1982-01-26 Regular Meeting`?t�91
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82-15
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REGULAR MEETING
TUESDAY, JANUARY 26, 1982
The City Council of the City of Okeechobee, Florida, convened in regular session in the
City Council Chambers, City Hall, Okeechobee, Florida, on Tuesday, January 26, 1982, at 7:00
P.M.
Chairman/Mayor Edward W. Douglas presided with the following Councilmen present: Dowling
Watford, Jr., Donald Burk and Oakland Chapman. Councilman Knight was absent.
Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C.
Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief
Keith Tomey and Deputy Clerk Mary Ann Holt.
Chairman Douglas called the meeting to order, Councilman Burk offered the invocation and
the Pledge of Allegiance was given.
APPROVAL OF MINUTES
Councilman Burk moved to approve the minutes of the January 12, 1982, regular meeting and
the January 18, 1982, workshop session. Seconded by Councilman Chapman. Motion carried.
HELEN RICHARDS, INDIAN RIVER COMMUNITY
MENTAL HEALTH CENTER, REQUESTING APPROVAL
FOR FILING OF GRANT APPLICATION TO
ASSIST SPOUSE ABUSE CENTER
Ms. Helen Richards of the Indian River Community Mental Health Center appeared before the
Council requesting the Council's approval for filing of a grant application to assist the
Spouse Abuse Center.
Ms. Richards informed the Council the main objective of the Spouse Abuse Center is to
provide temporary emergency shelter for battered spouses and their children. The grant is to
be applied for jointly by the City and the County in the Center's name.
Council members briefly questioned Ms. Richards regarding the funding of the program as
well as the program itself.
Councilman Burk moved to support the Spouse Abuse Program. Seconded by Councilman Watford.
Motion carried.
PUBLIC HEARING - FINAL READING
ORDINANCE AMENDING MUNICIPAL CHARTER
OF THE CITY OF OKEECHOBEE
Chairman Douglas informed the Council of the public hearing and final reading of an
ordinance amending the Municipal Charter of the City of Okeechobee to provide that the Council
may create and abolish offices.
Chairman Douglas read the Ordinance in its entirety:
AN ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF
OKEECHOBEE, FLORIDA, AMENDING ARTICLE V, SECTION 25, TO
PROVIDE THAT THE COUNCIL MAY CREATE AND ABOLISH OFFICES;
AMENDING ARTICLE VI, SECTION 28, PROVIDING FOR THE
COMPENSATION OF CITY OFFICERS AND REPEALING THE PROVISION
PROHIBITING THE CHANGE IN COMPENSATION DURING THE TERM OF
OFFICE; PROVIDING AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS:
SECTION I. The Charter of the City of Okeechobee be and hereby is amended as follows:
ARTICLE V. THE CITY COUNCIL
Section 25, Create and abolish offices
The City Council shall have power and is hereby authorized,
to create such a€€}ee-ep offices ar��-ape fie- -ep� earzee
€ep-�l3e-a��63i3�i1�ie19�-ep-epee$3ei1-a€-a��-e�te�i-a€€�eee-a8d
apt- a -ape }fie-€ep- ire-a��e a eta -a€-sHeh- employees-er-the
e�eeee-a€-eaek-�eap�-ep-�eap�e as shall be necessary for
the good government of the city and shall provide for the
appointment of the necessary employees to such offices and
provide for the compensation of the employees so appointed.
Creation of offices of department head level or higher shall
be by ordinance. The City Council shall have the power to
abolish by ordinance at anytime any office created by them,
but shall not abolish an office created under this act.
SECTION II: THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW.
Introduced and passed on second and final reading this 26 day of January , 1982.
Chairman Douglas informed the Council the amendment made to the Ordinance at the first
reading is stipulated.
Councilman Watford questioned the title of the Ordinance stating the last sentence should
be deleted as it deals with another Ordinance.
Councilman Watford moved to amend the title of the Ordinance deleting "and repealing the
provision prohibiting the change in compensation during the term of office". Seconded by
Councilman Burk. Motion carried.
After further brief discussion, Councilman Watford moved to adopt the Ordinance. Seconded
by Councilman Burk. Motion carried.
PUBLIC HEARING - FINAL READING
ORDINANCE AMENDING MUNICIPAL
CHARTER OF THE CITY OF OKEECHOBEE,
FLORIDA
Chairman Douglas read the Ordinance in its entirety:
AN ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING ARTICLE VI, SECTION 28, PROVIDING FOR THE COMPENSATION
OF CITY OFFICERS; REPEALING THE PROVISION PROHIBITING A CHANGE IN
COMPENSATION DURING THE TERM OF OFFICE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS:
SECTION I. ARTICLE VI, Section 28 of the Charter of the City of Okeechobee, Florida
be, and it hereby is, amended to read as follows:
ARTICLE VI. COMPENSATION OF CITY OFFICERS; PERFORMANCE BONDS
Section 28, Compensation of Officers
The City Council shall fix the compensation of all officers
before the election or appointment of said officers. wia-ieh
ea�d-eex��er�ea��ee-sl3a��-Ae�-�e-ei�aege�-�ap�.eg-�13e�p-�ep�-e€
e€€4ee,
SECTION II. THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW.
1982. Introduced and passed on second and final reading this 26 day of January ,
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Mr. Andrew Rubin appeared before the Council stating he felt this Ordinance should
state "department heads or higher".
Chairman Douglas informed Mr. Rubin this Ordinance affects elected officials stating
that the current ordinance stipulates the salary cannot be changed during the term of office.
After discussion between Council members, Councilman Watford moved to adopt the Ordinance.
Seconded by Councilman Burk. Motion carried.
PUBLIC HEARING - FINAL READING
ORDINANCE AMENDING ORDINANCE 432
Chairman Douglas informed the Council of the final reading of an Ordinance amending
Ordinance 432 and read the Ordinance in its entirety:
AN ORDINANCE AMENDING ORDINANCE NO. 432 RELATING TO GARBAGE AND
TRASH PICKUP AND DISPOSAL; AMENDING ARTICLE III, SECTION 10-22(b)
TO REDUCE FROM FIVE TO THREE CUBIC YARDS THE AMOUNT OF TRASH
ALLOWED PER WEEKLY PICKUP; AMENDING SECTION 10-22(c) TO MORE
CLEARLY DEFINE THE PLACEMENT OF WASTE RECEPTACLES; AMENDING
SECTION 10-31 TO PROVIDE A FIFTY CENT PER MONTH INCREASE IN
RESIDENTIAL COLLECTION FEES AND REDUCING FROM FIVE CUBIC YARDS
TO THREE CUBIC YARDS THE QUANTITY OF TRASH FOR WEEKLY PICKUP;
AMENDING SECTION 10-32 TO PROVIDE A NEW ONE YARD DUMPSTER FEE
SCHEDULE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE City Council of the City of Okeechobee, Florida as follows:
SECTION I, Chapter 10, Article III, Sections 10-22 (b), (c), Section 10-31, and
Section 10-32, be and they hereby are, amended to read as follows:
CHAPTER 10
ARTICLE III
SECTION 10-22: WASTE RECEPTACLES AND HOURS OF COLLECTION
(b) Trash: Leaves and grass clippings in an acceptable container shall be placed
for collection adjacent to the street, highway, or alley within the public
right-of-way between the confines of the side lot lines of each single
family residence or structure. Tree trunks, stumps, limbs, trimmings, or
waste building materials, or other debris not exceeding five feet in length
shall be placed separately and shall not weigh in excess of forty pounds.
Major appliances and furniture not suitable to be reduced in size and
that weigh more than forty pounds shall be removed only upon special
request. Trash shall be placed for collection separately from garbage
and the City garbage and trash collection company shall not be required
to collect any trash, or other debris which does not c amply with the
requirements in this sub -section or which exceeds
three (3) cubic yards per weekly pickup unless authorized f or special
removal at an additional charge.
(c) Location of residential waste for collection: All persons receiving
residential waste collection service persuant to this chapter shall
place waste receptacles, disposable containers and other items at the
curb side between the confines of the side lot lines of each single
family residence or other structure.
SECTION 10-31: RESIDENTIAL COLLECTION FEES
There is hereby assessed against each owner, tenant or occupant of each dwelling
house in the city a garbage and trash collection fee. The fee is hereby set at €4ve
de��a�e-4$5=A9� five dollars and fifty cents ($5.50) per month and pays for garbage
pickup consisting of not more than four thirty gallon garbage cans once per week and
such containerized rubbish, trash, and other debris, which does not exceed forty pounds
in weight nor more than €-ive-k54 three (3) cubic yards in quantity.
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SECTION 10 -32: FEES FOR SERVICING DUMPSTERS
There is hereby assessed against each owner, tenant or occupant of each business establishmen
in the city a garbage and trash collection fee for each dumpster rented by the owner, tenant
or occupant an amount as indicated by the following schedule:
Container
Size
Charge per Month
1 x week 2 x week 3 x week 4 x week 5 x week 6 x week
1 cu. yd. $ 28 $ 55 $ 60 $ 75 $ 85 $ 90
2 cu. yd. $ 50 $ 70 85 T75 TTT7 $120
4 cu. yd. $ 65 $ 90 $110 $145 $165 $190
6 cu. yd. $ 80 $100 $150 $200 $255 $310
8 cu. yd. $100 $150 $185 $255 $290 $340
SECTION II: This ordinance shall take effect as provided by law.
Passed on final reading after public hearing this 26th day of January , 1982.
Members of the audience, including Andrew Rubin, Thomas R. Paul and Marvin Wheeler,
addressed the Council regarding the Ordinance.
After discussion between Council members, Councilman Chapman moved to adopt the Ordinance
as read. Seconded by Councilman Burk. Motion carried.
PUBLIC HEARING
82 -3 FIVE -YEAR FRANCHISE
WITH L. P. SANITATION
Chairman Douglas informed the Council of the Public Hearing relative to a proposed five-
year franchise agreement with L. P. Sanitation.
Clerk Thomas read the Franchise Agreement in its entirety:
GARBAGE, TRASH AND OTHER DEBRIS COLLECTION FRANCHISE
THIS AGREEMENT AND FRANCHISE, made and entered into this 1st day of
February , 1982, by and between the CITY OF OKEECHOBEE, a municipal
corporation, hereinafter referred to as city and L. P. SANITATION, INC.,
a private corporation of Okeechobee, Florida hereinafter referred to as
franchise holder,
W I T N E S S E T H:
WHEREAS, The City Council of the City of Okeechobee, Florida by virtue
of the authority vested in it, has awarded to the Franchise Holder an exclusive
franchise for the performance of certain work and services within said city
as hereinafter set forth;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the city and Franchise
Holder for the consideration hereinafter and herein named, agree as follows:
1. The City hereby grants, awards and insures unto the Franchise Holder
the exclusive right, privilege and authority to collect, move and dispose of
garbage, debris, yard and other trash within the limits of said City, in
consideration of which the Franchise Holder agrees to furnish services and to
comply with and abide by the conditions of this agreement as hereinafter
provided.
2. The franchise shall be in effect for a period of five (5) years
from and after February 1 , 1982.
3. The Franchise Holder shall, from February 1 , 1982, collect
accumulated garbage, debris, yard and other trash including limbs, leaves,
etc. from the residences, business houses and commercial establishments within
said City. For the handling and disposal of all garbage, debris, yard and
other trash, the Franchise Holder shall provide modern and efficient packer
trucks. Each truck used by the Franchise Holder shall have the name of the
Franchise Holder painted or in some other adequate and legal manner put upon
each door of the packer trucks in a conspicuous place on the side in letters
of sufficient size to be easily readable.
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. 4. The Franchise Holder shall provide a sufficient number of vehicles and
personnel to maintain an adequate collection system for garbage, debris, yard and
other trash, and trucks must be constructed and loaded so that trash will not
blow or fall from the trucks while being driven through and in the City.
5. Garbage, debris, yard and other trash accumulated by single family
residences shall be collected one (1) time each week as scheduled by the
Franchise Holder. The Franchise Holder shall collect the garbage, debris,
yard and other trash at the street line between the confines of the side lot
lines of each single family residence.
6. Garbage, debris, yard and other trash accumulated by residential units
other than single family shall be collected one (1) time each week as scheduled
by the Franchise Holder. The Franchise Holder shall collect the garbage, debris,
yard and other trash, from the area where the sanitation facilities are usually
located in multi - family complexes. Multi- family generating more than three (3)
yards of garbage, debris, yard and other trash will be required to use an
appropriate sized commercial dumpster which shall be located so as to provide
access for pickup by the Franchise Holder. Every effort should be made to
locate the dumpster in such a way that it is hidden as much as possible from
public view.
7. The hours for collection will normally be from 7:00 A.M. to 6:00 P.M.,
Monday thru Saturday and no collections on Sunday. Upon request, and due to
unusual or extenuating circumstances, which could effect the health, safety
and welfare of the City, the Department of Public Works may modify the hours
of collection.
8. The Franchise Holder shall not litter premises in the process of making
collections, but he shall not be required to collect garbage, debris, yard and
other trash that has not been placed in approved containers or in an approved
manner as provided for by Chapter 10 of the Code of Ordinances of the City of
Okeechobee. Approved containers will be standard type garbage cans not to exceed
thirty (30) gallons in size or forty (40) pounds in weight, when filled, or
approved plastic (tied) bags.
9. The Franchise Holder is required to establish and maintain a local office
or such other facilities through which he can be contacted, where service can be
applied for, and complaints can be made. It shall be equipped with sufficient telephone,
shall have at least one (1) responsible person in charge and shall be open during
normal business hours.
10. The City hereby agrees to cooperate with the Franchise Holder in enforcing
the privilege and right conferred by this agreement and franchise to the extent of
preventing other parties from collecting garbage, debris, yard and other trash within
the franchise area and agrees that it will, if necessary, enforce the provisions of
the agreement and franchise and pass any and all ordinances necessary to accomplish
this end.
11. It is understood and agreed that the Franchise Holder is an independent
contractor and will provide for workmen's compensation and the requirements of any other
laws of the State of Florida dealing with the operation of a sanitation company. The
Franchise Holder shall maintain the following minimum public liability, personal injury
and property damage insurance coverage in effect at all times while performing work
for the City under this agreement and franchise:
A. Comprehensive Liability - Automobile
Bodily Injury
$100,000 each person
$300,000 each accident
Property Damage
$50,000 each accident
B. Comprehensive Liability
Bodily Injury
$100,000 each person
$300,000 each accident
Property Damage
$50,000 each occurrence
with $1,000,000 excess liability umbrella coverage.
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The City of Okeechobee shall be a named insured under the policies above mentioned
and current certificates of insurance shall be provided to the City by the Franchise
Holder.
12. The Franchise Holder shall not assign or sublet this franchise without the
consent of the City.
13. The Franchise Holder shall indemnify and hold the City harmless from and
against any and all claims, demands, payments, suits, actions, recoveries and judgements
of every nature and description brought or recovered against it by reason of any act
or omission of the Franchise Holder in execution of the work to be performed under
this agreement.
14. No interruption of service due to weather or any other cause beyond the
control of the Franchise Holder shall be considered a breach of its obligations under
this franchise.
15. The Franchise Holder shall furnish a performance bond in the amount of
$75,000.00 payable to the City, conditioned upon the faithful, performance of
this agreement and franchise by the Franchise Holder.
16. The Franchise Holder shall be responsible for disposing of the collected
garbage, debris, yard and other trash in manner and at a place that complies with the
laws of the State of Florida, Department of Enviornmental Regulation and shall use
such disposal sites as may be available for this purpose, the cost of which shall be
born by the Franchise Holder.
17. Rates, fees, and charges for the services of the Franchise Holder shall be
as provided in Chapter 10 of the Code of Ordinances of the City of Okeechobee, Florida.
Compensation to the Franchise Holder shall be 100% of all fees and other monies
collected in connection with the rendering of said garbage, debris, yard and other
trash pickup service. Payment to the Franchise Holder shall be made by the tenth
(10th) of the month, following collection.
18. The Franchise Holder shall pay to the City of Okeechobee for the privilege of
exercising its rights under this franchise agreement and in compensation for the
City's expenses in rendering consolidated billing and providing for collection fees
and other charges, an amount of six (6) percent of the gross revenues of the Franchise
Holder. Said six (6) percent franchise fee shall be deducted monthly from the fees
and other charges collected by the City and the remainder remitted to the Franchise
Holder by the tenth (10th) of the month following collection.
19. The City Council hereby reserves the right to establish from time to time
by resolution or ordinance reasonable regulations with respect to the collection and
disposal of garbage, debris, yard and other trash under this franchise, except that
such resolution or ordinance shall not be effective to reduce the compensation to
be paid to the Franchise Holder hereunder.
20. Chapter 10 of the Code of Ordinances of the City of Okeechobee, relating
to garbage and trash pickup and marked as exhibit A, is attached to this franchise as
a part of this agreement as if incorporated into the body of same.
21. In the event that during the term of this
garbage, debris, yard and trash disposal facilities
reduce the disposal costs for the Franchise Holder,
negotiate with the City for a possible reduction in
residential and business establishments.
agreement and franchise, future
are provided, which in effect
the Franchise Holder agrees to
the rates being charged to the
22. In the event that during the term of this agreement and franchise, future
garbage, debris, yard and trash disposal costs increase through inflation or for other
reasons not directly attributable to the actions of the Franchise Holder, the City
agrees to negotiate with the Franchise Holder for a possible increase in the rates
being charged to the residential and business establishments.
23. This franchise may be cancelled by either party for just cause, by sixty
(60) days written notice of intent to cancel being given by either party by certified
mail and either party shall have sixty (60) days after receipt of said notice to
correct any complaint.
24. This franchise may be renewed for an additional five (5) year period at
the expiration of this agreement unless either party gives written notice of intent
to cancel at least ninety (90) days prior to the termination date of this agreement.
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25. It is mutually agreed that Chapter 180.16, Florida Statutes, does not
apply in any regard to this agreement between the Franchise Holder and the City.
26. The Franchise Holder agrees at its expense to furnish the City an annual
operating statement in sufficient detail that a determination may be made therefrom
as to the net operating results of the company's financial activities for the
preceding year.
Mr. Andrew Rubin appeared before the Council stating his oposition to granting a five-
year franchise.
Councilman Burk questioned changing Section 23 to read "This franchise may be cancelled
or renegotiated by either party for just cause . . . ". After brief discussion, Councilman
Burk moved to amend Section 23 to read: "This franchise may be cancelled or renegotiated
by either party for just cause, . . . ". Seconded by Councilman Chapman. Motion carried.
Following a brief discussion, Councilman Burk moved to approve the five -year franchise
agreement beginning February 1, 1982, for a period of five years between the City of Okeechobee
and L. P. Sanitation, Inc. Seconded by Councilman Chapman. Motion carried.
PUBLIC HEARING - FINAL READING
ORDINANCE AMENDING THE BUDGET
ORDINANCE OF THE CITY OF OKEECHOBEE
Chairman Douglas read the Ordinance in its entirety:
AN ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF
OKEECHOBEE FOR THE PERIOD YEAR OCTOBER 1, 1981 THROUGH
SEPTEMBER 30, 1982; PROVIDING FOR THE RECOGNITION OF
ADDITIONAL REVENUES; PROVIDING ADDITIONAL APPROPRIATIONS
AND AUTHORIZING EXPENDITURES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS:
SECTION I: The budget ordinance for the City of Okeechobee is hereby amended
as follows:
REVENUES
369.900 Misc. Revenue (Fire Department Insurance Claim)
389.000 Estimated cash 9 -30 -81
Total change in revenue
EXPENDITURES
2,261
86,100
$88,361
511.34 Other contractual services (custodian) (900)
512.34 Other contractual services (custodian) (300)
513.12 Salaries (custodian) 6,000
513.21 FICA @ 6.7% 402
513.22 Retirement 300
513.23 Life /Health /Disability 650
513.24 Workmans Compensation Insurance 275
513.46 R/M buildings (maintenance City Hall Buildings, etc.) 7,000
524.21 FICA 11
524.34 Other contractual services (custodian) (300)
524.5203 Uniforms 400
524.64 Equipment (Typewriter) 1,000
521.34 Other contractual services (custodian) (1,000)
521.5203 Uniforms 324
522.43 Utilities (fire hydrant charge) 27,000
522.64 Equipment (Ryder Insurance) 2,261
541.63 Improvements (Dean's Court sidewalk) 28,000
Estimated cash 9 -30 -82 17,220
Total change in Expenditures $88,361
SECTION II: This ordinance shall take effect as provided by law.
Introduction and second and final reading this 26 day of January , 1982.
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Assistant Fellows gave the Council an overview of the changes and asked that the Council
make the following changes in the Budget:
$5,929.00 Amount of money carried over from the CETA Program
This amount ($5,929.00) should be added to account number
369.900 Miscellaneous Revenues making the total change in
revenue $94,290.00.
To make the expenditures balance out, add
into what is anticipated the cash will be
this fiscal year. Instead of $17,220.00,
on 9 -30 -82 will be $23,149.00
Instead of ending the year with $250,000.,
balance is anticipated to be $273,149.00.
After a brief discussion, Councilman Burk moved to approve the amended budget for the
recognition of additional revenues and providing the additional appropriations and authorizing
expenditures. Seconded by Councilman Chapman. Motion carried.
the $5,929.00
at the end of
estimated cash
the year end
BID TABULATION
DEAN'S COURT SIDEWALKS
Chairman Douglas informed the Council the bids received for the construction of sidewalks in
Dean's Court have been tabulated and they all appear to be high. Director Fortner recommended
the acceptance of the low bid of $8,841.42 from Willis Brothers Construction Company.
COBURN ASPHALT, OKEECHOBEE, FLORIDA
Bid rejected. Bid forms not submitted with blanks property completed.
FORT PIERCE CONTRACTING COMPANY
Item 1,1 Shoulder Preparation
Estimated Quantity: 7,126 Ft.
Unit Price: $1.32
Total Price: $9,406.32
Item #2: 4 Ft. X 1 Inch Asphalt Sidewalk
Estimated Quantity: 7,126 Ft.
Unit Price: $2.15
Total Price: $15,320.90
Item #3: 6 Inch Compacted Shell Base
Estimated Quantity: 7,126 Ft.
Unit Price: $2.70
Total Price: $19,240.20
Item #4: Regrade Shoulders
Estimated Quantity: 7,126 Ft.
Unit Price: $.60
Total Price: $4,275.60
TOTAL BID: $48,243.02
ROCK -A -WAY, INC.
Item #1: Shoulder Preparation
Estimated Quantity: 7,126 Ft.
Unit Price: $1.25
Total Price: $8,907.50
Item #2: 4 Ft. X 1 Inch Asphalt Sidewalk
Estimated Quantity: 7,126 Ft.
Unit Price: $2.74
Total Price: $19,525.24
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Item #3: 6 Inch Compacted Shell Base
Estimated Quantity: 7,126 Ft.
Unit Price: $2.39
Total Price: $17,031.14
Item #4: Regrade Shoulders
Estimated Quantity: 7,126 Ft.
Unit Price: $.25
Total Price: $1,781.50
TOTAL BID: $47,245.38
STEPHENSON CONSTRUCTION COMPANY
Bid rejected. Bid forms not submitted with blanks propertly completed.
WILLIS BROTHERS CONSTRUCTION COMPANY
Item #1: Shoulder Preparation
Estimated Quantity: 7,126 Ft.
Unit Price: $.96
Total Price: $6,840.96
Item #2: 4 Ft. X 1 Inch Asphalt Sidewalk
Estimated Quantity: 7,126 Ft.
Unit Price: $2.49
Total Price: $17,743.74
Item #3: 6 Inch Compacted Shell Base
Estimated Quantity: 7,126 Ft.
Unit Price: $1.08
Total Price: $7,696.08
Item #4: Regrade Shoulders
Estimated Quantity: 7,126 Ft.
Unit Price: $.64
Total Price: $4,560.64
TOTAL BID: $36,841.42
Attorney Conlon informed the Council he felt there would be no problem in getting a minor
extension in order to work out the financial problem.
After discussion by Council members, Councilman Chapman moved to reject all bids and call
for new bids. Seconded by Councilman Burk.
After further discussion by members of the Council and Director Fortner, Chairman Douglas
called for a vote on the motion to reject all bids. Vote unamious.
Council members discussed the size of the sidewalks to be constructed and the possibility
of allowing the Public Works Department to do the work themselves. The consensus of the Council
was to allow Director Fortner to investigate the possibility of the City doing the work with the
use of part -time employees and rental equipment.
17 BID TABULATION
PAINTING WATER TOWER
Chairman Douglas informed the Council the bids had been tabulated for the cleaning and
painting of the water tower located on S.W. 23rd Street.
Stiffens Company Bid
Southeastern Steeple Jacks & Riggers
Utility Service
Alto Green
Royal Painting Company, Inc. Bid
returned- -not sufficient address
No Bid
$20,670.00
No Bid
returned- -Left no address
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Inter -State Cont. & Coating Co., Inc.
Ravenwood Industries, Inc.
Service Enterprise, Corp.
Odom Tank Company, Inc.
Seig & Ambachtsheer, Inc.
Damalos & Sons, Inc.
Sunshine Painting
Suncoast Painting Co.
Fla. Steeple Jack
Southern Paint Contracting
Mr. Jim McCoy
Ridge Sandblasting and Painting
No Bid
No Bid
$13,450.00
$11,240.00
$17,200.00
$22,100.00
$14,600.00
$23,000.00
$17,500.00
$38,600.00
No Bid
$14,700.00
Director Fortner informed the Council he could not recommend acceptance of the low bid
from Odom Tank Company, due to negative responses received from three given references.
Director Fortner recommended the contract be awarded to Service Enterprise Corporation for
$13,450.00
Following a brief discussion by Council members, Councilman Watford moved to accept the
bid of Service Enterprise Corporation for painting of the water tank. Seconded by Councilman
Burk. Motion carried.
PROPOSED WATER AND SEWER RATE CHANGE
Chairman Douglas informed the Council of an Ordinance amending Ordinance No. 289 relative
to water and sewer rate structure.
Council members briefly discussed the current and the proposed rate structure and
commended Director Fortner on the work he had put into the research of the proposed structure.
Councilman Chapman moved to set the Ordinance for Public Hearing February 9, 1982, and
reading by title only. Seconded by Councilman Watford. Motion carried.
Chairman Douglas read the Ordinance by title only:
AN ORDINANCE AMENDING ORDINANCE NO. 289 OF THE CITY OF OKEECHOBEE;
AMENDING SECTION 4 TO ESTABLISH RATES AND CHARGES FOR THE USE AND
SERVICES OF THE MUNICIPAL WATER WORKS AND SEWER SYSTEM OF THE CITY
OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE.
KELTON AND ASSOCIATES
DOUBLE TAXATION
Administrative Assistant Fellows informed the Council. Mr. Ed Strube represented the firm
of Kelton and Associates before the County Commissioners on January 21st and did an excellent
job in presenting the substance of the report.
The Firm has informed Assistant Fellows that their association with the City is at an
end financially. Mr. Fellows further stated that if the City desires to have a representative of
he firm present during negotiations with the County Commissioners, some type of arrangements
must be made. Kelton has informed the City their continuing arrangement for something less
than court time is $50.00 per hour to the principal and $35.00 per hour to the associate.
Mr. Fellows stated he would be willing to work up a proposal to present to Kelton if so
authorized by the Council using an estimated number of hours.
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After discussion by members of the Council, the consensus was to allow Mr. Fellows to
draft a proposed agreement with Kelton and Associates.
MEMBERS OF THE AUDIENCE TO
ADDRESS COUNCIL
NORRIS BROOKS REPRESENTING
SENATOR PATRICK NEAL
Mr. Norris Brooks, Administrative Aide to Senator Patrick Neal, appeared before the
Council stating he would be in Okeechobee at least once every quarter to answer any questions
or offer any assistance he could.
THOMAS R. PAUL
COLLECTION OF ALUMINUM CANS
WITHIN CITY LIMITS
Mr. Thomas R. Paul appeared before the Council stating he had been forced by the City to
discontinue collection of aluminum cans within the City Limits. Mr. Paul stated that there
is a trailer parked at the Shopping Center on Saturday for the purpose of collecting aluminum
cans.
Following questioning of Mr. Paul and discussion by Council members, Chairman Douglas
instructed Mr. Fellows to discuss the matter with Building and Zoning Administrator Westbrook
and report their findings to Clerk Thomas, for the purpose of issuing an occupational license,
and Mr. Paul.
On the recommendation of Councilman Burk, the matter was tabled until a thorough
investigation could be made.
ANDREW RUBIN
Mr. Andrew Rubin offered his congratulations to Mr. Fortner for the work he had put into
preparing the proposed water and sewer rate structure.
Mr. Rubin stated he felt a portion of the water and sewer cash reserve should be used
instead of raising rates at this time.
RICKEY HOLT
1982 FOURTH OF JULY
FIREWORK PRESENTATION
Mr. Rickey Holt, Chairman of the Volunteer Fire Department Fireworks Committee, appeared
before the Council to give an update on the progress of the Fireworks Committee.
Mr. Holt requested the Council advise the amount of liability insurance they would
require, as quotes had been received on $300,000, $500,000, and $1,000,000 coverage.
Holt informed the Council he is scheduled to appear before the County Commissioners to
request use of the Recreation Park located behind the Sheriff's Department, if this location
meets with the Council's approval. The Committee is also requesting permission to hold a
Fourth of July Parade
After discussion
liability insurance.
and a Bar -B -Que in the Park.
by Council members, the consensus of the Council was to require $500,000
Council members further stated they agreed with the chosen location and
could forsee no problems with having a parade and Bar -B -Que.
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CORRESPONDENCE WITH DEPARTMENT HEADS
A) ADMINISTRATIVE ASSISTANT
1) OKEECHOBEE INDUSTRIAL DEVELOPMENT
AUTHORITY AND DEPARTMENT OF COMMERCE
Assistant Fellows informed the Council the Okeechobee Industrial Development Authority and
the Department of Commerce of the State are conducting a three - meeting community development
seminar. The first meeting is scheduled for Thursday, January 28, 1982, at 7:00 P.M. in the
Media Center at South Elementary School. The second meeting will be held on Tuesday February
2, at the same time and location.
2) RECOGNITION OF CERTIFICATE
RECEIVED BY CHIEF TOMEY
Assistant Fellows informed the Council Fire Chief Tomey had received a certificate for
attendance and participation in the Florida Training Improvement Conference for Firefighters
held recently in Ocala.
3) STATEWIDE ONE CENT SALES
TAX INCREASE
Assistant Fellows informed the Council letters had been drafted to send to Senator George
Stewart and Representative Harold Dyer expressing the appreciation of the Mayor and Council for
introducing a bill into the Legislature this year asking for their support in implementation
and increase of the state wide sales tax of one cent with the money to be returned to the cities
and counties for property taxes.
Councilman Burk moved that the Resolutions of Support be adopted. Seconded by Councilman
Chapman. Motion carried.
4) LETTER TO PRESIDENT REAGAN REGARDING
THE E. P. A.'s WASTE WATER TREATMENT
PLANT CONSTRUCTION PROGRAM
Assistant Fellows informed the Council a letter had been drafted to the President of the
United States from the Mayor and the City of Okeechobee asking that the President submit a
request to the Congress for a supplemental appropriation of $2.4 billion for the Environmental
Protection Agency's Waste Water Treatment Plant Construction Program for the current fiscal year.
Councilman Burk moved the supplemental appropriations request be approved. Seconded by
Councilman Chapman. Motion carried.
5) LETTERS REQUESTING SUPPORT OF SUNCOM
COMMUNICATIONS SYSTEM AND BILL REPEALING
STATE SALES TAX ON CONSTRUCTION MATERIALS
FOR PUBLIC PURPOSES
Assistant Fellows informed the Council letters had been drafted to Representatives Patchett
and Myers and Senator Neal asking their support in favor of bills which are being considered
in committee now which would extend the Suncom communications systems to municipalities under
the same terms and conditions now enjoyed by the counties. The letters also ask their support
on a proposed joint bill which would repeal the state sales tax on construction materials for
public purposes.
Councilman Burk moved to approve these legislative requests. Seconded by Councilmen•
Chapman and Watford. Motion carried.
T
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6) RESOLUTION SUPPORTING HOUSE JOINT
RESOLUTION NUMBER 5 REGARDING
COLLECTIVE BARGINING
Assistant Fellows presented a Resolution to the Council supporting the House Joint
Resolution Number 5 which states the manner and subjects of collective bargining may be regulated
and restricted by the Legislature noting the Florida League of Cities supports adoption of this
Resolution.
After a brief discussion by Council members, Councilman Watford moved to adopt the
Resolution. Seconded by Councilman Chapman. Councilmen Watf ord,and Chapman voted for adoption
of the Resolution. Councilman Burk and Chairman Douglas voted against the adoption of the
Resolution.
7) RESOLUTION SUPPORTING COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
Assistant Fellows presented a Resolution to the Council requesting the state take action
by the Legislature to appropriate state matching administrative funds for the Community
Development Block Grant Program.
Councilman Chapman moved to adopt the Resolution. Seconded by Councilman Burk. Motion
carried.
CORRESPONDENCE WITH COUNCILMEN
A) DOWLING WATFORD, JR.
1) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Councilman Watford informed the Council the Central Florida Regional Planning Council would
be meeting on January 27, in Arcadia. The two major items on the agenda include discussion on
the creation of a water authority for our district and the review of a large development program
in DeSoto County..
2) CITY - COUNTY FIRE DEPARTMENT MERGER
Councilman Watford questioned the status of the Fire Department merger proposal. Chairman
Douglas stated it is now up to the City to either accept or reject the proposal made by the
committee or set up a workshop with the County.
After a brief discussion, Chairman Douglas informed the Council the matter would be discussed
further at the February 9th City Council meeting.
Councilman Burk, on behalf of the Committee, requested that the Council take action
necessary to relieve the Committee of any further responsibility on the issue.
Councilman Watford commended the Committee on their efforts thus far and moved to abolish
the fire negotiations committee. Seconded by Councilman Chapman. Councilmen Chapman, Burk and
Watford voted in favor of the motion. Chairman Douglas voted against the motion. Motion carried.
ADJOURNMENT
Chairman Douglas adjourned the meeting at 9:40 P.M.
ATTEST:
,
Bonnie S. Thomas
City Clerk
City of OKeechobee
Edward W. Douglas, Ma
City of Okeechobee
1
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AGENDA
CITY COUNCIL
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
JANUARY 26, 1982
7:00 P.M.
1. Invocation and Pledge of Allegiance
Approval of the minutes of the regular meeting of January 12, 1982 and the
special workshop meeting held on Monday, January 18, 1982.
Appearance of Helen Richards from the Indian River Community Mental Health
Center asking Council approval for filing of a grant application to assist
the Spouse Abuse Center.
IV. Public hearing and final reading of an ordinance amending the charter of the
City of Okeechobee to clarify the powers of the Council to create offices
and appoint employees; providing for compensation; providing creation of
offices and appointment of employees of department head level or higher to
be done by ordinance.
V.
Public hearing and final reading of an ordinance amending the charter of the
City of Okeechobee to provide compensation of officers shall be set by City
Council and repealing provision forbidding a change in compensation during
the term of office.
VI. Public hearing and final reading of an ordinance amending the garbage and
trash ordinance to provide an additional fifty cents per month residential
pickup charge; providing the amount of trash per weekly pickup without extra
charge is three yards instead of five yards; providing for a new one cubic
yard commercial dumpster.
VII. Public hearing on a proposal to grant a new five year franchise for garbage
and trash collection within the City of Okeechobee municipal boundaries;
providing a six percent franchise fee; providing for performance bond; pro-
viding rules and regulations.
VIII. Public hearing and final reading of an ordinance amending the budget ordinance
of the City of Okeechobee to recognize additional revenues and to provide for
additional appropriations and expenditures.
IX. Receipt of bid tabulations and recommendations in regards to proposed side-
walk improvements for the Dean's Court area and along Northwest 9th Avenue
and action by Council to award contract for construction of same.
X.
Receipt of bid tabulations and recommendations in regards to repairing, clean-
ing and re-painting of the water tank located on the south limits of the City
and action by the Council to award contract for accomplishment of same.
XI. Further discussions relative to proposed increase in water and sewer rates
and first reading of an ordinance restructuring the water and sewer rates
for the City of Okeechobee and the setting of a public hearing for Tuesday,
February 9, 1982.
XII. Discussion relative to continuing agreement with Kelton and Associates re-
garding resolution of the double taxation issue.
XIII. Mayor to call on anyone in audience wishing to address the Council.
XIV. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and
Councilmen regarding requests and/or reports.
XV. Adjournment