Loading...
1987-02-03 Regular Meeting4032 REGULAR MEETING TUESDAY, FEBUARY 3. 1987 A. CALL TO ORDER The meeting was called to order at 2:00 P.M. B. INVQCATIQN AND PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Chapman followed by the Pledge of Allegiance.. C. ~!AYQR AND COUNCIL ATTENDANCE: Mayor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Present STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Wilkerson Present D.~OTION TO DISPENSE WITH READING AND APPRQVE THE SUMMARY QF CQUNCIL ACTION FOR THE REGULAR MEETING OF JANUARY 20, 1987 ~otion by Councilman Collins, seconded by Councilman Watford. Discussion. --~ Vote - Councilmen Collins, Watford, Rubin and Thomas yea. Minutes approved. Hotion carried. E.R$0UEST FQR THE ADDITION, DEFFERAL QR WITHDRAWAL OF ITEMS QN TQDAY'S AGENDA Administrator Drago requested the following items be placed on the agenda: 1. Rezoning Request #171-R 2. Council's consideration on tentative bid award to Rock-A-Way for the ~ intercepter sewer lines. ~ ~-3 F. QpEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION a. Rezonin~ Request #lTl-R, Paul M. Buxton, Residential Single Family to Motion by Councilman Thomas to approve Rezoning Request #171-R as recommended by the City/County Planning & Zoning Board, seconded by Councilman Rubin. Discussion. Vote - Councilmen Thomas, Rubin, Watford and Collins - yea. ~.~otion carried. 87-16 b. Motion to read by title only an ordinance providing for ~ pub!i~ service fee and voluntary annexation in the city. ~otion by Councilman Collins, seconded by Councilman Watford. Discussion. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea Motion ~arried. ' Attorney Bryant read the title as follows: --~ ~ ORDINANCE PROVIDING POR A PUBLIC SERVICE FEE AND VOLUNTARY ANNEXATION IN THE ~?~CORPORATED LIMITS OF THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR ?URPOSE AND INTENT; PROVIDING FOR CALCULATION OF THE FEE; PROVIDING FOR PUBLIC ~ERVICE FEE LEVY; PROVIDING FOR PROCEDURE; PROVIDING FOR LIEN FOR UNPAID PUBLIC ~E~VICE FEES; PROVIDING FOR VOLUNTARY ANNEXATIONS; PROVIDING FOR SEVERABILITY; PR©VIDING A~ EFFECTIVE DATE. 4033 FEB 0 3 1987 c. Motion to approve the final readinq of an ordinance providinq for ~ public service fee and voluntary annexation in the city. Motion by Councilman Collins, seconded by Councilman Thomas. Discussion. Councilman Watford stated he understood there would be some difficulty in calculating the fees for the special taxing district counting the single family units in the city. Administrator Drago stated the Property Appraiser explained he could get the information for the city. Councilman Watford made a motion to amend the ordinance to delete Section 7, paragraph f, seconded by Councilman Collins for discussion. Councilman Collins asked for the Administrator to explain the reason for paragraph f. Administrator Drago explained the reason is the City would receive Ad Val revenue taxes sooner. -' Attorney Bryant read paragraph f of Section 7 for those in the audience as follows: "The final ordinance adoption, by the City Council, for any voluntary annexation will be done at the second regular council meeting in April. A copy of said ordinance and all other appropriate city documents will be given to the Okeechobee County Property Appraiser by May 1. All appropriate advertising requirements and approval of first readings of said ordinance will be accomplished to coincide with the requirements as stated above. If the petition is presented at a time that final adoption of the ordinance can be accomplished to meet the requirements as stated above, the presentation and approval of the ordinance for first reading may substitute for the resolution of final determination." Following discussion, Councilman Collins made a motion to table the ordinance until the next Council meeting, allowing the Administrator and Attorney time to reword certain portions of the ordinance, seconded by Councilman Thomas. Vote - Councilmen Collins, Thomas, Rubin and Watford - yea. Motion carried. G. OLD BUSINESS 87-24 Motion to approve the renewal of the ,arba~e, trash and other deb~i~ collection franchise agreement with L.P. Sanitation. Inc.. for five vea~s Motion by Councilman Collins, seconded by Councilman Thomas for discussion. Discussion ensued concerning the possibility of having the City's trash picked up on r~ondays instead of Saturdays. Ray Hoekstra of L.P. Sanitation stated it would involve some changes in the routes which would then entail higher operating cost which would have to be passed on to the consumer. Following discussion Mayor Chapman asked for a vote on the motion. Vote - Councilmen Collins, Thomas, Watford and Rubin - yea. Motion carried. ~7-1 4 First Readina of ordinance: a. A motion to read by title only. and set February 17. 1987, as the public hearina date. and ordinance providino for animal control. behavior and welfare Motion by Councilman Collins, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE PROVIDING FOR THE CONTROL, WELFARE AND BEHAVIOR OF ANIMALS IN THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR THE REPEAL OF ORDINANCES 410, 465; PROVIDING FOR DEFINITIONS; PROVIDING FOR DUTIES OF HUMANE OFFICER, CODE ENFORCEMENT OFFICER, POLICE OFFICER; PROVIDING FOR ANIMALS IN GENERAL; PROVIDING FOR VACCINATION; PROVIDING FOR LICENSE AND TAG REQUIREMENTS; PROVIDING FOR LIMITATION AS TO NUMBER OF ANIMALS; PROVIDING FOR ANIMALS-AT- LARGE OR RUNNING-AT-LARGE; PROVIDING FOR PROCEDURES IF AN ANIMAL HAS A DISEASE OR BITES A PERSON; PROVIDING FOR IMPEDING OFFICERS; PROVIDING FOR ANIMAL ~ELFARE; pROVIDING FOR A PUBLIC NUISANCE; PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS BY HUMANE OFFICERS AND OTHERS; PROVIDING FOR PENALTIES AND FINES; PROVIDING AN EFFECTIVE DATE. 4O34 FEB 0 3 1987 b. ~iotion tQ approv9 the first readinq of ~g ordinance providing for animal cQntrol, behavior and welfare Motion by Councilman Collins, seconded by Councilman Watford. Councilman Thomas asked whether all questions from the workshop had been added. Administrator Drago answered yes they had. Councilman ~tford asked if all Council was satisfied the cases would go to County Court and not the City Code Board. Council agreed they will go to County Court. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea. Motion carried. H. NEW BUSINESS An update on. items of i~ere$~ ~0 the city by County CommisgiQn~ Jack williamson Commissioner williamson stated he had nothing for the agenda from the County today. R7-20 Council's considera~iQp on ten~iv~ bid award to Rock-~-W~y - i~tercep~or sewer - EnQine~ Jim BrQome Jim Broome, Engineer, recommended Council tentatively accept the low bid of Rock-A-Way Construction in the amount of $651,943. Councilman Watford made a motion that the City tentatively accept the low bid of Rock-A-Way Contruction for the interceptor sewer in the amount of $651,943., seconded by Councilmen Collins and Rubin. Discussion. Councilman Watford asked Engineer Broome who was the bonding company for Rock-A-~{ay. Engineer Broome stated there was only a bid bond at this time but we would be assured of a good bonding company. Councilman Watford asked if Broome's firm would be handling the inspections. Engineer Broome answered yes. Councilman Watford asked if his firm could work with Rock-A-~{ay Construction satisfactorily. Engineer Broome stated yes, they have in the past. Councilman Watford asked if Broome felt Rock-A-Way has the expertise to do this job. Engineer Broome stated yes from their experience record they have done a number of projects of larger magnitude. Councilman Watford asked what was the time estimate for project completion. Engineer Broome answered - 270 days. Councilman Watford asked if he felt this was a sufficient amount of time. Engineer Broome answered - yes. Councilman Watford asked if there would be a penalty if the project was not completed in this amount of time. Engineer Broome answered, yes - liquidated damages of $500. a day, plus inspections. Following further discussion, Mayor Chapman asked for a vote on the motion. Vote - Councilmen Watford, Collins, Rubin and Thomas - yea. ~{otion carried. ~.COUNCIL REPORTS AND/OR REOUESTS 1. Councilman Collins Councilman Collins commented on local scuttlebut concerning Firemans Retirement in case of a merger. He explained they'll have two options: 1. Buy into County's Retirement or, 2. Keep present retirement with the City. 2. Councilman Thomas Nothing for today's agenda. 87-21 3. CQugcilman WatfQrd Councilman Watford requested that all of the Council be informed of all --- activities in City Hall concerning remodeling, etc. Stating Council should approve all unbudgeted expenditures. He further stated, "I do not object to changes, but I do object if they are not budgeted items. Such expenditures should be approved before the money is spent". 4O35 Councilman Thomas agreed the unbudgeted expenditures should be brought before the Council and that the $500. for Department Heads is to be used on budgeted items, the approval of expenditures up to $7,500. by the Administrator is for budgeted items only and Council's approval is needed for any and all expenditures not budgeted. Councilman Rubin agreed, and stated as a Councilman, he felt it was his duty to be informed of all activities in City Hall. Administrator Drago explained the City was paid moneys due from Widell and 87-21 Associates for broken water lines, employee over-time, etc., a little over $21,000., $12,000 has already been spent on the renovation work moving the Department of Public Works and Utilities downstairs. Following discussion, Councilman Thomas made a motion to ratify expenditures made and for the amount not to exceed $21,000., seconded by Councilman Rubin. Discussion. Councilman Watford asked Administrator Drago to explain the renovation plans. Administator Drago stated the renovation work is designed to make the public works and utilities departments more accessible to the public by moving them downstairs then moving the Administration office upstairs. Other plans are to fix up the employee lounge and purchase new office furniture, wall paper and carpet for the Administration office. Councilman Watford asked who was doing the work and was it by contract. Administrator Drago stated Paul Burdeshaw was doing the work by the hour, time and material. It is cheaper that way. Councilman Collins stated the renovation work had been discussed several times at Council meetings in the past. Hayor Chapman asked for a vote on the motion. Vote - Councilmen Thomas, Rubin, Collins and Watford - yea. Motion carried. 4. Councilman Rubin o~Councilman Rubin asked for an update on the Taddie contract status. Director Fortner stated he spoke with Attorney Steve Bull's office - the meeting with the two attorneys is scheduled for February 9th in Miami to set the ground rules for the evidence. The date for the arbitration will be set at the meeting on February 9, 1987. ~Councilman Rubin asked Administrator Drago for an update on the paving 87-~7 program. Administrator Drago stated the County Commission has to adopt an ordinance extending the gasoline option tax which would give the City the basis on which to go ahead with Council's approval to secure the funds to do the street paving. Street Director Elders has already measured the streets to be paved and resurfaced. The plans for those streets that have to be completely paved or resurfaced to bring them up to certain elevations still must be done. After this is completed, the City will be ready to request bids. 5. Mayor Chapm~ ~Hayor Chapman asked Attorney Bryant if the Hold Harmless agreement with the Farm Store on Highway 441 South had been completed. Attorney Bryant explained the status of the agreement, stating it should be completed this week. ~Mayor Chapman asked Commissioner Williamson if the County could possibly have a radio installed in the Building and Zoning Department for the Building Official's use in inspections. Commissioner Williamson stated they were planning on having this included the budget for the next year. ~7-21 6. Clerk Thomas Clerk Thomas asked the Council, "In reference to this $21,000. This is a Water and Sewer item, and I need a little clarification. You have ratified the expenditure up to $21,000. I have two questions: Is this $21,000. to take care of all the renovations that we intend, and are we going ~'to have a budget amendment in April to take care of these unbudgeted expenditures. Council agreed. Clerk Thomas explained Councilman Rubin has requested her assistance on the 87-9 following items: 1. Propose City Clerk draw up necessary ordinance providing for the establishment of seat numbers for City Council elections; 4036 1987 2. Establish a fee of 5% of the salary for all City candidates running for elective office of the City. 3. Amend ordinance setting dates of election to coincide with that of the county and state qualifying periods. Councilmembers discussed the proposed election changes agreeing to leave the ordinances as is. Not to change the present City election system. ADJOUR~]~.ENT There being no further discussion, the meeting was adjourned at 4:35 P.~. ATTEST: BONNIE S. TtlO~4AS, CM~ CITY CLERK THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIm! RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTI~.~ONY AND EVIDENCE UPON ~HICH THE APPEAL IS BASED. --~