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1985-08-06 Regular Meeting37'77 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. Mayor Oakland R. Chapman called the meeting to order with the following Councilmen present: Mayor Oakland R. Chapman Vice Mayor Andy Rubin Councilman Edward Douglas Councilman Oscar Thomas Councilman Nick Collins Others present were: L.C. Fortner, Jr., Administrative Assistant Jerry Bryant, City Attorney Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Street Superintendent Lydia J. Wilkerson, Deputy Clerk, Clerk Thomas and Assistant Director Figley were on vacations. AGENDA ITEM #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Steven Thompson, Assistant Pastor of the Okeechobee Church of God, followed by the Pledge of Allegiance. 85-1 AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE WORKSHOP MEETINGS OF JULY 8. 9. 10, 1985, AND THE REGULAR MEETING OF JULY 16, 1985 There being no additions or deletions, the minutes were approved as presented. AGENDA ITEM #V - APPEARANCES: 85-16 (A) Mr. Jameg Patterson to discuss his company's ability in assisting the City of Okeechobee to obtain grant funds. Mr. Patterson addressed Council advising them of his company's ability to offer assistance to the City in obtaining grant funds. A retainer fee will not be required. The City will be charged by the amount of applications filed. After discussion, Councilman Rubin made a motion that the City write a letter to Candeub, Fleissig and Associates, stating the City wished to retain them as the City's grant counselor. Councilman Douglas seconded the motion. Motion carried. • •" -_ •-n1 • 4.• • - •�• :•h4 I owl it 4-14 %9Z MWT-14 U144 ! -141 • 4.4.•- • ,•. • -• P E74 M.• Property, site of new n• plant. Mr. Jim Horton addressed Council concerning the following items: 1. Possible property tax exemption for the property where the manufacturing plant is located, for the next 5 years, which would help his company offset the training cost for their employees. 2. Proposed alternate truck routes for the manufacturing facility (Original route N.W. llth Street. Proposed truck route: Extend N.W. loth Avenue to N.W. 13th Street. The 3778 road will only be shelled at this time). Council stated they would like to study the proposed routes before they made a final decision. 3. Possible waiver of water and sewer tap fees (Since the City previously waived the fees for the Chamber of Commerce). Council agreed this action was taken, but only because the Chamber of Commerce was located on City owned property. Councilman Thomas asked Attorney Bryant if the City could waive the ad valorem taxes for certain establishments. Attorney Bryant stated this could be done by referendum only. Then the Council could adopt an ordinance which would provide exemption for certain establishments from ad valorem taxes. He then stated the City would have to amend the "No Free Service Ordinance" before any fees could be waived. Council stated they would like to study the situation before any decisions were made concerning these requests. Attorney Bryant suggested the Council consider making the following corrections to the ordinance: - That abstractors be included in the professional category. - That all repair services be charged the same fee ($30.00). - That Vehicles for Hire have a cross reference - Taxi Service. - Mobile Home parks be charged on a per unit fee. Council members agreed to the changes. Fire Chief Tomey requested a new category be made for Paint & Body Shops, under the category of Automobiles, where a Fire Permit would be required. Council discussed the category and agreed for the category Paint and Body Shop be included in the ordinance at $30.00 per year with a fire permit required. Council discussed the possibility of a fee being charged for fire permits. No decision made at this time. Councilman Collins made a motion that the ordinance be adopted with the changes as recommended by the Attorney. Councilman Rubin seconded the motion. Motion carried. Councilman Thomas made a motion that the ordinance be adopted. Councilman Douglas seconded the motion. Mayor Chapman asked if there were any comments from the audience/Council. There being no comments, the motion carried. Mr. Jack Williamson requested the Council authorize the Mayor to sign the easement agreement between the City and Mr. Carl Durrance. Mr. Williamson stated that he agreed to purchase the necessary material and install it, and then donate everything to the City. Mr. Durrance in turn would agree to sign the agreement for the construction easement for the maintenance of the sewer lines. Councilman Douglas questioned whether a satisfaction release would be signed by Carl Durrance after the work was completed. 3779 -E-%b Mr. Williamson stated that the attorney could draw up a release of satisfaction for Mr. Durrence, and he in turn for the Mayor's signature on the agreement, and would agree to voluntary annexation. Councilman Thomas made a motion to authorize the Mayor's signature on the construction easement. Councilman Douglas seconded the motion. Motion carried. Mr. Williamson thanked the Council for their decision, and then asked that the Council increase Councilman Rubin's term on the Central Florida Regional Planning Council as the City's representative, from 1 year to 4 years. Councilman Collins made a motion to increase Councilman Rubin's term as the City's representative on the Central Florida Regional Planning Council from 1 year to 4 years. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM #VIII - ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO REMIT TO THE CITY. TAX DOLLARS FOR WHICH NO REAL AND SUBSTANTIAL BENEFIT HAS ACCRUED TO THE CITY. Attorney Bryant read the resolution in it's entirety as follows: A RESOLUTION REQUESTING ACTION BY THE OKEECHOBEE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH CHAPTER 125.01 (6) (A) FLORIDA STATUTES. WHEREAS, Article VIII, Section 1 (h) of the 1968 revision of the Constitution of the State of Florida prohibits the taxation of property situated within municipalities for service rendered by the County exclusively for the benefit of property or residents in the unincorporated area of the County; and WHEREAS, the Florida Supreme Court has determined the provisions of - Article VIII, Section 1 (h) are self-executing; and WHEREAS, the Florida Supreme Court has further interpreted the aforesaid constitutional prohibition to extend to those facilities and services which are of no real and substantial benefit to property or residents situated within municipalities; and WHEREAS, Section 125.01 (6) (a), Florida Statutes, provides procedures for the governing body of a municipality to petition the Board of County Commissioners for relief from above described conditions; and WHEREAS, Section 125.01 (7), Florida Statutes, requires Boards of County Commissioners to expend all County revenues, excepting those obtained specially from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, for county wide services, programs and projects; and WHEREAS, the City of Okeechobee herein identifies and itemizes services rendered by the County, financed by County wide revenues and ad valorem taxes, and which provide no real and substantial benefits to residents and taxpayers of the City of Okeechobee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, as follows: Section 1: That pursuant to Section 125.01 (6) (a) Florida Statutes, the following services are hereby identified to the Board of County Commissioners of Okeechobee County, Florida, as being rendered specially or exclusively for the benefit of property or residents in the unincorporated areas of the County, and/or as being of no real and substantial benefit to property or residents located within the City of Okeechobee, Florida although financed from County wide revenues: a) All costs related to County building inspections, zoning, comprehensive planning and subdivision regulations. 3780 F- & - � b) Engineering costs relating to subdivision review and inspection. c) Road patrol and investigations as provided by the Okeechobee County Sheriff's Office, including: Appropriate payroll, administrative, operating and capital costs. d) Fire control expenditures not covered by revenues derived from county fire/rescue Municipal Service Taxing Unit (MSTU), including all contracts and contributions for fire services, state forestry assessment, and capital outlay including costs of land for fire substations. e) All above costs of services to include appropriate payroll overhead, overhead, supervision, administration and capital costs, including: costs of accounting, purchasing, building maintenance, personnel and other similar direct and indirect costs of providing services. Section 2: That the Board of County Commissioners of Okeechobee County, Florida, is hereby petitioned to develop appropriate mechanisms and take appropriate actions under the provision of Section 125.01 (6) (a), Florida Statutes, to finance the aforesaid services, facilities and activities from revenue other than those derived from taxation, assessments or service charges on property or residents within the City of Okeechobee. Section 3: The Board of County Commissioners of Okeechobee County, Florida, is further petitioned to continue to comply with Florida Statutes 129.01 (2) (b) and to utilize, to the extent necessary, Florida Statute 129.021. Section 4: The Board of County Commissioners of Okeechobee County, Florida, is petitioned to return to the City of Okeechobee, the amount of taxes, service charges and/or other revenues paid by residents and taxpayers of the City of Okeechobee; as well as all other revenues excepting those revenues obtained specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, as set forth in Florida Statute 125.01 (7), to the extent utilized to finance services identified in Section 1 of this Resolution for fiscal year 1985-86, and for each ensuing fiscal year, until such time as alternate financing mechanisms have been implemented and "double taxation" conditions have ceased to exist. Section 5: The City Clerk is hereby directed to transmit a certified copy of the Resolution to the Board of County Commissioners of Okeechobee County, Florida. Section 6: This Resolution shall take effect immediately upon its adoption. Introduced and adopted in regular session of the Okeechobee City Council assembled this day of , 1985. Councilman Douglas made a motion to adopt the resolution. Councilman Collins seconded the motion. Motion carried. Mayor Chapman recessed the meeting at 4:10 P.M. MEETING CONVENED The meeting convened at 4:20 P.M. 11 AGENDA ITEM IIX -- DISCUSSION ANT) ACTION BY THE COUNCIL ON AN AGREEMENT BETWEEN -THE CITY OF OKEECHOBEE AND _ THE OKEECHOBEE BEACH WATER 3781 Administrative Assistant Fortner explained that the agreement which was passed last year by the Council, concerning the Okeechobee Beach Water Association, was now ready to be signed. Council discussed the agreement. Councilma Rubin stated that he was against the long term agreements such as this one (10 years). After discussion, Councilman Douglas made a motion to approve the 10 year agreement with Okeechobee Beach Water for the 10 year period (October 1, 1984 to September 30, 1985). Councilman Thomas seconded the motion. Administrative Assistant Fortner asked if the agreement could be signed as of 10-1-84. Attorney Bryant stated it could since that was the date the agreement was first approved. Mayor Chapman asked for a vote on the motion. Councilmen Douglas, Thomas and Collins voted yes. Councilman Rubin voted no. Motion carried. ti _ _' '•,c4943 to, Councilman Thomas made a motion to authorize the Mayor's signature on the agreement. Councilman Douglas seconded the motion. Motion carried. AGENDA ITEM #XII - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE .ORDINANCE CODE OF THE CITY OF OKEECHOBEE SPECIFYING THE L7 L1\Lit REQUIRED DISTANCE BETWEEN A BUSINESS SELLING ALCOHOLIC BEVERAGES AND A !I CHURCH OR SCHOOL. Councilman Douglas made a motion for the ordinance to be read by title only. Councilman Collins seconded the motion. Motion carried. i Attorney Bryant read the title as follows: AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-3 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA, WHICH SECTION RESTRICTS THE LOCATION OF BUSINESSES ENGAGED IN THE SALE OF ALCOHOLIC BEVERAGES; ADDING CHILD CARE CENTERS TO THE PROTECTED ACTIVITIES; PROVIDING METHOD OF MEASURING THE REQUIRED DISTANCE; PROVIDING THAT APPLICATION FOR OCCUPATIONAL LICENSE FOR BUSINESS FOR THE SALE OF ALCOHOLIC BEVERAGES SHALL INCLUDE CERTIFICATE AND DRAWING BY CERTIFIED LAND SURVEYOR SHOWING DISTANCE OF PROPOSED BUSINESS FROM NEAREST CHURCH, SCHOOL OR CHILD CARE CENTER; PROVIDING THAT AMENDMENT SHALL NOT APPLY TO EXISTING BUSINESSES PREVIOUSLY ISSUED SUCH AN OCCUPATIONAL LICENSE NOR TO THOSE APPLICATIONS FOR SUCH LICENSE PENDING AT THE EFFECTIVE DATE; PROVIDING AN EFFECTIVE DATE. Councilman Thomas made a motion to set the ordinance for second and final public hearing on August 20, 1985. Councilman Douglas seconded the motion. Motion carried. . 0I' SIM-15 111 AR8113 , There was no one in the audience wishing to address the Council. AGENDA ITEM #XIV - MAYOR TO CALL ON THE CITY CLERK, CITY ADMINISTRATOR. CITY ATTORNEY AND MEMBERS OF THE COUNCIL FOR REPORTS AND/OR REQUESTS. ----g5-22 Councilman Collins stated that Willard Mays had asked him to see about the possibility of the City closing the alleys behind his car lot.. Mr. Mays informed him of having problems with vandalism and he felt that by closing the alleys and fencing them, it would help with the problem. Mr. Mays owns the whole block except for 2 blocks which is 3782 F-6- �� owned by Mrs. Hancock. Both Mr. Mays and Ms. Hancock have agreed to sign a written easement if the City will agree to close the alleys. After discussion, Councilman Collins made a motion that the City close and vacate the alleys located in Block 90, providing the 2 adjoining property owners sign the written easement agreement. Councilman Douglas seconded the motion. Motion carried. 85-22 Councilman Collins stated that Diamond R./Ranch Fertilizer had requested the alleys located in blocks 52 and 53 be closed and vacated. Councilman Collins made a motion that the City close and vacate these alleys located in blocks 52 and 53, providing the property owners sign a written eastment agreement. Councilman Thomas seconded the motion. Motion carried. Councilman Collins asked Administrative Assistant Fortner if he could explain the reasoning of the ordinance concerning the alley footage, which says you cannot have the edge of your building within 0 to 8 feet from an alley. Administrative Assistant Fortner stated that he could not explain the reasoning but he would contact Dr. Bartlett who helped the City in drafting the ordinance and would have the information for the Council at the next meeting. Deputy Clerk Wilkerson presented the Warrant Registers for Council's approval. Mayor Chapman asked Administrative Assistant Fortner to bring the Council up to date on the situation concerning the Pecan Tree, with Ms. Libby Kersey. Administrative Asst. Fortner stated that the insurance company was going to present Ms. Kersey with a check for $600.00 to replace the pecan tree. Mayor Cha man questioned the status of the drop off payment box for the water bills to be installed in the City Hall parking lot. Adm. Asst. Fortner stated that he would get with the Mechanic, Alfred Fisher, to see how long it would be before the box was ready to install. 85-45 Mayor Chapman stated that there was someone in the S.E. section of town, selling lumber off their truck which seemed to be causing some problems, but the truck ordinance that is being prepared at this time —' will correct the problem. 85-51 Mayor Chapman questioned the status of the alley situation between Mr. Porter and Mr. Butler. Attorney Bryant stated that there was a question as to whether the described property was an alley or an easement. He stated that he would like to research the property records at the County Courthouse to find out for sure before the Council made any decision. He explained to the Council that if it was determined to be an alley, the Council had the right to recind the agreement, since it has been proven that Mr. Porter did not explain to the Council that he was intending to use the alley for parking. The alley could then be opened for public use. If it was determined to be an easement, then Mr. Butler would have no right to use the property since Mr. Porter owns the property on either side of the easement. After further discussion, Councilman Thomas made a motion to authorize the Attorney to find out if the property was considered an alley or an easement. If it is found to be an alley, the attorney has permission to write Mr. Porter informing him that the Council has decided to recind the agreement, and the alley was to be opened for all parties concerned to use. If it was found to be an easement, then the Attorney could notify Mr. Butler informing him of the situation. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Thomas, Collins and Douglas voted for the motion. Councilman Rubin voted against the motion. Motion carried. Mayor Chapman questioned Chief Mobley concerning the 12 1/2% pay increase for Lieutenant Farrenkopf, in being promoted to Captain. Mayor Chapman stated that he was not opposed to the promotion, just the amount of the pay increase at this time. Chief Mobley asked if the Council would agree to Lieutenant Farrenkopf receiving 5% now, 2 1/2% in October and the rest of the increase later on during the year in a merit raise. Councilmembers discussed the pay increase and agreed on the 12 1/2% pay increase being distributed over the year as suggested by Chief Mobley. Mayor Chapman asked about the status of Fire Engine #1 being repaired. Chief Tomey stated that it would take about $1,000. to repair 3783 -U)-fib the truck, and he would get with the mechanic concerning the amount of I time it would be for the truck to be repaired and report back to the Council at the next meeting. Councilman Rubin stated that he felt the City should use City Funds to repair the truck, not asking for donations. Councilman Collins stated that he felt the money could be raised by donations, if the Council would allow him some time to see if the funds could be raised. Mayor Chapman stated the Council would allow Councilman Collins a chance on receiving donations, if not successful, the City would pay for the necessary repair work on Fire Engine #1. Mayor Chapman stated that he felt a purchasing department would only be required for the Water and Sewer Department, and suggested the Council consider hiring someone to handle the purchasing that Steve is presently handling. This would allow Steve to help relieve some of the work load from L.C. as the Director of Public Utilities. Adm. Asst. Fortner stated that he felt the best solution would be for the City to hire another Administrative Assistant, preferably someone from Okeechobee who seemed to care about Okeechobee. He would then return to being the Director of Public Utilities only. He would be glad to help the new Administrative Assistant as much as possible, but he would like to move back to the position of Director of Public Utilities only, the area where he feels most comfortable. Councilman Douglas stated that he felt that L.C. was too good in his position of Director of Public Utilities to try and replace. He also felt the position of Administrative Assistant was too political for L.C. to jeopardize his many years of service with the City. Councilman Thomas stated that he agreed with Councilman Douglas' statement. Councilman Collins stated that if everyone felt this was the best solution, the City should begin advertising the position of Administrative Assistant as soon as possible. Councilman Rubin stated that he agreed with the other Councilmember's feelings, the position of Administrative Assistant was definently too political to jeopardize L.C.'s years of employment with the City. Council agreed that the position be advertised as soon as possible. Attorney Bryant stated that the Mulberger agreement was ready to be signed. Councilman Thomas made a motion authorizing the Mayor's signature on the Mulberger agreement. Councilman Collins seconded the motion. Motion carried. Councilman Rubin made a motion that the City begin the necessary advertising for the position of Administrative Assistant. Councilman Douglas seconded the motion. Motion carried. Councilman Douglas stated that he would like to have the following statement inserted in the minutes: "The sewer construction located behind my office, removed three trees. I asked them to set them out there so I could have them replanted. They set them out there for me, and in two hours, I had someone come by to help me and someone had come along and picked them up. Anyway, after that they told me they would either replace the trees or compensate me for them. So far, I haven't heard from either. They also removed my survey markers, and I expect them to resurvey or replace those markers back in their proper place". Councilman Rubin made a motion that the City begin advertising the sale of the City's 154 acres with the Florida League of Cities. Councilman Thomas seconded the motion. Council discussed why the City could not have any appraisals made on the property. After discussion, Mayor asked for a vote on the motion. Councilmen Rubin and Thomas voted for the motion. Councilmen Collins and Douglas voted against the motion. Mayor Chapman voted against the motion. Motion did not carry. Councilman Rubin stated that he felt the Council should consider appointing Mr. Jim Horton of Madray Enterprizes on the City's Handicapped Committee, since he is 100% disabled. Councilman Rubin stated that he would get in touch with Clerk Thomas when she returns from vacation concerning the appointment of Mr. Horton. Councilman Rubin stated that the Council could set up funds in the budget for things such as certificates of appreciation, awards, refreshments, etc. for City employees. 3784 I'- � - 95 Councilman Rubin commented on the water laying on S.E. 2nd Avenue, by the two wooden homes owned by Mr. Hamrick. Adm. Asst. Fortner stated --, that he was presently trying to include the funds ($12,000 - $13,000) to correct the situation in the next fiscal year's budget. Councilman Rubin stated that he felt the City should purchase new stationary which has all the names of the present Council. Adm. Asst. Fortner explained that this stationary was just temporary. Once all of the positions are settled, new stationary will be ordered with all names included. 85_8 Councilman Douglas made a motion to approve the warrant registers in the following amounts: GENERAL FUND WATER/SEWER FUND I & S FUND C.P. FUND $17,880.48 $62,708.08 $30,893.60 $418,207.11 71,374.26 21,919.56 $1,092,457.42 25,556.14 8,100.38 18,906.44 15,825.98 Councilman Rubins seconded the motion. Motion carried. Adm. Asst. Fortner stated the City had an employee, Johnny Bennett, that has been with the City for 25 years. Council discussed purchasing a gift for the employee. Adm. Asst. Fortner stated that the employee has a VCR and he was wanting a camera to go with his VCR if the Council would like to purchase one for him there was one on sale for $369. The money would come from the Water and Sewer budget. Councilman Collins stated that he would agree to get him a nice gift if it was legal to use City funds. Councilman Thomas agreed. Councilman Rubin stated that he still felt this should be put on the agenda, reflecting this in the budget for the future, for certificates, awards, etc., since these could be budgeted. He stated the attorney could research it, like he did. Council further discussed the purchase of a VCR camera in the amount of $369. and agreed that it be purchased. * �_ as1© There being no further business to discuss, the meeting was adjourned at 6:50 P.M. 1�- C MAYOR OAKLA D R.,RRAIETMAN ATTEST: )BNNIE S. THOMAS, CMC CITY CLERK * Note: (For auditing purposes) After research of this request by the Finance Officer, it was determined that such a purchase would be an improper use of public funds, and this action was dropped. However, an ordinance procedure is being considered that will provide legally by policy, a provision for all City employees who reach specific number of years service with the City. BST,CMC