1985-02-04 Regular Meeting3621
REGULAR MEETING MONDAY, FEBRUARY 4, 1985
The City Council of the City of Okeechobee, met in regular session in Council Chambers,
55 Southeast Third Avenue, Okeechobee, Florida at 7:00 P.M.
Chairman Oakland Chapman called the meeting to order with the following Councilmen
present:
Oakland R. Chapman, Chairman
Andy Rubin, Vice Chairman
Edward W. Douglas, Councilman
Oscar Thomas, Councilman
Nick Collins, Councilman
Others present were:
Bonnie S. Thomas, City Clerk
L.C. Fortner, Jr., Acting Administrative Assistant
Lester Jennings, Acting City Attorney
Lydia Jean Wilkerson, Deputy Clerk
AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by L.C. Fortner, Jr., followed by the Pledge of Allegiance.
85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE WORKSHOP MEETING OF 1-17-85
85-9 AND THE REGULAR MEETING OF 1-21-85
Chairman Chapman asked Councilmembers if there were any additions or deletions to the.
minutes. Councilman Rubin stated that in the minutes of the Regular Meeting of January 21, 1985
on page 9, the 13th paragraph, where he made a motion that a workshop meeting be called for the
purpose of discussing drainage, paving and traffic counters on January 28th, 1985, he stated that it
should state in the minutes that this workshop meeting was cancelled because of illness, and it should
be rescheduled. Chairman Chapman asked Councilmembers if the additional statement by Councilman
Rubin was satisfactory with them. Council agreed.
Councilman Rubin asked that the workshop meeting be rescheduled at this time. Chairman
Chapman stated the Council would consider setting a date at the end of the meeting.
Chairman Chapman noted that in the minutes of the Regular Meeting on page 3, Agenda Item
#VIII, where it states: 'Chairman Chapman asked for discussion', it should also state that he asked
for public comments, and there were none. Councilmembers agreed to the correction.
There being no further additions or deletions to the minutes of the Regular Meeting or
the Workshop Meeting, the minutes were approved as presented.
85-2 AGENDA ITEM #V - MAYOR OAKLAND CHAPMAN, ON BEHALF OF THE CITY COUNCIL, WITH
A SPECIAL PRESENTATION. ALSO, A PRESENTATION TO CHUCK ELDERS FOR TEN -YEARS
SERVICE WITH THE PUBLIC WORKS DEPARTMENT AND DEXEL BROCK FOR FIVE YEARS SERVICE
WITH THE POLICE DEPARTMENT
Chairman Chapman presented Councilman Douglas with a plaque in recognition of serving the
City of Okeechobee as Mayor for the years 1979 to 1984. Councilman Douglas thanked the Council
for the plaque.
Chairman Chapman presented Chuck Elders with a Certificate of Aprpeciation for ten -years
service with the City of Okeechobee's Public Works Department, and a Certificate of Appreciation to
Dexel Brock for five -years service with the City of Okeechobee's Police Department.
AGENDA ITEM #VI - APPEARANCES
1. Mr. Jim Horton of Madray Enterprises, along with Bill Miller of the Central Florida Re-
gional Planning Council, addressed Council and discussed the possibility of the City applying for
and administering grant funds through the CFRPC to assist Madray Enterprises in building a manu-
facturing plant.
Councilmembers discussed the application requirements, advertising deadlines, public hearing
11 notices and the appointment of a task force. (Deadline for filing grant application is Mar,ch,4,, 1985).
Councilman Rubin made a motion that the Planning Board be appointed as the task force.
Councilman Collins seconded the motion. Motion carried.
Chairman Chapman asked if there was a motion setting the public hearings. Councilman
Douglas made a motion to advertise the public hearings for February 14th and 28th, 1985. Councilman
Collins seconded the motion. Motion carried.
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Councilman Douglas made a motion to appoint Bill Miller of the FRPC as Chairman
of the Task Force. Councilman Thomas seconded the motion. Motion carried.
2. Mr. Dowling Watford appeared before the Council to discuss the Council's decision to
extend City sewer service beyond the City limits.
Mr. Watford addressed Council stating that he would like to respectively request that the
Council reconsider the repeal of the Resolution dealing with sewer service to County areas for the
following reasons: 1. The system belongs to the City. In case of a lawsuit, the City will be held
responsible. 2. The City supports the system. 3. Any excess capacity should be used for growth
within the City limits. 4. Annexation - the City must grow or it will stagnate. Sewer system is
the best bargaining chip the City has for annexation. 5. When the City offers sewer outside the
City limits, you are making the Sewer sytem a County wide system. The County was originally connected
in the 201 Facility, along with the City, and backed out. But now they are getting all of the benefits
of the sewer system, they would have originally had, for free. The City paid all of the costs. The City
paid the Engineering fees, all the special plans, all of the permits that were needed. The City accepted
the responsibility, and the City took the heat in the public hearings.
Chairman Chapman asked for any comments from the Council. Councilman Rubin stated that
he would have to disagree with a couple of the reasons Mr. Watford had made.
Mrs. Kathlyn Wherrell requested permission from Chairman Chapman to address Council.
Chairman Chapman recognized Mrs. Wherrell.
Mrs. Wherrell stated that she was a concerned City resident, and she felt the Council should
consider the City residents first, because the City residents had to pay franchise taxes, utility taxes,
etc., and if in the future any additional monies were needed, the City would go to the City residents
for the money, and not to the County residents who are receiving the City's water and sewer.
Councilman Collins informed Mrs. Wherrell that the Cityithe
was process of having a
cost rate study done on the cost the City could charge the County residents for water.
After further discussion by Council and members of the audience concerning the sewer system,
Mr. Watford asked Council members if they would reconsider the Resolution concerning sewer being dis-
tributed outside the City limits. Chairman Chapman stated that in his own opinion, no. No further
comments were given by Council on the matter.
Chairman Chapman recessed the rreeting at 8:25 P.M. The meeting called to order at 8:35 PAI.
85-13 AGENDA ITEM. #VII - ACTION BY THE COUNCIL CONCERNING THE CHOICE OF A FIRM TO
APPRAISE THE CITY OWNED 154-ACRE PARCEL PRIOR TO LISTING THIS PROPERTY FOR SALE
Chairman Chapman stated that action by the Council was needed concerning the choice of a
firm to appraise the City's 154 acre parcel, prior to listing this property for sale.
After Council's discussion concerning the appraisal, Councilman Collins made a motion to
hire the two local appraisers (Charles Robertson, $400.00 and Wayne Fulfor.d, $500.00). Councilman
Thomas seconded the motion. Chairman Chapman asked for discussion. With no discussion. 1vbtion carried.
85-14 AGENDA ITEM #VIII - ACTION BY THE COUNCIL RELATIVE TO A REQUEST BY RICHARD HALES
FOR APPROVAL TO CONNECT THE BRAHMAN THEATRE TO THE CITY'S SEWER SYSTEM
Chairman Chapman stated the next item for action by the Council was relative to a request
by Richard Hales for approval to connect the Brahman Theatre to the City's sewer system.
Councilman Thomas asked L.C.Fortner, Jr. if he Knew of any problem with this request.
Mr. Fortner stated there were not any problems.
Councilman Thomas made a motion that the Council approve Mr. Hales request for sewer
at the Brahman Theatre for 5,000 gallon of sewer per day. Councilman Rubin seconded the motion.
Motion carried with a unanimous vote.
85-19 AGENDA ITEM #IX -DISCUSSION BY THE COUNCIL OF PROPOSALS TO PROVIDE LEGAL SERVICE
TO THE CITY
Chairman Chapman asked for discussion by the Council concerning proposals for legal service
to the City.
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Councilman Collins stated that three bids were received by 10:00 A.M. as requested, but
Lester Jennings bid was not received until 10:55 A.M. Councilman Collins stated that Attorney Jennings
had been under the care of a physician the past weekend. He then asked if the Council would have to
check with the other three attorneys to see if they would agree that Attorney Jenningd proposal be re-
ceived. Director Fortner stated the advertisement states that the City reserves the right to waive
technicalities and informalities, and to reject any or all bids or parts of bids, for whatever reason, and
to accept the bid, or parts of bids which are, in the opinion of the City, to the best advantage of the
City.
Councilman Collins made a motion to accept Attorney Jennings' proposal. Councilman
Douglas seconded the motion. Motion carried.
Clerk Thomas opened Attorney Jennings proposal and read the results to Councilmembers
as follows:
Jerald D. Bryant Bryant &G:)ck John D. Cassels, Jr. Lester
Robert V. Kennedy Jenn i ngs
MONTHLY FEE- - - - - $ 900. $1,150. $1,500. $ 1,000:
ALTERNATE - - - - - 750. for 10 hrs.
or less +
65. hr. ea. hr.
over 10
FEE FOR LITIGATION- - • hr• out of court
80. hr. in court 60. hr. 90. hr. _ 90
no
LOCAL OFFICE STAFF- - 3, incl. 1 attorney 31= incl. 2 attys 10 incl. 2 attys response
MUNICIPAL EXPERIENCE
educational training Cassels: Assisted City
Atty. in 1979 with work
none specified in bid none specified in bid of Adjustments. Also spec.
City. Atty, Lake Petro. case
Kennedy: According to resume'
was appointed Municp. Clerk
Treas. in Geneseo, N. Y.
10-70 - 6-73
Councilman Collins made a motion to pick the two top choices of attorneys and set a date
to interview each of them, possibly the next meeting. Councilman Douglas seconded the motion.
Motion carried.
Each Councilman gave their opinion of which two attorneys should be interviewed, the results
were as follows: Councilman Collins - Jerry Bryant and Lester Jennings
Councilman Douglas — 11 it
Councilman Thomas - of of
Councilman Rubin - Bryant & Cook and John Cassels do Robert Kennedy
Chairman Chapman - abstained from voting since his daughter was a part time
employee from one of the lawyer's firm.
Councilmembers agreed to interview Attorneys Jerry Bryant and Lester Jennings at 6:00 P.M. on
February 18th, 1985, the next regularly scheduled Council meeting.
85-28 AGENDA ITEM #X - ACTION BY THE COUNCIL RELATIVE TO THE CONTINUATION OF AN AGREE-
MENT WITH THE OKEECHOBEE REHABILITATION FACILITY FOR MAINTENANCE OF VARIOUS
PLANTED AREAS WITHIN THE CITY AND DISCUSSION OF AN AGREEMENT PRESENTED FOR CON-
SIDERATION BY THE ECKERD YOUTH FOUNDATION
Director Fortner explained the two agreements to Councilmembers for their discussion.
Council discussed the two agreements and decided to stay with the Rehabilitation Facility with the
monthly pay increase of an additional $50.00 per month ($350.00 to $400.00).
Councilman Rubin made a motion that the City keep the agreement with the Rehabilitation
Facility. Councilman Douglas seconded the motion. Chairman Chapman asked for Council's discussion/
vote. Motion carried.
^85-18 AGENDA ITEM #XI - ACTION BY THE COUNCIL RELATIVE TO AUTHORIZATION TO ADVERTISE FOR
A FIRM QUALIFIED -TO PERFORM A COST OF SERVICE STUDY-NTREATMENT ARD DISTRIBUTION
A
N
IX
LI
Chairman Chapman stated that action was needed by the Council relative to authorization to
advertise for a firm qualified to perform a cost of service study on treatment and distribution of the
City's water and sewer service within and without the City limits.
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Director Fortner stated that he needed Council's authorization on whether or not they wished
to pursue the cost of service study.
Councilman Thomas asked Director Fortner for his recommendation. Director Fortner stated
that he would recommend the City have a CPA handle the cost of service study, also that the Council
needed to authorize advertising for proposals.
Councilman Thomas made a motion that the City advertise for a CPA for the cost of service
study. Councilman Collins seconded the motion. Motion carried.
85-21 AGENDA ITEM #XII - ACTION BY THE COUNCIL TO MAKE APPOINTMENTS TO THE CODE EN-
FORCEMENT BOARD
Chairman Chapman asked Director Fortner if the City had any applications for the Code
Enforcement Board. Director Fortner stated there were two applications for the Code Board, but one
present member needed to be discussed by the Council . Director Fortner said Building Official Westbrook
reported that Board Member Tommy Hoover is not residing in the City limits, therefore he needed to be
removed from the board, and asked if Council wished to appoint new members nov or wait until after the
workshop meeting scheduled with the County Commissioners concerning the Building Department merger.
Council decided to wait until after the Workshop Meeting with the County Commissioners to appoint
new members.
Councilman Douglas made a motion that the Council remove Tommy Hoover from the Code
Enforcement Board. Councilman Collins seconded the motion. Motion carried.
85-20 AGENDA ITEM #XIII - ACTION BY THE COUNCIL TO APPROVE THE APPOINTMENT OF RANDALL
L. BOYER TO THE BOARD OF TRUSTEES OF THE FIREMAN'S PENSION PLAN
Councilman Douglas made a motion that Randall L. Boyer be appointed to the Board of Truste(
of the Fireman's Pension Plan. Councilman Thomas seconded the motion. Motion carried.
85-24 AGENDA ITEM # XIV - DISCUSSION BY COUNCIL RELATIVE TO THE LEGALITY OF THE PROPOSED
HARTE HANKS TELEVISION CABLE RATE INCREASE
Chairman Chapman asked Director Fortner to begin the discussion. Director Fortner stated
that Attorney Jennings had given him his opinion today concerning the rate increase, he could read it
or the attorney could verbally tell the Council what it said.
Attorney Jennings stated that Harte Hanks believes that they can increase their rates five
percent, based on a Federal Law, without coming before the City Council on their franchise agreement.
Jennings' opinion was that Harte Hanks Cable Television would be violating their franchise agreement
with the City, by increasing their rates without the Council's consent. Therefore, the Council, could
cancel the franchise agreement.
Director Fortner stated they have already included the five percent increase on the billing.
Council discussed the situation. Director Frotner was instructed by Council to request Harte Hanks'
representative, Jim Morris, to attend the next Council meeting. Attorney Jennings was instructed to
write a letter to Harte Hanks concerning the rate increase included on the billing with Council's per-
mission.
AGENDA ITEM #XV - MAYOR TO CALL ON THE AUDIENCE FOR ANYONE WISHING TO ADDRESS
THE COUNCIL
Chairman Chapman asked if there was anyone in the audience wishing to address the Council.
There were none.
AGENDA ITEM # XVI - MAYOR TO CALL ON CITY CLERK, ATTORNEY, ADMINISTRATIVE ASSISTANT
AND COUNCILMEN FOR REPORTS AND/OR REQUESTS
Councilman Collins stated that he had asked L.C. Fortner, Jr. how much money he felt was
fair to compensate him for the extra work load he has taken on since being appointed Administrative
Assistant, and L.C. stated that an extra hundred dollars per week was satisfactory with him. Council-
man Collins then made a motion to pay L.C. Fortner, Jr. an extra hundred dollars per week,($5,200 for
52%eeks), effective when he took over the duties of Administrative Assistant. Councilman Thomas
seconded the motion. Motion carried.
85-22 Councilman Thomas stated that the City was talking about resurfacing S.W. 16th Street,
and the City only has a 40 foot right of way. He then suggested the Mayor contact the County to
see if there was any way the City and the County could work together in obtaining an additional 30 feet
on the north and south side of the old football field, in exchange for alleyways.
I
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Council discussed additional improvements that could be made the same time the streets
are being resurfaced, but decided to see if the City could negotiate with the County first.
Councilman Thomas suggested the Mayor and Director Fortner contact the County concerning
the negotiations of the right of ways and alleyways.
Councilman Thomas asked Director Fortner if the ordinance concerning the I.D.A. was
drawn up for Council's approval. Director Fortner read the ordinance draft, which was prepared by
Attorney Jennings as follows:
AN ORDINANCE AMENDING SECTION 18 OF CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA BY EXEMPTING
GOVERNMENTAL BODIES FROM THE PROVISION THAT WATER MAINS
EXTENDED MUST BE OF SUFFICIENT SIZE TO PROVIDE FOR FIRE
PROTECTION THROUGH THE INSTALLATION OF FIRE HYDRANTS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA THAT SECTION 18 OF CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF OKEECHOBEE IS HEREBY AMENDED TO
READ AS FOLLOWS:
Section 18-30. Extension of water system.
(a) All extensions of the water system shall be
installed with no expense to the city.
(b) All extensions shall be according to city
specifications and have water mains of sufficient size to
provide for fi ems_ ctection through the installation of fire
hydrants.
�TCc) Governmental bodies are exempt from the provisions
of B above provided said governmental bodies have an
independant source of water for fire protection.
(d) All requests for extensions shall be submitted to
the Public Works Office and approved by the City Engineer and
director of Utilities.
(e) This ordinance shall be effective immediately.
Passed this — day of February, A.D. 1985.
Okeechobee, Florida
Councilman Douglas made a motion that the ordinance be set for public hearing on February
18th, 1985. Councilman Thomas seconded the motion. Chairman Chapman asked for a vote on the motion.
Councilmen Douglas, Thomas,and Collins were in favor of the motion. Councilman Rubin opposed the
motion, stating the fact he would like to see the City Attorney meet with the County Attorney to try
and resolve any differences concerning the ordinance. Motion carried setting the ordinance for public
hearing on February 18th, 1985.
85-29 Director Fortner stated that he had a payment request from Widell and Associates in the
amount of $568,216.58, pending FmHA's approval. Councilman Douglas made a motion to approve the
payment request in the amount of $568,216.58, pending FmHA's approval. Councilman Collins seconded
the motion. Motion carried.
Director Fortner stated he had two change orders, the first one being clearing north of the
railroad on 3rd Avenue, moving the main over to the west side of the right of way, in the amount of
$1,597.52. The second change order being the changing of the force main West loth Avenue from a
six inch to an eight inch, the amount being $5,650.00. Councilman Rubin made a motion that both
change orders be approved, pending FmHA's approval. Councilman Douglas seconded the motion.
Motion carried.
Director Fortner reminded Council of the Workshop Meeting on Wednesday night, concerning
i
the Building Department merger.
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Councilman Rubin requested that a letter be sent to the County Attorney Kyle VanLand-
ingham, putting them on notice
Councilman Rubin requested that a workshop meeting be set up on February 28th, 1985 con-
cerning the paving, drainage and traffic controllers, the same meeting date as the 2nd public hearing
on the Block Grant, which would save the Council having to set up an additional meeting date.
Councilman Douglas advised Councilman Rubin that the meeting on February 28th, 1985 was
set up for the task force, the Council members would not be attending this meeting.
Chairman Chapman to Councilman Rubin that the Mayor would be setting the workshop meetings.
Councilman Rubin commented on the following items: Drainage N.W. section of the City,
The Florida Sunshine Law opinion requested by the former administrator, and the 10 year agreement
with Okeechobee Beachwater Association.
Concerning the agreement with the Okeechobee Beachwater Association, Councilman Rubin
stated that he felt the present Council should approve this agreement, before the Mayor signs it.
Director Fortner stated that the Council will still have to approve the final draft of the agreement
before the Mayor signs it.
Councilman Douglas stated that he received an invitation from the -Governor's Office for
Saturday, February 22, 1985, at the Capitol, where representatives from all over the state were to
meet to discuss the landscaping and refurbishing of the parkway going down from the Capitol Building.
Councilman Douglas stated that the Mayor of the City of Okeechobee was requested to be present to
represent the City, and asked that Mayor Chapman attend this affair representing the City of Okeechobee.
Chairman Chapman thanked Councilman Douglas for the offer, but due to the short notice he
would not be able to attend.
Attorney Jennings asked Council what meetings they wished him to attend. Chairman Chapman
stated they would like for him to attend all of the meetings; Council meetings, Code Enforcement
Board meetings, Planning Board meetings and all Workshop meetings, on a temporary basis until such
time as an attorney for the City was appointed.
Councilman Thomas asked if Wal-Mart had requested they be connected to the City sewer
system and approved. Director Fortner stated that the Council approved the connection at the last
Council meeting.
Chairman Chapman stated that he had a number of things to discuss, but due to the time he
would bring these up for discussion at the next Council meeting.
AGENDA ITEM #XVII - ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:35 P.M.
ATTEST:
2�
BONNIE S.THOMAS, CMC
CITY CLERK
KLAND !rZ!HA'Pk AN
CHAIRMAN
AGENDA
CITY COUNCIL MEETING
February 4, 1985 - 7:00 p.m.
I. Call to order.
II. Invocation offered by a member of the Ministerial Association.
III. Pledge of Allegiance led by Mayor Oakland Chapman.
IV. Approval of the minutes of the workshop meeting of January 17th and
the regular meeting of January 21, 1985.
V. Mayor Oakland Chapman, on behalf of the City Council, with a special
presentation. Also, a presentation to Chuck Elders for ten -years
service with the Public Works Department and Dexel Brock for five -years
service with the Police Department.
VI. Appearances:
1. Mr. Jim Horton of Madray Enterprises, along with Bill Miller of
the Central Florida Regional Planning Council, to discuss the
possibility of the City applying for and administering funds
through the Central Florida Regional Planning Council to assist
Madray Enterprises in building a manufacturing plant.
2. Mr. Dowling Watford to discuss the Councils' decision to extend
City sewer service beyond the City limits.
VII. Action by the Council concerning the choice of a firm to appraise the City
owned 154-acre parcel prior to listing this property for sale.
VIII. Action by the Council relative to a request by Richard Hales for approval
to connect the Brahman Theatre to the City's sewer system.
IX. Discussion by the Council of proposals to provide legal service to the
City.
X. Action by the Council relative to the continuation of an agreement with
the Okeechobee Rehabilitation Facility for maintenance of various planted
areas within the City and discussion of an agreement presented for con-
sideration by the Eckerd Youth Foundation.
X1. Action by the Council relative to authorization to advertise for a firm
qualified to perform a cost of service study on treatment and distribu-
tion of the City's water and sewer service within and without the City
limits.
XII. Action by the Council to make appointments to the Code Enforcement Board.
XIII. Action by the Council to approve the appointment of Randall L. Boyer to
the Board of Trustees of the Fireman's Pension Plan.
XIV. Discussion by Council relative to the legality of the proposed Harte-Hanks
television cable rate increase.
Xv. Mayor to call on the audience for anyone wishing to address the Council.
XVI. Mayor to call on the City Clerk, Attorney, Administrative Assistant and
Councilmen for reports and/or requests.
XVII. Adjournment.
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