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1987-09-24 Special Meeting4106 ~7_~3 SPECIAL MEETING THURSDAY. SEPTEMBER 24, 1987 A. CALL TO ORDER The special meeting was called to order at 3:30 P.M. B. MAYOR 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 Absent with consent City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Williams Present Mr. Jim Hicks of Southwest Florida Intergovernmental Risk Management Pool addressed Council to discuss the results of the study the Council requested. He requested the Council make a decision today as to whether or not they wished to join the risk management pool so they could meet their October 1st deadline. Mr. Glen Toby of Arthur J. Gallagher & Co. addressed Council to explain reasons the Council should join the risk management pool as follows: lower insurance costs, broader coverage, increased control, improved services, reduction of administrative cost and favorable track --~ record of pools. He explained a few of the possible disadvantages of pooling were: Sharing the losses with other members, possible poor program management, and the possibility of taking on a bad risk. Councilmembers discussed the pros and cons of joining the risk management program with Mr. Hicks and Mr. Toby. Following a lengthy discussion, Councilman Rubin made a motion that the City reject the offer to join the Southwest Florida Intergovernment Risk Management Pool, seconded by Councilman Collins. Vote - Councilmen Rubin, Collins, Watford and Thomas - yea. Motion carried. Councilmembers discussed the City's present insurance policy agreeing the City should inspect the City's present insurance program and draft bid specifications. There being no further business to discuss the meeting was adjourned at 5:15 P.M. ATTEST: BONNIE S. THOMAS, CMC 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. --~ 4107 REGULAR MEETING TUESDAY. OCTOBER 6; 1 987 A. CALL TO ORDER The meeting was called to order at 2:00 P.M. B. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Oakland Chapman, followed by the Pledge of Allegiance. C. MAYOR AND COUNCIL ATTENDANCE: Mayor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Arrived after roll call STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Williams Present D. MQtion t~ dispense with readi~q and approve the Summary of Council Action for the regular meetings September 1 and 15, special meetings of September 8 and 24, budqet workshQp Qf September 10 and budget hearings of September 14 and 21 Motion by Councilman Collins, seconded by Councilman Rubin. Vote - Councilmen Collins, Rubin and Thomas - yea. Motion carried. E. Motion to approve warrant reqisters for August ~nd September in the amount of $371.560.49 for General Fund; $248.035.77 fQr the Water Sewer Fund and $1,116,707,80 fQr Capital Pro~ects Fund Motion by Councilman Rubin, seconded by Councilman Collins to approve the warrant registers. Vote - Councilmen Rubin, Collins and Thomas - yea. Motion carried. F. REOUEST ~OR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS QN TODAY'S AGENDA. Administrator Drago requested partial pay request for Rock-A-Way be presented for approval under New Business. Council agreed. Councilman Collins requested the Department of Transportation members be allowed to address the Council concerning the new site for the Post Office following the scheduled public hearings. Council agreed. G. Open Public Hearinq for RezoninG Request and Ordinance Adoption: 1. Consider Petition 203-R for a rezoninq reques~ from Holding ~O Residential General-1 for property loc~ed a~ Block 32, 1Qts 4-7 inclusive Motion by Councilman Rubin, seconded by Councilman Watford to approve the rezoning request 203-R from Holding to Residential General-1. Mr. William Kennedy addressed Councilman stating he wanted to build a home on the described property. Council discussed with Mr. Kennedy their concern with the property being very low, asking if the property had been declared as "Wet Lands". Mr. Kennedy stated that he did not know whether the property had been declared "Wet Lands" but he would check into it. Councilman Collins asked the Council what the City's position would be concerning the street, access for the fire trucks, etc. Attorney Bryant stated that we have the dedicated right of way there but anything that's not open but needs to be opened must be done by the developer at his expense. Council explained to Mr. Kennedy that he, as the property owner, would be responsible for the street being improved to meet City specifications. Councilman Watford stated he felt the Council did not feel the property should be rezoned, but what justification would the Council have to deny the request. Attorney Bryant read the checklist from the ordinance which specified what changes might create problems in rezoning. Following discussion Mayor Chapman asked for a vote on the motion to approve the rezoning request. Vote - Councilmen Watford and Rubin - yea. Councilmen Collins and Thomas - nay. Mayor Chapman yea. Motion carried. 4108 2. Consider Petition 205-R for a rezonino reauest from Residential General-1 to Commercial II Permitted principal use for property located at 1002 N,W. 9~h Avenue Motion by Councilman Rubin, seconded by Councilman Collins approving rezoning request 205-R. Vote - Councilmen Rubin, Collins, Watford and Thomas - yea. Motion carried. 3. Motion to read by title only an ordinance amending the code of ordinances providing for a tax on electricity, bottled q~$ and telephone service Motion by Councilman Collins, seconded by Councilman Thomas for the ordinance to be read by title only. Vote - Councilman Collins, Thomas, Watford and Rubin - yea. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 15, ARTICLE I, SECTION 15-1 TO PROVIDE FOR A TAX ON EACH AND EVERY PURCHASE, IN THE CITY, OF ELECTRICITY, BOTTLED GAS (NATURAL OR MANUFACTURED) AND LOCAL TELEPHONE SERVICE, ALL IN ACCORDANCE WITH FLORIDA STATUTES, CHAPTER 166.231; PROVIDING AN EFFECTIVE DATE. 4. Motion to adopt the final readino of an ordinance amendinq the code of ordinance providinq for a tax on electricity, bottled oas and teleDhon~ s~rvi¢¢. Motion by Councilman Collins, seconded by Councilman Watford to adopt the final reading of the ordinance. .~lerk Thomas explained that United Telephone System and Florida Power & Light Company said they could not give the City the calcualtions as requested earlier by Councilman Watford, but provided as much information as they could. Vote - Councilmen Collins, Watford, Rubin - yea. Councilman Thomas - nay. Mayor Chapman - yea. Motion carried. 5. Department of Transportation Representative, Mr. Lott Mr. Lott addressed Council concerning the new site for the Post Office. He explained that the Department of Transportation would have to approve the plans to make sure access is safe. Council discussed the situation briefly and thanked Mr. Lott for taking time to appear before the Council. H. New Business: 1. Motion to approve a one Year employment service contract for the City Administr~to~ Motion by Councilman Rubin to approve the employment service contract, seconded by Councilman Collins. Vote - Councilmen Rubin, Collins, Thomas and Watford - yea. Motion carried. 2. Motion to approve an aoreement between the City and Rebecca Hardino to provide remedies for havin~ a portion of a ~ift station built on her DroDer~y Director Fortner explained the agreement to the Council. Following discussion, uouncilman Thomas made a motion to approve the agreement, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Watford and Rubin - yea. Motion carried. 3. Motion to approve an aqreement between the City and Thomas Funeral Home for disp0sinq of waste into the City's wastewater collection system Motion by Councilman Collins, seconded by Councilmen Rubin and Thomas to approve the agreement. Vote - Councilmen Collins, Rubin, Watford and Thomas - yea. Motion carried. 4109 0 $ f987 4. Motion tQ ~uthQ~ize the borrowing of 1.4 million dnllar~ frnm the ~ % S Bank for the street paving project Motion by Councilman Collins, seconded by Councilman Rubin that the City borrow 1.4 million dollars from the C & S Bank (Citizen & Southern Bank, Atlanta, GA.) Administrator Drago explained the interest will be 94% rate of prime which is presently 7.75%. Councilman Watford asked Public Works Director Elders to explain the street or shell roads to be paved. Director Elders stated that this money will only take care of 10 shell streets which will be 75% of the streets in the City. All older roads will be paved. Further discussion was held by Council concerning the repayment of the money to be borrowed. vote on motion authorizing the borrowing of 1.4 million dollars, Councilman Watford - nay, Mayor Chapman - yea, Councilman Collins - yea, Councilman Rubin - yea, Councilman Thomas - yea. Motion carried. 5. Motion to read by title only and set October 20, 1987 as the public hearing date. an ordinance relating to the development of land within the City Motion by Councilman Thomas, seconded by Councilman Rubin for the ordinance to be read by title only. Vote - Councilmen Thomas, Rubin, Watford and Collins - yea. Motion carried. Attorney Bryant explained that he has prepared two ordinances concerning development of land and impact fees, one for Council's consideration today, the other ordinance to be considered at the next regular meeting. Attorney Bryant read the ordinance title as follows: AN ORDINANCE RELATING TO THE DEVELOPMENT OF LAND WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR RESPONSIBILITY FOR COSTS OF CAPITAL IMPROVEMENTS TO ROADS AND RIGHTS-OF-WAY DEDICATIONS NECESSITATED BY DEVELOPMENT; PROVIDING FOR DETERMINATION OF CAPITAL IMPROVEMENTS REQUIRED BY DEVELOPMENT; PROVIDING FOR A LIEN AND FOR ENFORCEMENT; PROVIDING PROCEDURES FOR APPEAL; PROVIDING AN EFFECTIVE DATE. Attorney Bryant suggested the following should be included in Section 3 of the ordinance: Should the City Administrator for the proper determination pursuant to this section, require a study to be prepared and submitted at the expense of the person commencing the development or redevelopment, which study shall show the site-related improvements, and the cost thereof, necessitated by the proposed development or redevelopment. Hotion to approve the first reading of an ordinance relating to the development of land within the City Motion by Councilman Collins, seconded by Councilman Watford to approve the first reading, setting the second public hearing with the amendment as stated by Attorney Bryant. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea. Motion carried. 6. Partial Pay Request #4. $63,476.96 - Rock-A-Way Motion to approve the partial pay request in the amount of $63,476.96 to Rock-A-Way by Councilman Thomas, seconded by Councilman Rubin. Vote - Councilmen Thomas, Rubin, Watford and Collins - yea. Motion carried. COUNCIL REPORTS AND/OR REOUESTS: ~. q~ Councilman Collins asked Administrator Drago how long it would be before the City began paving City streets. Administrator Drago stated he hoped to have the request for bids completed this month. b~ Councilman Collins discussed the "Battle of Okeechobee" painting with Council, asking the Councilmembers to donate money to purchase the picture. Council agreed to donate the picture to the City. ~. ~j Clerk Thomas explained the Council needed to approve the Public Utility Budget. Motion by Councilman Watford to approve the Public Utility Operating Budget, (as set out in the City 1987-88 Budget Document), Revenues $1,538,516., Expenditures $1,538,516., seconded by Councilman Rubin. Vote - Councilmen Watford, Rubin, Collins and Thomas - yea. Motion carried. 4110 OCT 0 --~%,'1~7 Councilman WatfQ~d commended the employees of the Water Department for working overtime on a fire hydrant that was damaged. ~ Councilman WatfQrd discussed the drainage situation concerning Mrs. White's property. ~ Councilman Watford discussed the salary adjustments, and the procedures to be followed in determining the adjustments. He then requested a copy of the salary adjustments made, no names just salary and positions. q ~Councilman Rubin commented on the salary adjustments. ' ~Councilman Rubin stated a Central Florida Regional Planning Council meeting will be held Wednesday at the County Courthouse. 3' ~ Mayor Chapman explained that he had been receiving calls concerning septic tanks and asked Director Fortner to explain. Director Fortner stated that as of October 1 any company that pumps out septic tanks must treat and dispose of waste at an approved site. Onl~after sludge is treated properly can it be put on a field. Mayor Chapman asked for Council's opinion for soliciting at the main intersection. It was agreed that all organizations should be requried to get a permit. A final decision on continuing this practice will be made at a later date, in the meantime no permits will be issued. There being no further business to discuss the meeting was adjourned at 4:50 P.M. OAKLAND -R~.CHAPMAN ATTEST: BONNIE S. THOMAS, CMC 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.