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1986-04-15 Regular Meeting3888 REGULAR MEETING TUESDAY. APRIL 15. 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 2:00 P.M. with the following Councilmembers present: Mayor Oakland R. Chapman Councilman Andy Rubin Councilman Edward Douglas Councilman Nick Collins Councilman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Milton Davis, Administrative Assistant Jerry Bryant, City Attorney L.C. Fortner, Jr., Public Utilities Director Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia Jean Wilkerson, Deputy Clerk Sylvia Firestine, Adm. Secretary AGENDA ITEM %II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Belleville, Pastor of the Trinity Assembly of God, followed by the Pledge of Allegiance. 86-1 AGENDA ITEM %IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF ~PRIL 1. 1986 There being no additions or deletions, t. he minutes were approved as presented. 86-28 AGENDA ITEM ~V - ~UB~IC HEARING AND ADOPTION OF A RESOLUTION PROVIDING --~ FOR THE CITY AND COUNTY TO PREPARE A JOINT COMPREHENSIVE PLAN Attorney Bryant read the resolution as follows: A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A JOINT PLANNING PROGRAM BETWEEN THE CITY COUNCIL OF THE CITY OF OKEECHOBEE AND THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA FOR THE PREPARATION AND SUBMITTING OF A JOINT REVISED LOCAL GOVERNMENT COMPREHENSIVE PLAN; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY INTERLOCAL AGREEMENT TO IMPLEMENT SUCH PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is reuired by Florida Statutes to prepare and submit to the Department of Community Affairs a revised Local Government Comprehensive Plan, and WHEREAS, the City Council of the City of Okeechobee has determined that it is in the best interest of the City to coordinate the require planning activities with the Board of County Commissioners of Okeechobee County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: 1. THAT a joint planning program shall be established between the City Council of the City of Okeechobee and the Board of County Commissioners of Okeechobee County for coordination of the planning activities required for the preparation and submitting of a revised Local Government Comprehensive Plan as required by Chapter 163, Florida Statutes. 2. THAT the Mayor of the City of Okeechobee is hereby authorized to execute the necessary interlocal agreement to implement the joint planning program between the City and the County. --~ 3. THAT this resolution shall take effect immediately upon its adoption. ADOPTED this 15th day of April, 1986. 3889 APR 15 Councilman Rubin made a motion that the resolution be adopted. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin - yes, Councilman Collins - yes, Councilman Thomas - yes, Councilman Douglas - yes. Motion carried. 86-21 AGENDA ITeM #VI - MR. JIM ZAYTI, OR A REPRESENTATIVE. TO DISCUSS PAYMENT FOR PAVING DONE BY ZAYTI TRUCKING. INC,, ON S.E. THIRD AVENUE AND S.E, EIGHTH DRIVE Mayor Chapman asked the Attorney to explain the situation. Attorney Bryant stated that he wrote a letter to the Council explaining that Zayti has presented Council with a statement to pay for the work completed on S.E. Third Avenue and S.E. Eighth Drive and went on to explain the contents of the letter as follows: "At the Council meeting of February 4, 1986, I was instructed to confer with Attorney Steve Bull as to the proposal to have Zayti pave S.E. 3rd Court, which was included in the contract with Taddie UndergroUnd. The Council was proposing to take the funds allocated for that street under the Taddie contract and pay them to Zayti for doing the work. The question was whether it was best to delete that paving from Taddie's contract and contract directly with Zayti or to have Zayti sub-contract with Taddie for the paving. Because the proposal submitted by Zayti included work not provided for in the Taddie contract, we were concerned that adding it to Taddie's contract (and having Zayti sub-contract with Taddie) would jeopardize the City's entitlement to liquidated damages from Taddie for exceeding the contract completion date. On February 7, 1986, Councilman Nick Collins and Sam Joiner, of J.J. Zayti Trucking, came to my office to inquire as to what I had learned from Attorney Steve Bull. I had not made the call at that time, so I telephoned Mr. Bull while these gentlemen waited. Steve Bull advised that any change to the Taddie contract must be by change order ~ work required of Taddie, rather that adding work. To add work would necessarily extend the contract completion date and compromise the City's position as to liquidated damages and breach of contract by Taddie. This information was relayed to Councilman Collins. Mr. Collins asked me, also, if the City could contract with Zayti on an emergency basis for paving SE Third Court and SE Eighth Drive, rather than call for bids. I advised him that, because SE Third Court had a prepared base, ready for paving, the Council could determine that continued traffic on the base and the imminence of the rainy season were destructive factors which required expedited measures to avoid additional cost to the City and, thus, an emergency contract would be appropriate. As to SE Eighth Drive, however, the necessity of emergency action was not so evident and certainly no previously unpaved streets or cul-de-sacs in that area could be deemed to require emergency action. At the Council meeting of February 18, 1986, the question again arose as to paving of these streets. Engineer Jim Broome was asked about the propriety of proceeding on an emergency basis. He advised that it was "up to ya'll". The question was put to me and I restated my earlier comments to Mr. Collins, that SE Third Court could be found to require emergency action, but that other streets, especially several listed by Councilman Rubin, did not appear to require emergency action. I was advised to look into it further, the need for which I did not see, to determine if the City could pave all of the streets mentioned by Mr. Rubin on an emergency basis. My opinion in that regard did not change. Absolutely no formal action was taken by the Council on the proposal to pave SE Third Court on an emergency basis and, unless some action was taken outside of the regular meeting, I am not aware of anyone authorizing Zayti to proceed with the paving. I certainly did not. The City has now found itself in a position of "darned if you do and darned if you don't". Zayti alleges that someone at the City authorized them to proceed with the paving. Who? If direct or implied authorization was given to Zayti to pave the streets in question, even though no contract was approved by the Council, Zayti would be entitled to the reasonable value of the work done. Should the City refuse payment, Zayti could file suit to recover payment. Thus, it is my recommendation that the Council determine the quality of the work done and, if it meets City specifications, pay the reasonable value for the work. Tll 3890 APR 1 5 1986 More importantly, however, the Council should formally adopt a policy in regards to awarding contracts such as these and inform all City employees and elected officials that no such work is to be authorized except upon formal action of the Council in a duly called and noticed public meeting. The Council's propensity to informally administer City affairs is the culprit in this situation and guidelines for the conduct of business must be established to prevent similar occurences in the future." Following discussion concerning the situation, Councilman Thomas made a motion that the City pay J.J. Zayti the total amount due since the Director of Public Works has stated the streets met City specifications, and since another paving contractor had stated the City was charged a reasonable amount of money for the work completed, with the stipulation that they provide ~ the City with a Release of Lien. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - no, Councilman Douglas - yes. Motion carried. 86-26 AGENDA ITEM ~VII. - ACTION BY COUNCIL TO AUTHORIZE EMPLOYEE'S SALARY Councilmembers discussed the employee's salary increases. Performance Evaluation Score Salary Increase 1.99 and Below 0% 2.00 to 2.49 2-1/2% 2.50 to 2.99 3-3/4% 3.00 and above 5% Following discussion, Councilman Rubin made a motion that the Council --~ approve the employee's salary increases, based on the evaluations completed by the department heads, retroactive to October 1, 1985. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. AGENDA ITEM IVIII - ACTION BY COUNCIL TO APPROVE THE PROPOSAL OF BROOME. VAN OSTRAN & ASSOCIATES FOR PREPARATION OF DRAINAGE MAPS Mr. Jim Broome stated his proposal was not ready for Council's approval at this time. Councilman Collins reminded the Council that the Florida Regional Planning Council was supposed to be getting back with the Council concerning the cost for their help in the master drainage plan, and then made a motion to table this agenda item until the next meeting. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. 86-29 AGENDA ITEM #IX - ACTION BY COUNCIL TO APPROVE AN ALTERNATE INSTALLATION FOR THE S.E. EIGHTH AVENUE BRIDGE Mr. Jim Broome stated before the plans were decided on, Broome, Van Ostran and Associates analyzed all the different alternatives at that time and the price of these bridges were all in the same ball park, as far as material, preface contract, aluminum steel, corigated steel and wood. The pipe size was increased for boat traffic. What we propose today to you is aluminum to replace the cast-in-place concrete box, putting an aluminum type arch pipe, with a savings of $11,000. over the cast-in-place concrete box. This would be change order number one on the S.E. 8th Avenue bridge which we would like to have approved along with a notice to proceed pending all documents meet the approval of the Engineer and Attorney. Following discussion by Council concerning the --~ change order, Councilman Collins made a motion to approve change order number One, for the SE 8th avenue bridge, using an aluminum bridge instead of concrete. Councilman Rubin seconded the motion for discussion. Councilman Rubin questioned Engineer Broome concerning the amount of funds budgeted for the bridge. Mayor Chapman asked for a vote on.the motion. Councilman Thomas - no, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. Engineer Broome asked the Council about the Notice to proceed, after all documents had been approved by the Engineer and Attorney. T-11 T! 3891 APR 15 986 Councilman Douglas made a motion to approve the Notice to proceed .... on the SE 8th Avenue Bridge pending the documents are approved by the Engineer and Attorney. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - no, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. - ~ MEETING RECESSED AT 3:40 P.M. MEETING RECONVENED AT 3z52 P.M. 86-30 AGENDA ITEM %X - MRS. PEARL GODWIN TO ADDRESS COUNCIL IN REGARD TO OLAN GODWIN'S INSURANCE Mrs. Godwin addressed the Council explaining that the Florida Legislature had passed a bill concerning health insurance for retired employees. She stated they had filled out the required forms. Mrs. Thomas had sent them to the City's present health insurance carrier, Florida Municipal Health Trust, they turned down health coverage due to Olan's health condition. Mrs. Godwin went on to explain that she had found another insurance company through the State department which she is eligible, and Olan is eligible as her spouse, and requested the Council pay the insurance premium for them, since Florida Municipal Health Trust had turned them down. Attorney Bryant stated he had read over the material Mrs. Godwin had concerning the new insurance company and yes Mr. Godwin would be eligible to be covered for pre-existing illnesses. But it would take special action of the Council for the insurance premium to be paid for Mr. Godwin because this insurance company is not the City's regular medical insurance group. He then stated that he was not sure the City could pay Mrs. Godwin's premium becasue she was never employed by the City. Council further discussed the request and agreed to wait until the next Council meeting at which time the Attorney (with the help of a committee) will have a resolution drafted which will take care of the situation. Council agreed for the committee members to be Councilman Collins, Attorney Bryant and Steve Figley. 86-6 AGENDA ITEM ~XVII - PUBLIC HEARING AN FINAL RULING ON REZONING APPLICATION 109-R. GORDON V. AND MARJORIE C. LEGGETT Ms. Jan Tracy, Postal Service representative, addressed Council stating, the Postal Service has studied the growth in Okeechobee and they have determined the location at the intersection of S.E. 10th Avenue and Hwy. 70 East, which has approximately 8 acres, meets all of their criteria and they feel it is an excellent site for the new postal facility. Mr. Tony Ragoho, Senior Engineer, addressed Council stating the location at S.E. 10th Avenue and Hwy 70 East, had City water and sewer available and fire service. There will be 57 parking spaces at the post office, with two handicapped parking spaces. 100% parking for postal service employees will be provided. Mayor Chapman opened the floor for discussion. Councilman Collins stated the Council has turned down this site twice in the past, because it still funnels traffic the same way as the present post office location. He then asked the representatives why couldn't one of the three other locations be used. Ms. Tracy stated these locations did not meet their criteria. Councilman Rubin stated that the Postal Service has spent a lot of time concerning their research on this site, and he felt the rezoning request should be approved. Councilman Douglas stated that he was not opposed to the proposed site. He felt the study has been adequate and he feels the location is acceptable. Jack Williamson, a member of the City and County Planning and Zoning board, stating they voted 4 to 1 against the rezoning request. He went on to say that if the Council approved the rezoning request, they were just moving a terrible situation a few blocks away on the other side of the street. Following further discussion by members of the Council and public, Councilman Thomas made a motion to uphold the recommendation of the Planning and Zoning Board to deny the rezoning request. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Douglas - no, Councilman Rubin - no, Mayor Chapman - yes. Motion carried denying the rezoning request. 3892 86-31 AGENDA ITeM %XI- FIRE CHIEF KEITH TOMEY WITH A PRESENTATION OF BIDS FOR RENOVATION OF FIRE TRUCK NUMBER 4 -~ The following bids were received for the renovation of Fire Truck number 4: Southern Coach $21,500. optional/aluminum body,S24,500. 1705 NW Pine Avenue Ocala, Florida 32670 Gator Emergency Vehicles $23,637. 13185 49th Street North Clearwater, Florida 33520 Chief Tomey addressed the Council stating he has $18,000. budgeted for the refurbishing of Truck number 4. The low bid of Southern Coach of $21,500, has an optional bid of $24,500 for the aluminum body. Chief Tomey recommended the Council accept the optional bid from Southern Coach for the renovation of Fire Truck number 4. Council asked if Chief Tomey had the additional money within his budget that could be used. Chief Tomey stated he had budgeted $6,000 for the new fire hose which he could put into next year's budget, also extra money in the budget for an air pack. Following further discussion Councilman Douglas made a motion to accept the bid of Southern Coach for the aluminum body in the amount of $24,500. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. 86-5 AGENDA ITEM %XII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE TO CLOSE THE ALLEY IN BLOCK 51 Councilman Collins made a motion for the ordinance to be read by title only. Councilman Thomas seconded the motion. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 51, CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. There being no objections to the alley closing, Councilman Douglas made a motion to approve the ordinance vacating the alley in Block 51. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. 86-6 AGENDA ITEM #XVIII - PUBLIC HEARING AND FINAL RULING ON REZONING APPLICATION ll0-R. PIONEER PROPERTIES There being no objections to the rezoning request, Councilman Thomas made a motion to approve the rezoning. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. 86-18 AGENDA ITEM #XIII - ACTION BY COUNCIL TO APPROVE PURCHASE OF A BORING MACHINE. FOR THE UTILITY DEPARTMENT. FOR THE LOW BID OF $12.958.57 Asst. Director of Public Utilities, Steve Figley, stated that Mr. Fortner checked with the two companys and other cities using the equipment, as requeted by the Council at the last regular meeting, and the equipment was highley recommended. Following discussion, Councilman Thomas made a motion to approve the low bid of McLaughlin Mfg. Co, Greenville, S.C. in the amount of $12,958.57. Councilmen Collins and Douglas seconded the motion. Mayor Chapman asked for a vote on' the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. 86-25 AGENDA ITEM ~XVI - ACTION BY COUNCIL TO REPLACE OR REAPPOINT TWO CODE --. BOARD MEMBERS WHOSE TERMS EXPIRE APRIL 30. 198~ Code Enforcement Officer Tomey stated the members, Jerry Walker and Gloria Schearer, wished to be reappointed to the Code Board. Councilman Collins made a motion to reappoint the two members for a three year term. Councilmen Thomas and Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. 3893 APR ! 5 1986 AGENDA ITEM %XV - DISCUSSION AND ACTION BY COUNCIL TO AUTHORIZE A 4-WAY STOP AT N.W. NINTH STREET AND N~NTH AVENUE Following discussion concerning the various alternatives to the traffic problems on this street, Councilman Douglas made a motion that the City make a four way stop at the intersection of NW Ninth Street and Ninth Avenue. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. AGENDA ITEM %XIV - DISCUSSION AND ACTION BY THE COUNCIL ON A REOUEST FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR UNMETERED WATER Attorney Bryant stated that he had researched the FHA documents, and his legal opinion was that he did not see any problem with the City allowing the Industrial Authority to put in the water pipes into the tanks without being metered. As far as the contract documents with FHA. What's being proposed is to hook a direct 6" line into these tanks to fill them. At which point the City has no control over how much water is used out there. A meter is the only source of controling it, and there is the possibility that someone else could use the water from the tanks (not for fire purposes), which is a remote possibility but it should be considered. The Council has the right to offer to an authority such as the IDA water service, but there were other things to consider. Mayor Chapman asked if there were any comments from the Council or audience. Steve Figley addressed the Council stating they had found out after the last meeting that the IDA would not have to pay $15,000. for the meters to be installed. He stated it would only cost a few hundred dollars for the water to fill the tanks at the Industrial Authority. Following discussion, Council agreed for Mr. Berry, IDA representative to meet with Steve Figley to try to come up with an agreement for Council's approval at the next Council meeting. AGENDA ITEM %XIX - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Mr. Steve Porte~ addressed the Council requesting they close the alley located in Block 34, Lots 1 and 2. Councilmembers explained there were certain procedures to follow such as picking up an application from the City Clerk and complete it and have the approval of the adjoining surrounding property owners. Mr. Norman Prahl addressed the Council concerning the sewer connection fees being refunded. Steve Figley stated that Director Fortner had contacted the health department and the determination was made that the requirement to connect could be waived for a period of one year beyond the legal requirement to connect in the event that the Health Department makes the determination that your septic system is inadequate, needs some emergency replacement and the amount of funds are expended forward at that time, in other words to make your house liveable because of the delay in hooking up the sewer, your requirement to connect can be delayed for a one year period of time. AGENDA ITEM #XX - MAYOR TO CALL ON CITY' CLERK. CITY ATTORNEy, ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND/OR 86-8 Clerk Thomas presented the warrant registers for council's approval. Councilman Douglas made a motion that the warrant registers be approved as presented. Councilman Collins seconded the motion. Motion carried. Attorney Bryant explained the results of the arbitration hearing on the Best Striping contract. Best Striping was requesting in excess of $6,000. for striping work that was performed allegedly under the contract, but was in excess of the contract work. An award was given by the arbitrator in the amount of $4,049.94 to Best Striping. An appeal will be made on the decision.made by the arbitrator. Administrative Asst. Davis stated that Mr. Patterson had contacted him concerning the CDBG grant application. 'The City has been numbered 21. Mr. Patterson stated to Mr. Davis by phone that he was appealing the grant decision at this time and would notify the City at a later date concerning the status. 3894 APR 15 1986 Administrative Asst. Davi~ stated the County Commissioners voted to -~ join in with the City in the Comprehensive Plan application. Administrative Asst. Dav~q stated the County Commissioners were willing to consider a joint effort for the renovation of the railroad station. 86-3 Administrative Asst. Davis directed the Council's attention to status report item #7: Street Paving Project: As pointed out in previous notice, the improvement budget for the City of Okeechobee now has approximately $60,000. remaining for street paving; however, $20,000. was budgeted for striping of City streets. We need to have a determination as to whether this $20,000. could be added to the improvement budget creating approximately $80,000. for the proposed street paving program. With the possibility of saving $11,000. on the S.E. 8th avenue bridge installation, it moves it up in the area of $90,000. for the street paving program. 500 lenial feet in of construction costs an average of $75,000. We have 900 lenial feet in the paving program now (16 streets). I would like the determination of whether we can put the striping money with the $60,000. for a total of $80,000. and the $11,008. savings. Then I would like to ask for Council's approval to proceed with the advertisement of bids for the streets to be paved. Following discussion, Councilman Thomas made a motion that the $11,000. savings, and the $20,000. for striping, be added to the street improvement line item, and advertise for bids paving as many streets as possible. Councilman Collins seconded the motion. Motion carried. Mayor Chapman asked if the survey had been completed on the property owned by John Ed Watford, involving the City's water main. Steve Figley, A.D.P.U., stated the water line was 6 feet on Mr. Watford's property. Attorney Bryant stated there would not be any problem with closing the alley as long as the City would be able to go on Mr. Watford's property to work on the water line if necessary. Following discussion Councilman Douglas made a motion authorizing the attorney to draft the necessary ordinance closing the alley in Block 112 and 113, with the utility easement for repair work on the water --~ line. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM ~XXI - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 6:30 P.M. ATTEST: BONNIE S.V .OMAS, 2 MC CITY CLERK