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1985-05-21 Regular Meeting3709 85-42 REGULAR MEETING The 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 Edward W. Douglas, Councilman Oscar Thomas, Councilman Nick Collins, Councilman Others present were: Bonnie S. Thomas, City Clerk L.C. Fortner, Jr., Administrative Assistant Jerry Bryant, City Attorney Lydia J. Wilkerson, Deputy Clerk The Invocation was offered by Reverend Ray Feather, Pastor of the Brethren Church, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPEARANCES: a) Engineering firms presenting their qualifications for providing professional services to the City's water plant. as follows• James M. Montgomery Mr. Bevin Beaudet, representing James M. Montgomery, addressed Council members with a slide show presentation of his firm's qualifications and background experience. Council briefly discussed the firm's qualifications with Mr. Beaudet. Lindahl, Browning, Ferrari and Hellstron, Inc Mr. Jim Browning addressed Council informing Council members of his firm's qualifications and background experience. Mr. Browning showed a chart specifying other towns where his firm has worked on THM studies. Mr. John McKuhen and Bill Reese addressed Council members informing them of his firms technical qualifications and background. Council members discussed the companys qualifications briefly. Mr. Jim Van Ostran addressed Council informing them of their company's qualifications and the approach their company would take in the study of the various problems at the water plant. Mr. Jim Broome AGENDA CITY COUNCIL MEETING MAY 21, 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. Appearances: a) Engineering firms presenting their qualifications for providing services to the City's water plant, as follows: 2:15 p.m. James M. Montgomery 2:30 p.m. Lindahl, Browning, Ferrari & Hellstron, Inc. 2:45 p.m. Gee & Jenson Engineers 3:00 p.m. Broome, Van Ostran and Associates, Inc. b) Mr. Jim Broome to discuss a time extension on the contract with Widell Associates, Inc., at the new wastewater treatment plant. c) Mrs. Shirley Johnson to discuss street closings on the west side of Dean's Court. d) Mr. Richard Hales to discuss fees charged for permits to pave parking lots. V. Council hearing relative to revocation of an occupational license for a package store and discussion of an ordinance amendment. VI. Review of bids for possible approval of a contract to pave and resurface various City streets. VII. Introduction and first reading of an ordinance to change City election dates from December to November. VIII. Introduction and first reading of an ordinance to close several streets in the Northwest Addition of Okeechobee, for the purpose of allowing Madray Enter- prises to use the entire area for construction of a Manufacturing Plant. IX. Introduction and first reading of an ordinance to amend the Comprehensive Zoning Ordinance of the City of Okeechobee, changing the zoning classification of several blocks in the Northwest addition of Okeechobee from its current zoning to Industrial. X. Review of bids for approval to purchase bunker gear for the fire department. X1. Mayor to call on the audience for anyone wishing to address the Council. XII. Mayor to call on the City Clerk, Administrative Assistant, City Attorney and Councilmen for reports and/or requests. XIII. 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Mr. Jim Broome addressed Council stating there was a meeting planned with Widell and Associates Wednesday, May 22, 1985, to discuss the possibility of a time extension. Mr. Broome stated there has been 14 change orders so far for Widell and Associates, and due to the process time of having the change orders approved, all change orders have not been approved at this time, only 6 or 7 change orders have been approved so far, the rest of the change orders are still being processed. Due to the length of time taken for each change order to be processed, he was requesting the City Council approve a 60 day time extension for Widell and Associates. Mayor Chapman asked Director Fortner for his opinion of the time extension. Director Fortner stated that he felt the time extension should be granted. If the City did not request a time extension the City would not be eligible for the 55% funding from DER and EPA for the project. This funding was needed in order to complete the project. Council members discussed the time extension for Widell and Associates. Mr. Broome stated there would be no additional money involved in this time extension. Mayor Chapman asked if it was agreeable with the Council for the granting of the time extension. Councilman Rubin stated that he would be in agreement of the time extension. With no additional comments from Council, Mayor Chapman stated the Council would go along with the time extension. Councilman Thomas stated that he would like to question the man holes being installed in the ditches on S.W. 2nd and 5th Streets. Mr. Broome stated there were some reasons for the manholes to be put in the ditches, (Such as them having to be moved for utilities) and they would have to work out the culverts, such as putting the culverts around the manholes. Councilman Rubin asked Mr. Broome to contact Taddie Underground concerning straightening out the cuts they have made in the streets. Director Fortner stated the Council was invited to attend the 3711 meeting with Widell and Associates Wednesday, May 22nd, 1985 at Engineer Broome's office. 85-22 c) Mrs. Shirley Johnson -to discuss street closings on the west of -side Dean's Court Mayor Chapman explained to Mrs. Johnson that the Council was going to have the first public hearing on the ordinance closing certain streets in the Dean's Court area later today. Mrs. Johnson agreed to wait until the second and final public hearing. d) Mr. Richard Hales to discuss fees charged for permits to pave parking lots. Mr. Hales was not present at the meeting at this time. 85-41 AGENDA ITEM #V - COUNCIL _HEARING RELATIVE TO REVOCATION OF AN OCCUPATIONAL LICENSE FOR A PAC KA,F STORE AND DISCUSSION OF AN ORDINANCE AMEND ENT. Director Fortner explained to the Council that the letter requesting the owners of A and M Liquors appear before the Council stated the hearing would begin at 4:00 P.M. Mayor Chapman stated the agenda item would be passed at this time and would be discussed at 4:00 P.M. -85-22 AGENDA ITEM #VT - REVIEW OF BIDS FOR POSSIBLE APPROVAL -OF A CONTRACT TO PAVE AND RESURFACE VARIOUS CITY STREETS Director Fortner stated that three bids were received concerning the paving of various City streets. The bids received were as follows: Rock -A -Way, Inc. $117,424.56 J.J.Zayti Trucking $106,137.05 (low bid) Better Rds. of Lake Placid $114,966.68 Director Fortner stated there is approximately $130,000. in the budget for paving. Councilman Thomas made a motion to accept the low bid of $106,137.05 from J.J. Zayti Trucking of Okeechobee. Councilman Douglas seconded -the motion. Motion carried. Director Fortner explained to Council that J.J. Zayti Trucking would be doing the base work and the asphalt, the City would be doing the drainage of these streets. 85-38 AGENDA ITEM #VII - INTRODUCTION AND FIRST RFADTNC OF AN ORDINANCE TO CHANGE CITY ELECTION DATES FROM DECEMBER TO NOVEMBER Attorney Bryant stated that he had the proposed ordinance drafted for Council's approval. Clerk Thomas stated the ordinance did not include the election of the City Clerk. Attorney Bryant stated the ordinance could be read by title only 3712 5- �-l- Y�5 at this time and be set for second and final public hearing, and in the meantime the ordinance could be drafted to include the election of the City Clerk. Councilman Collins made a motion to have the attorney read the ordinance by title only, and set the second and final public hearing on June 4, 1985. Councilman Rubin seconded the motion. Motion carried. Attorney Bryant read the ordinance by title only as follows: AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE III, SECTION 10 PROVIDING FOR THE DATE OF ELECTIONS; PROVIDING CITY ELECTION DATES TO COINCIDE WITH THE GENERAL ELECTION DATES IN OKEECHOBEE COUNTY, PROVIDING AN EFFECTIVE DATE. The ordinance set for second and final reading on June 4th, 1985. AGENDA ITEM #VIII - INTRODUCTION AND FIRST READING OF AN ORDINANCE TO CLOSE SEVERAL STREETS IN THE NORTHWEST ADDITION OF OKEECHOBEE, FOR THE PURPOSE OF ALLOWING MADRAY ENTERPRISES TO USE THE ENTIRE AREA-YOR CONSTRUCTION OF MANUFACTURING Director Fortner stated this agenda item was brought back to the Council for clarification and consideration by the Council. The ordinance -was read at the last Council meeting on May 7th, 1985 and set for public hearing on June 18th, 1985. Since that time the Planning and Zoning board has considered the rezoning of the same partial of land and due to advertising, it may require another meeting the last part of June or early in July. Council might wish to consider setting the street closing ordinance on the same date as the rezoning of the same partial of land. The rezoning ordinance would require a thirty day notice to all surrounding property owners within a 500 feet radius which would be set for June 24th or 25th for the second and final public hearing. Council might wish to have a special meeting set for these two ordiances if they so wished. Attorney Bryant stated, "As far as the requirements of the law are concerned, I feel the problem was - the building department has not been following, what I considered, proper procedures on zoning ordinance amendments. The Florida Statutes provides specific procedures for zoning amendments. I understand the procedures in this particular case to be as follows: When the Planning and Zoning Board made a recommendation of denial for the request for rezoning, Mr. Rucks wanted to know what he could do then. The Building Department informed him that he would have to appeal the decision of the Planning and Zoning Board, but in my 3713 opinion this is not so. The Planning and Zoning Board is only an advisory board, they are the first step in the consideration of a proposed rezoning. They gather the necessary information concerning the rezoning, and they make a determination on their recommendation to the City Council. They must provide the Council with a report, setting out plans, and if the Council wants to do so they can over -rule the Planning and Zoning Board's recommendation or disagree their recommendation and vote to approve a zoning change, by a majority vote. This procedure should be standard in every application for rezoning, when it comes before the City Council for final approval. If it is denied at the planning level, that doesn't stop it. It still comes to the Council for final approval. There is no requirement for having a first reading and a second reading on a zoning plan. L.C. told me that we had to have a first reading of the zoning ordinance and then thirty days later the second reading. And that's not the proper procedure under the Florida Statutes. All that's required is to have a hearing and give at least thirty days notice to the property owners that you were going to have a --- public hearing. That hearing does not have to be thirty days after the Planning Board so long as you give the required notice of the Planning Board meeting and so long as you give the required notice of the Council meeting and public hearings in which you are going to consider the subject matter. They can be done within just a few days of each other. But you have to give at least thirty days notice to the property owners. If we have a meeting on the 18th and consider the rezoning application at the same time as the closing of the streets, we have not given sufficient notice under the statutes. If notice was mailed today, I think we could determine the thirtieth day would be the 20th of June. And you could have the meeting on the 20th of June, Special Meeting. I would recommend that you decide today when you want to have a meeting. The way meetings have been going lately anyway, the number of people that is going to show up at the meeting on that particular issue - it is going to be substantial, a very long meeting. I think it would cover time in itself that a regular meeting would not be proper. So I think that if you would call a special meeting setting at that time a public hearing on the proposed ordinance,, second reading and public hearing on the ordinance to close the streets and on the application for 3'714 rezoning of that property by Mr. Rucks. Have those both considered at the same time and give public notice in the paper and by mail to the effected property owners. And it would have to be thirty days from the date of notice." Councilman Rubin stated that he would agree to a special meeting being set. Councilman Collins asked what would be the first possible date for the hearing. Director Fortner suggested the special meeting be set for July 25th, 1985, for the two ordinances concerning Madray Enterprises. Councilman Collins made a motion to set the ordinance on the street closings, and the ordinance rezoning the property, for second and final public hearing at a special meeting on July 25th, 1985 at 2:00 P.M. Councilman Douglas seconded the motion. Motion carried. MEETING R .CRSSF1) Chairman Chapman recessed the meeting for 10 minutes at 3:40 P.M. MEETING CONVEN .n The meeting convened at 3:50 P.M. 85-6 AGENDA IT.M #X - REVIEW OF RTnS PQR.APPROVAL TO PURCHASE BUNKER GEAR FOR THE FIRE DEPARTMENT_ Director Fortner stated several bids were received for the bunker gear for the Fire Department, but since the bids were received, the Fire Chief has found that the items he specified did not meet the National Fire Code. Therefore, we would like the Council to reject these bids and we will readvertise for new bids to bring before the 1 Council at the next meeting. i Councilman Thomas made a motion that all bids be rejected for the bunker gear for the Fire Department. Councilmen Collins and Rubin seconded the motion. Motion Carried. AGENDA ITEM #XI - MAYOR To CALL ON THE AUDTENCE FOR ANYONE WISHIroO TO ADDRESS THE COUN.TL Mayor Chapman asked if there wa s anyone in the audience wishing to address the Council. There was no response. Clerk Thomas presented the warrant registers for Council's 3'715 approval. Clerk Thomas explained to the Council that the City Clerk was included in all previous ordinances concerning the election of officers, in the City Charter, and various sections of the Code book. Councilman Thomas asked Street Superintendent Elaers ana Director Fortner if there was some way to speed up the traffic signal in the middle of town. Superintendent Elders explained that the signal could be set faster, but it would cause more problems because it would only allow a few vehicles at the time to go (the signals are presently set at 45 seconds for each different signal, 2 minutes total waiting period). Councilman Thomas asked that the time limit be set faster at this time, since the winter season was over and there wasn't as much traffic. Director Fortner and Superintendent Elders stated they would check the traffic signal to make sure everything was working properly and try to shorten the maximum time. Councilman Thomas asked Superintendent Elders if he knew of the manholes (in the drainage ditches) that he was asking Engineer Broome about. Superintendent Elders stated that he knew of four or 5 manholes in the drainage ditches. Director Fortner explained the situation of why the manholes were placed in the ditches and stated they were presently redoing some of the ditches at this time, trying to place the manholes in the proper places. 85-41 AGENDA ITEM #V - COUNCIL HEARING RELATIVETO REVOCATION OF AN OCCUPATIONAL LICENSE FOR A PACKAGE STORE AND ISCUSSION OF AN ORDINANCE AMENDMENT Mayor Chapman stated the next agenda item to discuss was the Council hearing relative to the revocation of an occupational license for a package store and discussion of an ordinance amendment. Director Fortner was asked to begin the discussion on the agenda item. Director Fortner stated, "This was brought to my attention not too many days ago. The question was the distance between the proposed package store and the First Baptist Church. The distance, I had not measured at that time. I talked to Mr. Westbrook, Zoning Administrator, he had measured it with a couple of witnesses and wanted to verify it, -- the occupational license had already been issued. In talking to several people we got to investigating it, trying to determine what the distance jwas, there were several different numbers (measurements). And we 3'716 finally wound up getting survey crews to actually certify the distance involved, between the building and the First Baptist Church. The problem being the ordinance is not clear as to where to start measuring or stop measuring. So we measured the distance you have on your map there in front of you, an aerial map showing each one of these points. The distance was made from threshold to threshold from door to door of the buildings, a total of 700.79 feet. This is eight or nine inches over the 700 feet which is required in the City ordinance. There also is a nursery (for children) on the north of the First Baptist Church that is actually closer and was not measured, it is at least 95 feet closer to the proposed package store than the First Baptist Church would be. So with the Attorney's help we have "revoked" the occupational license that was issued in December so the Council could have their meeting to consider this issue." Attorney Bryant asked, "Could I clarify something L.C.?" Director Fortner answered, "Yes sir." Attorney Bryant stated, "We have not revoked the man's license." Director Fortner, "O.K. Wrong word." Attorney Bryant, "We have set a hearing for the revocation of that license which means that it cannot be done (revoked), until after we have this hearing. That is the purpose of this hearing. The license becomes effective depending on the outcome of this hearing today." Director Fortner, "Thank you, it was my mistake. This is just for a public hearing and hearing by the City Council. Some matters involved in this issue, one of them is off street parking. The main issue is the hearing of the Council considering the occupational license." Mayor Chapman, "Anything else L.C.?" Director Fortner, "I think probably some discussion needs to be held on that. There were several other items in the Code of Ordinances that may have some bearing or may not have some bearing on the issue. It needs to be considered by the Council. One I mentioned already is the Child Care Center or the Nursery School directly north of the parking spaces required and the plans that may or may not have been mentioned, setting out these parking spaces. The whole problem lies in the section of the Code that states the distance required to a church, a 3717 place of business that sells alcoholic beverages. I don't know exactly where to start or where to stop. This also needs to be considered by the Council at some time to clarify this part of the ordinance so that it can be interputed properly each time, consistently." Mayor Chapman, "Attorney Cassels are you representing them?" Attorney John Cassels, "Yes sir. Mr. Chairman, Councilmembers, my office represents Mr. O'Such and the principals of A and M Liquors, together with the owners of the property, Mr. Westbrook and Mr. Norton. We submit today that a occupational license was properly issued to my clients, that the establishment is in excess of 700 feet as required by your ordinance from a school or church. And accordingly there is no basis for a revocation of the occupational license. First of all we would set out for the record, that a revocation of a license is under Section 10-12 of the Code of Ordinances and must only be for cause. So we must examine what is the cause in which you are requesting to be the basis for such revocation. As far as the off street parking, it's like anything else, I think we could probably site 98% of all businesses in the City of Okeechobee with some violation of some type. I don't think we are here about off street parking. We have room for off street parking. I think what we are truly here for, is whether there should be package store in this particular location. We submit that our rights are governed by the ordinance as it exists at this time. That ordinance naturally is Section 3-3 which I wish to read: No place of business with the sale of alcoholic beverages shall be located within 700 feet of any established church or school which said distance shall be measured following the shortest route or ordinary pedestrian travel along the public highway or street from the nearest point of said place of business to the nearest point of said church or school provided that this section shall not apply to establishments selling malt beverages for consumption off premises on the beer statute. This is the ordinance code you must be goverened by in a decision of whether to attempt to revoke this occupational license. We would submit that from the door of the proposed package store to the door of the church is in excess of 700 feet. I think thats certified to by L.C. and also I think Broome, Van Ostran was involved in some of the survey. I would submit that you must be governed by your historical practices. We would submit that - in your purchase of an occupational license Captain D's, that the measurements were made from the front door of that establishment along the street and back down the street to the 3718 Primitive Baptist Church located to the Northwest to the property. We would also submit that if we went from the property lines or from the rear corner of the building in order to lessen this distance that Captain D's distance is instead of being well in excess of 700 feet would be 500 feet and 231 feet. I would submit for the Council surveying field notes and calculations related to the Captain D's occupational license. What I am trying to establish is that in the past you have measured the distance between these establishments precisely as we are asking that you measure them today. We are asking for no more or no less. And in light of this we are in excess of 700 feet and there is no basis to revoke the occupational license. Naturally, a municipality may change ordinances in the future but they can not retroactively apply ordinances or changes to vested rights. Your zoning ordinance at Section 1-3 states that nothing containing this code or in the ordinances adopted in this code shall be construed to affect any offense or act committed or done or any penalty or forfeiture incurred or any right or contract established or approved before the effected date of this code. Naturally, now to make a change of your zoning - your ordinance now, that somehow retroactively now tries to catch my client shy of 700 feet, would violate your ordinance. So we are establishing, maybe, that particular code section isn't the clearest, as L.C. points out. But we would submit that it would be improper to make an interpretation contrary to the way you have done in the past in this particular case and then have my client held responsible or damaged thereby." Mayor Chapman, "Mr. Attorney, may I ask you to look on page 1623 in your Code of Ordinances, section 22. You have a Child Care Center the terms include: day nursery, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes." Attorney Cassels, "Are you looking under what definitions schools?" Mayor Chapman, "Child care centers on 1623." Attorney Cassels, "I don't have a problem with that and that is this may establishment a child care center as a nursery, kindergarten, day care service, but it does not establish a school as a day care 3719 center. The ordinance that we unfornutately are dealing with is 3-3 which says school or church. We would submit that the definition of a day care center or nursery is not a school." Mayor Chapman, "How do you determine that?" Attorney Cassels, "By looking at a Florida case law. Florida case law Florida juris sub 29 section 2, A school is a organization of pupils for instructional purposes in classes or grades in any school center or any public school except junior colleges. We are submitting.." Mayor Chapman, "What is a kindergarten? Don't they teach numbers there?" Attorney Cassels, "We would submit that this nursery is not a school within the definition of your ordinance. We would also submit that an occupational license was duly issued and simply provides that where a person in good faith relies upon representations and actions of t a municipality corporation or municipal organization, that, and thereby is damaged by subsequent retractions or changes that the municipality can be held responsible for those expenses. We would submit that my client has spent approximately $10,000. in reliance upon the occupational license. We submit that Mr. Westbrook and Mr. Norton, if this is revoked would in effect be loosing the option of the property to Mr. O'Such and his son. We would submit that essentially, it's not fair, on the bottom line. It was issued, it was properly issued. The distance was measured as you've always measured distance in the past. Finally, we reserve your jurisdictional arguments as to the priority of the Council holding this revocational hearing. Thank you. I will be glad to answer any questions." Attorney Bryant, "Mayor, Mr. Cassels is right as to, a number of things. I've talked with L.C. and I believe the interpretation of a child care center as a school is not necessarily proper, as he said. A child care center is not necessarily a school if it does not meet the criteria. I don't believe that the child care center that is located across from the First Baptist Church meets that criteria. The Council does have a number of problems to address. Firstly, is the involvement of Mr. Westbrook in the over all process. I think one of the things that needs to be addressed is how much Mr. O'Such and his son knew of 3720 Mr. Westbrook's involvement in City affairs. If they did in fact know that Mr. Westbrook was the Building and Zoning officer, and that he was involved in the application process for occupational licenses, the good faith argument that Mr. Cassels raises on as to the activities are conduct usage today and good faith works on both sides. If they were aware that Mr. Westbrook was as involved as he is, then possibily they could not raise the element of good faith reliance upon representation of the Council knowing that he was involved with the property himself, and with the application process. The distance from the church. I don't recall - the survey's drawings that has been presented to the Council - you have lines drawn apparently from door to door from Captain D's to the Primitive Baptist Church. The distance is not however specifically set out..." Mayor Chapman and Attorney Bryant discussed the three footage measurements from the Council minutes pertaining to Captain D's request. Attorney Bryant, "You are reading from the minutes of what meeting?" Mayor Chapman, "Bonnie, what was the date of these minutes?" Clerk Thomas, "We will go check. September 12, 1983." Attorney Bryant, "Have you seen this Mr. Cassels, we are referring to, I would like for everyone to participate." Councilmembers and Attorneys Bryant and Cassels discussed the minutes of Captain D's. Attorney Bryant, "In the minutes of September 12,1983, Council took a vote and the motion by Chapman to leave the ordinance as it was and that the restaurant would be in compliance with that ordinance passed. Based on what I read here, I do not think that you can say that the City has in fact made a determination in the past that the measurement should be from door to door." Councilman Collins, "Jerry, I have a couple of things I would like to ask you. Being as the ordinance does not spell it out, just exactly, right down the line, are we bound, they don't say property line to property line, they don't say building to building, they don't say portal to portal, is this Council bound. I mean that was an interpretation of the past Council. Is this Council bound by that same interpretation? Seeing as it doesn't spell it out in any form or 3721 fashion." Attorney Bryant, "First of all, do we know for sure that the Council did in fact interpret it that way in the past. That is something you have to decide. I wasn't present at that meeting, I don't know other than what I read in the minutes. It doesn't specifically say that you (the Council) interpreted it door to door. It just says you found it to be in compliance. Councilman Collins, "O.K. second question. I would like to have somebody else besides him (Attorney Cassels) tell me that that is not a school over there." Attorney Bryant, "The one point you raised about wanting someone else to tell you that wasn't a school... I'm not sure what you mean by that." Councilman Collins, "Well I mean that he said this day care center or nursery school didn't come under a school." Attorney Bryant, "I could research that." Councilman Rubin, "I am going to propose to change this ordinance as soon as this case is over. Because it has got to be schools and day care centers has got to be added in there among other things." Mayor Chapman, "Anyone else from the Council?" Councilman Thomas, "Why didn't this come before us, I thought everything came before the Council?" Attorney Bryant, "This property was zoned commercial, and the package store is permitted principle use if it is zoned properly. There was no use in it coming before the Council or the Planning board for a rezoning request." Councilman Collins, "L.C. before any occupational license is issued like that, are they supposed to come before you to tend to the parking deal?" Director Fortner, "That's part of the building department function to make sure they have off street parking." Councilman Collins, "Is that supposed to be taken care of before the occupational license is issued or after it is issued or when?" -- Director Fortner, "It should be prior to the issuance of the license." Councilman Collins, "Well the man that was supposed to handle that is the one that said it was O.K. and it's not taken care of." 3'722 Mayor Chapman, "At this time I would like to present a petition to the City Clerk against the package store, 573 names from the First Baptist Church, Methodist Church, Brethren Church, Church of God, Latter Day Saints saying we the undersigned do protest the proposed package store for the sell of alcoholic beverages to be located at 306 Southwest Third Avenue." Clerk Thomas, "This petition is accepted and it is to be made a part of the minutes. Also other field notes from Attorney Cassels such as survey, building permits and license accepted for record." Mr. O'Such asked to speak, "This is the first time that I have had to address the Council. My father and I decided to come here we went to the City Hall and asked what the zoning rules were, etc. for liquor. Father was told that it would have to be zoned commercial, has to be 700 feet from a church and a school. He measured off a number of locations. There was no mal-intent on our part. It happened to be the best location in terms of rent we were able to find. And it was also within the 700 feet that was required. We applied for the license in the way that we learned from our attorney that we were supposed to apply for the license. I mailed it to the City. It was up to the City at that point to take care of the necessary laws, etc. The license was approved by the City, we went ahead and sent the approved license along with a rental agreement to the state saying that we were now able to apply for the liquor license, we did in which case they granted the liquor license. We preceded to improve the condition of the building. Installed a security system. Getting in touch with another local person, Knight Security. We contacted wholesellers to supply the wholesale liquor, we are ready to open business. I received a call from Mr. Fortner saying, would I mind holding up opening business until this Council has an opportunity to review the situation. And I said to him no. I am in the school system myself. I had no intention, nor did my father, to start a business in this town thats not of the highest reputable character. And furthermore I would like the support of this town. I would like to entertain any questions that anyone of the Council has." Mayor Chapman, "You stated that you measured the distance from the church to the package store?" 3723 Mr. O'Such, "No I did not. My father did." Councilman Thomas, "But you didn't measure it from the school did you?" Mr. Bob Alderman, "The ordinance calls for the shortest route, they measured the longest route. I measured it to." Mayor Chapman, "Did Mr. Westbrook measure it?" Building Official Westbrook, "I measured it but not with either one of these gentlemen." Councilman Rubin, "Were you aware at the time that Mr. Westbrook was a City employee?" Mr. O'Such, "I didn't even meet Mr. Westbrook." Councilman Rubin, "Why was the occupational license picked up in 1984 to operate a business 7 months later?" Mr. O'Such, "When you win a lottery, you have 45 days to find a location and you get zoning approval established that you have a location to start a business. From that point you have I believe 18 months - first it takes two months, 90 days for the state to send back an approved state license." Councilman Rubin, "Are you also aware that we have around 600 signatures?" �+ Mr. O'Such, "I don't really understand." Councilman Rubin, "Mr. O'Such, I'm not against you or your business or making money or anybody else in this city. I'm not against no taxpayer. But when 600 of them comes up to me and signs a petition or calls me on the phone, or writes me letters, they elected me, so I am going to have to go with them." Mayor Chapman, "Any more questions?" Councilman Collins, "I don't question you or your father but I question the City official." Attorney Bryant, "I need to make sure I keep you advised on what your duties are here today. This is a hearing on whether or not this particular occupational license was issued in error and whether or not it should be revoked because it does not comply with the ordinances of the City. You are bound by the law that we have. Now the decision you make today must be based upon the law that we have in this City. So you need to make a factual determination - are these people in 3'724 complialnce. If they are not in compliance in your eyes, then this occupational license needs to be revoked. We can change the ordinance after that. There is nothing that says you have to make an ultimate determination on whether or not to revoke this man's license today." Councilman Collins, "Until we find out if that is a school - then we can revoke his license?" Attorney Bryant, "Then you can come back and make a decision as to whether or not to revoke it at that time." Councilman Thomas, "Will you read what the definition of school is in the Code book?" Attorney Bryant, "Sure. Section 22 of the Zoning ordinance. Child care center - an establishment where three or more children other than members of the family occupying the premises, are cared for. THe term includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes." Councilman Thomas, "That to me is a school. And I'll stand on that." Mayor Chapman, "Is there anybody in the audience (that wishes to speak) ?" Mr. Bob Alderman, "I would like to approach the bench concerning a shorter normal route of pedestrian traffic." Mr. Alderman, Assistant Director Figley, Attorney Cassels approached the Council and observed the map indicating a shorter route of normal pedestrian travel discussing the route among themselves." Mayor Chapman, "Anymore discussion? If not what's your decision revoke the license or bring it back up again?" Councilman Collins, "I'll make a motion to table this discussion until we have other research done." Councilman Thomas, "Second." Councilman Rubin, "I'll second that motion that we take more time but I don't know how long." Councilman Collins, "Do you have a date for it?" Mayor Chapman, "We haven't voted on it yet. We have a motion by Councilman Collins and seconded by Councilmen Thomas and Rubin. All in favor of the motion say Aye." 3725 Councilmen Collins, Thomas, Rubin and Douglas voted Aye. Mayor Chapman, "Motion carried." Mayor Chapman asked Attorney Bryant, "We don't have to adjourn do we? We can just recess it. What day would it be convenient for you L.C.? Director Fortner, "We could get the measurements done tommorrow probably, so anytime the attorneys could meet would be fine with me." Mayor Chapman, "Attorney, Thursday?" Attorney Bryant, "I believe Thursday would be fine." Attorney Cassels, "Thursday is fine." Mayor Chapman, "2:00 P.M.?" Councilman Collins, "It won't take but 5 minutes to say yes or no." Mayor Chapman, "The meeting has been set for Thursday at 2:00 P.M. which would be May 23rd." Attorney Cassels, "Excuse me, I have a question for the City Attorney. We are at this time operating under a valid occupational ` 11 license is that not correct?" Attorney Bryant, "Well at this time the occupational license is considered valid, until this Council makes a final decision. It has not been revoked after this hearing." Mayor Chapman, "We will recess this hearing on this subject until Thursday at 2:00 P.M. at the Special Meeting, and pass the warrant registers." Councilman Rubin asked the Clerk about check #005359 made payable to the Postmaster in the amount of $50,000. Clerk Thomas stated this was an error the computer didn't pick up the Investment transfer name from the checking account to the money market account. Councilman Douglas made a motion to approve the Water and Sewer Warrant Registers in the amounts of $31,140.07 and $42,985.11. The General Fund in the amount of $40,450.24. The Canital Prn;nt-t P,,.,a 4" the amount of $38,719. The I and S Fund in the amount of $500.00. 11 Warrant register #6 to be approved later." Councilman Thomas seconded the motion. Motion carried. 85-13 Councilman Thomas asked Director Fortner if he had heard anything on the new road on the City's 154 acres. Director Fortner i 3'726 ---- --------- stated that all we have done so far is the letter Attorney Jennings has written to the Railroad, concerning the possibility of a railroad crossing being installed on the property. The City has not received a response of that letter as of this date. Councilman Douglas stated that he would like to mention a few things concerning the Florida League of Cities, Legislative Update (Datagram), the first item House Bill #591 regarding railroads. The City has three or four railroad crossings in the City that has signals, which if the House Bill passes the City would be responsible for 50% of the maintenance so as a Councilman he felt this should be addressed. The next item concerns the firefighters on the presumptious bills which comes under the firefighter's disfigurement that the City would be responsible for any presumptious causes of diseases resulting out of their occupation such as cancer, etc. If this bill passes the City would then be responsible for these. The last item, writing arbitration which means that our budget expenditures would have to go through a third party for control and for the allocations of budget expenditures - House Bill #914. Which he felt the City should make the legislators and the senators aware of the City's feelings concerning these house bills. Director Fortner was instructed to send the letter opposing the proposed house bills. Councilman Rubincommented on the news article in the Post Times concerning the interest rates the City was receiving on their C.D.'s. Councilman Rubin stated the Council should uphold the action taken by the Council on June 18, 1984, whereby it was decided that each employee should have a dismissal hearing. Councilman Rubinstated that he was against #8 in the status report concerning Mr. Jennings contacting the railroad concerning the City's 154 acres. Councilman Rub;ncommented on status report #18 concerning the additional $695.00 which was spent to install an air conditioner in the vehicle which the Council just recently approved the low bid on. He stated that in the future these things should be included in the request for bids. Councilman Rubinstated, "A year and seven months ago a young handicapped man was let go. He was a former employee of the City. I 3727 5-L- 15 have been looking for a place to put this man back to work with the City. I'm going to put this in the form of a motion and see how far it goes." Mayor Chapman, "Mr. Rubin, can I have something to say with some of your time here concerning the same thing. I have looked into our budgets and over time that the street department pays. We have got almost $3,000. in over time that we pay for the sweeper. We also hired the Rehab for about $4,800. per year. And if we could go ahead and hire this individual back, and use him whre we have these other guys using over time, landscaping, sweeper, and for the P.M. work. He could also fill in where we had someone on meter reading that was sick, he could fill in on vacations. I would say that you probably have the biggest portion of his salary right there. You would have somebody on a forty hour week, and a 8 hour day. And that he really, I think, would have more control and could be used in more different ways. We do need somebody to swing, especially on sickness. Now have we had problems in the past with the meter readers L.C.? Maybe you've had a problem or something?" Director Fortner, "We have had some situations where they have had to be away for one reason or another, sickness, vacations, etc. We have two people in the water division that are trained in reading meters in those areas." Mayor Chapman, "But on the sweeper with the overtime. We have two people that makes an average of about $2,600. per year with just i over time within one year. Is that just over time above and beyond what their normal hours are." Director Fortner, "They work eight hours a day, forty hours a week, plus the sweeping, that has been discussed in previous budget sessions concerning the overtime." Mayor Chapman, "That's all I have to say." Councilman Rubin, "Mr. Mayor, I'm not really concerned about where we are going to find the money. I believe that this gentleman �I should be put back, I said I would put this in the form of a motion, that he is to start with the same salary he was when he was let go. He also should get his 110 hours sick leave that he had accumulated which he never touched. And also, he is not gonna be getting his vacations 3728 u iJ for the past year and a half with - thats not in there, but I think the gentleman should have full seniority as to pension, vacations and longevity. And I put that right in the form of a motion that we do put this gentleman back to work and let him go under our City Clerk, I don't know, I think it is. I put that in the form of a motion that we do this and he be put in all of his proper respectives as the day he was let go." Mayor Chapman, "You've heard the motion is there a second?" Councilman Thomas, "I'll second that for discussion." Mayor Chapman, "The motion has been seconded by Councilman Thomas." Councilman Thomas, "Are you agreed with the salary that we are talking about, I mean the job. Is anyone going on vacation or rotating him. Is this included in your motion. Are you including in your motion about what Oakland was talking about?" Councilman Rubin, "Yes, anywhere. As long as it is in his category, now. I take that back when I said anywhere. His handicapped category. We cannot go and be putting him on something where he has to lift 90 pounds. That man is handicapped." Mayor Chapman, "We understand that." Councilman Rubin, "As long as its suitable for him, we would he said he would take anything he wants the job back. He wants to be restored and I think he should be." Councilman Collins, "I've got something to say. Every since I have been here I have been hearing a little bit of talk about this situation. To start with, let me say I am not in favor of hiring anybody back just because they are gonna run to a lawyer. Because if we do, we won't have three people with this City that will hit a lick. You can't fire them, you can't work them, you can't control them. Now when this man was employed, Oakland you was here, Edward you were here and I don't know if you were here or not, but yall tell me. One of his statements was that he is - he doesn't want to be considered handicapped at all. He said I can do anything yall can do. Is that right or wrong? You put him out on the Humane Society, I don't know what got to be the problem there, I wasn't here. Then you transferred him to reading meters. Well undoubtably he wasn't satisfactorily because you wanted to 3729 transfer him somewhere else. You transferred him down to the water plant and he said thats a good idea because my wife can work in the day and I can stay with the kids and then I will go to work and she can stay with the kids. He went down there and worked two nights and said he wanted to transfer back to meter reading. Am I right or wrong? And you told him that you did'nt have an opening for him there that he would have to stay where he was so he resigned. Is that right or wrong?" Director Fortner, "That's right." Councilman Collins, "Well I can't see running scared on these people. If he's handicapped he's handicapped. I believe we ought to help the boy out. But if he is not handicapped to the extent that he cannot work, and he just won't work, I think we ought to risk a law suit. I'm not for running scared from somebody just because he just doesn't want to work." I Councilman Rubin, "Mr. Collins. That is just talk. There is no papers, no signatures. And he says he just did not do it. He said he might of made a remark, because it was forced to be to him. But its not, no papers, no signatures. This is what my concern is." Councilman Collins, "You don't have to give a man a hearing that quits." Councilman Rubin, "Yes you do." Councilman Collins, "No you don't." Councilman Rubin, "I just read you the ordinance." Councilman Collins, "If he quits you don't have to give him a hearing." Councilman Rubin, "I just read you the ordinance Mr. Collins." Councilman Collins, "I would like to hear it again." Mayor Chapman, "He would have to ask for one." Councilman Collins, "You don't automatically give anyone a hearing if they quit." Councilman Rubin, "That's still beside the point." Mayor Chapman, "Just a minute..." Director Fortner, "May I give the Council some information?" _.. Mayor Chapman, "Go ahead." Director Fortner explained in detail by date the employment of Randy Whipple and his departure from the City. 3730 5-21-5 Councilman Rubin, "Mr. Mayor, I had the floor, I made the motion. I would like to say that we are not in court. There is a lot of things that is not being brought up. He (Mr. Whipple) is not here to defend himself. The man is handicapped. I put a motion on the floor, and I think we should put him back to work." Councilman Thomas, "Now what about this pay? What are we talking about for this park and trying him on that. I'm not - I don't say I won't fire no one - I will if they don't do their job. But if he does his job in the parkway and all what about the pay. Is the pay the same?" Councilman Rubin, "The same he was getting paid when he was let go a year and a half ago. With everything that he has coming." Mayor Chapman, "What about putting him on six months probation?" Councilman Rubin, "He has already served his probation. He has got longevity of seven years." Director Fortner, "Each new job has a probation period." Mayor Chapman, "Do you have a problem with that - the probation period?" Councilman Thomas, "Yea, I think the probation period." Mayor Chapman, "Is that O.K. Do you want to include that in your motion, Mr. Rubin?" Councilman Rubin, "Yes, as long as we get this man back, according to his handicapped and we can use it for the longevity of seven years or whatever it comes to." Councilman Thomas, "I'll second it with the pay the same. I'm not giving him any time, you know built up time or anything. Just like starting a new employee." Director Fortner, "His motion was to give him all of his back pay, vacation and sick leave." Councilman Rubin, "The same as when he left." Mayor Chapman, "Mr. Rubin, would you leave all of that out, and settle for just putting him back?' Councilman Rubin, "You mean leave everything out and put the man back to work. You are going to have to ask him about that." Mayor Chapman, "Well we can vote on it, if he don't accept it, if it's approved. He doesn't have to accept it." 3731 Councilman Rubin, "He will accept it, if he gets everything back the way it was when he was let go." Councilman Douglas, "In regard to this, L.C. I believe and Mr. Fellows and Mr. Whipple and I sat down and discussed the situation. Mr. Fellows and I and with L.C. I believe discussed the possibility of working something out for the median strips and the park way. There was even some talk about him contracting it from the City. And after discussion, back and to from Mr. Fellows, according to Mr. Fellows' statement to me, was that he had decided to drop it and go to school and seek another occupation at the time. And secondly if he's to do this type of work, I think he should be under the streets and park not the City Clerk. She has all the responsibility she needs. And she can't run out and check on somebody to see if they are doing their job on a parkway somewhere. I think that if it does pass by the Council to hire him and bring him back, it should be under the Streets and Parks." Director Fortner, "I don't believe I was in that meeting." Councilman Douglas, "O.K. I stand to be corrected. Mr. Fellows, Mr. Whipple and myself." Mayor Chapman, "I would like to add that if it's approved, I don't have any problem with it. I think it should be under the street department. But I also feel that if he is going to be put on immediately. Chuck, would you have a problem with him working under you?" Superintendent Elders, "No I don't have nothing against the man at all." Mayor Chapman, "Putting him on six months probation." Superintendent Elders, "What's going to happen in six months and he doesn't do the job, and.." Mayor Chapman, "I've had some men quit a couple of people, L.C. said and Steve said, but there are also people around here that says he did his job when he was a water meter reader. That's debatable." Superintendant Elders, "You've got him working out of different departments. He won't be under my charge." Mayor Chapman, "He should be under your department." Superintendant Elders, "Well then he would'nt be reading meters then would he?" Mayor Chapman, "Not unless they had an emergency or something. Mr. Rubin, before we vote on this about this sick leave and stuff." 3732 Councilman Rubin, "My motion stands as I read it." Mayor Chapman, "With the sick leave?" Councilman Rubin, "Yes." Councilman Thomas, "With the sick leave?" Councilman Rubin, "With everything the man should have coming as if he does win the case or when he had left the job." Councilman Thomas, "I thought you waived that, just hiring him as is? I can't believe -if the man quit his job he is entitled to it." Councilman Rubin, "Now Mr. Chairman, I'll stand on my motion. If it's voted down or voted for." Councilman Thomas, I want to withdraw my second, until I find out what his motion is clear." Councilman Rubin, "I would ask, call for a second three times." Mayor Chapman, "What is your motion again Mr. Rubin?" Councilman Rubin, "That we restore this gentleman, Randy Whipple, to his job that he was let go a year and a half ago to the full extent as he was when he was let go." Mayor Chapman, "Including sick time? Do we still have a second?" Steve McGee, "May I address the Council?" Mayor Chapman, "State your name please for the record." Steve McGee, "My name is, Steve McGee. The thing that I want to say is on behalf of Randy, the last thing that he would want you to do is to make the decision yes or no. That's your decision. But he would'nt want you to make your decision based on a threat of sueing the City. That's all I have to say." Mayor Chapman, "Thank you." Mayor Chapman, "O.K. Councilman Rubin made a motion, and the motion is still with a 110 days sick leave, restored benefits. Does your motion still stand, Mr. Rubin?" Mayor Chapman, "Do I hear a second to Mr. Rubin's motion? Motion dies for the lack of a second." Councilman Thomas explained to the Council that Mr. Richard Hales complained about the fees charged for permits required to have his parking lot paved. Councilman Thomas stated he felt these permits should have been included in his original building permit. Council members discussed the cost of the permits briefly. 3733 -71 ' . 5-L-%51 After discussion, Councilman Thomas made a motion to waive the fees for the permits and refund his money. Councilman Rubin seconded the motion. Director Fortner explained that if these fees were waived, those in the past who have purchased permits, would request their moneys be refunded. Councilman Thomas explained that he just found this mistake today, (paving permits are not included in the ordinance book), and he could not do anything about those permits purchased in the past. Director Fortner stated these ordinances needed to have work done on them clarifying certain things. Attorney Bryant suggested the City not refund anybody who has purchased permits in the past. The City could however, waive all future permits. The ordinance would have to be amended to waive the permit fees. Councilman Thomas withdrew his motion. Councilman Rubin withdrew his second. Director Fortner explained to the Council that the bridge on S.E. 8th Avenue was rated #2 out of 10 by a private engineering firm by theD.O.T.which says the life expectancy of the bridge is maybe 1 year. Funds for replacing the bridge are trying to be found at this time. D.O.T. funds are not available. The price of a concrete bridge is $80,000 to $100,000. The cost of a wooden bridge is approximately $50,000. Concrete box culverts and installation and removing the old bridge will be approximately $50,000 maybe less. Director Fortner suggested the Council consider hiring an engineering firm to study the situation and then tell the Council of the best possible solution. It will take approximately 4 to 6 months for the City to get all of the necessary permits from the D.O.T. Clerk Thomas explained to the Council that the $50,000. check made payable to the Postmaster was an error. The check was actually made payable to First Fidelity in a money market account. Councilman Douglas made a motion to approve the General Fund Warrant Registers in the amount of $156,156.23. Councilman Collins seconded the motion. Motion carried. 3734 5- 2 I - MEETING RECESSED Mayor Chapman recessed the Council meeting until May 23rd, 1985 at 2:00 P.M. ATTEST: 0 0', wr(mul, I IR � V� :• =; MAYOR OAKLAND R. APMAN