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1985-11-21 Recessed Meeting3835 85 -32 85 -22 ZE.CLUELLIZEIM TUESDAY. NOVEMBER 21. 1985 The City Council of the City of Okeechobee, met in recessed session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 7:00 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 AGENDA ITEd tI - CALF TO ORDER The meeting was called to order by Chairman - Mayor Oakland R. Chapman. AGENDA ITEMS #II & IIi - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Councilman Edward W. Douglas, followed by the Pledge of Allegiance. AGENDA ITEM #IV - PUBLIC HEARING AND FINAL RULING ON REZONING PETITION NO. Q91 -R. FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL The public hearing and final ruling was held on rezoning petition no. 091 -R, from Residential Single Family to Commercial. After discussion by citizens for and against the rezoning, a petition was presented to the Council by citizens of the neighborhood against the rezoning as follows: COPY OF PETITION ON NEXT PAGE The Council expressed its concerns for the orderly and progressive growth of the City and the necessity it felt to rezone the lots as requested as they are contiguious to lots which are already zoned commercial and the two lots in question were directly behind those already zoned commercial. Council also discussed the need for a "buffer" to be constructed by the developer to protect those residents that will be affected by the proposed shopping area. City Attorney Bryant explained that the City could not require the buffer be built. Attorney John Cassels representing Channel Properties the requestee of the rezoning, stated after conferring, that they would agree to enter into a binding contract agreement to put a "buffer" in the area as discussed. Also, since the developers would be binding themselves to the buffer, they would like to ask that the alley be closed because that's where the developer would want to put the buffer. Mayor Chapman announced it was time to take action on the agenda item of rezoning per #091 -R. Councilman Douglas stated, "Contingent upon the owners of the property placing a buffer between the properties that would be complimentary to the area, to protect the residents, I make a motion to rezone the property as requested from Residential Single Family to Commercial." The motion was seconded by Councilman Collins. Vote on motion was as follows: Collins yes, Douglas yes, Rubin yes, Thomas yes. Motion carried. Councilman Douglas stated further that unless the buffer was satisfactory he would have to withdraw his vote. AGENDA ITEM #V - ACTION. BY THE COUNCIL, ON A REQUEST TO CLOSE THE ALLEY IN BLOCK 41. BETWEEN HWY. 441 SOuH AND SECONp AVENUE S.W. AND BETWEEN 20TH AND 21ST STREETS S.W. 3836 \■ in S5 ze) d„,,e -elc& ,&tei iwtti4f f 4 14% ‘24el G171/V )64t.G;de4/-G44Z .24) yeker"-t-5 Ge-4e4,-/Lz /21,-GEed?"__) .■/2!-G>rz-e !APPLi in) . /(14, /L/9 85 -11-"-149 gAolg—c-e gAdel..-z--- kaz )1 1511 5ui 2 fi,e • 2- . A740,e6., 331/44-7( 2o3 .51/1 ')Iss.7L 33'91V 2o3 —ru; t'71,1/ 33 510 41 $, 441 cV/-4412$ 0/ ...W. ..2jet dj 02,Foit ›h. #67 " _>1 (t) /-1_>ZY/ / Ve,o 2 5 h) 7(); e -2T/kJ Joo,1 PCOVIAj.4 AWE- • S14- c)„-•-•-• f\vE , Fef S lxf 7-1 - 4ge."-‘41-e.' gr-0712.24,t-e-4-" _SLCI 42 /ggy <Stet A4,441: ? e z- ,C2 .2) S a/0e, c.2 O'S 5 T I TE 3837 Action by the 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 S.W. Motion was made by Councilman Douglas to close to alley as requested hannel Properties and Mrs. Tby Cmotion was se onded by Councilmant, after City checks out utility use. City Attorney Jerry Bryant explai ed.to those policy on closing alleys includes a present the City's the closing must pay the expenses involved provision f documentation, ( aperwork) , of approximately $100. to $150. . (paperwork), Attorney John Cassels representing Channel Properties stated that they would pay the total expense of closing the alley both for them and Mrs. Conely. Vote on the motion: Douglas yes, Rubin yes, Thomas yes, Collins yes. Motion carried. City Attorney Bryant reiterated that Attorney Cassels has agreed to put a contingency upon the rezoning of Agenda Item #IV #091 -R, and Channel Properties will put in the requested buffer. Attorney Cassels stated further that even though we realize you can't a rezoning contingent upon a metter, we (Channel Properties) tagreento build the buffer as the City tequests through the City Attorney's office by y Appearance of Trudy Kogut and Jack Hanes of Madray Enterprises, to discuss filing an application for a federal grant. Mr. Pat Patterson was introduced to those by the representatives, and was asked to discuss proposals withethe Coun il.Madray Mr. Patterson briefly recapped for the Council the grant regulations and statedd the deadlines for preparing grant applications stating the first one a CDBG for $650,000. must be filed in Tallahassee by December 23rd. Patterson further stated that if the City wanted to for the first grant with the deadline being December 23, "We haveuourlwork cut out for us ", but the City's chances are about 50/50 and it is possible if we can get all the survey information from the committee task force, appoint two or three people from the target area to information, hold the necessary two public hearings after proper advertising, we could do it. proper Councilman Dougals stated that he would have to abstain from any in the discussion concerning the City obtaining the CDBG rant since he was a member of the advisory board for CDRG's. g t Further discussion ensued concerning the City's position as far as being able to obtain the $650,000. Upon motion of Councilman Rubin to authorize Mr. Patterson to start the application for the grant, Councilman Collins seconded the motion and Council agreed with the following vote: Collins yes, Rubin yes, Thomas Motion carried. yes, Douglas abstained as stated above. Mr. Patterson agreed to being work immediatley with the offices of Adm. Asst. Davis and City Clerk Thomas. in ZAYTI TRUCKING C.,...... .� ,iir[,lVx U Appearance of Mr. Jim Zayti to discuss non - payment to Zayti Trucking by the City. in g After discussion by City Officials and representatives from Zayti Trucking, Motion was made by Councilman Rubin to y streets his company has finished. Motion was seconded Zayti for man Collins. by Councilman Further discussion ensued regarding the plans drawn by the engineer and specifications drawn up by the City and whether they were used and how they were used in the paving program in question. Councilman Thomas asked Director of Public Utilities Fortner wheth the roads were built the way the plans were drawn. er Director Fortner stated no they were not all together but that if there was a problem with the plans, it's not the engineer but "us ". He stated that the DOT specs (cities) are different from those used in the current manual used by Zayti and proceeded to read excerpts from the manual to indicate the difference. Councilman Thomas stated to the contractor that the specs as well as the plans were his responsibility. r 3838 - 1 5 Contractor Zayti said there was not any elevations marked on the plans and proceeded to varify his statement by sowing Councilmembers his set of plans. Councilman Thomas asked Zayti if he, as the contractor, was satisfied with the paving job. Contractor Zayti stated no, it is a terrible job, but I did it according to the plans. Councilmembers continued to discuss the quality of the paving job and Councilman Collins stated Zayti should be paid for work inspected and Okayed, the City needs to pay for those things completed. Mayor Chapman reminded Council of the pending motion. Councilman Collins suggested that Adm. Asst. Davis and Zayti get together and work out a solution regarding the work on 15th Street. Also, for the contractor to test the asphalt form the plant (as precautionary measure). Councilman Thomas reaffirmed to Zayti that he must go by the book - its a contractors responsibility even if the State or the City doesn't test the paving.. City Attorney Bryant cautioned the City about paying the contractor and stated that if you've got questions about the job you shouldn't pay the contractor across the board. Councilman Thomas stated, "I can not justify not paying this man ( Zayti) after looking at these plans ". Attorney Bryant said, "No one has talked to the engineer nor asked him about any of this." Councilman Collins stated, "Mr. Chairman, I withdraw my second to the motion to pay." Chairman then called for another second. Councilman Thomas seconded the motion for further discussion. Thomas asked Zayti, "What do you want to do to straighten this out ?" Zayti responded that he couldn't. Councilman Thomas withdrew his second to the motion. Motion was then made by Councilman Collins that the City pay Mr. Zayti for any streets that are finished and satisfactory to the City, i.e., any completed streets. Motion seconded by Councilman Thomas. Vote: Collins yes, Thomas yes, Douglas yes, Rubin yes. Motion carried. At this time Asst. Director of Public Utilities, Steve Figley questioned the Council as to what the criteria was for the City forces to go by (in determining the consistancy of the asphalt) 5.5? Mayor Chapman suggested perhaps the City should hire a professional inspector for these streets. Councilman Collins stated the DOT says 5.5 is normal - 4.9 to 5.5 is normal. Adm. Asst. Davis stated that the Designing Engineer should do the inspections. Councilman Rubin stated the engineer should stand behind his plans. Asst. Director Figley stated the different asphalt consistencys in the paving job presented for payment are: 5.5, 5.2, 3.7 and one of which results were lost. Figley then asked the council whether to submit the entire payment request to someone else to settle what should be paid? Attorney Bryant stated the 3.7 doesn't pass. Councilman Thomas stated, "Don't pay the 3.7 but pay the 5.5 and the 5.7 ". Councilman Collins said, "Pay 5th Street ". Adm. Asst. Davis asked Zayti, "Why does your test vary from 3.7 to 5.5 ". Zayti responded he did not know., Adm. Asst. Davis stated he felt the poor job of paving did not lie fully on the contractor, but that it appears other circumstances involving the engineering plans and the City forces could also be at fault and he recommended the City pay Zayti for everything. Mayor Chapman then asked the Council if they agreed with Mr. Davis' recommendation to pay Zayti for all streets paved to date. Council responded agreeably. Councilman Thomas stipulated to the contractor to make sure he checked with our Road Superintendent. Zayti stated, "O.K. and I will also get with Mr. Davis ". AGENDA ITEM *VIII - _FINAL READING AND PUBLIC HEARING OF AN ORDINANCE TO EXTEND FE ERAL OLD AGE AND SURVIVOR BENEFITS TO CITY EMPLOYEES WHO WERE FREVIOULy EXTJ DED Final reading and public hearing of an ordinance to extend Federal Old Age and Survivor Benefits to City employees who were previously excluded. Motion was made by Councilman Collins to read the ordinance by title only. Councilman Douglas seconded the motion. Motion carried. Attorney Bryant read the ordinance title as follows: 3839 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. Motion was made by Councilman Douglas to adopt the ordinance. Councilman Collins seconded the motion. Vote: Collins yes, Thomas yes, Douglas yes, Rubin yes. Motion carried. AGENDA ITEM #IX - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL No one addressed the Council at this time. AGENDA ITEM #X - MAYOR TO CALL ON THE CITY CLERK. ADMINISTRATIVE ASSISTANT. CITY ATTORNEY AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REOUESTS Mayor Chapman explailned there was a problem with surface water or rain water gathering up around some businesses around town when it rains heavily. Director Fortner responded saying he was aware of the problem and stated how the problem in some areas could solve themselves when the planned "berms" were put in by the businesses. (The plants in the berm will take up the water in some instances). With no futher business the Mayor then adjourned the meeting at 10:30 P.M. MAYOR OAKLAND R. HAPMAN ATTEST: BONNIE S. THOMAS, 'CMC CITY CLERK AGENDA CITY OF OKEECHOBEE CITY COUNCIL MEETING November 21, 1985 - 7:00 p.m. (Continuation of recessed meeting of November 19, 1985). 1. Call to order. Invocation offered by Dr. Edward Douglas. Pledge of Allegiance led by Mayor Oakland Chapman. IV. Public hearing and final ruling on rezoning petition No. 091-R, from Residential Single Family to Commercial. V. Action, by the 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. VI. Appearance of Trudy Kogut and Jack Hanes, of Madray Enterprises, to discuss filing an application for a federal grant. VII. Appearance of Mr. Jim Zayti to discuss non-payment to Zayti Trucking Company. VIII. Final reading and public hearing of an ordinance to extend Federal Old Age and Survivor Benefits to city employees who were previously excluded. IX. Mayor to call on anyone in the audience wishing to address the Council. X. 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