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1986-0617 Regular Meeting3922 REGULAR ME~TING TUESD6Y, JUNE 17, 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida. The meeting was called to order by the Chairman at 2:00 P.M. AGENDA ITEMS #II & III - PRAYER AND PLEDGE QF ALLEGIANCE The prayer was offered by Public Utilities Director L.C. Fortner, Jr., followed by the Pledge of Allegiance. The following members were recorded present: Mayor Oakland R. Chapman Councilman Andy Rubin Councilman Oscar Thomas Councilman Nick Collins Councilman Edward Douglas Others present were: Bonnie S. Thomas, City Clerk Jerry Bryant, City Attorney L.C. Fortner, Jr., Director of Utilities Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia J. Wilkerson, Deputy Clerk Sylvia Firestine, Acting Administrative Assistant 86-6 AGENDA ITEM #IV - PUBLI~ HE~RING AND FINAL RULING ON REZON~N~: APPLICATION NO. l16-R. PROJECT 20, INC. Attorney Bryant stated the Council did not make a ruling on --~ rezoning application number l16-R, Project 20, Inc., owned by Phil Berger, at the May 20th public hearing. The request has been properly advertised for final ruling at this meeting, therefore, Council could proceed with action. Councilman Thomas made a motion to'uphold the recommendation of the City/County Planning and Zoning Board approving the rezoning request. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried 86-29 AGENDA ITEM #V - APPROVAL QF CHANGE QRDER NQ. 2, ROCK-A-WAY, ON THE S,E, 8TH AVENUE BRIDGE CONSTRUCTION PROJECT Mr. Jack Williamson requested the Council approve change order number 2, for the additional amount of $2,500. and 7 day extension for the removal of the retaining walls were was not included in the original contract. Following discussion Councilman Thomas made a motion approving change order number 2 for the additional amount of $2,500. and a 7 day extension. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin N~y~ None Motion carried 3923 JUN ! 7 1986 86-5 AGENDA ITEM ~VI - PUBLIC HEARING AND FINAL READING OF AN QRDINANCE CLQSING A ?QRTIQN OF TH~ ~LLEY IN BLQCK 3 Councilman Collins made a motion for the ordinance to be read by title only. Councilmen Thomas and Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried Mayor Chapman read the title as follows: AN ORDINANCE CLOSING. VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY IN BLOCK 3, TOWN OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE. Councilman Douglas made a motion that the ordinance be adopted closing the alley located in Block 3. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried AGENDA ITEM #VII - COUNCIL APPROVAL' TO OBTAIN PROPOSALS FOR A NEW COMMUNICATION SYSTEM FOR CITY HALL/POLICE AND FIRE D~pAR~MENTS Acting Administrative Assistant, Sylvia Firestine, requested the council's approval to obtain proposals for a new communication system for City Hall/Police and Fire Departments, explaining briefly the various types of communication systems being considered. Councilman Collins made a motion to obtain proposals for the communication service. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried 86-42 AGENDA ITEM ~VIII - COUNCIL DISCUSSION AND ACTION ON A REOUEST FOR CITY WATER TO EIGHT LOTS IN THE OAK PARK AREA Director Fortner made a request to back up to 16th Drive and carry a 6" pipe to the eight lots in the Oak Park area. The pipe needs to be that large (6") to be able to provide water for fire protection. The City's master plan shows 6" pipe. We are asking developers to build to City's specs which will be the 6". Councilman Rubin asked what the impact fees would be. Director Fortner answered $5,000. Becky Coburn (developer) stated, "I don't think I (developer) should have to provide a 6" main to the 8 lots". Director Fortner stated he was just following the City ordinance which states the developer must pay for extensions. Mayor Chapman asked how much the 6" pipe would cost. 3924 Director Fortner stated it would cost approximately $12,000. for the material, the installation would be additional. Attorney Bryant stated that he could not see anything in Section 18 of the ordinance that permits any change from the developer paying for the line extension. Director Fortner recommended the City absorb the cost for upgrading the lines, allowing the property owner to pay for the extension. Following further discussion, Councilman Rubin made a motion that the City provide and install the 6 inch water main to replace the existing 2 inch and 4 inch mains and that the developer/owner must pay the cost to extend the 6 inch water main from the end of the existing water main to the lots being developed, as recommented by Director Fortner. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin N~ys None Motion carried S6-44 AGENDA ITEM #IX - ~OUN~IL D~SCUSSION AND ACTION RELATIVE TQ TH~; INTERLQCAL AGREEMENT CONSOLIDATING THE CITY AND COUNTY BUILDIN~ DEPARTMENTS Mayor Chapman asked for comments concerning the workability of the merged City/County Building Departments. Councilman Thomas stated that Walt Taylor felt the merger of the building departments was working out very well. Councilman Collins asked the Code Enforcement Officer to state his feelings concerning the merger. Chief Tomey, Code Enforcement Officer, stated that he felt things were working out well with the new building department. There were some problems with remodeling permits, but they can be worked out with time. Following discussion in which it was determined no new agreement needed to be drawn up and that the present agreement was sufficient to allow a continuation of the merger as it stands now, Councilman Collins made a motion to extend the agreement for another year. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried Attorney Bryant stated the agreement did not need to be re-signed, the City just needed to notify the County of the extension. Attorney Bryant asked the Council if they wished to authorize the Clerk to submit the official milar to the County's Clerk office as previously discussed (when completed by Broome, VanOstran in July) Council agreed. ' 86-45 AGENDA ITEM #X - COUNCIL DISCUSSION AND ACTION TO AUTHORIZE THE SALE ~OUR CITY OWNED LOTS Council discussed whether advertising was required before the City could sell the property, and whether the appraisal of $5,800. was meant to be for the 4 lots together or separately. Attorney Bryant stated he would report back to the Council after the recess to answer Council's questions. 86-5 AGENDA ITE~ #xI - DISCUSSION AND ACTION BY COUNCIL ON ~LLEY CLOSINg; APPLICATION NO. 3 LENORE SHOEMAKER, BROWNING ADDITION Councilman Thomas made a motion authorizing the attorney to draft the necessary ordinance to close the alley located in the Block known as Browning addition. Councilman Rubin seconded the motion. 3925 Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None blotion carried AGENDA ITEM #XII - DISCUSSIQN AND ACTION BY COUNCIL TO APPROVE THE PAVING LIST AND PREPARATION OF THE BID PACKAGE Council discussed the following paving list: S.E. 6TH AVENUE BETWEEN S.R. 70 AND S.E. 2ND STREET - 510 FT. S.W. 13TH STREET BETWEEN US 441 AND S.W. 3RD AVENUE - 690 FT. S.W. 14TH STREET BETWEEN US 441 AND S.W. 3RD AVENUE - 690 FT. S.W. 15TH STREET BETWEEN US 441 AND S.W. 3RD AVENUE - 690 FT. S.W. 2ND AVENUE BETWEEN S.W. 16TH ST. & S.W. 21ST ST. - 1,644 FT. N.E. 7TH STREET BETWEEN N.E. 4TH AVENUE & 5TH AVENUE - 350 FT. N.E. 5TH AVENUE BETWEEN N.E. 6TH STREET & 7TH STREET - 510 FT. TOTAL 5,084 FT. Councilman Thomas made a motion approving the paving list and authorization for the preparation of a bid package. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Nays Rubin Motion carried AGENDA ITEM #XIII - ACTION BY COUNCIL TO ACCEPT THE RESIGNATION OF MR. MILTON DAVIS; AUTHORIZATION TO ADVERTISE FOR AN ADMINISTRATIVE ASSISTANT Mayor Chapman stated, "I asked for Adm. Asst. Davis' resignation becauser I didn't feel he was performing his duties. I was trying to keep him out of the limelight. I stated to him that if he had any problems - go and talk to the Council and let me know before the next meeting and we would discuss it at the meeting. We need somebody in the office with proper qualifications so we can continue to grow. Mr. Davis didn't .bring in the letter of resignation until Friday, after the Council meeting. I don't want to ask the Department heads here, I'm just bringing it up for the Council to discuss. Now it's the Council's matter." Councilman Rubin stated,"I don't think we can accept his letter of resignation because anyone that leaves the employment of the City is entitled to a Council or administrative hearing. I cannot see making a decision on this matter in Mr. Davis's absence." Councilman Douglas stated, "Mr. Davis talked with me. I told him he was doing a good job on a day to day basis, but I felt there was a weakness in his Administrative capacity. When we hired him it was for $25,000. (His resignation letter asks for $30,000. if he returns.) If necessary, I would like to have an evaluation from the Department Heads. It is difficult to make a decision with him gone. If he would come back for $25,000., if not, I would vote to accept is resignation." 3926 "I was for him because he was a local --- Councilman Collins stated, man I talked to him asking about his salary, he said $25,000 was fair. I would be against retaining him at a 20% raise. (In considering) The resignation letter stating he'd have to have $30,000., I would have to vote against him." "I feel the same way. I couldn't see any Councilman Thomas stated, raise for anybody right now. I don't want to see taxes go up." Councilman Douglas suggested the Department Heads wubmit their written evaluations to the Mayor. Councilman Collins made a motion to table the matter until the next Council meeting at which time the Mayor will have a chance to receive the evaluations from the Department Heads of Mr. Davis' job performance." Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nayg None Motion carried Mayor Chapman stated that he felt Sylvia should draw the same salary as Mr. Davis in the amount of $25,000./year and asked Council how they felt. Councilman Thomas stated, "I can't agree to that, maybe we should look into this a little more. I think we get too fast with our decisions sometimes." Councilman Collins made a motion to table the matter of Sylvia's salary until the next meeting and then make her salary supplement retroactive to the first day. Councilman Douglas seconded the motion. --~ Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried MEETING RECESSED AT 3:32 P.M. MEETING RECONVENED AT 3:50 P.M. AGENDA ITEM ~XIV - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS'THE COUNCIL Mr. Donald Clements addressed the Council concerning the much-needed repair work at the Racketball Court. Mayor Chapman explained this building belonged to the County, but the City would be glad to write a letter to the County Commissioners requesting they repair the facility. 86-46 AGENDA ITEM #XV - MAYQR TO CAL~ ON THE ~ITY CLERK. CITY ATTORNEY. ADMINISTRATIVE ASSISTANT AND MEMBER OF THE COUNCIL FOR REPORTS AND/OR REOUESTS ~. Clerk Thomas asked the Council if they were going to keep the same auditors, DiBartolomeo, McBee and Sloan, for this fiscal year. Councilman Thomas made a motion that the City use the same auditors, DiBartolomeo, McBee and Sloan. Councilman Douglas seconded the motion for discussion. Councilman Douglas asked if the bidding process was required in the hiring of auditors. Council discussed the question. Clerk Thomas explained the auditor's contract was only for one year. Changing auditors every year was a lot of extra work created confusion in.the already busy office. She suggested the Council consider granting a three year or longer contract. -" I 7 T] '1 - ' ' 3927 JUN 1 ? 1986 Council discussed the situation further agreeing for the Clerk to check on the original proposal to make sure it was only for one year. If so, the City should advertise for bids. Councilman Thomas withdrew his motion. Councilman Douglas withdrew his second. 2. Clerk Thomas stated that she budgeted this year for the City Hall building to be pressure cleaned. Two proposals have been received. She recommended the Council accept the proposal from Hydro Professional Cleaning Service. Councilman Rubin made a motion accepting the proposal of Hydro Professional Cleaning Service. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Douglas Rubin Nav~ None Motion carried 86-2? 3. Actinq Adm. Asst. Firestine submitted Attorney John Cassels statement for services rendered in the J.J. Zayti/Joiner case in the amount of 556.76. Attorney Bryant said the City filed interpleader for the Court to decide the payment issue between Zayti-Joiner. The statement for Cassels is really the bulk of what the City will need to pay for attorney fees now. The City may euen receive reimbursement when the case is settled. Councilman Douglas made a motion that the City pay Attorney Cassels the amount of 556.76 for services rendered in the case of Zayti/Joiner. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Douglas Rubin Nay~ None Motion carried ~. Councilman Douqlas asked the Council if they wished to do anything about the letter received from the Kissimmee River Resource Committee, Concerning the stUdy of Economic development. He suggested the Council wait and see what the County is going to do, then the City can join with them. Council agreed. 86-39 5. Councilman Rubin recommended the Council sell the 154.6 acres. He then moved the City place the necessary advertisements for the 154.6 acres to be sold in the local newspapers. Councilman Thomas seconded the motion for discussion. Councilman Thomas stated that he was not saying he was going along with selling the property unless the City could get a great price. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Chapman Nays Douglas Motion carried 86-14 ~.~ Director Fortne~ asked the Council if they would like to wait until the next meeting for the report on sewer availability charges, when the full Council could be present. Council agreed. ~ Director Fortner updated the Council on the Taddie/M & M contract. A letter has been sent telling Taddie/M & M to pull their equipment off the job or they will be confiscated. 3928 C> Director For~Ber stated the City has a contract with The Montgomery Firm preparing plans for feeding amonia to reduce the THMs. Would it be possible to incorporate the preparation of plans for plant expansion not to exceed $20,000. into the contract so the City would not have to go through the Competitive Negotitions Act. Attorney Bryant stated the City should request proposals for the preparation of plans for the plant expansion. Director Fortner requested the Council authorize the advertisement of bids. Council agreed. ~ Director Fortner requested the Council reconsider their request for the department heads evaluation of Mr. Davis, because he felt it might put the department heads in a bad position if the council decided to not accePt Mr. Davis' resignation. q. Fire Chief TQm~y submitted three applicants to fill the vacancy. Richard Coffee, Glen Hodges and Dale Fulwider. He recommended Richard Coffee, who is state certified, be hired to fill the position. He asked the Council hold all names for 90 days in case the first choice did not pass his physical or finger print test. Councilman Douglas made a motion to accept the recommendation of the Fire Chief to hire Richard Coffee. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Douglas Rubin Nays None Motion carried ~. Chief ~obl~y asked the Council if they were going to reconsider having the department heads submit a written evaluation on Mr. Davis. Councilman Thomas made a motion to have the discussion concerning the resignation of Mr. Davis removed from the table. Councilman Douglas seconded the motion. Councilman Thomas stated this was just going to take the burden off the department heads. Mayor Chapman asked for a vote on the motion. Yeas Thomas Douglas Rubin Nays None Motion carried Council discussed the situation. Councilman Thomas made a motion to postpone the decision until a full board was present on the resignation of Mr. Davis. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. yeas Thomas Douglas Rubin N~vs None Motion carried AGENDA ITEM #XVI - ADJOURNMENT There being no further business to discuss the meeting was' adjourned at 5:00 P.M. ATTEST: BONNIE S. THOMAS, CMC CITY CLERK