Chief -Keith Tomey, Fireman Bill Douglas, Police Captain-Rehmund Farrenkopf, Police Sgt.-Kelly Ammons, and Volunteer Fireman -Ricky Holt. Mayor Chapman requested that all Department Heads set up committees for the Florida Employees Fitness Day. AGENDA ITEM #VIII - 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 Attorney Bryant stated the City was required to adopt the proposed - ordinance concerning backflow prevention devices. Attorney Bryant and Adm. Asst. Fortner both suggested the Council adopt the proposed ordinance. Councilman Thomas made a motion to have the ordinance read by title only. Councilman Collins seconded the motion. Motion carried. Mayor Chapman read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II CREATING SECTION 18-37 RELATING TO WATER SERVICE BACKFLOW PREVENTION DEVICES; PROHIBITING CROSS -CONNECTIONS. PROVIDING THAT A BACKFLOW PREVENTION DEVICE MAY BE REQUIRED BY THE DIRECTOR OF UTILTIES, INSTALLED AT CONSUMER'S EXPENSE; PROVIDING FOR TERMINATION OF WATER SERVICE IF CONSUMER REFUSES TO ALLOW INSTALLATION, MAINTENANCE OR INSPECTION OF BACKFLOW PREVENTION DEVICE; PROVIDING A CONFLICTS, SEVERABILITY CLAUSE, CODIFICATION CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. After further discussion by Council, Councilman Douglas made a motion that the ordinance be set for second and final public hearing on October 15, 1985. Councilman Thomas seconded the motion. Motion carried. MEETING RECESS The meeting recessed at 3:45 P.M. MEETING RE -CONVENED The meeting reconvened at 4:00 P.M. 85-56 AGENDA ITEM #IX - DISCUSSION AND ACTION, BY COUNCIL, TO ESTABLISH STANDARD OPERATING PROCEDURES REGULATING EVALUATIONS OF EMPLOYEES: EFFECTIVE DATE OF SALARY INCREASE• DEPARTMENT HEAD EVALUATION AND DEPARTMENT HEAD SALARY INCREASE EFFECTIVE DATE Council discussed the evaluations procedures for employees, department heads and Councilmembers. I` Employees Councilman Collins made a motion for the employees to receive a 2-1/2% pay 3814 85-34 85-29 /o - / - ,5 increase on October 1, 1985, evaluation January 1, then 3 months later March 1 receive any additional raise. Councilman Douglas seconded the motion. Motion carried. Department Heads Councilman Collins made a motion that the Department Heads receive a 4% pay increase October 1 and then be evaluated like the employees by the Mayor and Administrative Assistant. Councilman Douglas seconded the motion. Motion carried. Council Councilman Thomas made a motion that the Council receive the full 7-1/2% on October 1, 1985. Councilman Rubin seconded the motion for discussion. Councilman Douglas stated that he felt the Council should be treated the same as the employees and department heads. Mayor Chapman asked for a vote on the motion. Councilmen Thomas, Rubin and Collins voted for the motion. Councilman Douglas opposed the motion. Motion carried. Councilman Thomas made a motion declaring the 1978 Ford LTD as surplus property. Councilman Douglas seconded the motion. Motion carried. Council discussed the date for the Council to review resumes and applications of those individuals interested in the position of Administrative Assistant. After discussion, Council agreed for the workshop meeting to be set for October 8, 1985 at 3:00 P.M. Clerk Thomas to advertise the workshop meeting. No one wished to address the Council at this time. REQUESTS A. i.Councilman Rubin stated that Mr. & Mrs. James M. Grear had informed him that Taddie Construction Company had run into their vehicle with a large piece of equipment. An estimate was made for the necessary repair work and submitted to Taddie Construction Company. Taddie Construction Company has turned down the estimate. The City's Engineer has been given all of the information concerning the situation. Z,Councilman Rubin commented on the first Comprehensive Planning Board meeting. The second meeting to be held Wednesday, October 2, 1985. & I,Clerk Thomas reported to the Council on the Police Department tieing into the Clerk's computer system. 2,Clerk Thomas stated the Shrine Club had requested permission to, distribute tabloids within the City limits. Council agreed. J,Clerk Thomas asked the Council to clarify what their intention was onl the Uniforms for the employees in the Clerk's office and for those secretarys in City Hall. Was it intended that the uniforms be purchased or just give a uniform allowance. After discussion by Council, it was agreed that the employees in these offices be able to choose whether they wanted the uniforms or the uniform allowance. I.Adm. Asst- Fortner reminded the Council of the County Planning and oning meeting on October 8th, at 7:30 P.M. Q.Adm. Asst. Fortner said Engineer Broome recommended the Council approve the partial pay request for Widell and Associates in the amount of 3815 10-1-� $146,937.08 contingent on Farmers Home approval. Councilman Douglas made a - motion that, the pay request be approved contingent on Farmers Home approval. Councilmen Collins and Rubin seconded the motion. Motion carried. 85-18 ), Adm. Asst. Fortner stated that DER has notified the City that we are in noncompliance concerning the amount of THM's in the City's water system, and we must begin to notify everyone connected to the system that we are in noncompliance. A news release will be sent out with everyone's water bills. DER also requires this information be on radio and television. This action will have to be taken every three months until the situation is under control. �. Attorney Bryant informed the Council that he had met with an attorney concerning M & M Const. and Taddie Construction Company as requested by Council at an earlier meeting. This attorney has been involved with litigation before where Taddie Const. was the contractor. Attorney Bryant recommended the Council ratify the previous action by the Council concerning the hiring of an attorney. The salary for this attorney would be $85. per hour for Senior Attorneys and Partners, and $75. per hour for Associates. Councilman Rubin made a motion that the City retain the Attorney recommended by Attorney Bryant to begin litigation against Taddie Construction Company. Councilman Collins seconded the motion. Motion carried. C. Councilman Collins suggested the City continue paying employees every week as they are at the present time, since the City would only be saving $300. per year, and since all of the employees did not wish to be paid every two weeks. Mayor Chapman asked th4t signs be put up at the Ball Park for "Emergency Vehicle Parking�Ot1y" so the Police Officers would have a place to park their vehicles while�patroling the area during games. .F !� Mayor Chapman asked it' there was going to be a sidewalk on S.E. loth Avenue after the road construction work was completed. Adm. Asst. Fortner said there would not be enough room for a sidewalk on S.E. loth Avenue, but it could possibly be done in the future. Z Mayor Chapman asked if a letter was sent to the DOT thanking them for the nice job they did on North Parrott Avenue. Adm. Asst. Fortner stated he had sent the letter as requested. �, Mayor Chapman asked if the "No -Parking" signs could be rearranged at the Victory Baptist Church so the signs themselves would not be blocked by vehicles parking close to them. y Mayor Chapman commented on the church directory sign being relocated in the vacant lot by the Swimming Pool. Council agreed this place would be the most appropriate place. .5, Mayor Chapman stated that the Council will discuss the Parliamentary I Procedures at the next regular meeting. A 3,Councilman Rubin asked the Director of Public Works, Chuck Elders, to see if the dead trees could be removed from the vacant lot beside the Swimming pool and the Library. Mr. Elders said he would look into having I the trees removed. There being no further business to discuss the meetin was adjourned at 6:05 P.M. OAKLAND R. CHAPM , MAYOR ATTEST: :•IE S. THOMAS, AGENDA CITY OF OKEECHOBEE CITY COUNCIL MEETING October 1, 1985 - 2:00 P.M. I. Call to order. II. Invocation offered by Steve Figley, Acting Director of Public Utilities. III. Pledge of Allegiance led by Mayor Oakland Chapman. IV. Discussion and action, by council, to approve readvertising the rezoning of lots 11 and 12, Block 41; north side of Southwest 21st Street from Residen- tial Single Family to Commercial. V. Discussion and action, by council, to close the alley in Block 41, south- west section. VI. Review and discussion of a proclamation recognizing October 21, 1985, as Florida Employees Fitness Day. VII. Review and discussion of a proclamation declaring October 20, through Nov- ember 2, 1985, as Shrine Hospital Days. VIII. 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. IX. Discussion and action, by council, to establish standard operating proce- dures regulating evaluations of employees; effective date of salary in- crease; department head evaluation and department head salary increase effec- tive date. X. Discussion, by council, relative to declaring the 1978 Ford LTD, belonging to the fire department, as surplus property; authorizing advertisement and sale by sealed bid. XI. Action, by council, to set a workshop meeting date to review resumes/applica- tions of individuals interested in the position of administrative assistant. XII. Mayor to call on anyone in the audience wishing to address council. XIII. Mayor to call on the City Clerk, Administrative Assistant, City Attorney, and members of the council for reports and/or requests. XIV. 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