1985-04-01 Regular MeetingA
3673
A - � - %,5
REGULAR MEETING MONDAY, APRIL 1, 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 R. Chapman called the meeting to order with the following Council -
members present:
Oakland R. Chapman, Chairman/Mayor
Andy Rubin, Vice-Chairman/Vice Mayor
Edward W. Douglas, Councilman
Oscar Thomas, Councilman
Nick Collins, Councilman
Others present were:
Bonnie S. Thomas, City Clerk/Finance Director
L.C. Fortner, Jr., Administrative Assistant
Jerry Bryant, City Attorney
Lydia Jean Wilkerson, Deputy Clerk
AGENDA ITEMS # II & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by Reverend Edgar Taylor, Pastor of the North Okeechobee
Church of God, followed by the Pledge of Allegiance.
85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES
Chairman Chapman asked if there were any additions or deletions to the minutes of
the Regular Meeting of March 18, 1985. There being no additions or deletions to the minutes
they were considered approved as presented.
85-2 AGENDA ITEM #V - MAYOR CHAPMAN, ON BEHALF OF THE CITY COUNCIL, WITH A PRESENTATION TO
JODY RAULERSON FOR FIVE YEARS SERVICE WITH THE CITY WATER DIVISION
This agenda item was bypassed at this time as Jody Raulerson was not present at
the meeting.
85-36 AGENDA ITEM #VI - APPEARANCES:
a) Mr. Jim Broome to discuss Change Orders required in the construction of
the wastewater collection system and treatment plant.
Mr. Jim Broome was not present at the meeting to discuss the change orders at this
time.
85-3 b) Mr. Jim Zayti to present a proposal for paving City streets.
Mr. Jim Zayti was not present at the meeting to present the proposal to the Council
at this time.
85-39 c) Mr. Dennis Mulberger to answer any futher questions Council may have relative
his request to purchase a portion of the street right-of-way of S.W. 7th Avenue
between South Park and S.W. 2nd Street.
Mr. Dennis Mulberger addressed Council stating he would still like to purchase the
City right-of-way at S.W. 7th Avenue between South Park Street and S.W. 2nd Street, to
be used for a parking lot.
Councilman Collins asked Mr. Mulberger if he would agree to the stipulations such
as the beginning date of construction must be within one year, and the inclusion of a
reverter clause. Mr. Mulberger said he would agree with these stipulations.
Councilman Collins stated that he had looked over the property, and felt this property
could not be used by the City. Councilman Collins made a motion that the City grant Mr.
Mulberger's request to purchase a portion of the right-of-way, providing the construction
begins within one year and a reverter clause be included in the contract. Councilman
Thomas seconded the motion. Chairman Chapman asked if there was any further discussion on
the motion. Councilman Rubin stated that he would agree to granting Mr. Mulberger's request
as long as the beginning construction date and the reverter clause were included.
Chairman Chapman asked for a vote on the motion. Councilmen Collins, Thomas and Rubin were
in favor of the motion. Councilman Douglas opposed the motion. Chairman Chapman voted
in favor of the motion. Motion carried.
Chairman Chapman stated that Attorney Bryant and Director Fortner would work out the
necessary paperwork. (Agreement to purchase).
AGENDA
CITY COUNCIL MEETING
April 1, 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 regular meeting of March 18, 1985.
V. Mayor Chapman, on behalf of the City Council,with a presentation to
Jody Raulerson for five years service with the City water division.
VI. Appearances:
a) Mr. Jim Broome to discuss Change Orders required
in the construction of the wastewater collection
system and treatment plant.
b) Mr. Jim Zayti to present a proposal for paving
City streets.
c) Mr. Dennis Mulberger to answer any further ques-
tions Council may have relative to his request
to purchase a portion of the street right-of-way
of S.W. 7th Avenue between South Park and S.W. 2nd
Street.
VII. Discussion and action by Council on approval or modification of the
Interlocal Agreement between the County and City providing for the
merger of the building departments.
Viii. Public hearing and final reading of an amendment to Ordinance 514,
concerning increase of water deposits. Further discussion concerning
disposition of monies received for the purpose of deposit increase
since passage of Ordinance 514 October 1, 1984.
Ix. Discussion and action by the Council relative to a decision on the
amount the City will contribute toward payment of insurance premiums
for retired employees participating in the City's group health plan.
X. Council discussion and approval of bids received to furnish pipe and
fittings for the water line to be installed in Okeechobee Park.
Xi. Mayor to call on the audience for anyone wishing to address the Council.
XII. Mayor to call on the City Clerk, Attorney, Administrative Assistant and
Councilmen for reports and/or requests.
XIII. Adjournment.
3674
Director Fortner asked if the Council wished to hire the property appraisers at this
time to give the City the value of the property.
Councilmembers discussed whether the City or Mr. Mulberger would pay for the appraisals
After discussion, Councilmen Collins and Douglas stated they felt the City should pay for
the apraisals.
Councilman Collins made a motion that the City hire two property appraisers to make
an appraisal on the property. Councilman Thomas seconded the motion. Chairman Chapman
asked for a vote on the motion. Councilmen Collins, Thomas and Rubin voted for the motion.
Councilman Douglas voted against the motion. Chairman Chapman voted for the motion. Motion
carried.
85-37 AGENDA ITEM #VII - DISCUSSION AND ACTION BY COUNCIL ON APPROVAL OR MODIFICATION OF THE
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND CITY PROVIDING FOR THE MERGER OF THE BUILDING
DEPARTMENTS
Director Fortner stated there were a few blanks in the Interlocal Agreement which
the Council needed to complete. Also, the County Commissioners have in the agreement that
there would be two members on the Planning & Zoning Board which live in the City limits,
and these two positions will be appointed by the County Commissioners. Director Fortner
suggested the Council request three members from the City be on this board, and that they
be appointed by the City Council not the County Commissioners. Councilmembers agreed.
Councilman Collins stated.that he felt the City departments such as the Water and
Sewer Division, and the Fire Department, should review the plans for all of the buildings
to be built within the City limits, before a building permit was issued. Councilmembers
agreed to this being changed also in the agreement.
Director Fortner stated he felt the Building Official's vehicle should remain the
Citys in case the plan between the City and County Building Department merger is terminated
for some reason. Council agreed.
Director Fortner stated these changes would be made, and the Interlocal agreement
would be re-submited to the County Commissioners. The effective date of the Building
Department merger will not be completed until the agreement is approved by the County
Commissioners.
Director Fortner stated he had contacted an Actuarial Service concerning the Building
Official remaining in the City's retirement system, although he would be considered a
County employee. He was told, since the employers (City and County) were changing the
departments, and not the employee, he could remain in the retirement system effective as of
the date the Interlocal agreement is signed, without any futher payments being made, as
long as the employee worked with the County until August, 1985, which would be the employees
fifth year in the retirement system.
Councilmembers agreed for Attorney Bryant and Director Fortner to correct the agree-
ment as requested by Council.
85-6 AGENDA ITEM #VIII - PUBLIC HEARING AND FINAL READING OF AN AMENDMENT TO ORDINANCE #514
CONCERNING INCREASE OF WATER DEPOSITS. FURTHER DISCUSSION CONCERNING DISPOSITION OF
MONIES RECEIVED FOR THE PURPOSE OF DEPOSIT INCREASE SINCE PASSAGE OF ORDINANCE 10-1-84
Councilman Douglas made a motion for Chairman Chapman to read the ordinance by
title only. Councilman Thomas seconded the motion. Motion carried.
Chairman Chapman read the ordinance as .follows:
AN ORDINANCE AMENDING ORDINANCE NO. 514 OF THE ORDINANCE CODE OF THE CITY OF
OKEECHOBEE AMENDING CHAPTER 18, ARTICLE I, SECTION 18-4, PROVIDING REGULATIONS
RELATIVE TO UTILITY DEPOSITS, DELETING THE WORD "MAY" IN THE FIRST SENTENCE
AND REPLACING IT WITH THE WORD "SHALL"; PROVIDING AN EFFECTIVE DATE.
and asked for discussion. There being no discussion, Councilman Douglas made a motion that
the ordinance be approved. Councilman Rubin seconded the motion. Motion carried.
0
3675
85-16 AGENDA ITEM #IX - DISCUSSION AND ACTION BY THE COUNCIL RELATIVE TO A DECISION ON THE
AMOUNT THE CITY WILL CONTRIBUTE TOWARD PAYMENT OF INSURANCE PREMIUMS FOR RETIRED EM-
PLOYEES PARTICIPATING IN THE CITY'S GROUP HEALTH PLAN
Director Fortner explained the City was notified in December of 1984, that any
employee that had worked for the City and retired, beginning April 1, 1985 would be
eligible to participate in the City's Group Health Insurance Plan. The two (2) retired
members were notified, and both signed the necessary paper work in order for them to
participate in the Health Insurance plan. The City's policy has been set by the Council,
that the City would pay the employees monthly premiums, and those employees who have
family coverage - the City is paying an additional $18. to $19. towards the family coverage.
The policy rates are as follows: Over 65 the yearly premium would be $540.00. Under
65 the yearly premium would be $774.24. The decision of whether the City should pay the
premiums for the retired employees is up to the Council.
Councilman Thomas stated there were only two employees presently, but in the future
this could become quite costly for the City.
Councilman Collins stated he would like to see the City pay the premiums for those
employees who have retired from the City.
Councilmembers discussed the matter briefly, and decided to table the item for now.
85-7- AGENDA ITEM #X - COUNCIL DISCUSSION AND APPROVAL OF BIDS RECEIVED TO FURNISH PIPE AND
FITTINGS FOR THE_WATER LINE TO BE INSTALLED IN OKEECHOBEE PARK
Director Fortner stated bids were received on the pipe and fittings for the water
line to be installed in Okeechobee Park. The tabulation of the bids received for pipe
and fittings at the 2:00 bid opening March 22, 1985:
COMPANY
Davis Meter and Supply Co.
West Palm Beach, Fl.
Southeastern Municipal Supply Co.
Riviera Beach, F1.
Underground Supply
Ft. Lauderdale, F1.
Hughes Supply, Inc.
Riviera Beach, Fl.
B & H Sales
Lake Park, F1.
Sunstate Meter & Supply, Inc.
Gainesville, F1.
Sav-On Utility Supplies, Inc.
Ft. Lauderdale, F1.
Industrial Supply Corp.
AMOUNT OF BID
$27,482.00
$27,867.12
$28,973.16
$29,351.43
$29,520.00
$33,628.34
REJECTED/INCOMPLETE BID
NO BID
Director Fortner suggested the Council accept the low bid of $27,482.00 from Davis
Meter and Supply Company, of West Palm Beach, Florida.
Councilman Thomas made a motion the Council accept the low bid of $27,482.00 from
Davis Meter and Supply Company of West Palm Beach, as suggested by Director Fortner.
Councilmen Douglas and Collins seconded the motion. Motion carried.
AGENDA ITEM #XI - MAYOR TO CALL ON THE AUDIENCE FOR ANYONE WISHING TO ADDRESS THE COUNCIL
Chairman Chapman asked for audience comments. There were no comments.
AGENDA ITEM #XII - MAYOR TO CALL ON THE CITY CLERK, ATTORNEY, ADMINISTRATIVE ASSISTANT AND
COUNCILMEN FOR REPORTS AND/OR REQUESTS
Ai Clerk Thomas presented the Warrant Registers for Council's approval.
3676
61 Attorney Bryant stated that he had checked into the request of Councilman Thomas
concerning a plumbing permit not being required for those people who are installing their
own sewer lines. Attorney Bryant said that he could not see a way to change the procedures
at this time. He suggested the Council leave the procedures of permits being purchased
as they are.
Councilmembers discussed the matter briefly and agreed with Attorney Bryant.
Director Fortner stated the City received a letter from the South Florida Water
Management District requesting the City adopt a Water Shortage Ordinance in the event
we do not start the substantial rainfall, where it would not fall into an emergency
situation.
Councilman Douglas made a motion that the ordiance be read by title only. Councilman
Collins seconded the motion. Motion carried.
Attorney Bryant read the ordinance title as follows:
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION
OF ORDINANCE; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EMERGENCY ENACTMENT; AND PROVIDING AN
EFFECTIVE DATE.
Councilman Douglas made a motion that the ordinance be set for second and final
hearing on April 18, 1985. Councilman Rubin seconded the motion. Motion carried.
85-29 2, Director Fortner stated he had a pay request from Taddie Underground, $320,192.55,
to be approved by Council, pending Farmers Home approval.
Councilman Collins asked if Director Fortner was holding back a certain amount of
the pay request. Director Fortner answered yes.
Councilman Rubin asked if 20% was being withheld. Director Fortner stated that he
was not sure of the exact percentage being withheld, but Taddie was working with the City
trying to correct some the problems previously made.
Councilmembers discussed several different problems which were created by the con-
tractors, and the same being corrected.
Chairman Chapman asked Director Fortner if any of the sewer line connections, which
were installed in the wrong place, had been replaved in the proper place. Director Fortner
stated -these -mistakes were being corrected.
Councilman Collins made a motion the pay request from Taddie Underground be approved
in the amount of $320,192.55, pending Farmers Home approval. Councilman Douglas seconded
the motion. Motion carried.
85-7 D Councilman Collins stated he would like to discuss Agenda Item #VIII - Ordinance
on Water Deposits. He suggested the City wipe the slate clean by removing the total number
of months the water customers were late in paying their bills, allowing the customers anoth,
chance to pay their bills on time, and not be required to upgrade their deposit to $75.00.
For those who have already paid the additional deposit, hold their deposit for three months
if in three months their payments were not late, their deposit would be credited to their
account. He explained the poor wording on the City's water bills, were miss -leading to the
h
customers, therefore, he felt the City should wipe the slate clean and start over again.
' Chairman Chapman stated the commercial accounts needed to be included in this also.
Attorney Bryant stated that he could not see any problem with Councilman Collins'
suggestion.
Councilman Douglas stated the majority of these people, were repetitious in paying
' their, bills late, and he did not see why we should wipe the slate clean - they owed the
money, they used'the water and they have been late in paying, they know when their bills
are due. Therefore, he did not; agree with wiping the slate clean.
3677
Councilman Rubin stated that as long as the City was allowing a certain number
of days (grace period) for those on fixed salaries, he would agree to leave the situation
as it is now, without wiping the slate clean.
Chairman Chapman stated he was in favor of wiping the slate clean.
Director Fortner explained to Councilmembers one example of why he wanted the
ordinance changed. A commercial account operating under a $100.00 deposit. Their water,
sewer and garbage bill ran $900.00 per month (during the winter months). They had been
instructed to upgrade their deposit. They have not increased their deposit. They are
closing their doors. They owe the City $912.00, plus another half a month ($350.00 to
$400.00). Whether the City will ever collect that bill we do not know.
Councilman Rubin asked if the business had any merchandise where the City could
place a lein on it. Director Fortner stated they were renting the store, and he was not
sure the City could place a lein on the merchandise or not.
Chairman Chapman asked if there was a motion concerning wiping the slate clean.
Councilman Collins made a motion that the past slate of three months past due be
wiped clean, and start from whatever date is necessary, and the City holds the customers
additional deposit for three months and then apply the credit to their bill. Councilman Thanas
seconded the motion for discussion. Chairman Chapman asked for a vote on the motion.
Councilmen Collins and Thomas voted for the motion. Councilmen Douglas and Rubin voted
against the motion. Chairman Chapman voted for the motion. Therefore, the motion carried.
85-17
'2 Councilman Thomas questioned the status of the Block Grant the City was trying to
obtain for Madray Enterprises. Director Fortner stated that Madray was still gathering
information for their application. They have until May 6th, to file that application.
r. Councilman Douglas asked Clerk Thomas about the payment of $5,250.00 to Peat, Marwick
Clerk Thomas answered Councilman Douglas by saying this was the payment for the City's
audit this past year. (1983-84)
Councilman Rubin asked'Clerk Thomas if the amount paid for insurance was the vearly
premium or monthly payment. Clerk Thomas answered it was the monthly payment.
85-8
Councilman Douglas made a motion that the Warrant Registers for the Water and Sewer
Fund in the amount of $25,261.30. The General Fund in the amount of $25,640.11.
Councilman Rubin seconded the motion. Motion carried.
Clerk Thomas stated that Mr. Julian Stenstrom of Cardinal Industries called stating
he wished to convey to the City Council, City Clerk and the Mayor, his appreciation of
--- -
being requested to attend the City Council meeting on March 18th. Also, the City o
Okeechobee's officials were very courteous towards Cardinal Industries, and they appreciat(
this.
85-38
C /. Councilman Rubin asked Attorney Bryant if he would rather the City wait until the
Attorney General's opinion has been received before the Council voted on the election
dates being made the same as the County elections. Attorney Bryant suggested the Council
wait for the Attorney General's opinion on the subject of election dates. Councilman
Douglas suggested the Council contact -the Florida League of Cities for their opinion.
Councilman Rubin asked Director Fortner if the City was going to pay the entire
bill for the Eckerd Youth Foundation to be hooked up to the Sewer Plant. Director Fortner
stated there was an agreement stating that if they hooked up to the sewer plant, for the
use of their 400 acres, their connection fees would be waived. The water lines from their
drinking water plant to the new wastewater treatment plant for water to be used in the new
plant. The line is installed under the contract with Widell & Associates. 1
85-40
5 Councilman Rubin stated that he attended the County Commissioners meeting concerning
the bridges. The Taylor Creek bridge was rated #2 out of #10. He requested that Director
Fortner send a letter out immediately trying to receive these funds for the City.
36'78
Director Fortner stated he was trying to contact the DOT to see what the City must
do to where the City would receive funding.
/i Councilman Rubin commented on the $20,000. life insurance policies on the Policemen
and Firemen, stating this had been long coming.
5_Councilman Rubin thanked Chief Mobley for taking care of the situation concerning
mailboxes being knocked down. He stated something needed to be done, to try and stop the
situation completely.
AGENDA ITEM #XIII - ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 8:40 P.M.
� _ G
OAK AND R. C APMAN
CHAIRMAN/MAYOR
CITY OF OKEECHOBEE
ATTEST:
BONNIE S.THOMAS, CM
CITY CLERK