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1986-09-02 Regular Meeting 3965 R~ULAR MEETING TUESDAY, SEPTEMBER 2, 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida. The meeting was called to order by the Chairman at 2:00 P.M. with the following members present: Oakland R. Chapman, Mayor Nick Collins, Councilman Oscar Thomas, Councilman, absent Edward Douglas, Councilman Andy Rubin, Councilman Others present were: Bonnie S. Thomas, City Clerk Jerry Bryant, City Attorney Sylvia Firestine, Acting Adm. Asst. L.C. Fortner, Jr., Public Utilities Director Keith Tomey, Fire Chief Larry Mobley, Police Chief Chuck Elders, Street Director Lydia J. Wilkerson, Deputy Clerk A~ENDA ITEM #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Public Utilities Director, L.C. Fortner, 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 following minutes: Regular Meeting of August 19th, 1986 Recessed Meeting of August 20th, 1986 *Attorney Bryant stated the following underlined changes should be made in the minutes of August 19th, 1986, Page 5: Mr. Harvey Hamrick explained to the Council the proposal relative to S.E. 6th Avenue. He proposes to deed the City a strip ~Sa--m-{q~ 70' x 179.62' in exchange for a parcel 30' x 150' bordering Highway 70 East. Mayor Chapman asked the Attorney if there would be any problem exchanging the property. Attorney Bryant stated that he did not see any ]~ problem with the exchange of property between the City and Mr. Hamrick. There being no further corrections, the minutes were approved, as corrected. *The minutes of August 19th, 1986, reflect the changes as stated by Attorney Bryant. AGENDA ITEM #V - APPEARANCES 86-9 I. Mr. Ray Hoekstra. Jr., of L.P. Sanitation and Mr. Kvle Adams of Waste Manaqement of North America. to discuss the meraer of L.P. Sanitation wi~h Was~ ManaGement. Mr. Ray Hoekstra, Jr. addressed the Council concerning the merger of L.P. Sanitation with Waste Management of North America partly due to the high cost of insurance premiums. The management will remain the same. Mr. Kyle Adams of Waste Management of Orlando addressed Council to answer any questions concerning the merger. Concerning a rate increase, Mr. Hoekstra said that he could not say whether there would be a rate increase in the near future due to the merger, but if an increase was found to be necessary they would notify the Council. 3966 SEP 0 2 1986 86-18 ~. CLERK THOMAS BID RECEIVED - 151.59 ACRES Clerk Thomas stated several advertisements had been published and six individuals had shown an interest by inquiring about the property. However, only one bid was received in the amount of $50,250. Following discussion, Councilman Douglas made a motion to · deny the bid of $50,250. for the sale of the City's 151.59 acres. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Douglas Collins Rubin Nays none Motion carried. Council agreed that the City could request sealed bids on the property at a later date. 86-23 ~. DIRECTOR FORTNER - APPEARANCE OF ATTORNEY STEVE BULL - TO DISCU$~ THE SEWER COLLECTION SYSTEM Attorney Steve Bull addressed the Council to update them concerning the law suit involving M & M Construction and Taddie Underground. The Notice of Default was sent to M & M and Taddie on May 8, 1986. Since that time there has been numerous discussions with representatives of Taddie. A meeting with FmHA and DER is scheduled to be held in October, allowing the City the opportunity to discuss the problems. Attorney Bull explained that the case required 35,000 feet of lines to be cleaned and videotaped to pinpoint problem areas in order to build our case. The approximate cost is $1. per ft = $35,000. Director Further requested the Council authorize the engineer payment not to exceed $35,000. to complete the work required for the City's case. Councilman Douglas made a motion to authorize Engineer Broome payment up to $35,000. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin Nays none Motion carried, 86-29 ~. ENGINEER BROOME TO DISCUSS THE PARTIAL PAy ~EOUEST. FQR THE CONTRACTOR ON THE S.E. 8TH AVENUE BRIDGE Engineer Broome explained the problems concerning the bridge construction to date. He recommended the Council allow the contractor to complete the bridge as per contract and then request bids on the aluminum wing walls - 8' wide x 18' high, and additional sodding as an additional item outside the existing contract. Discussion ensued concerning the contract. Engineer Broome stated change order %4, which would be approximately $4,200. was ready to be presented to the Council for approval. Councilmembers agreed the additional work should be completed, and discussed whether the City had the funds available, __. Councilman Collins made a motion to accept the change order pertaining to installing the aluminum wing wall, Councilman Rubin seconded the motion, Mayor Chapman asked for.discussion. Councilman Douglas stated that he would like to see a copy of the change order before voting on it. , 3967 Engineer Broome explained that he did not bring the change order with him, but he could have the change order for the Council the following day. Councilman Rubin asked if this stipulation of seeing the change order could be included in the motion. Attorney Bryant stated that he felt the Council should make a decision on the change order today - either yea or nay. Engineer Broome stated that he could have the change order for the Council after the recess. Councilman Rubin withdrew his second. Councilman Collins withdrew his motion until after the recess. AGENDA ITEM #VI - ACTION BY THE COUNCIL TO APPOINT AN ADMINISTRATIVE Councilman Rubin stated that he was totally against the hiring of an Administrative Assistant until the new Council was appointed. Councilman Douglas stated that he was not sure about the Administrative Assistant not moving to Okeechobee for 4 to 5 months. Following discussion, Councilman Collins made a motion that the City Council appoint John Drago to the position of Administrative Assistant, salary $30,000., providing he could move to Okeechobee within 90 days. Councilman Douglas seconded the motion. Mayor Chapman asked for discussion. Attorney Bryant suggested the Council offer Mr. Drago the position and request him to appear at the next council meeting, instead of making a motion to hire him contingent'on his moving to Okeechobee within 90 days. Councilman Douglas withdrew his second. Councilman Collins withdrew his motion. Councilman Collins made a motion requesting Mr. Drago appea'r at the next Regular Council meeting. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Chapman Rubin Motion carried. 86-51 AGENDA ITEM %VII - DISCUSSION AND ACTION BY COUNCIL TO APPROVE THE TERMS OF THE LEASE WITH THE CHAMBER OF COMMERCE FOR THE PROPERTY ON WHICH THE CHAMBER IS LOCATED Councilman Collins stated that he was not against the lease with the Chamber, but he felt the City should hold off until we figure out what should be done concerning the intersection of Highway 441 and 70 (additional 15 ft. to be used for highway). Attorney Bryant requested the Council allow him time to research what the City should do concerning the additional footage that was required for the intersection expansion. Councilman Collins suggested someone go to the surrounding property owners at the intersection, requesting permission for the right of ways. Mayor Chapman asked Councilman Collins to see Mr. Pitts concerning the right of way. Councilman Douglas stated that he thought the City already had a lease agreement with the Chamber. Attorney Bryant stated the agreement was never completed. I ? Tm 3968 S£P O 7_ 1986 Councilman Collins made a motion to table the lease with the Chamber of Commerce until we find out some information about surrounding landowners. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin none Motion carried. MEETING RECESSED AT 3~55 P.M. 86-29 MEETING RECONVENED AT 4=10 P.M, Engineer Broome addressed the concerning partial pay request #3 in the amount of $15,922.31. for work completed on the S.E. 8th Avenue bridge, requesting the Council approve contingent on the engineer's approval. Councilman Douglas made a motion to approve pay request %3 in the amount of $15,922.31, contingent on the engineer's approval. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Douglas Collins Rubin none Motion carried. 86-3 AGENDA ITEM %VIII - DISCUSSION AND ACTION BY COUNCIL TO AWARD A STREET PAVING CONTRACT RELATIVE TO THE PUBLIC BID OPENING HELD AUGUST 25, 1986 Director of Public Works, Chuck Elders, explained the bids recieved on August 25, 1986 for the street paving contract. Councilman Douglas made a motion to accept the low bid of Mattson/Wilcox. Clerk Thomas stated the City might not have the funds in the street department budget to award the bid at the present time. Councilman Collins asked if one street could be deleted from the contract. Attorney Bryant suggested the matter be tabled until the financial situation of the Street Department line item was determined, then take action on the bids. Councilman Collins made a motion to table the matter until the next Council meeting. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin none -'~ Motion carried. 3969 ~GEND~ ITEM #IX - COUNCIL'S ~UTEORI~TIO~ TO DISPOSE Off SURPLUS PROPERTY BY PUBLIC AUCTION SEPTEMBER 20. 1986 Councilman Douglas made a motion that the City dispose of surplus property by public auction on September 20, 1986. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin none Motion carried. 86-15 AGENDA ITEM %X - COUNCIL'S DISCUSSION RELATIVE TO AUTHORIZATION FOR THE PUBLIC WORKS 'DIRECTOR TO ASSUME RESPONSIBILITY FOR THE INSTALL~TIQ~ OF EOUIPMENT SUPPLIED BY THE DEPARTMENT OF T~NSPORTATION TO UPGRADE INTERSECTIONS Public Works Director, Chuck Elders, stated the D.O.T. has agreed to supply the equipment for the poles and wires to be relocated. The cost for the City would be $10,000. which could be taken from the Paving line item. Council discussed the additional costs involved in upgrading the intersection. Council agreed that the City should begin putting funds aside to upgrade the intersection at a later date, since $10,000 would only pay for relocating the wires and poles. Director Fortner said that the DOT has stated they would take care of upgrading the intersection, they just did not know when, due to the right of way problem. They stated that it would most likely speed up the process of getting the curbs realigned if the City would solve the right of way problem. Council agreed that the situation should be investigated, possibly by the new Administrative Assistant, while the City is waiting for the D.O.T. to upgrade the intersection. AGENDA ITEM %XI - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Councilman Douglas made a motion to remove Change Order %4 from the table for discussion. Councilmen Rubin and Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin none Motion carried. Discussion ensued concerning the amount of funds remaining in the street department line item. 3970 1986 Councilman 9ouglas made a motion to deny cha~ge order ~, until the financial situation is determined in the street department line item, then if the change order is needed, request bids. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin none Motion carried. AGENDA ITEM %XII - MAYOR TO CALL ON THE CITY CLERK. CITY ATTORNEY. ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND/OR REOUESTS Clerk Thomas stated the 1986-87 Revised budgets were in her office for the Council if they would like to stop by to get their c°pY'Attornev Bryant stated the deed for John Abney - Abwell Corporation purchasing lots 10 & 17 of Block 39, and lots 10 & 17 of Block 28, was ready for the Mayor's and Clerk's signature. Attorney Bryant explained while updating the City maps, it was discovered several streets are presently being used which were vacated and not re-opened. He suggested the City take action to re-acquire these rights of way. He stated he would like to research the situation further, and have everything ready for an agenda item at the next Council meeting. 86-22 Councilman Doualas stated he would be going to Tallahassee Monday attending the Florida League of Cities, CDBG program. He asked the Council if they had any input concerning the City's CDBG grant application. Councilman Collins stated he would like to find out what the City did wrong on the last grant application, so we could correct those problems on the next application. Councilman Rubin asked Chuck Elders, Director of Public Works, to paint over the stop lines with black paint on N.W. 9th Avenue, where the stop signs were recently removed. Mayor Chapman asked Chuck Elders, Director of Public Works, if he woul~ write a letter to Mr. Haynes Williams explaining that a dragline was needed to correct the problem with the ditch on S.W. 7th Avenue. 86-19 Director Fortner stated the Council previously authorized applying to DER for additional grant funding. A resolution is needed for the final application. Attorney Bryant read the resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, PERTAINING TO THE SUBMITTAL OF APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION FOR WASTEWATER TREATMENT CONSTRUCTION GRANT ASSISTANCE. WHEREAS, under the Clean Water Act of 1977, as amended, the Federal Congress has delineated national water quality goals which must be achieved through regional efforts to assure the attainment of water quality standards; and WHEREAS, the City of Okeechobee entered into a 201 Facilities Planning Study for this planning area in order to comply with the requirements of Public Law 92-500, as amended, and Florida Administrative Code 17-50; and 3971 SEP 0 2 W~EREAS~ the City of Okeechobee's pro~ects are ranked within the fundable portion of the FY 1985 Construction Grants Priority ~ist~ a~ministered by the Florida Department of Environmental Regulation (FDER), indicating grant assistance funds may be available to the City of Okeechobee; and WHEREAS, it is the desire of the City of Okeechobee to submit an authorized application for grant assistance. NOW~ TBEREFORE BE IT RESOLVED, by the City Council of the City of Okeechobee, Florida as follows= 86-53 ~ That the Mayor be hereby authorized to execute and file application on behalf of the City of Okeechobee with the Florida Department of Environmental Regulation (FDER) and the Environmental Protection Agency (EPA), for grant assistance for the City's proposed wastewater treatment construction project. ~ That the Mayor is authorized and directed to furnish such information as the FDER or EPA may request in connection with application which herein is authorized to be filed. ~ That the Mayor be authorized and is hereby directed to execute for the City any and all amendments and supplements as may be required to be filed. ADOPTED at a meeting of the City Council of the City of Okeechobee, Florida, this 2nd day of September, 1986. Councilman Douglas made a motion that the resolution be adopted.. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Douglas Collins Rubin none Motion carried. Director Fortner asked the Council what procedure the City should use in disposing of the used plants that were received when the City agreed to connect the public shcools to the sewer system. He stated that someone has offered to purchase one of the used plants from the City. Attorney Bryant stated that he felt the City would be able to sell the plants, but he would like to make sure before the City sold them. AGENDA ITEM #XIII - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 5:40 P.M. ~ 0AKLAND R. C ATTEST: BONNIE S. THOMAS, CMC CITY CLERK