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1985-11-19 Regular Meeting3830 PADnITRAM The City Council of the City of Okeechobee, met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 2:00 P.M. with the following Councilmembers present: Mayor Oakland R. Chapman Vice Mayor Andy Rubin Councilman Edward Douglas, absent Councilman Oscar Thomas, absent Councilman Nick Collins Others present were: Milton Davis, Adm. Asst. Bonnie S. Thomas, City Clerk Jerry Bryant, City Attorney L.C. Fortner, Jr., Dir. of Public Utilities Steve Figley, Asst. Dir. of Public Utilities Lieut. Ronald Suit, Fire Department Captain Buck Farrenkopf,,Police Department Chuck Elders, Street Superintendent Lydia J. Wilkerson, Deputy Clerk �; u , •0 • 4 • The Invocation was offered by Steve Figley, followed by the Pledge of Allegiance. --I 85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES No minutes of previous meetings were presented. A__�ENDA 1= #Y - APPEARANCES: " a) Trudy Kogut, Jack Hanes and Pat Patterson to discuss filing an application for a federal grant. Bypassed. b) Richard Hales and Steve Porter to request street paving; alley closing. Richard Hales and Steve Porter appeared before the Council to request street paving and an alley closing. 85-22 Paving Discussion was held concerning the paving of S.W. Second Avenue behind the Brahman Theater. Director of Public Works, Chuck Elders, gave a street counter report and stated that by the next regular meeting S.W. Second Avenue (behind the Brahman Theater) would be countered. Alley Mr. Hales presented a letter to the Council stating: "I, Richard Hales owner of the Brahman Theater, respectfully request that the alley on this property be closed. The legal description of the aforesaid property is Block 29, First Addition to South Okeechobee, lots 1 to 12 inclusive". Mr. Hales stated, "The alley has not been used the past twelve years." Mayor Chapman explained the proper procedures involved that Mr. Hales would need to follow in order to have the alley closed. Attorney Bryant explained that he would draw up the necessary documents including cost to the applicant. Councilman Collins stated that he had no problem with closing the alley. Councilman Rubin expressed that he was in total agreement with closing the alley. Mr. Hales stated that he would pay the necessary costs involved in closing the alley. a) Trudy Kogut, Jack Hanes and Pat Patterson to discuss filing an application for a federal grant. Trudy Kogut and Jack Hanes representing Madray Enterprises appeared before Council to discuss filing (by the City), for a federal grant. Ms. Kogut and Mr. Hanes informed the Council of specific grants, UDAG, CDBG - State Economic Grant and the dates they will be coming available and their 3831 respective funding amounts. They asked the City what it wanted to do as far as applying for a grant. Mayor Chapman asked, "Do you want us to talk to Mr. Patterson, (a grant specialist) about getting a grant?" Ms. Kogut stated her company, as a private entity, couldn't apply for a grant. A grant has to be applied for by a governing body. The CDBG filing date is December 21, 1985. We want to know who is going to pay the fee for the filing of an application, Ms. Kogut stated. Councilman Rubin stated, "We need to go after these grants and we need to hire someone with Grants Management expertise. Mr. Patterson can do the job. This Council voted Mr. Patterson in several months ago to make a grant application, lets give him the job." Councilman Collins commented to the Madray representatives that we want to be sure they wanted this grant. Last time Mr. Patterson did a lot of foot work and when he went to see you, you dropped out because you didn't want to pay the fee of $4,500.00. Mr. Hanes stated the fee as represented to him was $22,000. instead of $4,500. and the timing was bad. Councilman Collins stated that it would be difficult to explain to the taxpayers how the City paid $22,000. for a grant for Madray. If the City get the grants it would be dkay for the City to pay the fee, but if the City doesn't get the grant - then Madray should pay the fee in his opinion. Councilman Rubin stated, "lets get the grant." Further discussion ensued relative to the cost of filing, who was going to pay, what the fee was for and what the application procedure was in Ft. Pierce when Adm. Asst. Davis was employed there. Attorney Bryant stated the City should have a signed agreement from Mr. Patterson. Mayor Chapman asked Utilities Director Fortner whether such an agreement existed and Fortner responded that there was no agreement, but that a letter had been sent requesting Patterson's assistance. Councilman Collins stated, "Mr Patterson gets paid for making application whether we get the grant or not. Normally the people you make the application for pays for the grant (filing fee). Also, one quarter of the total filing fee is to be paid "up front" - approximately $4,500. Our question is who pays for the application service. It will benefit Madray as well as the City. Mayor Chapman suggested that, before the City commits to paying the filing fee, all five Councilmen be present and this meeting should be recessed at which time a final decision can be made of this agenda item. Council agreed. c) Gerda James to discuss water service charges. Ms. Gerda James appeared before the Council to discuss excessive water charges and her water meter problems at her business location. Council agreed with Mayor Chapman's suggestion that the ordinance covering the City's water meters, etc., be re-evaluated at a later Council meeting or workshop. d) Mr. Lavon Bass to discuss zoning designation of Blocks 141 and 142 as RG-2. Mr. Bass was not present. e) J.J. Zayti Street paving contractor. Street Paving Contractor James J. Zayti of J.J. Trucking Company appeared before Council requesting payment for his services. The Council discussed with the contractor and others present who were involved in the paving project the inequities in the paving materials used in the project. Council further discussed the different responsibilities of those involved in order to work toward preventing a re-occurrance of the problems arising out of this first paving project for the City since it's takeover from the County of the City's street paving program. Council agreed to place this item on the agenda for further consideration and action at the recessed meeting to be announced. The Mayor asked that the Engineering firm of Broome, VanOstran be represented at the recessed meeting. Discussion was held by the Council concerning the location of a new post office buiding. Recent correspondence from the U.S. Postal Service 3832 indicated their "preferred area" for the site and the one selected for development is located on the southeast corner of State Road 70 (N.E. Park Street) and S.E. loth Avenue in Okeechobee. The correspondent asked for further comments from the City Council. Council agreed that a letter should be sent by Adm. Asst. Davis stating the City has not changed its mind as to its location preference being site number 4 located south of the Seaboard Coastline Railroad and north of N.W. 5th and 6th. 85-18 1 AGENDA ITEM #VII - An ordinance to prohibit off -site advertising signs was discussed by the Council and other City Officials. It. was decided upon motion by Councilman Collins, seconded by Councilman Rubin that this item be tabled until the next regularly IJ scheduled meeting of December 17th, 1985, at which time more research will have been done on such an ordinance. Vote by all present carried, by: Collins yes, Rubin yes, Chapman yes. 85-34 AGENDA ITEM #VI I1 - AUTHORIZATION OF COUNCIL TO DECLARE A NUMBER OF IT MS AS SURPLUS PROPERTY TO BE 19§ INCLUDED IN SAL BY PUB IC AUCTION NOV MBE 23 Authorization of Council to declare a backhoe, mower, 3 desks and 3 calculators as surplus property to be included in sale by public auction on November 23, 1985. Councilman Rubin agreed to be the auctioneer for the sale. Upon motion of Councilman Rubin, seconded by Councilman Collins to authorize Department heads to hold the auction, Council agreed by the following vote: Collins yes, Rubin yes, and Chapman yes. Vote by those present carried. Clerk Thomas to advertise in paper and by radio. AGENDA ITEM #IX - FINAL REApTNG AND PUBLIC HEARING OF AN ORDINANCE TO N ERAL OLD AGE AND SURVIVOR BENEFITS TO CITY EMPLOYE EXCLUDED ES pREVIOUSry Final reading and public hearing of an ordinance to extend Federal Old Age and Survisor Benefits to City employees previously excluded retroactive to the summer of 1981. Upon motion by Councilman Rubin seconded by Councilman Collins, Council agreed to have the ordinance read by title only. Vote: Collins yes, Rubin yes, Chapman yes. Vote carried. AN ORDINANCE DECLARING THE POLICY AND PURPOSE OF THE CITY OF OKEECHOBEE, FLORIDA, TO EXTEND TO THE EMPLOYEES AND OFFICIALS OF SAID CITY OF OKEECHOBEE, FLORIDA, NOT EXCLUDED BY LAW, NOR HEREINAFTER EXCEPTED, THE BENEFITS OF THE SYSTEM OF FEDERAL OLD AGE AND SURVIVORS INSURANCE, AS AUTHORIZED BY THE FEDERAL SOCIAL SECURITY ACT, AND AMENDMENTS THERETO, UPON THE BASIS OF APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS: AUTHORIZING AND DIRECTING THE MAYOR (OR OTHER CHIEF EXECUTIVE OFFICER) TO EXECUTE AGREEMENTS AND AMENDMENTS THERETO WITH THE STATE AGENCY AUTHORIZED TO ENTER INTO SUCH AGREEMENTS, FOR COVERAGE OF SAID EMPLOYEES AND OFFICIALS; PROVIDING FOR WITHHOLDINGS FROM SALARIES AND WAGES OF EMPLOYEES AND OFFICIALS OF SAID CITY SO COVERED TO BE MADE AND PAID OVER AS PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL APPROPRIATE AND PAY OVER EMPLOYER'S CONTRIBUTIONS AND ASSESSMENTS AS PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL KEEP RECORDS AND MAKE REPORTS AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. After discussion and upon motion of Councilman Collins, second by Councilman Rubin, Council decided to table action on this public hearing of the Social Security ordinance until the recessed meeting Thursday when a full Council would be present. Vote: Collins yes, Rubin yes, Chapman yes. Vote carried. Action by Council on a request to close the alley in Block 41 between Highway 441 South and Second Avenue S.W. and between 20th and 21st Streets, 3833 85-32 85-32 85-16 I i 19 -S5 S.W. This item postponed until recessed meeting of Thursday, November 22, 1985 at 7:00 P.M. • • ;�� • • • •;_ •: • • • '•�low;M • •4 ;_ Final reading and public hearing to rezone Lots 1 and 12 of Block 41, First Addition to South Okeechobee less the South 7-feet of Lot 12 from Residential Single Family to Commercial. This item postponed until recessed meeting of Thursday, November 22, 1985 at 7:00 P.M. lova Mem • ; • • • _ • ; _ y • : • . • • , Final reading and public hearing to rezone 9-1/2 acres, lying east of Taylor Creek, from holding to Residential Mobile Home with possible special exception. After discussion by Council and other City officials with Mr. Jim Baughman, developer and his attorney, Lester Jennings, concerning the rezoning request, it was agreed by Council to grant the request. Upon motion of Councilman Rubin to approve the application for rezoning 9-1/2 acres from Holding to Residential Mobile Home. Motion was seconded by Councilman Collins. Vote: Collins yes, Rubin yes, Chapman yes. Vote carried to rezone the property as stated. Mrs. Pearl Godwin, wife of Okeechobee's former Fire Chief Olan Godwin, appeared before the Council for information concerning the status of Mr. Godwin's eligibility to participate in the City's Group Health plan. At a previous meeting Mrs. Godwin had request that Mr. Godwin be added into the City's Health Insurance plan and the matter is still pending. Mrs. Godwin was asked if Olan had continued when insurance coverage when he retired and.she stated yes he did for several months, but had to drop it because of the expense. Public Utilities Director, L.C. Fortner, stated the problem is the lapse from Godwin's retirement and the time he applied for coverage by the Florida Municipal Trust. City Attorney, Jerry Bryant, explained he wanted copies of past documents showing Godwin continued coverage with the City's Health Insurer Aetna when he retired, but since he dropped it and the City doesn't have self- insurance, the law doesn't require that the City have the Municipal Trust Fund cover Mr. Godwin. Attorney Bryant suggested the Council pass a special ordinance (for retired employees) that would cover Olan Godwin with health insurance; and further asked Mrs. Godwin if she had any information that the attorney could use please bring it to him so he can try to help her. Mrs. Godwin expressed appreciation to the City official for anything they could do to help Olan Godwin obtain the coverage. Mayor Chapman asked Mrs. Godwin and the City Attorney to work together on the matter. George Tismanakis of the Okeechobee Rehab appeared before the Council about the City's plans to curtail advertising within the City. He asked that Council not have a restrictive advertising ordinance and that the Okeechobee Rehab Facility would give Council it's assurance of protection of City beautification. Councilman Collins reminded Council that this matter has been rescheduled for the meeting of December 17th. Adm. Asst. Davis will get in touch with Mr. Tismanakis as to the upcoming December agenda item after the ordinance has been advertised. REQUESTSAGENDA ITEM #XIV - MAYOR TO CALL ON THE CITY CLERK, ADMINISTRATIVE ASSISTANTX CITY AjTORjjEY- AND MEMBERS OF THE COUNCIL FQR REPORTS ANQ/QR e Clerk, Thomas presented the City's Warrant registers for approval. Upon motion of Councilman Collins, seconded by Councilman Rubin the warrant registers were approved. Vote: Collins yes, Rubin yes, Chapman yes. Vote carried. 3834 IA -Iq - ?S $ Adm. Asst. Davis asked for Council authorization to pay Attorney Lester Jennings $850.00 for services rendered by him for research done on the City's Franchise agreement with its CATV Company, Harte Hanks. Council agreed for payment of $850.00 be made to Attorney Jennings as requested. 2) Davis updated Council about South Park Street signal light and stated we have the plans and specs ready and were going to send out bids for the job and bring the results of the bidding back to Council for its approval. 3) Davis informed the Council that Burton Connors of the Exchange Club has requested the streets between the parks be closed to traffic for the craft show to be held on November 29 and 30. Council agreed. 4) Davis asked for input from Council as to its preference for the new letterhead stationery. Council discussed the various styles of stationery available. 5) Authorization to hire Jane Clair Wiliams as dispatcher in the Police Department. Council Collins explained this authorization was note needed from Council. Ms. Williams will be hired by the Police Department. Councilman Rubin stated he felt all new employees of the City should have physicals (as a prequesete to hiring). 6) Davis informed Council the Police Department wishes to purchase a copy machine as budgeted. Council approved the purchase as budgeted. 7) Holidays presented to Council for consideration by Davis were for Wednesday, December 25, Thursday, December 26 and Friday, December 27 for this year. C Lieut. Ron Suit requested Council to declare the old City Fire Department bunker gear as surplus and donate it to the Buckhead Ridge Fire Department. Upon motion by Councilman Collins, seconded by Council Rubin to declare the old Bunker gear surplus and donate it to the Buckhead Ridge Fire Department. Council agreed by the following vote. Collins yes, Rubin yes, Chapman yes. Motion carried. p Mayor Chapman recommended Council consider the City redoing memorial —' park this budget year and working on the other parks next budget year. 2) Mayor Chapman instructed Adm. Asst. Davis to research ordinance provisions in other cities concerning requirements of citizens for the clearing of overgrown lots relative to having the cost involved added to the land owners property tax statement. 3) Mayor Chapman asked about the City's progress in refurbishing the band stand in the park and was told the bids have been sent out. It was agreed this job should be accomplished by Christmas. E, Councilman Rubin explained to Council that at the upcoming Veterans meeting, planned discussion was to be on the memorial park and that a request was to be made for concrete to be poured for chairs in the memorial park for the Ladies Auxiliary among other things such as Plant City has agreed to move the plants from the first park to the desired location in the second park. Councilman Rubin stated he saw no problm with the monument park being relocated as long as the City pays the cost. 2) Councilman Rubin stated that a problem was being caused by Highway 70 East Flea Market = No parking provided and dangerous situations is being created by vehicles entering and leaving. 3) Councilman Rubin volunteered to remove the dead trees in the park if someone would provide him with a saw to do the job. f: Mayor Chapman stated the Chamber of Commerce has requested the City continue maintaining their lawn. The Mayor further recommended the City mow the lawn but wait for final decision at a later meeting when all Councilmembers were present. There being no further business to be brought before the Council at this time, Mayor Chapman recessed the meeting at 5:45 P.M. u it Thursd at 7:00 P.M. ATTEST: BONNIE S. THOMAS, CMC CITY CLERK ay � C MAYOR OA LAND R. 9fiAPMAN AGENDA CITY OF OKEECHOBEE CITY COUNCIL MEETING November 19, 1985 - 2:00 P.M. 2:00 p.m. I. Call to order. II. Invocation offered by Dr. Edward Douglas. III. Pledge of Allegiance led by Mayor Oakland Chapman. IV. Approval of the minutes of the October 1, and October 15, regular Council meetings. 2:03 p.m. V. Appearances: a. Trudy Kogut, Jack Hanes and Pat Patterson to discuss filing an application for a federal grant. b. Richard Hales and Steve Porter to request street paving; alley closing. c. Gerda James to discuss water service charges. d. Mr. Lavon Bass to discuss zoning designation of Blocks 141 and 142 as RG-2. 2:45 p.m. VI. Discussion, by Council, relative to location of new post office building. 2:50 p.m. VII. Discussion and possible action relative to an ordinance to prohibit off -site advertising signs. 3:00 p.m. VIII. Authorization of Council to declare a number of items as surplus property to be included in sale by public auction November 23, 1985. 3:05 p.m. IX. Final reading and public hearing of an ordinance to extend Federal Old Age and Survivor Benefits to city employees previously excluded. 3:10 p.m. X. Action, by Council, on a request to close the alley in Block 41 between Hwy. 441 South and Second Avenue S.W. and between 20th and 21st Streets S.W. 3:20 p.m. XI. Final reading and public hearing to rezone 9-1/2 acres, lying east of Taylor Creek, from Holding to Residential Mobile Home with possible special exception. 3:35 p.m. XII. Final reading and public hearing to rezone Lots 11 and 12 of Block 41, First Addition to South Okeechobee less the South 7-feet of Lot 12 from Residential Single Family to Commercial. 3:50 p.m. XIII. Mayor to call on anyone in the audience wishing to address the Council. XIV. Mayor to call on the City Clerk, Administrative Assistant, City Attorney and members of the Council for reports and/or requests. XV. 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