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1986-03-18 Regular Meeting 357 REGULAR MEETING TUESDAY. MARCH 18, 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 Councilman 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 Reverend C.R. Kilgore, Pastore of the Okeechobee Church of God, followed by the Pledge of Allegiance. 86-1 AGENDA ITEM ~IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETINC OF MARCH 4. 19~ There were no minutes presented for Council's approval. 86-2 AGENDA ITEM ~V - MAYOR OAKLAND CHAPMAN, ON BEHALF OF THE CITY COUNCIL, WITH A PRESENTATION TO L.C. FORTNER. JR. FOR 25 YEAR~ DEDICATED SERVICE AS AN EMPLOYEE OF THE CITY OF OKEECHOBEE Mayor Chapman presented a certificate of appreciation to Director of Public Utilities, L.C. Fortner, Jr., for 25 years continuous service with the City of Okeechobee. 86-21 AGENDA ITEM ~VI - ACTION BY COUNCIL TO AUTHORIZE AN AGREEMENT WITH BROOME, VANOSTRAN AND ASSOCIATES, INC.. TO PREPARE A PLAN OF THE EXISTING WATER AND SEWER LINES AS REOUIRED BY THE DEPARTMENT OF ENVIRONMENTAL REGULATION Director Fortner requested the Council approve the agreement with Broome, Van Ostran and Associates, Inc., for the preparation of plans for the existing water and sewer lines as required by the Department of Environmental Regulation. Councilman Thomas asked Director Fortner which budget would the funds be taken out of. Director Fortner stated extra money was budgeted in the Water Plant expansion line item. Councilman Collins made a motion to approve the agreement with Broome, Van Ostran and Associates. 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. 86-2~ AGENDA ITEM ~VII - JIM BROOME WITH A REPORT CONCERNING TADDIE UNDERGROUND UTILITY COMPANY AND THE STATUS OF THE WASTEWATER COLLECTION SYSTEM Engineer Broome gave the Council a report concerning the status of the (unfinished) collection system. He then rececommended the Council end negotiations with Taddie and take whatever steps necessary to get the job done consulting legal. advisors. Mayor Chapman explained several of the complaints some the citizens were having concerning the need for sewer hookup. Council discussed the HRS ruling concerning mandatory sewer connection, and the possibility of the City refunding those funds which were paid in full for the sewer connection. 3876 ifA 1 8 1986 Councilman Collins suggested Attorney Bryant contact HRS concerning the possibility of refunding these funds to the sewer customers until such time as sewer hookup becomes available. Councilman Collins made a motion that the City proceed on --~ with litigation against Taddie. 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. Mr. Orin Lee and Mr. Norman Prahl addressed the Council requesting their sewer connection fees be refunded to them until the connection can be made. 86-15 AGENDA ITEM #VIII - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE BY CHANGING THE TITLE "DIRECTOR OF PUBLIC WORKS" TO DIRECTOR OF PUBLIC UTILITIES": PROVIDING REGULATIONS RELATIVE TO UTILITY DEPOSITS FOR COMMERCIAL ACCOUNTS Councilman Collins made a motion to have the ordinance read by title only. 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. Attorney Bryant read the ordinance title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEEv FLORIDA; AMENDING CHAPTER 18, ARTICLE I, SECTION 18-2 (B) CHANGING DIRECTOR OF PUBLIC WORKS TO DIRECTOR OF PUBLIC UTILITIES; SECTION 18-3 TO PROVIDE REGULATIONS RELATIVE TO UTILITY DEPOSITS FOR COMMERCIAL ACCOUNTS; PROVIDING AN EFFECTIVE DATE. Councilman Rubin made a motion that the ordinance be advertised and set for public hearing on April 15th, 1986. 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. _~ 86-15 AGENDA ITEM ~IX - INTRODUCTION AND FIRST READING OF AN QRDINANCE AMENDING THE ORDINANCE CODE OF THE CITY 0~' QKEECHOBEE BY CHANGING THE TITLE OF CITY ADMINISTRATOR TO ADMINISTRATIVE ASSISTANT~ CHANGING PUBLIC WORKS DEPARTMENT TO PUBLIC UTILITIES DEPARTMENT OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL Councilman Rubin 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 ordinance title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 18, ARTICLE IV, SECTION 18-51 (C), CHANGING THE TITLE OF CITY ADMINISTRATOR TO ADMINISTRATIVE ASSISTANT; SECTION 18-53, CHANGING PUBLIC WORKS DEPARTMENT TO PUBLIC UTILITIES DEPARTMENT; PROVIDING AN EFFECTIVE DATE. Councilman Collins made a motion that the ordinance be advertised and set for public hearing on April 15th, 1986. 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. AGENDA ITEM #X -INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, CHAPTER 18, ARTICLE I, SECTIONS 18-4. 18-25 AND 18-28, BY CHANGING THE TITLE "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILITIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL Councilman Rubin made a motion that the ordinance be 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. 3877 MAR 18 lgSB 'Attorney Bryant read the title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION III, CHAPTER 18, ARTICLE I, SECTION 18-4, BY CHANGING THE TERM "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILTIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL"; AMENDING SECTION 18-25 BY CHANGING THE TERM "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILTIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL"; AMENDING SECTION 18-28 BY CHANGING THE TERM "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILTIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL"; PROVIDING AN EFFECTIVE DATE. Councilman Rubin stated that he felt the ordinances should specify "Acting Director of Public Utilities" in case of an emergency the Director of Public Utilities was not available. Attorney Bryant stated the term "other designee as appointed by the City Council" means that if the Director of Public Utilities was not available then the Acting Director of Public Utilities could be appointed in Director's place. The Council would then appoint a designee if it was needed. Following further discussion concerning the language interpretation, Councilman Thomas made a motion that the ordinance be advertised and set for public hearing on April 15th, 1986. Councilman Rubin seconded the motion. Director Fortner asked for clarification concerning who would have the authority - the Director of Pubic Utilities, the Acting Director of Public Utilities or the designee as appointed by the Council. Mayor Chapman stated that the Director of Public Utilities would have the authority. Councilman Collins stated that the Director of Public Utilitites would have the authority, and if he was not available then the Assistant Director of Public Utilities would have the authority. Councilman Thomas stated that he felt the same as Councilman Collins and Mayor Chapman. Councilman Rubin stated he felt the position of Acting Director of Public Utilities should still be included in the ordinance. Mayor Chapman asked for a vote on the motion. Councilman Collins yes. Councilman Thomas yes. Councilman Rubin no. Mayor Chapman voted yes. Notion carried. AGENDA ITEM %XI-INTRODUCTION AND FIRST READING OF AN ORDINANCF AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE. CHAPTEB 18, ARTICLE I, SECTION 18-4, CHANGING THE TITLE "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILITIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL 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. Notion carried. Attorney Bryant read the title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE I, SECTION 18-4, CHANGING THE CLAUSE "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILITIES OR OTHER DESIGNEE AS PROVIDING BY THE CITY COUNCIL", PROVIDING AN EFFECTIVE DATE. Councilman Collins made a motion that the ordinance be advertised and set for public hearing on April 15th, 1986. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin asked if Acting Director of Public Utilities was going to be included in the ordinance. Attorney Bryant explained what he felt the language of the ordinance meant concerning the Director of Public Utilities or other designee as provided by the City Council. He also stated the wording of the ordinance could be changed if Council wished for it to be changed making it more clear. Councilman Thomas asked Attorney Bryant to please word the ordinance so the Director of Public Utilities would be in charge. Attorney Bryant stated it could be worded to read the Director of Public Utilities or his delegate. Councilmembers agreed that the wording be changed by the Attorney. Mayor Chapman asked for a vote on the motion advertising the ordinance for public hearing on April 15th. Councilman Collins yes. Councilman Thomas yes. Councilman Rubin yes. Notion carried. 3878 IAR 18 1986 MEETING RECESSED AT 3:20 P.M. MEETING RECONVENED AT 3:40 P.M. 86-32 AGENDA ITEM #XII - DISCUSSION AND ACTION BY THE COUNCIL TO AUTHORIZE NEGOTIATION OF A NEW AGREEMENT WITH THE OKEECHOBEE REHABILITATION FACILITY FOR MAINTENANCE OF PLANTING BEDS IN CERTAIN AREAS OF THE CITY Administrative Assistant Davis exlained the new agreement with the Rehabilitation Facilty and then asked Council if they would like to have a monthly progress report from the Rehabilitation Facility (like the Humane Society and Police Departments monthly reports). Council agreed. Councilman Thomas made a motion approving negotiations concerning the new agreement with the Rehabilation Facility. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas yes. Councilman Rubin yes, Councilman Collins yes. Motion carried. 86-5 AGENDA ITEM %XIII - DISCUSSION AND ACTION BY COUNCIL ON THE FOLLQWING ALLEY CLOSING APPLICATIONS: Application %1: Charles Farmer, Block 51, northeast section. Administrative Assistant Davis explained that all necessary requirements have been met concerning the alley closing request. Councilman Thomas made a motion that the attorney draft the necessary ordinance for the alley closing in block 51. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas yes. Councilman Collins yes. Councilman Rubin yes. Motion carried. Application %2: John E. and Joyce Watford, Blocks 112 and 113, northeast section. Council noted the Director of Public Utilities comments concerning utility easements on the application and asked Director Fortner to explain. Director Fortner explained that Mr. Watford presently has a building over the 6 inch water main in the alley of Block 113. The existing building was constructed over the existing water main. The addition should not be permitted in the alley unless Mr. Watford pays the cost of relocating the 6 inch water main from the alley to N.E. 4th Street which is approximately 400 feet. The work to meet City specifications and DER's approval. Councilman Collins made a motion that Attorney Bryant draw up the required ordinance with the following stipulations: that Mr. Watford pays the cost of the having the water main relocated to N.E. 4th Street, and the work to meet City's specifications with DER's approval. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas yes. Councilman Collins yes. Councilman Rubin yes. Motion carried. 86-33 AGENDA ITEM %XIV - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF OKEECHOBEE FOR THE PERIOD YEAR OF OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986~ PROVIDING ADJUSTMENT IN RESERVES~ PROVIDING ADJUSTMENT IN REVENUES= PROVIDING ADJUSTMENT IN EXPENDITURES= PROVIDING AN EFFECTIVE DATE Council discussed the various amendments to the budget, involving the Street Department, Police Department and Code Enforcement Department. Following discussion, 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 Collins yes, Councilman Rubin yes. Motion carried. --. Mayor Chapman read the ordinance title as follows: AN ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF OKEECHOBEE FOR THE PERIOD YEAR OF OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986; PROVIDING ADJUSTMENTS IN RESERVES; PROVIDING ADJUSTMENT IN REVENUE; PROVIDING ADJUSTMENT IN EXPENDITURES; PROVIDING AN EFFECTIVE DATE. 3879 Councilman Collins made a motion that the ordinance b~ advertised for public hearing on April 15, 1986. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Collins yes, Councilman Rubin yes. Motion carried. 86-5 AGENDA ITEM #XV -DISCUSSION AND ACTION BY COUNCIL ON A REOUEST TO OPEN THE NORTH SIDE (20-FT.) OF N.W. 7TH ST. TO PUBLIC USE Mayor Chapman explained the request to the Council. Councilman Collins stated that he felt unsafe conditions would be created if the request was approved. Councilman Thomas agreed and made a motion to deny the street opening request. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Collins yes, Councilman Rubin yes. Motion carried. 86-21 AGENDA ITEM %XVI-DISCUSSION AND ACTION BY COUNCIL ON A REOUEST TO EXTEND WATER LINE ALONG S.W. 16TH STREET Director Fortner stated that Mr. Wayne Fulford has requested the city extend the water line along S.W. 16th Street. The cost for materials will be approximately $1,000. to extend the water line. The City will be receiving $312.50 for the system capacity charge. Council agreed for'Director Fortner to contact Mr. Fulford to see if he would agree to pay the $1,000. for the materials, then at a later date when someone wants to tap into the water line they would reimburse Mr. Fulford. AGENDA ITEM %XVII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Clerk Thomas stated the four ordinances concerning the Public Utilities Department should be re-worded before they were advertised. Councilman Collins made a motion that the words "or other designee as provided by the City Council" be removed from the ordinances before they were advertised for public hearing. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Rubin yes, Councilman Thomas yes. Motion carried. Mr. Norman Prahl addressed the Council concerning the sewer connection fee reimbursement, and several matters concerning the Police Department. AGENDA ITEM #XVIII - MAYOR TO CALL ON THE CITY CLERK, CITY ATTORNEY. ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND/OR REOUEST$ Administrative Assistant Davis asked the Council if they would consider the request to abandon S.E. 8th Court. Following discussion, Councilman agreed to deny the request at this time. Councilman Rubin stated the Council should begin working with the County Commissioners concerning the Comprehensive Plan, and made a motion that the City join the County Commissioners on the Comprehensive Plan as soon as possible. Councilman Thomas seconded the motion for discussion. Mayor Chapman opened the floor for discussion. Councilman Collins asked if the City would still be able to receive the $25,000., $10,000. and $5,000., the last he heard these funds were no longer available to the Cities, just the Counties. He then suggested the Attorney research the Comprehensive Plan so he would be able to advise the City as to what the City should do. Councilman Thomas made a motion to table the discussion concerning the Comprehensive Plan. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas yes, Councilman Collins yes, Councilman Rubin no, Mayor Chapman yes. Motion carried. Councilman Rubin stated that he felt the City should begin paving the 16 streets on the paving list as suggested by the Administrative Assistant, as soon as possible and then made a motion to this statement. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin yes, Councilman Thomas yes, Councilman Collins yes. Motion carried. 3880 HAR 18 1986 motion. Councilman Collins yes, Councilman Rubin yes, Councilman Thomas yes. Motion carried. 86-25 Administrative Assistant Davis asked the Council if they were going to take action on the Code Enforcement Officer's retroactive pay. He suggested the figure of $50. per week retroactive to the date he was appointed to the position. Following discussion, Councilman Thomas made a motion to pay the Code Enforcement Officer a total of $50. a week (from the date he was appointed to the position). Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas yes, Councilman Collins yes, Councilman Rubin yes. Motion carried. Clerk Thomas stated that it was the time of year for the FACC/FGFOA Association conference and that she planned to attend with her Deputy Clerk Lola Parker. The conference is year will be held in Hollywood, Florida and they planned to atted March 23rd thru the 26th. Director Fortner commented on the HRS ruling concerning the mandatory sewer connection. Following discussion by the Council, it was agreed that Director Fortner would handle each request for sewer connection fee reimbursements. The Council agreed for the Attorney to draft an agreement for the Department of Pubic Utilities to complete when the fees are reimbursed to the home owners. Director Fortner requested permission to continue filling out the application for the expansion of the Treatment Plant and interceptor lines. Council agreed. Director Fortner asked the Council if they had decided on merit increase percentage for April 1st, which the Department Heads would use in determining the employees pay increase. He submitted his suggestions to the Council. Council decided to not make a decision at this time. Chief Tomey stated for information only, that he had $18,000. budgeted for the refurbishing of Truck #4, and submitted copies of the specifications to the Council. AGENDA ITEM %XIX - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 5:26 P. ATTEST: CITY CLERK