1986-01-21 Regular Meeting 3853
REGULAR MEETING TUESDAY, JANUARY 21. 1986
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 Nick Collins
Councilman Oscar Thomas
Others present were:
Bonnie S. Thomas, City Clerk
Milton Davis, Administrative Assistant
Jerry Bryant, City Attorney
L.C.Fortner, Jr., Public Utilities Director
Larry Mobley, Police Chief
Keith Tomey, Fire Chief
Chuck Elders, Director of Public Works
Lydia Jean Wilkerson, Deputy Clerk
Sylvia Firestine, Adm. Secretary
AGENDA ITEM ~II AND III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by Asst. Director of Public Utilities
Steve Figley, followed by the Pledge of Allegiance.
86-1 AGENDA ITEM ~IV - APPROVAL OF THE MINUTES
Mayor Chapman asked if there were any additions or deletions to the
minutes of the Regular meeting of January 7, 1986. There being no addi-
tions or deletions the minutes were approved as presented.
86-9 AGENDA ITEM ~V - APPEARANCES
a. Mr. Jim Broome with a report on the wastewater treatment Drogects
Engineer Broome addressed the Council with a progress report on the
January 15th meeting with Taddie Construction Company. Engineer Broome
requested the Council consider having a committee set up to discuss the
various deficiencies the City would be having with the completion of the
collection system. Councilman Collins made a motion to have a committee
set up with the following members, Engineer Jim Broome, Director Fortner,
Asst. Director Figley and Adm. Asst. Davis. Councilman Thomas seconded
the motion. Mayor Chapman asked for a vote on the motion. Councilman
Collins yes, Councilman Thomas yes, Councilman Rubin no, Mayor Chapman
yes. Motion carried.
b. Mr. Moselv Collins to request sanitary service for Mr. Leo
Blair's trailer park.
Mr. Collins requested the Council approve the sewer allocation of
10,000 gallons per day for a year from now for the trailer park and also
determine a point of discharge.
Council discussed the request by Mosely Collins and at what point the
sewer plant will be in operation. Following discussion, Councilman Thomas
made a motion to approve the 10,000 gallons of sewage capacity when it
becomes available. Councilman Collins seconded the motion. Mayor Chapman
asked for a vote on the motion. Councilman Collins yes, Councilman Thomas
yes, Councilman Rubin yes. Motion carried.
$6-10 AGENDA ITEM ~VI - ACTION BY THE COUNCIL TO APPOINT MEMBERS TO THE VARIOUS
PENSION BOAP~D$ 0F TRUSTEES FOR A TWO-YEAR PERIOD.
Councilman Thomas made a motion to re-apppoint the same members to
the pension boards for a two-year term commencing January 1, 1986 through
December 31, 1987 as follows: General Fund: Johnny Bennett and L.C.
Fortner, Jr., Firemen: Keith Tomey and Randall Boyer, Policemen: Dexel
Brock and Phillip Purvis. Councilman Rubin seconded the motion. Mayor
Chapman asked for a vote on the motion. Councilman Collins yes, Council-
man Thomas yes, Councilman Rubin yes. Motion carried.
3854
JAN 2 1 1986
86-2 AGENDA ITEM ~VII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE TO
PROVIDE LONGEVITY SERVICE AWARDS TO CITY EMPLOYEES.
Councilman Collins made a motion to have the ordinance read by title
only. Councilman Thomas seconded the motion. Mayor Chapman asked for a
vote on the motion. Councilman Collins yes, Councilman Thomas yes,
Councilman Rubin yes. Motion carried.
Attorney Bryant read the title as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER TWO, ARTICLE V WHICH PROVIDES FOR PENSIONS
AND RETIREMENT OF CITY EMPLOYEES; ADDING DIVISION 3-LONGEVITY SERVICE
AWARDS; ADDING SECTION 2-97 TO PROVIDE FOR ONE-TIME MONETARY AWARDS
TO CITY EMPLOYEES FOR LONGEVITY SERVICE; PROVIDING AN EFFECTIVE DATE.
Councilman Collins made a motion to adopt the ordinance providing
longevity service awards to City employees. Councilman Thomas seconded
the motion. Mayor Chapman asked for a vote on the motion. Councilman
Collins yes, Councilman Thomas yes, Councilman Rubin yes. Motion carried.
86-5 AGENDA ITEM ~VIII - PUBLIC HEARING AND FINAL READING OF AN ORDINAN~ TO
CLOSE THE ALLEY IN BLOCK 41. FIRST ADDITION TO SOUTH OKEECHOBEE
Councilman Thomas 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. Councilman Collins yes, Councilman Thomas yes,
Councilman Rubin yes. Motion carried.
Attorney Bryant questioned Director Fortner concerning the possi-
bility of utility easements in this block. Director Fortner stated that
he did not know of any need for utilities in this area at this time, but
in the future we might need an easement for utilities - then we might have
a problem. Attorney Bryant asked the Council if they felt we should get
an utility easement from the property owners before the alley was closed.
Council agreed that the City needed an utility easement.
Attorney Bryant requested the Council set this agenda item aside for
now so he could contact the property owner's attorney concerning the
utility easement. Council agreed.
AGENDA ITEM #VIII - ADOPTION OF A REOSLUTION SUPPORTING THE EXTENSION OF
THE FORT PIERCE JAI ALAI FRONTON SEASON IN ST. LUCIE COUNTY. FLORIDA TO
FIFTY ADDITIONAL DAYS
Attorney Bryant read the resolution as follows:
A RESOLUTION SUPPORTING THE EXTENSION OF THE FORT PIERCE JAI ALAI
FRONTON SEASON IN ST. LUCIE COUNTY, FLORIDA, TO FIFTY (50) ADDITIONAL
DAYS.
WHEREAS, the City Council of the City of Okeechobee, Florida, has
determined that a fifty (50) day extension of the Fort Pierce Jai Alai
season will benefit the City of Okeechobee in various ways, to wit:
A. Additional income to over One Hundred Thirty (130) Fronton
employees, some of who reside and/or do business in the City of Okee-
chobee.
B. Additional tax revenue generated for the State of Florida, some
of which inures to the benefit of the City of Okeechobee and its resi-
dents.
C. Additional income for local businesses arising from the tourists
travelling to and from the Fort Pierce Fronton.
D. Additional entertainment and recreation for the residents of the
City of Okeechobee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Okeechobee, Florida, as follows:
1. The Council hereby supports the extension of the Fort Pierce Jai
Alai Fronton season by an additional fifty (50) days in St. Lucie County.
2. The Council urges the State of Florida to take the necessary
steps to grant the fifty day extension of the Fort Pierce Jai Alai Fronton
season.
PASSED AND ADOPTED in session held this 21st day of January, 1986.
Councilman Rubin made a motion to adopt the resolution. Councilman
Thomas seconded the motion. Mayor Chapman asked for a vote on the
motion. Councilman Collins no, Councilman Thomas yes, Councilman Rubin
yes. Mayor Chapman yes. Motion carried.
3855
JAN 2 ! 986
AGENDA ITEM #X - ADOPTION OF A RESOLUTION ESTABLISHING ROBERT'S RULES OF
ORDER AS THE OFFICIAL RULES GOVERNING CITY COUNCIL MEETING PROCEEDING~
Attorney Bryant read the resolution in it's entirety as follows:
A RESOLUTION ADOPTING ROBERTS RULES OR ORDER REVISED, 1915, AS RULES
OF PROCEDURE FOR CONDUCT OF MEETINGS AND PROCEEDINGS OF THE CITY
COUNCIL AND COMMITTEES.
WHEREAS, it is in the best interest of the City to conduct meetings
and proceedings of the City Council and committees thereof in an orderly,
efficient manner, and
WHEREAS, the City Council has determined that ROBERTS RULES OF ORDER
has been accepted throughout the United States as the standard authority
on parliamentary law and procedure and meets the immediate needs of this
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Okeechobee, Florida as follows:
1. THAT ROBERTS RULES OF ORDER REVISED, 1915, is hereby accepted as
the official rules of procedure for conduct of meetings and proceedings of
the City Council and all committees of the City Council.
PASSED AND ADOPTED in session held this 21st day of January, 1986.
Councilman Thomas made a motion to adopt the resolution. Councilman
Rubin seconded the motion. Mayor Chapman asked for a vote on the motion.
Councilman Collins yes, Councilman Thomas yes, Councilman Rubin yes
Motion carried. ·
86-9
AGENDA ITEM #XI - ACTION BY THE COUNCIL TO AUTHORIZE THE COMMITTEE COM-
POSED OF L.C. FORTNER. STEVE FIGLEY AND MILTON DAVIS TO BEGIN NEGOTIATION~
WITH THE ENGINEERING FIRM OF FIRST PREFERENCE TO EXPAND THE WASTEWATER
TREATMENT PLANT AND SPRAY IRRIGATION FIELD.
Councilman Thomas made a motion authorizing the committee composed of
L.C. Fortner, Steve Figley and Milton Davis to begin negotiations with the
engineering firm of first preference being Broome, Van Ostran and Asso-
ciates on the expansion of the wastewater treatment plant and spray
irrigation field. Councilman Collins seconded the motion. Mayor Chapman
asked for a vote on the motion. Councilman Collins yes, Councilman Thomas
yes, Councilman Rubin no. Mayor Chapman yes. Motion carried.
Director Fortner asked the Council if they wished to re-apply to the
Department of Resources and Farmers Home for grant funds (55% funding) to
be used for other areas of the collection system. After discussion,
Councilman Thomas made a motion that the City investigate the possibility
of receiving additional grant funds for interceptor lines connected with
the collection system as previously approved by DER; Councilman Collins
seconded the motion. Mayor Chapman asked for a vote on the motion.
Councilman Collins yes, Councilman Thomas yes, Councilman Rubin yes.
Mayor Chapman yes. Motion carried.
MEETING RECESSED AT 2~50 P.M.
MEETING RE-CONVENED AT 3:00 P.M,
86-24 AGENDA ITEM #VIII - CONT'D
Attorney Bryant stated that he had spoken with Attorney Cassels and
he indicated that his client would not be opposed to granting an easement
for the purpose of providing utilities on either one of the interior lots
or any lots in the block. Attorney Bryant asked Clerk Thomas if the
balance on the alley closing had been paid by Attorney Cassels ($70.)
Clerk Thomas answered no. Attorney Bryant suggested the following state-
ments be included in the ordinance closing the alley located in Block 41:
Section II: This ordinance shall take effect upon receipt, by the City
Clerk, of the additional alley closing fee; and upon receipt of the
agreement for an easement by all property owners effected by this alley
closing.
Councilmembers agreed to the amendments of the ordinance as suggested
by Attorney Bryant.
Councilman Rubin made a motion to adopt the ordinance as amended.
Councilman Collins seconded the motion. Mayor Chapman asked for a vote on
the motion. Councilman Collins yes, Councilman Thomas yes, Councilman
Rubin yes. Motion carried.
3856
JAN 2 1 1986
AGENDA ITEM #XII - MAYOR CHAPMAN TO CALL ON ANYONE IN THE AUDIENCE WISHING
TO ADDRESS THE COUNCIL
NO one addressed the Council at this time.
AGENDA ITEM ~XIII - MAYOR TO CALL ON CITY CLERK. CITY ATTORNEY. ADMINI-
STRATIVE ASSISTANT AND MEMBERS OF TRE COUNCIL FOR REPORTS AND/OR REOUESTS
Clerk Thomas reported that A1 Stokes from the Chamber of Commerce
asked if the 50-year lease, as approved by the City Council in December
1984, had ever been finalized. Attorney Conlon had the lease and turned
it over to Attorney Bryant. Attorney Bryant needs Council's authorization
to complete the lease.
Attorney Bryant informed the Council that the lease was with the
Chamber's attorney (Att. John Cassels). Attorney Cassels wanted to draft
some changes on the lease. Following discussion Council agreed for
Attorney Bryant to meet with Attorney Cassels concerning finalizing the
lease and report back to Council.
86-3 Administrative Assistant Davis requested the Council give the Ad-
ministrative Assistant complete authority to draft an ordinance with a
paving formula with shell asphalt per DOT specs for the paving of all City
streets. Councilman Collins made a motion to give Administrative Assis-
tant Davis the complete authority to draft an ordinance per DOT specs of a
paving formula using shell asphalt for the paving of all City streets.
Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on
the motion. Councilman Collins yes, Councilman Thomas yes, Councilman
Rubin yes. Motion carried.
Councilman Rubin commented on several status report items and then
requested that he have two additional minutes before the meeting was
adjourned to speak on another subject.
Councilman Collins made a motion to delete the position of
Vice-Mayor, since the position is not in the City Charter. Councilman
Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. -~
Councilman Collins yes, Councilman Thomas yes, Councilman Rubin no. Mayor
Chapman yes. Motion carried.
Councilman Rubin stated that he felt the Council was taking away an
office that should be researched more because they were going to have to
change a lot of things, such as the City's representative on the Central
Florida Regional Planning Council and State Comprehensive Planning Board.
Councilman R~biB questioned the memo from Director Fortner requesting
payment for comp time and vacation hours acrued during the 10 months
Fortner filled the position of Administrative Assistant, for which the
Council paid him an additional $100. per week. Councilman Rubin warned
the Council that if they did pay Director Fortner for these comp time
hours, other department heads would soon be requesting the same.
Councilman Collins stated, "I talked to L.C. about this and he told
me that it was probably just a misunderstanding between him and the
Council. We did give him a $100.00 a week raise and I took it to be
because of the additional duties that he would have to work extra time.
But he didn't take it that way. But he did indicate to me while I was
talking to him that it was just a misunderstanding and that he should pro-
bably not have mentioned the comp time, but he is, as far as I am con-
cerned, entitled to time off for his vacation and we ought to let him off
for his vacation or let him off for part of it and pay him for the rest."
Mayor Chapman, "I think there should be a memo sent around to all
department heads reminding them to keep their vacation time down".
Councilman Collins, "I think of the Department heads, just like I do
about the Council. If a department head is called out for a couple of
hours at night I don't think the City should pay department heads comp
time. I told L.C. that myself. I just think it is one of those things you
absorb when you take the position".
Mayor Chapman, "Would ya'll agree with Adm. Asst. Davis getting with
L.C. and work something up and bring it back to the Council concerning
L.C.'s vacation time."
Council agreed.
Councilm~n Rubin asked the Council if they were going to appoint someone __~
else to the CFRPC board and the State Comprehensive Planning Board. A
vote of confidence for Councilman Rubin to remain on boards was taken.
Council unanimously agreed that Councilman Rubin should still fill the two
positions. Councilman Rubin agreed to the appointments.
3857
JAN 2 1
AGENDA ITEM % XIV- ADJOURNMENT
There being no further discussion, the meeting was adjourned at 4:05
ATTEST:
CITY CLERK
I T1 ~I