1986-09-16 Regular Meeting3978
REGULAR MEETING TUESDAY. SEPTEMBER 16, 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
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
AGENDA ITEM #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by Mayor Oakland R. Chapman, followed by
the Pledge of Allegiance.
86-6 AGENDA ITEM #IV - PUBLIC HEARING AND FINAL RULING ON REZONING
APPLICATION NO. 148-~ FRQ~ RESIDENTIA~ SINGLE FAMILY TO CQMMERC~AL.
PROPERTY OWNERS: PHILLIP AND ALBERT TROFIBIO ~-~
Mr. Ronald Hunt addressed the Council explaining the request for
rezoning of Block 230, Lots 10, 11 and 12. Following discussion,
Councilman Rubin made a motion to uphold the Zoning Boards
recommendation approving the rezoning request. Councilman Thomas
seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Rubin
Thomas
Douglas
Collins
Nays
none
Motion carried
86-29 AGENDA ITEM #V - APPEARANCES:
a. Mr. Jim Broome of Broomeo VanOstran and Assoco, Inc.. to
present proposals for the wina wa~ls and soddinq to complete
the Southeast 8th Avenue bridge
Engineer Broome requested the Council authorize the advertisement
of bids for the wing walls and sodding to complete the Southeast 8th
Avenue bridge project. The estimated price of the project $20-$25,000.
Following discussion, Councilman Douglas made a motion authorizing
the advertisement of bids for the wing walls and sodding to complete the
bridge, the City reserving the right to reject any and all bids.
Councilman Rubin seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Rubin
Thomas
Douglas
Collins
Nays ,
none
Motion carried
3979
$£P ! 6 19116
b. County Commission Chairman Jim Lashlev and Mr. Dick Roberts
of Hazen and Sawyer Enaineerin~ to discuss tratment method~
of the water from the county landfill.
86-9 Mr. Lashley and Mr. Dick Roberts addressed the Council explaining
that DER has requested them to have an alternative on waste removal from
the County's landfill site. Mr. Lashley explained they would like to
haul the excess leachate from the County's landfill site to the City
Waste Water Treatment plant for disposal. He requested the City enter
into an agreement with the County within 2 to 4 years to accept this
excess leachate. They are presently at 10,000 gallons per day, 2 - 4
years they are estimating 30,000 gallons, this is when they would need
the City's assistance.
Director Fortner stated that he was not at all sure of the City
accepting the leachate from the County's landfill site, because it was
an unknown. There is the possibility of odor problems, etc. He
suggested the County consider getting its own plant to use.
Mr. Lashley stated they were not asking the Council to commit to
their request today, all they really needed was a letter to them for DER
stating the City was considering providing wastewater treatment for
runoff from the county's landfill.
Council agreed for Director Fortner, Engineer and City Attorney to
draft a letter for Council's consideration at the next Council meeting.
c. Mr. Danny LaCroix. Manaaer of Harte-Hanks Cable to discus.o.
the merger of OkeAirCo. Inc. into Harte-Hanks Cable. In¢.
86-4
Mr. Danny Lacroix explained the resolution was only providing a
name change for corporate reasons. The local office and management
would remain in Okeechobee.
AGENDA ITEM #VI - ADOPTION OF A RESOLUTION ACKNOWLEDGING AND CONSENTINC
TO THE MERGER OF OKEAIRCO. INC. INTO HARTE-HANKS CABLE. INC.
Councilman Douglas made a motion to adopt the resolution
acknowledging and consenting to the merger of OkeAirCo, Inc. into
Harte-Hanks Cable, Inc. Councilman Collins seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Rubin
Thomas
Douglas
Collins
Nays
none
Motion carried
Attorney Bryant read the resolution as follows:
A RESOLUTION ANKNOWLEDGING AND CONSENTING TO THE MERGER
OF OKEAIRCO, INC. INTO ULTRACOM OF DADE COUNTY, INC.
WHEREAS, the City of Okeechobee, Florida has granted a cable
television franchise to OkeAirCo, Inc; and
WHEREAS, OkeAirCo, Inc. is a sister corporation of UltraCom of
Dade County, Inc. and it is proposed that OkeAirCo. Inc. be merged
into UltraCom of Dade County, Inc.; and
WHEREAS, the City of Okeechobee, Florida has been provided
appropriate information concerning such merger.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF OKEECHOBEE, FLORIDA:
f~9_~. That the above and foregoing recitals are true and
correct.
~. That the City of Okeecho~ee, Florida hereby
acknowledges and consents 'to the merger of OkeAirCo, Inc. into
UltraCom of Dade County, Inc.
PASSED and ADOPTED this 16th day of September, 1986.
3980
86-11 AGENDA ITEM %VII - INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING T~E CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE. FLORIDA.
AMENDING CHAPTER 18: PROVIDING AN EFFECTIVE DATE
Councilman Douglas 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.
Yeas
Rubin
Thomas
Douglas
Collins
none
Motion carried
Attorney Bryant read the title as follows:
AN ORDINANCE AMENDING THE CODE OF ORDINANceos CITY OF
OKEECHOBEE, FLORIDA~ AMENDING CHAPTER 18 PERTAINING TO
WATERt SEWERS, AND SEWAGE DISPOSAL~ AMENDING SECTION 18-17
RELATING TO CONNECTION FEES AND INSPECTION FEES FOR WATER
SERVICE CONNECTIONS~ AMENDING CONNECTION FEES AND
INSPECTION FEES~ AMENDING SECTION 18-35 RELATING TO WATER
SYSTEM CAPACITY CHARGES~ AMENDING SYSTEM CAPACITY CHARGES TO
NEW WATER SYSTEM CUSTOMERS~ PROVIDING FOR ANNUAL ADJUSTMENT
OF SYSTEM CAPACITY CHARGES~ AMENDING SECTION 18-48 (C) (1)
RELATING TO SANITARY SEWER CONNECTION FEES AND INSPECTION
FEES~ AMENDING SEWER CONNECTION FEES AND INSPECTION FEES~
AMENDING SECTION 18-48 (H) RELATING TO SEWER SYSTEM CAPACITY
CHARGES~ AMENDING SYSTEM CAPACITY CHARGES TO NEW SEWER
SYSTEM CUSTOMERS~ PROVIDING FOR ANNUAL ADJUSTMENT OF SYSTEM
CAPACITY CHARGES; CREATING ARTICLE III-A, SECTION 18-48.1,
RELATING TO ESCALATION OF WATER AND SEWER SYSTEMS CAPACITY
CHARGES~ PROVIDING FOR ANNUAL ESCALATION OF WATER AND SEWER
SYSTEM CAPACITY CHARGES BASED UPON INCREASES IN THE
PUBLISHED UTILITY CONSTRUCTION INDEX~ ESTABLISHING SEPTEMBER
30, 1986 UTILITY CONSTRUCTION INDEX AS A BASE FOR
COMPARISON~ ESTABLISHING PROCEDURE FOR ANNUAL ESCALATION OF
WATER AND SEWER SYSTEM CAPACITY CHARGES THROUGH ORDINANCE
ADOPTED BY THE CITY COUNCIL; PROVIDING FOR AN EFFECTIVE
DATE.
Councilman Thomas made a motion to advertise the ordinance for
second and final public hearing October 7, 1986. Councilman Collins
seconded the motion.
Mayor Chapman asked for discussion.
Councilman Collins asked if Lorne Hunsberger was going to attend
the final public hearing. Director Fortner explained that Mr.
Hunsberger would be at the public hearing to answer any questions the
Council or public might have concerning the ordinance.
Mayor Chapman asked for a vote on the motion.
Thomas
Douglas
Collins
Rubin
Motion carried
3981
SEP ! 6 1986
86-3 AGENDA ITEM $VIII - DISCUSSION AND ACTION BY COUNCIL TO MAKE ~
DETERMINATION TO AWARD A PAVING CONTRACT OR TO REJECT ALL BIDS
Street Director, Chuck Elders, requested Council reject all bids on
the street paving at this time, and possibly rebid after the completion
of the S.E. 8th Avenue bridge, since we did not know how much it would
cost to complete the bridge.
Councilman Collins made a motion to reject all bids received on the
street paving, until the S.E. 8th Avenue Bridge is completed, then rebid
to pave those streets with the funds remaining in the paving budget.
Councilman Douglas seconded the motion.
Mayor Chapman asked for~discussion.
Mr. Rucker Wilcox stated they were willing to cut a deal with the
City, since they went to the trouble of figuring the 7 streets, and
paying for the plans and specifications. They would agree to take what
funds the City presently has for paving then charge 10% interest on the
balance.
Attorney Bryant stated the City could not do this legally.
Mayor Chapman asked for a vote on the motion.
Thomas
Douglas
Collins
Rubin
none
Motion carried
Councilman Rubin stated, 'On the same subject. What was proposed
by our Public Works Director and what was proposed in writing over here
- to save the money, put it in a fund and use it for bridges and
everything else. I am totally against it. And I wish the Council would
discuss it now. Cause that is part of the deal. Like I said, before we
made this motion today, I rejected those bids two week ago. I'd like to
see whats going to happen. Is it gonna be whats in this status report
now, what our Public Works Director said? And we use another $30 -
40,000. of this paving monies. Or are we going to look to another
source and rebid these 6 streets or will we bring it down to where we
can get something, or 5 streets. We can get 5 streets done this year.
Instead of putting it somewhere and dipping into it. And before you
know it - it's gone. 50% is gone already.'
Councilman Thomas asked Director Elders if the plans were t° finish
the bridge first then pave with what is left over. Director Elders said
these were the plans.
86-51 AGENDA ITEM %IX - DISCUSSION AND ACTION BY COUNCIL TO AMEND THE TERMS OF
THE LEASE WITH THE CHAMBER OF COMMERCE
Mayor Chapman asked for discussion concerning the lease.
Councilman Rubin commented on the Chamber stating the entire
parking lot was not a public parking lot. He then made a motion that
the Council request the Chamber of Commerce and the Library Board to
attend a Council meeting to discuss the parking lots arrangements.
Mayor Chapman asked for a second to the motion. Motion died for lack of
a second.
Councilman Douglas stated the parking arrangements at the Chamber
of Commerce was the decision of the Chamber, not the City's since they
leased the property from the City.
Councilman Collins stated he felt the complaints were coming from
the business owners beside the Chamber of Commerce and the solution
would be for the business owners and employees to at the rear of the
building leaving the street parking to customers.
Attorney Bryant explained the lease Chamber lease was tabled
at the last meeting so he could attempt to get the necessary easement
for the right of way from the property owners of the 2 corners so the
intersection could be improved by rounding off the corners for the red
lights could be moved. He suggested the Council finalize the lease
approving the amendment of the paragraphs concerning the S.E. corner as
follows: 'The City reserves the right to use that portion of the leased
property necessary to complete the improvements of that intersection as
the Council deems best.'
3982
Councilman Collins made a motion that the City approve the lease
with the Chamber with the amendments as suggested by the City Attorney.
Councilman Rubin made a motion to amend the motion to request the
Chamber and Library to appear before the Council.
Mayor Chapman asked for a second to the motion to amend. There
being no second to the motion to amend, motion died ~or lack of a
second.
Mayor Chapman asked for a second to the motion. Councilman Thomas
seconded the motion approving the lease with the Chamber with the
amendments as suggested by the City Attorney.
Councilman Rubin left the Council room at this time.
Mayor Chapman asked for a vote on the motion.
Thomas
Douglas
Collins
none
Motion carried
MEETING RECESSED AT 3z46 P.M.
MEETING RECONVENED AT 4:00 P.M.
AGENDA ITEM %X - DISCUSSION AND ACTION BY COUNCIL TO APPROVE THE
CQNTRACT WITH THE NEWLY APPOINTED CITY ADMINISTRATOR JOHN DRAGO
Attorney Bryant suggested the language of the contract should be
amended so it would read the same as the City Employee's Handbook
concerning sick leave,-vacation leave, life insurance, health insurance, -~
etc. He suggested paragraph 8 Termination - be amended by either
taking out the clause "or if the employee deems it to be in the best
interest of the community that he tender his resignation he shall be
entitled to 90 day severance pay upon demand" or amend that clause to
have it state "if the Council deems it to be in the best interest of the
community".
Council agreed to the amendments of the contract as suggested by
Attorney Bryant.
Councilman Rubin questioned paragraph 4 of. the contract. The
duties - the employee is engaged in the capacity of City Administrator.
The City advertised for an Administrative Assistant.
Attorney Bryant stated, "I do not see any problems with the job
title being advertised as Administrative Assistant and hiring Mr. Drago
as Administrator. The City discussed with Mr. Drago his duties to be
those of the Administrative Assistant and there was some discussion as
to what his exact title would be. He is being hired to do the work that
was anticipated by the advertisement seeking applicants for the
position."
Mayor Chapman asked how the Council felt concerning Mr. DragO being
an Administrative Assistant or the City Administrator.
Councilman Rubin stated the position should be Administrative
Assistant and not City Administrator.
Mayor Chapman and Councilmen Collins, Thomas and Douglas stated
they were not opposed to the position being City Administrator.
Councilman Douglas asked if the Attorney if the contract could be
amended and presented to the Council for approval, then sent to Mr.
Drago for his approval.
Attorney Bryant stated the Mayor could adjourn the meeting to
reconvene at 6z45 P.M. on Tuesday, September 23, 1986, at which time the
Council would have a chance to approve the contract, pending Mr. Drago
approval of the amendments. Council agreed.
AGENDA ITEM %XI - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO
ADDRESS THE COUNCIL --~
86-19 Director Fortner stated the City has been officially notified from
DER of the moritorium for all new water distribution system extensions.
Director Fortner discussed with Council the posslbillty o£ the City
receiving grant funding for Phase II of the W.W~T.P. He suggested the
Council contact Mr. Bill Weathers of Southeastern Municipal Bonds since
he was familiar with the City. Councilman Douglas suggested the Florida
League of Cities also be contacted concerning the City obtaining a
grant. Council agreed for Director Fortner to try and get the City the
best interim financing.
3983
SEP t6 1981
AGENDA ITEM $XII - MAYOR TO CALL ON THE CITY CLERK. CITY ATTORNEY,
ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND/OR
86-12 ~lerk Thomas presented the Election Proclamation to Mayor Chapman.
Mayor Chapman read the proclamation as follows~
PROCLAMATION
NOTICE OF GENERAL CITY ELECTIONS
CITY OF OKEECHOBEE, FLORIDA
NOVEMBER 4, 1986
WHEREAS, under and by virtue of the provisions of the
Charter of the City of Okeechobee, Florida, it is the duty of the
Mayor to proclaim and call General City Elections at the time and
the manner provided by said City Charter.
NOW, THEREFORE, I, OAKLAND CHAPMAN, MAYOR of the City of
Okeechobee, Florida, do hereby PROCLAIM AND DECLARE that a
GENERAL CITY ELECTION by the duly qualified electors of the City
of Okeechobee, Florida, be held on Tuesday, November 4, 1986,
during the regular hours of voting, to wit: from 7:00 A.M. to
7:00 P.M., for the purpose of electing the following officers to
serve as such for four (4) years beginning January 1, 1987 and
ending December 31, 199~, following such election and until their
successors are elected and qualified:
THREE '(3) COUNCILMEN
AND
CITY CLERK
Said election shall be held in the normal polling or voting
places within the normal precincts of the duly qualified City
electors, which precincts have been established by the Okeechobee
County Board of County Commissioners and Supervisor of Elections
for the general election of said County.
IN TESTIMONY AND WITNESS of the foregoing Notice of
Election, I have hereunto set my hand as Mayor of the City of
Okeechobee, Florida, and caused the corporate seal of said City
to be affixed hereto, and the same attested by the City Clerk,
this 16th day of September, 1986.
CITY OF OKEECHOBEE
ATTEST:
BONNIE S. THOMAS, CMC-
CITY CLERK
CITY OF OKEECHOBEE
3984
SEP 't6
Councilman Collins made a motion that the proclamation be approved.
Councilman Rubin seconded the motion.
Mayor Chapman asked for a vote on the motion.
Thomas
Douglas
Collins
none
Motion carried
~lerk Thomas presented the Warrant Registers for Council's
approval.
Actina Adm. Asst. Firestine stated Senator Lawton Chiles is
checking into the matter with the Postal Service and he will get back
with the City as soon as possible.
86-54 Mayor Chapman stated that he received a letter from teamsters Union
Local 769 thru the mail.
Chief Mobley stated that 30% or more of the Police Officers have
petitioned to Join union. They have submitted a petition to join the
union, if PERt accepts them, they will have a union.
Mayor commented against the union.
Chief Mobley stated the first time he knew of this was last Monday.
Councilman Collins asked Attorney, "Doesn't the City have the right
to employ people, I mean, to keep from employing people that is in the
union?"
Attorney Bryant, "No. These people have filed a petition with the
Public Employees Relations Commission and the application of the
petition merely states, and I think they have to submit something to
show proof that there is at least 30% of the affected employees who have
asked this particular union to be their collective bargaining agent.
They first review the petition and supporting documents, and if
everything meets the requirements of the law and the Florida ~
Administrative Code, they will conduct a secret ballot election of those
affected employees to determine if this union will be representing those
employees in collective bargaining with the City.
Now, I don't know much beyond that. I am sure it will come back
before this Council for some consideration, but I can't tell you right
now, cause I just got this - it was here when I got here today".
Councilman Collins stated, "Well this is my opinion, let me state
first off - I am totally anti-Union. Totally. And, which it looked -
like - we hired these people, we hired them, we were bargaining with
them, now they are gonna pull somebody in here we don't even know and we
have to bargain with these people. I still, I mean I don't know, but I
think there ought to be something, I mean I think the City's got some
rights."
Attorney Bryant stated, "I intend to research this matter to be
able to advise the City Council what can and cannot be done. I would
ask that you not state much more today until we do know.."
Councilman Collins, "All I stated was that I'm against it and I am
from the word go."
Attorney Bryant, "I would really rather the Council not discuss the
matter a whole lot more cause I would hate for the Council to get
theirselves obligated in some fashion here today, or make some
statements here and they come back to haunt them later. Let me do some
research and get back to you and tell you exactly what happens from this
point and what the Council can and cannot do."
86-19 Councilman Douglas stated he would be attending a Board Meeting in
TallahasseeCDBG grant funding was available November 7th - December 30th
if the City wished to apply.
86-5 Councilman Douglas stated he had received a request for a street
closing and asked Clerk Thomas to contact the person explaining the
proper procedures to follow in request for streets closings.
86-8 Councilman Doualas made a motion to approve the warrant registers --.
as presented. Coiuncilman Rubin seconded the motion.
SEP t6 1986
Mayor Chapman asked for a vote on the motion.
Thomas
Douglas
Collins
none
Motion carried
86-19 Councilman Rubtq made a motion that the City hire Mr. Pat Patterson
to apply for the UDAG grant. Councilman Thomas seconded the motion.
Councilman Douglas stated that he agreed the City should apply, but
the City should request Mr. Patterson appear before the Council to
discuss it with him before the City hires him.
Following discussion, Councilman Thomas withdrew his second.
Mayor Chapman asked if there was a second to the motion. There
being no second, motion died for lack of a second.
Council asked Sylvia to contact Mr. Patterson to see if he thinks
we have time to apply for the UDAG grant and how much it will cost the
City.
Councilman Rubin commented on the letter sent concerning the' Post
Office, stating he disagreed with the wording.
AGENDA ITEM #XIII - MEETING ADJOURNED
There being no further business to discuss the meeting was
adjourned at 5:20 P.M. to reconvene at 6=45 P.M. on Tuesday, September
23, 1986.
MAYOR
ATTEST:
BONNIE 'S. THOMAS, dMC - '
CITY CLERK