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1985-05-07 Regular MeetingThe City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 2:00 P.M. Chairman Oakland R. Chapman called the meeting to order with the following Councilmen present: Oakland R. Chapman, Chairman/Mayor Andy Rubin, Vice-Chairman/Vice-Mayor Oscar Thomas, Councilman Nick Collins, Councilman Edward W. Douglas, Councilman, absent Others present were: Bonnie S. Thomas, City Clerk L.C. Fortner, Jr., Administrative Assistant Jerry Bryant, City Attorney Lydia Jean Wilkerson, Deputy Clerk 400MUM61".Vo• ' • The Invocation was offered by Reverend C.R. Kilgore, Pastor of the Okeechobee Church of God, followed by the Pledge of Allegiance. 85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES Mayor Chapman asked if there were any additions or deletions to the 11 minutes of the Regular Meeting of April 15, 1985. There being no additions or deletions, the minutes were approved as presented. AGENDA ITEM #V - APPEARANCES: a) Mr. Lester Jennings to discuss the possibility-of-aT-acces-s-road—into the City owned Mr. Jennings was not present at the meeting at this time to discuss the access road. Mr. Broome was not present at the meeting at this time to discuss the change orders. 85-22 I c) 0 Mr. Wright addressed Council requesting the City close the following streets: 1. 18th Court between 4th and 5th Avenues. 2. 19th Court between 4th and 5th Avenues. I 3. 6th Avenue between 7th Avenue and 19th St. Mr. Wright stated the surrounding property owners were in favor of the street closings, and would sign a petition stating the same. Councilman Rubin stated he would go along with the street closings since he did not feel the City would ever use the particular streets. Mayor Chapman asked Director Fortner to comment on the streets. Director Fortner stated he has observed these street right-of-ways on different occasions. The street right-of-ways at this time are not being used as City streets, because of their short lengths and irregular shaped areas in the sub -division. Therefore, he could not see how the City would ever need these streets in this particular area. Councilman Thomas asked Director Fortner if he was saying in his opinion the City would never need these streets for anything. Director Fortner answered that he did not believe they would ever be used for anything, since the lots could be served from other streets to have access to the other lots. The streets are all 50 feet wide, they could be used to add to a building site or a home, maybe even allow for an additional building site if the property was divided in the proper way. Councilman Rubin stated he had measured the streets to be 55 feet and then questioned the possibility of a technicality such as; after the City abandons the streets, would the owner of the property next to the street right-of-way have the first privilege to acquire the property. What would be the correct way to handle the situation. Mayor Chapman stated there would have to be a public hearing after the necessary advertising and have the property appraised. Director Fortner stated the Attorney would have to check into the legal aspect of abandoning City street right-of-ways, such as reverter clauses. Councilman Rubin made a motion that a public hearing be set on the abandonment of the four street right-of-ways. Councilman Thomas seconded the motion. Mayor Chapman asked Councilman Rubin if he wished to include in his motion that the Attorney would research the abandonment 11 of street right-of-ways. Councilmen Rubin and Thomas agreed to the amendment of the motion. Director Fortner stated that he was not aware of 17th Street between 6th and 7th Avenues being included in the streets 3690 5 - �- 5 to be abandoned at this time. He stated there was traffic on this street occasionally although it is not used as a street. Director Fortner stated this street was also being used for drainage (from 5th Avenue to 7th Avenue), therefore, he felt the Council should not include this street in the closing or retain some drainage easements through this area. Councilman Rubin requested this street (17th Street) be left out of his motion, until further research could be done. Councilman Thomas agreed to 17th Street being removed from the motion to set a public hearing for street abandonment. Mayor Chapman asked for a vote on the motion allowing the Attorney to research abandoning street right-of-ways, and set the first public hearing on May 21st the second public hearing on June 4th, 1985, excluding 17th Street at this time from the streets to be abandoned until further research could be done. Motion carried unanimously. 85-31 d) Mr. Henry Kelly, on behalf of the Chamber of Commerce. to request Council's consideration to waive the building and water meter installation fees required for their new building. Mr. Henry Kelly, President of the Okeechobee Chamber of Commerce, addressed Council requesting the Council consideration to waive the Chamber's impact and building permit fees. The impact fee ($675.00)1 the building permit fee for the temporary office ($100.00) and the building permit fee for the new Chamber of Commerce building ($330.36), a total cost of $1,105.35. Councilman Rubin stated the Chamber of Commerce has had a campaign going on for the past few months to raise money for their new Chamber building and since he considered the City to be a "business", he felt the City could waive this fee as our donation to the Chamber of Commerce building fund. Councilman Collins asked if the City has ever done this before for any other organization. Mayor Chapman stated that the City could make donations to the Chamber of Commerce. Director Fortner stated the City has made donations in the past, but he was not sure on the waiving of fees. Councilman Rubin stated the City could work this out to where it could donate this amount of money to the Chamber of Commerce's building 3691 fund, and be in the record as such. Mayor Chapman stated he felt the City could take this sort of thing on a case by case basis to where no preference would be shown to Just certain ones. Mr. Kelly stated the Chamber was on City property. Councilman Collins stated that he personally would rather the City give a donation instead of waiving the necessary permit fees and impact fees, due to the fact there are people out in the City that has to put liens on their homes in order to install the required sewer lines. He felt it would look bad for the City to waive the fees for the Chamber when we would not do the same for them. Councilman Collins stated that he was not opposed to donating to the Chamber but he felt it should be a donation and not the City waiving the required fees. Mr. Kelly stated the Chamber could change their request to make it read, The Chamber respectively requests that the City Council make a donation in the amount of $1,105.36. Councilman Rubin stated to Mr. Kelly that he could make a motion to donate the $1,105.36 to the Chamber if the Chamber would in turn pay the City's sewer impact fee and building permits. Attorney Bryant stated that he could understand what the Council was trying to avoid, like Councilman Collins stated, you don't want anyone to think the City is doing something for the Chamber that you would'nt do for them. Attorney Bryant went on to say, "One point that Mr. Kelly made is very important. The property really belongs to the City. You are therefore not waiving something for the Chamber of Commerce. You are actually placing something on your own property that will benefit the City in the future. Anything you put on there becomes the property of the City." Councilman Collins again stated that he was not opposed to helping the Chamber, but he was opposed to waiving the fees. Councilman Rubin informed Council that within six months the Library would be coming before the Council requesting the same privileges as the Chamber, therefore, some decision should be made as to how the City will handle these situations in the future. 3692 Councilman Rubin made a motion that the City hookup the necessary -- water and sewer piping to the Chamber of Commerce building which is on City property. Councilman Thomas seconded the motion. Director Fortner explained there were building permits to be purchased also by the Chamber if Councilman Rubin wished to include these in his motion. Councilmen Rubin and Thomas agreed to the amendment. Councilman Rubin stated he would like to clarify his motion to say the City would hook up the necessary water and sewer piping and building permit fees in the amount of $675.00 impact fee; $100.00 temporary building permit; and $330.36 building permit for new Chamber building, a total of $1,105.36. Councilman Thomas seconded the amended motion. Motion carried. Mr. Kelly thanked the Council for their decision. 85_26 b) Mr. Jim Broome to discuss change orders required for completion of the Wastewater collection system and treatment I Plant, Mr. Jim Broome addressed Council stating that he had a partial payment request for Widell and Associates to be approved. The partial payment should not exceed $240,703.71, partial payment request #6. The payment covers mostly fill and shell for the base. Councilman Thomas asked Engineer Broome what the total amount paid to Widell and Associates was. Engineer Broome answered a total of Two Million Dollars so far has been paid to Widell and Associates mostly for the force main, fill and base, concrete slab and administration building. Councilmembers discussed holding certain percentages back on the two contractors, Widell and Associates and Taddie Underground, if their work was not satisfactory. At this time Widell and Associates are doing satisfactory work according to Engineer Broome. The job performance of Taddie Underground will be discussed by Council on the next agenda item. Council discussed the partial payment request approved by Council on the April 15th meeting for March's payment in the amount of $82,000.00 'j (partial payment request #5 for Widell and Associates). Director Fortner i stated this payment request was presently being processed through Farmers 3693 Home, since the Council approved the past request pending Farmers Home approval. Assistant Director of Public Utilities, Steve Figley, addressed Council stating that he was not aware of a partial payment request #5 for Widell and Associates. Engineer Broome stated that the partial payment request #5 for Widell and Associates was still being processed. Director Fortner stated, "This was the number you gave me not to exceed pending your further investigations. So that has not been processed for payment, but approved pending your approval and Farmers Home approval." Engineer Broome stated, "O.K. Well then I had better ask if it was $82,000. then I had better say it was $88,000. We have increased it to $88,000." Director Fortner stated that $82090. had been approved at the last Council meeting. Councilman Rubin stated the Council needed to change this since the minutes of that meeting have already been approved. Director Fortner stated this could be added to the payment request in additional monies. Engineer Broome stated they had some problems with the payment request, and it was resubmitted to them and they have just now given the payment request back to us. We are processing it now. Engineer Broome stated, "Partial payment request #5 on Widell and Associates, I would like to respectively request approval in the amount of $88y079.53." Councilman Rubin asked, "Is that replacing what we approved two weeks ago?" Engineer Broome answered yes. Councilman Rubin asked Attorney Bryant for his feelings on the subject. Attorney Bryant stated the additional funds could be added to this pay request. Two motions would be needed, one to recind the motion of the previous meeting, and the second one to approve the pay request in the amount of $88,079.53. Councilman Rubin made a motion to recind the motion of the previous meeting on April 15th, 1985, the partial payment request in the amount of $82,990. Councilman Collins seconded the motion. Motion carried. Councilman Collins made a motion to change the partial payment request #5, for Widell and Associates in the amount of $88,079.53. Councilman Thomas seconded the motion. Motion carried. Mayor Chapman stated that a motion was needed to approve the 3694 5- 'i- 8�5 partial payment request for Widell and Associates #6 in the amount of $240,703.71 for April. Councilman,Collins made a motion that the Council approve partial payment request #6 for Widell and Associate in the amount of $240,703.71 for April's payment. Councilman Rubin seconded the motion. Motion carried. 55-29 Taddie Underground Engineer Broome requested the Council approve partial payment request #6 for Taddie Underground in the amount of $124,212.52. Engineer Broome stated, "What we are doing to try and relieve some worry here, instead of holding back a certain percentage on top of the nominal 10%. What we have done is we are not paying them for something that is not finished. This way the contractor knows immediately that a certain job has not been approved and therefore he does not get paid for it. We are finding better results with this system." Councilman Thomas asked if there was inspectors on the jobs at all times? `Engineer Broome answered yes, they were doing the best they could to try and keep an engineer on all job sites continously. Councilman Rubin stated he wanted the City to withhold 20% payment from Taddie until they straightened up. Councilman Collins asked Engineer Broome if he felt the procedure of withholding payment until zhe job was completed satisfactory was a better route for the City to take instead of withholding the 20%. Engineer Broome stated he felt this new procedure was better than just withholding the 20$, also Farmers Home seemed to approve of it also. Councilman Rubin asked Engineer Broome if 10% has already been withheld on the partial payment request. Engineer Broome answered yes the 10% has already been removed from the amount of the pay request. Councilman Rubin stated that he was not going to make a motion on this, but he felt the City should hold out 20% payment. Councilman Thomas stated that he agreed with the 20% being withheld until the work jobs seemed to improve. Councilman Collins asked Director Fortner for his feelings on the subject. Director Fortner stated he felt the best way would be to not 3695 pay them for work not completed. Councilman Rubin stated he still felt withholding the 20% would be the best solution, since Taddie's work was just not up to par. Assistant Director, Steve Figley, stated that Charlie Hudnell of Farmers Home stated that he did not feel safe enough to back the holding out of more than 20$, and he would prefer to go the route of holding back payment until the work was completed. Mayor Chapman stated that he felt it would be better if Taddie would work in one area at a time. Councilmembers discussed Taddie's work performance and the amount of money to withhold on each pay request. After discussion, Councilman Rubin made a motion to approve the partial payment request #6 for Taddie Underground not to exceed the amount of $124,212.52. Councilman Collins seconded the motion. Motion carried. Change Order Engineer Broome addressed Council concerning Southeast loth Avenue, where the sewer lines were going to be laid on the side of the road. The Telephone Company has their lines where the sewer lines should be placed. The telephone company has agreed to pay the City $16#000 if the City would not force them to move their lines. So the City was planning on laying the lines in the center of the road. In doing so, the entire street will need to be repaved approximately 1/2 mile, the cost $24,762. With the $16,000 received from the Telephone company a balance of $8,762. will be left for the City to pay. They have deleted the paving of the street south of Southeast 7th Street, where there are four or five houses only, since it would cost approximately an additional $10,000. Engineer Broome then requested approval for change order #7 for the collection system in the amount of $24,762. Mayor Chapman asked for a motion. Councilman Collins made a motion to approve the change order #7 on the collection system in the amount of $24,762. Councilman Thomas seconded the motion. Motion carried. Engineer Broome explained to Council there were several other a 3696 streets which they were intending to install the sewer lines down the middle of the road the same way as Southeast loth Avenue. There would be some additional cost to resurface these streets which Council needed to consider for the next fiscal year's budget. 85-13 a) Mr. rester Jennings to discuss the possibility of an access road into the City owned 154-acres. Mr. Jennings addressed Council stating that Richard Fellows had previously requested him to research the possibility of getting a railroad crossing permit in order that the City might construct a road to the 154 acres owned by the City. He stated he had agreed to do this research at no charge to the City, since the access road would also allow him access to property owned by him. Mr. Jennings stated the City has the absolute right to condemn a railroad crossing for public purpose. He then showed Council members a map indicating the City's property and the proposed site for the access road. He said if the City was to have a road into the property, the City would be able to sell the property for a larger amount of money. He then offered his assistance in helping Attorney Bryant in any possible suit with the railroad. Mayor Chapman stated the County Commissioners have already approached the City concerning the possibility of building some additional ball fields on certain portions of the City's property and in exchange help the City build the access road to the property. Councilman Thomas stated he was in agreement with trying to provide an access road to the property as suggested by Mr. Jennings. Mr. Jennings stated he would be glad to contact the railroad and try to set up meetings with them to discuss the City's property if Councilmembers agreed. Councilman Collins stated this would be favorable with him for Mr. Jennings to contact the railroad. Mayor Chapman asked if the Council agreed for Mr. Jennings to contact the railroad to set up meetings to discuss the City's property. Councilman Rubin stated, "We proposed the first week of January to sell the property, and we have put off everything for four months. I cannot see going in there, after we know about the soil and everything and put i in a railroad crossing over head or straight through, this road, even 3697 with the County in with us, it is going to be a tremendous price. You're looking at the street lighting, curbing, that price is just absolutely going to kill us. I cannot see putting our money into something when we are going to get almost all of our money back and let someone else develop it and pay us taxes. I believe we should sell the property and it won't cost the City too much money". Councilmen Collins and Thomas and Mayor Chapman were in favor of having Mr. Jenning contact the railroad concerning setting meetings. Councilman Rubin was opposed. MEETING RECESSED Mayor Chapman recessed the meeting at 3:28 P.M. for 10 minutes. MEETING CONVENED Mayor Chapman convened the meeting to order at 3:42 P.M. 85-26 AGENDA ITEM #VI - COUN Ti S APPROVAL OF THE PURCHASE OF A NEW TRUCK FOR THE WATER DEPARTMF.N�r+ Director Fortner stated the purchase of the new truck was included in the budget. Two bids were received: Okeechobee Ford Company in the amount of $7,307. and Gilbert's Chevrolet in the amount of $7,551.27. Director Fortner requested Council to accept the low bid from Okeechobee Ford Company in the amount of $7,307. Council discussed the City advertising the request for bids in other newspapers in addition to the Okeechobee News. After a lengthy discussion concerning the vehicle to be purchased, and the vehicles made by Isuzu, Councilman Rubin stated that he would make a motion to accept the low bid from Okeechobee Ford Motor Company in the amount of $7,307. but in the future he would not vote for anything bidded out if it was not published in other newspapers besides the Okeechobee News. Councilman Rubin made a motion to accept the low bid of $7,301 from the Okeechobee Ford Motor Company. Councilman Collins seconded the motion. Motion carried. Mayor Chapman opened the floor for discussion. t . • 5- '-1- &5 11 Councilman Collins stated he felt the one ton loan limit might be cutting the amount too low. Director Fortner stated the limit could be regulated at any amount the Council agreed on. Councilman Rubin said this ordinance could exclude the pick-up trucks, and the larger trucks are really tearing up the streets. Mayor Chapman commented on the large trucks being a nuisance to people in residential areas in the early morning hours. Mayor Chapman asked the Council what their suggestions were concerning the possibility of the truck ordinance. Director Fortner stated that he had a ordinance that could be used as an example for the attorney to use in preparing the City's ordinance if Council so desired. Attorney Bryant stated he felt the Council should consider those businesses such as Watford's Trucking which was grandfathered in, in a residential area. The ordinance must account for these type of situations to make acceptions for those that have been there for a long time (such as stating the entrances and exits which could be used by the trucks). Director Fortner stated Council should consider the Northwest section of the City limits, the proposed site of Madray Enterprises, with the truck traffic in the residential area along Northwest 9th Street, Councilman Collins stated there were several cattle truck owners in the Southwest section of town which needed to be considered in the ordinance. Ms. Lula Worthen Smith, speaking on behalf of the citizens of Dean's Court, item V , addressed Council concerning the large amount of truck traffic already in this area and they wished to have Council's support in setting up an ordinance restricting the larger size trucks from this area.(12th Street and 8th Avenue). Councilman Rubin stated that he was speaking of the truck traffic in residential areas only. Attorney Bryant stated, "May I make a suggestion that the Council conduct a workshop. You are going to have some streets that are commonly traveled by the trucks. And I think these need to be considered. If you want to place some of these in the ordinance as exceptions, you may want to have these people use alternate routes, possibly that would be less intrusive in the residential areas. You may want to set up only certain 3699 streets and areas where there would be no truck traffic. But you have to have some idea of what criteria you want laid out such as what a truck can and cannot do. Which trucks you want to allow and for what purposes. I would like the opportunity to request a copy of an ordinance from Orange County with this same situation. And then have a workshop to discuss the ordinance." Mayor Chapman asked Council members if they were in favor of setting up a workshop meeting to discuss the ordinance. Councilman Rubin agreed to the workshop meeting being set for the truck traffic ordinance. He also requested the Council advertise this workshop for paving to be included. The other Council members agreed to setting the workshop, Attorney Bryant stated he would have to check on his schedule to see what evenings he would be clear for the workshop. Council agreed to set the time later on in the meeting. 85-43 AGENDA ITEM #VIII - DISCUSSTQN AND ACTION By THE COUNCIL RELATIVE TO FOUR CARS FROM THE. FL ORTfln HIGHWAY PAT Police Chief Mobley addressed Council and stated that he had budgeted in the 1984-85 fiscal year's budget, the purchase of four units, which would be replacing the Lieutenant's car which is a 1978 Malibu, Dectective O'Neil's car which is a 1976 Ford LTD and two additional units. He stated the listing from Tallahassee had not come in as of this date. The City would be purchasing these used vehicles for about $2,000 each, compared to the new vehicles costing somewhere in the neighborhood of $14,000 to $15000 each for the same amount of use out of them. He then said that if the Council would allow him to purchase four additional vehicles along with the four vehicles that was budgeted, he would not see any need to budget for any new vehicles the next fiscal year. Approximately an additional $9,100 would be needed to purchase these four vehicles. Councilman Rubin stated there were funds in contingencies from which the $9,100 could be used, for these four vehicles to be purchased. Other Council members discussed the request agreeing to purchase the additional vehicles. Councilman Thomas made a motion that the Police Department 3700 85-31 purchase four additional vehicles from the Florida Highway Patrol when they become available in the amount $9,155., the money to be taken from the contingency funds. Councilman Rubin seconded the motion. Motion carried. Mayor Chapman asked that Police Chief check on the Police Activity Report and have the policemen tighten up on the speeders, expecially in the school zones. Attorney Bryant stated that he would be able to have the workshop meeting set for Tuesday, May 28th at 3:00 P.M. Councilmembers discussed the date and agreed that the workshop be set and advertised for Tuesday, May 28th, at 3:00 P.M. Uff •� ;�� • s • • ;y : s z, •� • ; y • : C, AND S.W.2ND STREET Director• • the Councilpreviously authorized the hiring of two appraisers to have the strip of land along the east side of S.W. 7th Street. Both appraisals have been received, the first appraisal $16,500 and the second one $17,000. The two fees for the appraisals are $300.00 each. Councilmembers discussed the appraisals and what amount the Council decided to sell the property for. After discussion, Council members agreed to sell the property for $18,000. with a one year beginning construction clause and reverter clause. 10dZ OURy 14 : a i•X*'j 5WM446 0 UAN OWN M 110154 U0111A 9 ' ' Chief Tomey addressed Council stating the Downtown Merchants Association wished to use a City fire truck to provide water for games to be played during the Pioneer Day Events between the City and County Fire Departments, Chief Tomey explained the two games for which the fire truck would be used and Council members then agreed that the City Fire Truck could be used. The Downtown Merchants Association to purchase the equipment needed for the games. 3101 CONSTRUCTION OF A MANUFACTURING PLANT, Director Fortner explained to the Council that Madray Enterprises had addressed Council at the last meeting requesting the closing of certain streets in order for them to build their manufacturing plant in the area. Attorney Bryant was to research the situation to see if the City could legally abandon these street right of ways with the reverter clause. Attorney Bryant stated, "The reversionary clause in the plat indicated that if the streets were ever abandoned they would revert to the original grantors. The Florida Law provides that in that event, if the original grantors deeded all of the property away, then when we abandoned the right of way they would then revert to the owners of the fee simple title holder of the property that adjoins that right of way. So I presume that Madray is going to own that property so it will go to the present property owners if we abandon it." Ms. Lula Worthen Smith, speaking as a homeowner in Deans Court and on behalf of the citizens of Dean's Court, addressed Council stating they were opposed to lots 9 through 12 being closed for the construction of Madray Enterprises facility, due to the amount of increased truck traffic. After a lengthy discussion concerning the street closings, changing the truck gate to the other side of Madray's property, Mayor Chapman explained the Council was only going to set the street closing for First Reading at this time. There would be two public hearings on the ordinance before it would be finalized. Councilman Thomas made a motion to set the ordinance for first reading on May 21, 1985, contingent upon the decision of the Planning and Zoning Board. Attorney Bryant commented on the City having reverter clauses on street closings. He stated the property owners might have problems getting title insurance if the reverter clause was included in the street closings as it read now.Attorney Bryant stated that he drafted the following in the ordinance: The vacating of these streets is contingent upon them commencing construction within one year. If in fact they do 3702 not commence construction within one year this ordinance will automatically be repealed and vacation of these streets will not be effective. Mayor Chapman stated a motion was needed to read the ordinance by title only. Councilman Collins made the motion to have the ordinance read in its entirety. Councilman Thomas seconded the motion. Motion carried. Attorney Bryant read the ordinance in its entirety as follows: AN ORDINANCE VACATING AND CLOSING CERTAIN STREETS IN THE CITY OF OKEECHOBEE, FLORIDA LOCATED IN NORTH WEST ADDITION, OKEECHOBEE; PROVIDING FOR CONDITIONS OF VACATING AND CLOSING SAID STREETS; PROVIDING FOR REPEAL; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: The following described streets, allies and/or alley ways, located in the NORTH WEST ADDITION, OKEECHOBEE, in the City of Okeechobee, Florida, all described as shown on Plat Book 1, Page 25, of the Public Records of Okeechobee County, Florida, shall be hereby closed and vacated: 1. All of North Fourteenth Street, from a point 35 feet west of Block 11 through -the east boundary of Block 12. 2. Sixteenth Street (n/k/a North Tenth Street) from the east boundary of Block 7 through the east boundary of Block 8. 3. Seventeenth Street (n/k/a North Eleventh Street) from the east boundary of Block 6 through the east boundary of Block 5. 4. Eighteenth Street (n/k/a North Twelfth Street) from a point 35 feet west of Block 3 through the east boundary of Block 4. ' 5. Nineteenth Street (n/k/a North Thirteenth Street) from the east boundary of Block 2 through the east boundary of Block 1. 6. Twentieth Street (n/k/a North Fourteenth Street) from a point 35 feet west of Block 2 through the east boundary of Block 1. Z 7. That street right-of-way 35 feet in width running from the southwest corner of Lot 10, Block 11, NORTH WEST ADDITION, OKEECHOBEE, through the northwest corner of Lot 10, Block 2, NORTH WEST ADDITION, OKEECHOBEE. 8. That street right-of-way 70 feet in width (n/k/a West Eleventh Avenue) running from the north boundary of North Fourteenth Street between Lot 1, Block 11 and Lot 10, Block 12, NORTH WEST ADDITION, OKEECHOBEE, through the south boundary of Twentieth Street. SECTION II:The vacating and closing of the above described streets is conditioned upon Madray Enterprises beginning construction of a manufacturing plant on the lands located in Blocks 1 through 12, NORTH WEST ADDITION, OKEECHOBEE, within one (1) year of the adoption of this Ordinance. 3703 SECTION III: This Ordinance shall be repealed without necessity of further action of the City Council of the City of Okeechobee one (1) year from the date of the adoption hereof, if and in the event that Madray Enterprises shall not have commenced the construction of a manufacturing plant as provided in Section II above. Upon repeal of this Ordinance in this manner and for the reasons stated herein, the streets vacated and closed by this Ordinance shall remain dedicated to the public use as streets as provided in the original dedication contained in the plat recorded in Plat Book 1, Page 25, of the Public Records of Okeechobee County, Florida. SECTION IV: This Ordinance shall take effect upon its adoption Councilman Collins seconded the motion setting the ordinance for first hearing on May 21, 1985, contingent upon the Planning and Zoning Board recommendation. After further discussion by Councilmembers, Councilman Thomas called "Question". Motion carried. Mayor Chapman stated the Council should set the first reading on the street closings to be on the second meeting of June (6-18-85), and if Council so wished, a motion was needed to recind the last motion made setting the first reading for the ordinance on the street closings on the 11 21st day of May to the 18th day of June, 1985. Councilman Rubin made a motion to recind the last motion setting the first public hearing on the street closings to be on the 21st day of May, 1985. Councilman Collins seconded the motion. Motion carried. Councilman Thomas made a motion to set the first reading of the street closing ordinance to be held on Tuesday, June 18th, 1985. Councilman Collins seconded the motion. Motion carried. C Director Fortner stated that Council had previously approved several meetings ago, the advertising for engineering proposals concerning the problems at the water treatment plant. Five Engineers have submitted letters of interest to the City concerning this. Council members discussed the manner to be used in selecting the firm to study the problems at the water treatment plant. The consultants competitive negotiation act must to used according to Florida Law. The II City is not allowed to question the fees for the study. After discussion, Councilmember agreed to have each of the five engineers appear before the Council at the meeting of May 21st, 1985 to 3704 discuss the study with the Council. The Council will then choose three of the five to discuss negotiations. AGENDA LITEM #XIII - MAYOR TO CALL ON THE AUDIENCE FOR ANYONE WISHING TO END" c� ADDRESS THE COUNCIL MaYQI Q A2MAIL... asked. i#. _ . tbgXg Wag.. anyo r, 3.n. _. Q1 di9DC-e. - Wj$ ins ._ tjQ address. the QQUBcil. Mr. Rucker Wilcox addressed Council and stated, "I know I have rubbed a lot of City employees wrong, and I formally apologize to them. Because I know we had a hard time getting through my little deal, but we did make it and I do apologize. All of the guys know who I am talking about, and I do care about everybody, especially Steve. Cause I know I made him very upset at me. Steve I'm sorry." Mr. Wilcox commented on the water and sewer service being connected for those within the City limits, before those who live in the County. He then requested the Council to consider allowing his property to be connected with the water and sewer before those in the County. Mayor Chapman asked Director Fortner if, he would see to it that the services be connected to Mr. Wilcox's property. Director Fortner stated that a letter has already been sent to Mr. Wilcox stating the water would be connected the first of August, which he had agreed to. AGENDA ITEM #XIV - MAYOR TO CALL ON CITY CLERK, ADMINISTRATIVE ASSISTANT, ATTORNEY AND CQUIJCILMEN FOR REPORTS AND/OR REQUU Clerk Thomas presented the Warrant Registers for Council's approval. Clerk Thomas stated the Occupational License ordinance needed to be revised to include several other categories such as: appraisers, bailbondsma[, blacksmith, cleaning services, collection agencies, court reporting, equipment service, lawn yard landscaping services, insurance companys. •Clerk Thomas stated she hopes to have the ordinance presented for Council before the first meeting in June. 85-41 Clerk Thomas stated that she has received the Harte Hanks Cable revenue report, franchise fee paid last year, in 1984, was $8,160. Clerk Thomas reported to the Council the City's expenditures through the first six months of 1985 were right at 50$, which she felt was very good for the City. She stated the City's revenues were up and the City was doing very well financially at this time with spending and receiving. 3705 --- clerk Thomas informed Council the new word processor has now been received and we were very pleased with the equipment. Attorney Bryant stated that he had the Resolution ready for Council's approval concerning the birthing center at the local hospital. Attorney Bryant read the resolution as follows: WHEREAS, H.H. Raulerson, Jr. Memorial Hospital is the only hospital located in the County of Okeechobee, Florida; and WHEREAS, residents of the City of Okeechobee are dependent upon said Hospital for the providing of necessary medical services; and WHEREAS, said Hospital does not presently provide obstetrical and child -birth care, although facilities for such services are available at said Hospital; and WHEREAS, the birthing of children is of great importance to the residents of the City of Okeechobee; and WHEREAS, it is necessary for City residents to travel to other, counties for the purpose of receiving obstetrical and child birth care; and WHEREAS, such travel presents a hazard to the health and f well-being of both the mother and the child; and r WHEREAS, the City Council of the City of Okeechobee has determined that it would be in the best interest of the residents of the City of Okeechobee for H.H. Raulerson, Jr. Memorial Hospital to open its obstetric and maternity ward and again provide those services to the people of the community, NOV), THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA THAT: 1. H.H. Raulerson, Jr. Memorial Hospital is encouraged to take the necessary steps to re -open its obstetric and maternity ward and to begin providing child -birth services to the people of this area and particularly the residents of the City of Okeechobee. 2. The City Clerk shall submit a copy of this Resolution to the Administrator of H.H. Raulerson, Jr. Memorial Hospital. 3. This Resolution shall take effect immediately upon its �� adoption. 3706 Councilman Thomas made a motion to adopt the resolution concerning the birthing center at the local hospital. Councilman Collins seconded the motion. Motion carried. Clerk Thomas to submit a copy of the resolution to the H.H. Raulerson Memorial Hospital. Attorney Bryant stated that he was still researching the situation concerning the property located behind the Brahman Theater where a building is presently sitting on the street right-of-way. 85-8 Councilman Rubin made a motion to approve the Warrant Registers as presented by Clerk Thomas. Councilman Collins and Thomas seconded the motion. Motion carried. GENERAL FUND 4-16-85 in the amount of $82,041.30 " in the amount of $16,716.61 4-30-85 in the amount of $8,190.93 " in the amount of $34,894.61 FEDERAL REV. 4-30-85 in the amount of $18,187.00 W S FUND 4-16-85 in the amount of $23,229.82 4-17-85 in the amount of $23,675.58 4-30-85 in the amount of $56,238.75 CAPITAL PROJECT FUND 4-16-85 in the amount of $1,341,178.97 Director Fortner reminded Council members of the trip to Sanford to see the Cardinal Industries Plant Wednesday morning at 7:00 A.M. 85-23 i Director Fortner stated that Bill Miller of the Central Florida Regional Planning Council has offered to come and meet with the City Council and the Planning and Zoning Board if they would like, to discuss 1 any available economic development programs that was on their agenda at this time. Just to inform the Council of i-ha rli ffcrcnl- r%rnr v-ftvnc ft—A I—, they could help the City. Council decided to have Mr. Miller appear before the next Council meeting on May 21, 1985. 85-32 Director Fortner stated a correction needed to be made on the status report, #12 Public Hearing on the Rezoning of the Northeast section of town was set for May 21st, 1985, but due to advertising the public hearing needed to be set on June 4th, 1985. Mayor Chapman asked Director Fortner if he would see to it that the Department Heads attend the Council meetings. Director Fortner stated that he would instruct the to do so. Councilman Thomas stated that he would like to discuss building permits, but he would wait until the next Council meeting when the Building Official would be present. Councilman Rubin questioned the status of the advertising for the City's 154 acres, and when the appraisals would be back. 370'7 Councilman Thomas stated that he would be in favor of having a road built to the City's property, to where the land would be more valuable. Council members discussed the property briefly. Councilman Rubes asked about the status of the building department merger, how long would it take the State Department of approve or disapprove the department merger. Attorney Bryant answered that he was not sure of the exact date the merger would be approved. Councilman Rubin commented on the ordinance changing the City election dates to the same as the Countys. Stating he would like to see the Attorney have the ordinance ready for the next Council meeting. Councilman Rubin stated he had attended the Central Florida Regional Planning Council the last Wednesday and found out there were some abandoned sites in Okeechobee. He would get additional information before he says anything else concerning the abandoned sites. Councilman Rubin commented on Director Fortner speaking with the new owner of Crystal Lakes and the possibility of being in favor of annexing into the City limits. Councilman Rubin stated, "The City Council is to hire and fire employees, and the Council in the past has had problems with letting employees go without a hearing". He stated the Council decided that all employees would have to meet with the Mayor and Administrator before their dismissal. One employee was dismissed from the City over a month ago and the Council did not find this out until a month later. He stated he felt that nothing or no one should be let go without the Council knowing. Mayor Chapman asked Director Fortner if he put this type of information in the status report. Director Fortner stated yes, they were, but the specific one being discussed was not put in the status report by mistake. Assistant Director of Public Utilities, Steve Figley, addressed Council explaining the reasoning of the dismissal of the sewer plant operator. Council members discussed the situation further. Fire Chief Tomey stated that when the Council adopted the Employee Handbook, it stated that the Department Heads could dismiss an employee without cause within the first six months. Director Fortner stated that he would try not to miss informing the Council of such changes in the future. 370E M,1y � f98� 85-43 Police Chief Moblev addressed Council stating he had advertised the opening for a Police dispatcher, had interviewed those qualified. There were two people he was considering for the position. The first i person, Teresa Suarez presently works for the Sheriff's department as a dispatcher and has the necessary experience. The second person, Bettye Taylor, has been on the auxiliary for a year, she has learned the way the department runs such as the radio (operation). She presently works in Clewiston as a dispatcher for the Sheriff's department. Chief Mobley recommended Bettye Taylor be given the position of Police Dispatcher. Due to the fact the Council did not receive this information in the status report due to the time limit, Councilman i Collins made a motion to give Chief Mobley the authorization to hire the person he wished. Councilman Thomas seconded the motion. Motion carried. Councilman Collins stated the City had department heads to run the departments, and unless a real problem arises the Council should stay out of the business of hiring and firing, because he did not feel it was right to ask any department head to have someone work for them because the Council liked them, or to fire someone because the Council did not like them. Councilman Rubin stated the Council needed to recind the past motion concerning the employees having a meeting with the Mayor and Administrator before hiring and firing, if the Council was going to do as Councilman Collins suggested. 85-30 Fire Chief Tomev asked Director Fortner if he was going to explain the situation concerning the No Burning City wide state law. Director Fortner explained to the Council there was a new state law that there be No Burning City wide. AGENDA ITEM #XV - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 6:12 P.M. OAKLAND R. CHAPM , MAYOR ATTEST: AGENDA CITY COUNCIL MEETING May 7, 1985 - 2:00 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 April 15, 1985. V. Appearances: a) Mr. Lester Jennings to discuss the possibility of an access road into the city owned 154-acres. b) Mr. Jim Broome to discuss change orders required for completion of the wastewater collection system and treatment plant. c) Mr. Jim Wright to request Councils' approval to close the following streets: 18th Court between 4th and 5th Avenues; 19th Court between 4th and 5th Avenues; 6th Avenue between 7th Avenue and 19th Street. d) Mr. Henry Kelly, on behalf of the Chamber of Commerce, to request Councils' consideration to waive the building and water meter installation fees required for th6tr new building. VI. Council approval of the purchase of a new truck for the water department from Okeechobee Motor Company who offered the low bid. VI I. Discussion by Council relative to regulating, by ordinance, large truck traffic on residential streets within the City of Okeechobee. Viii. Discussion and action by the Council relative to providing additional funds, to the police department, for the purchase of four cars from the Florida Highway Patrol. Ix. Discussion and action by Council to determine the price to be placed on the strip of land Dennis Mulberger has requested to purchase along the east side of S.W. 7th Avenue between South Park Street and S.W. 2nd Street. X. Discussion by Council concerning the request of the Downtown Merchants' Association to use a city fire truck to provide water for a game during the Pioneer Day events May 18th. Xi. Discussion and possible first reading of an ordinance to close several streets,._.in the -northwest addition of Okeechobee, for the purpose of al- lowing Madray Enterprises to use the entire area for construction of a manufacturing plant. XII. Discussion by the Council relative to engineering proposals received to study problems at the water treatment plant and prepare specifications for increasing the capacity of the plant; authorizing negotiations to arrive at a fee for this service. XIII. Mayor to call on the audience for anyone wishing to address the Council. XIV. Mayor to call on the City Clerk, Administrative Assistant, Attorney and Councilmen for reports and/or requests. XV. Adjournment. Oppie lJ COI-Jk- nc U(�x-ttk� Ocf - � - yv� 'TE IC-{ 0 , Oct V) c A Cf, LC A v-, cj� Na, a Z,, L D c - ') ­0 I C, C 6_t: lIj CJk- b �b 4ac-�Uc� --f7u Q-A Ov\CA__t.Z J_CI_ SID, cl� L'k fs�, UL C&O rl pr rt A Lk C) CIL 695 ry-) r N-D 4 1 --) �cz c �a " kxctcf, �,fj- KID- Aky) v IA- o co, C�c Q c Di op- n�f -`6 :1 fl—) � a %o-t -t Ap� �p ppo'\J� A % `lam -M A =� 67 ? Ck- r l� '�'�� — � Guy �/' � ? �j�Zc�-7�e. �y�j�✓ / J r ZY Iona 62� } � ; o cJ 4f ,�, f730f � � �� o Imo, it FICS lo -07 A a