Loading...
2001-02-06 RegularQ1 ,�� F� CITY OF OKEECHOBEE FEBRUARY 6, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: February 6, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Cleric. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Cleric. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 16, 2001 Regular Meeting. PAGE 1 OF 11 Mayor Kirk called the February 6, 2001 Regular City Council Meeting to order at 6:00 p.m. Pastor Weiss offered the invocation; Mayor Kirk the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Absent Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the January 16, 2001 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS YEA MOTION CARRIED. Z6 FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 2 OF 11 9�3 1W V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's 111 Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. 111 There were none. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 763 closing the Council Member Watford moved to read by title only, proposed Ordinance No. 763 closing the alley in Block 14 as alley in Block 14 as submitted by CBC Management, Inc. - City submitted by CBC Management, Inc; seconded by Council Member Oliver. Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 763 by title only. Mayor Kirk read proposed Ordinance No. 763 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 14, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITYITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 763. 111 Council Member Oliver moved to adopt proposed Ordinance No. 763; seconded by Council Member Williams. b) Public Comments. Mayor Kirk asked whether there were any comments and questions from the public. There were none. There was a brief discussion between Council and Staff. All surrounding property owners were notified, there were no responses received by Staff. The easement required is addressed in the ordinance. Council Member Watford thanked the Clerk's Office for supplying the packet of information and maps on this item. 9y FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 3 OF 11 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 764 closing the Council Member Oliver moved to read by title only, proposed Ordinance No. 764 closing the alley in Block 7 and a alley in Block 7 and a portion of NW 14' Street, 13' Street and 8' portion of NW 14" Street,13' Street and 8°i Avenue as submitted by Jim Byrd, seconded by Council Member Watford. Avenue as submitted by Jim Byrd - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 764 by title only 2. a) Motion to adopt proposed Ordinance No. 764. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk read proposed Ordinance No. 764 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 7, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 14TH STREET, NORTHWEST 13TH STREET AND NORTHWEST 8T" AVENUE AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Oliver moved to adopt proposed Ordinance No. 764; seconded by Council Member Williams. FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 4 OF 11 95 c) Vote on motion. Council Member Watford moved to amend Ordinance No. 764to require a thirty-five (35) foot easement on the III North side of the alley in Block 10 for a street; seconded by Council Member Oliver. Council Member Watford stated his concerns of the easement requirement and whether that an easement would be sufficient to authorize the City to install a road through the Block should it become necessary. Council Member Watford moved to table the adoption of proposed Ordinance No. 746 until the City Attomey_ is present; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER - NO OLIVER - YEA WATFORD - YEA WILLIAMS - No MOTION CARRIED TO TABLE. C.1. a) Motion to read by title only, proposed Ordinance No. 765 amending Council Member Oliver moved to read by title only, proposed Ordinance No. 765 amending the Future Land Use Map the Future Land Use Map as submitted by Kenneth Edwards, No. as submitted by Kenneth Edwards, No. 01-001-SSA; seconded by Council Member Watford 01-001-SSA - City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - NO OLIVER - YEA WATFORD - YEA WILLIAMS - No MOTION CARRIED. 96 FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 5 OF 11 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 765 by title only. Mayor Kirk read proposed Ordinance No. 765 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING TH FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 765. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. Council Member Oliver moved to adopt proposed Ordinance No. 765; seconded by Council Member Chandler. Mayor Kirk asked whether there were any comments or questions from the public. City Planning Consultant, Mr. John Domer of LaRue Planning Services reviewed the application as submitted by Mr. Kenneth Edwards. The Land Planning Agency is recommending approval. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:55P.M. A.1. a) Motion to read by title only, and set February 20, 2001 as a public Council Member Watford moved to read by title only, and set February 20, 2001 as a public hearing date for proposed hearing date for proposed Ordinance No. 766 regarding a re- Ordinance No. 766 regarding a re -zoning submitted by Robin Lamb and Michelle Connelly, Petition No. 01-001-R; zoning submitted by Robin Lamb and Michelle Connelly, Petition seconded by Council Member Oliver. No. 01-001-R - City Attorney (Exhibit 4). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 6 OF 11 97 VII. NEW BUSINESS CONTINUED. A.1. c) Attorney Cook read proposed Ordinance No. 766 by title only. Mayor Kirk read proposed Ordinance No. 766 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF) ZONING DISTRICT TO RESIDENTIAL MULTI- FAMILY(RMF) ZONING DISTRICT, AMENDING THEZOmNG MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILrrYAND AN EFFECTIVE DATE.. " 2. a) Motion to approve the first reading of proposed Ordinance No. 765. Council Member Oliver moved to approve the first reading of proposed Ordinance No. 765; seconded by Council III Member Watford. b) Discussion. City Planning Consultant, Mr. John Domer of LaRue Planning Services addressed the Council explaining that the application is out of sequence and it is Staffs recommendation that the Council approve the first reading, but not set the hearing date for February 20, 2001. This property has to undergo a Rezoning, Future Land Use Map Amendment and Special Exception in order to develop it into the Day Care Facility as requested by the applicants. The Rezoning should not be adopted until the Future Land Use Map Amendment is considered by the Land Planning Agency and City Council. Following further discussion, Council agreed with Staff recommendation and instructed the Administrator to putthe item on the next agenda (February 20, 2001) since that motion has already been voted on and the Council will table it until the Future Land Use Map Amendment is considered. Note: This item will appear on the February 20, 2001 Agenda as a public hearing item with the understanding that it must be tabled at that meeting. A Future Land Use Map Amendment is scheduled for the Land Planning Agency February 27, 2001 meeting. The application will then be forwarded to the City Council in ordinance form at the March 6, 2001 Meeting. If Council approves the map amendment, the rezoning request can be presented for final public hearing and action taken at the March 20, 20001 meeting. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1R; FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 7 OF 11 VII. NEW BUSINESS CONTINUED. A C. Motion to approve the 2001 Grievance Committee Members: Fire Department: Jeff Baugh, Regular Member William Douglas, Alternate Public Works: Cleveland Lamb, Regular Member Jeff McCabe, Alternate Police Department: William Hill, Regular Member, David Wilbur, Alternate Administration, General Services Finance and Robin Brock, Regular Member Clerk's Office: Lane Gamiotea, Alternate Discussion regarding salary provisions for Bettye Taylor during her convalescence - City Administrator. Council Member Oliver moved to approve the 2001 Grievance Committee Members: Fire Department: Jeff Baugh, Regular Member, William Douglas, Alternate, Public Works: Cleveland Lamb, Regular Member, Jeff McCabe, Alternate, Police Department: William Hill, Regular Member, David Wilbur, Alternate, Administration, General Services, Finance and Clerk's Office: Robin Brock, Regular Member, Lane Gamiotea, Alternate, seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach addressed the Council stating, as you know we have an employee who is planning to undergo surgery next week and that comes back to our GRIT issue in which due to the default or bankruptcy of GRIT the City has the obligation of accepting responsibility for medical payments, that we are not going to go into tonight. The other obligation that we have here tonight according to our Personnel Manual is that we pick up the first ninety days of her salary. In this particular case we will be doing that in whole whereas if we had workers' compensation insurance for this period of time they would pick up 66 213 percent. The City, by their own policy for the first ninety days picks up the other 33 1/3 percent. The question that I have for you tonight is whether you could offer Staff and the employee some direction. It is anticipated and projected by the employee's physicians that her convalescence period of time that she will be off of work will exceed ninety days. At that time, the City will need to let her know if she can assume she will still be at 100 percent pay. Mayor Kirk began the discussion with Council by stating he did not think it was due to anything the employee did to be in a situation of where the medical costs were not being picked up and it would behoove the City to pick up the rest of the salary also. Council Member Watford asked Mayor Kirk, after the first ninety days? Mayor Kirk responded yes. Council Member Oliver questioned whether the insurance company defaulted? Administrator Veach responded yes. Council Member Oliver continued, does the agent who sold us the insurance have any obligation or liability? Administrator Veach answered, with all due respect to your question, that question is getting into a legal issue which the City Attorney is looking at, what our legal options are. He continued, that while he could give the Council his version of the answer he would prefer that the answer come from Attorney Cook. FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 8 OF 11 99 VII. NEW BUSINESS CONTINUED. C. Discussion regarding salary provisions for Bettye Taylor during her Council Member Oliver also asked to Chief Davis whether he would have any light duty Detective Taylor could preform? convalescence continued. Chief Davis responded yes, but only with her doctor's permission. Council Member Oliver also added that he felt that an employee who is hurt on the job should deserve full pay throughout their convalescence period, whatever that time may be. Council Member Watford stated that in his opinion, this issue has the potential of being the most important issue that the City Council has had before it in some time. The Council should instruct the Attorney to immediately and vigorously speed up the process of this issue, and immediately cannot be stressed enough. The Council needs to know what options we have, make a decision and pursue them because now it is urgent, very, very urgent. He then asked Clerk Thomas howthe benefitis outlined in the Personnel Manual for an employee to receive full pay while on convalescence. Clerk Thomas read the "Job Connected Injury Benefit" section of the Personnel Manuel, `The employee will receive the difference between what the Workers' Compensation benefit pay is and his/her normal salary equaling 100 percent .... up to ninety days. Extension beyond ninety days may be made by the City Council, in increments up to ninety days. Council Member Watford commented that the City bends over backwards for ninety days and that was a huge benefit in itself. Council Member Chandler interjected that the employee has a lot of time and years in the City, she was hurt on the job and he is a firm believer in doing whatever we can to help her get back on her feet and get back to work. Council Member Williams added that he was confident Ms. Taylor would be back to work as soon as she was able to with doctor's permission and that she would be willing to do light duty with the doctor's permission. Council Member Williams moved that the City extend the second ninety day period at 100 percent salary; seconded by Council Member Chandler. Mayor Kirk, Council Members Watford and Oliver, again stressed the importance of the City Attorney being very diligent about resolving this issue. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - NO WILLIAMS - YEA MOTION CARRIED. 100 FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 9 OF 11 VII. NEW BUSINESS CONTINUED. D. Motion to approve quote for flashing lights at NW 9' Avenue and Administrator Veach addressed the Council, this is a little bit unusual in that we are coming to you with quotes rather 9t' Street and NW 9"' Avenue and 6' Street- City Administrator than bids, we started this process not knowing that we would exceed the fifteen thousand dollar mark. Attorney Cook (Exhibit 5). has advised the Council can approve the quotes, it is not a legally mandated issue. We can do it either way that the Council desires, we can go back and bid it or accept the quotes as they stand. Council and Staff discussed the exact location of the proposed flashing caution lights and whether they are considered an urgent item. Chief Davis also informed the Council that speed bumps had been installed at these intersections and additional signs erected warning traffic of the intersection. Mayor Kirk called for a motion three times. Motion died for lack of second. E. Motion to approve proposed new fire hydrants for this fiscal year - III Council Member Chandler moved to approve proposed new fire hydrants for this fiscal year; seconded by Council City Administrator (Exhibit 6). Member Williams. Council, Staff and the Okeechobee Utility Authority (OUA) Executive Director, LC. Fortner discussed the proposed fire hydrants at length. The Council again stressed the importance of resolving the issue of who will pay for the new fire hydrants, the City or the OUA. Administrator Veach was instructed to follow up to the OUA Board through Mr. Fortner as to whether the OUA would cover the cost of labor for installing the hydrants and the City pay for all materials and supplies. Council Member Oliver moved to amend the motion to approve the proposed new fire hydrants for the fiscal' year, to include onlythe five hydrants proposed for Northwest 6th Street, and add one at the cornerof Northwest 10eh Avenue and 6th Street; seconded by Council Member Watford. Those proposed hydrants according to maps provided by Chief Tomey are at the following intersections: (1) Northwest 11' Avenue and 6' Street; (2) Northwest 10' Avenue and 6' Street; (3) Northwest 9' Avenue and 6' Street; (4) Northwest 7t Avenue and 6t Street; (5) Northwest 5t Avenue and 6t Street and (6) North ParrottAvenue and 6th Street. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 10 OF 11 101 VII. NEW BUSINESS CONTINUED. E. Motion to approve proposed new fire hydrants for this fiscal year continued. F. Motion to approve police station telephone bid - City Administrator (Exhibit 7). VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. Council Member Oliver moved to approve police station telephone bid in the amount of seventeen thousand, two hundred fourteen dollars, and fifty-four cents ($17,214.54) to Seminole of Okeechobee; seconded by Council Member Chandler. Council Member Oliver asked whether this was in the budget? Administrator Veach explained that this is coming out of the Emergency and Disaster Relief Fund, the ancillary payments that are made in association with the construction of the police station. It will not be in the budget until you approve it. Council Member Watford asked, but there is enough in there to do what we are doing, the Administrator replied yes. Mr. Dan Ranco of Arrow Communications, Inc., addressed the Council stating, we were one of the bidders. Arrow Communications represents Lucent Teleologies which is formally AT & T. While our bid is slightly higher than the lowest bid we just wanted to bring to your attention that Lucent is the largest manufacturer and supplier of phones systems in the United States. As such, more than 35 percent of all businesses use Lucent Teleologies. Over 70 percent of all fire and police departments in the Country use a AT & T or Lucent Telephone System. I was just wanting you to consider that factor because this is your police department you are talking about and you probably want to put in the best system you could possibly get for that purpose. Our bid met all specifications, and they were very stringent specifications. I just hope that you have given due consideration to that fact and that you study very carefully the other bids. Even though they may be a little lower, that they do meet your criteria and provide you with a system that will last you a long time for the Police Department. Council Member Watford asked who installed the current system in City Hall. Administrator Veach answered, CIVIL Communications and they currently maintain it, that service has been satisfactory. Mr. Watford continued, we did not have a recommendation, and whether the Council was to assume the recommendation is for the lowest? Administrator Veach replied that he and Chief Davis went over the lowest bid, it met all the specifications that were asked for. We checked with a couple of references and found no reason not to accept the lowest bid. It does meet specifications, asked Council Member Watford, yes replied the Administrator, not being an expert in telephones, but being as sure as I can be yes. 102 FEBRUARY 6, 2001 - REGULAR MEETING - PAGE 11 OF 11 VII. NEW BUSINESS CONTINUED. F. Motion to approve police station telephone bid - City Administrator (Exhibit 7). VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES To APPEAL ANY DECISION MADE BY THE CITY COUNCIL WTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMO ND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: B-onnie S. Thomas, CMC, City Clerk Council Member Williams asked whether in the specifications it listed that they maintain the system for a year. Administrator Veach answered there is a two year warranty. Council Member Oliver asked Chief Davis whether he was satisfied with the bid? Chief Davis replied yes, and he was told that Seminole was who installed the current telephone system they are using and there has not been any problems with it. Council Member Watford added that he urged Staff to be sure that there is no interferences between the radio's and telephones systems. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:15 p.m.