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1982-02-23 Regular Meeting3017 3 82 -1 82 -26 82 -19 REGULAR MEETING TUESDAY, FEBRUARY 23, 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, February 23, 1982, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. 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 and offered the invocation. The Pledge of Allegiance was given by all. APPROVAL OF MINUTES Councilman Knight moved to approve the minutes of the February 9th regular meeting and the February 18th workshop session. Motion seconded by Councilman Burk and carried. NOEL CHANDLER -- REQUEST FOR CLOSURE OF S.W. 11th STREET Mr. Noel Chandler appeared before the Council requesting the closure of S.W. Eleventh Street for the purpose of straightening his fence line. After discussion by Council members relative to their previous decision of not allowing street closures, the consensus was to allow Mr. Chandler to enter into an agreement with the City whereby Mr. Chandler would move the fence if required. Chairman Douglas informed Mr. Chandler the City Attorney would prepare the agreement and contact him when it is complete. FINAL READING -- PUBLIC HEARING AMENDMENT TO CHAPTER 14 TO ALLOW USE OF FIREWORKS FOR A COMMUNITY PROJECT Chairman Douglas read the Ordinance in its entirety: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 14 SECTION 14 -6 TO PROVIDE A NEW SUB - SECTION (c) TO ALLOW THE USE OF FIREWORKS FOR A COMMUNITY PROJECT APPROVED BY THE CITY. PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA as follows: SECTION I: Chapter 14, Section 14 -6 be and it hereby is amended to read as follows: CHAPTER 14 Sec. 14 -6. Fireworks. It shall be unlawful: 3018 82 -16 a) to sell or offer or expose for sale any firecrackers, fireworks, toy pistols, or explosives for use in making noise or a display only. b) to shoot off, explode or use any firecrackers, fireworks, toy pistols, or other explosives except as provided in Section C. c) the shooting of fireworks in connection with a community wide celebration such as the Fourth of July is not prohibited provided permission has been obtained from the City Council and arrangements made for the display so that traffic control, insurance and the safety of spectators has been provided for. All the provisions of this section shall be in force every day in every year except as provided in c above laeledag- Peaath- e €- JuIyT- Ohale4maaT- New -Yeaae Bay- aa4- ethea- helldays. SECTION II: This ordinance shall take effect immediately upon its adoption. Following public hearing this ordinance was passed on second and final reading this 23rd day of February , 1982. Councilman Burk moved to adopt the ordinance. Seconded by Councilman Chapman. Motion carried. AGREEMENT WITH COUNTY COMMISSIONERS TO CONSTRUCT ASPHALT SIDEWALK IN DEAN'S COURT Chairman Douglas informed the Council the bids received by the City for construction of the sidewalk had been high and Mr. Fellows had approached the Board of County Commissioners relative to their constructing the sidewalk. Administrative Assistant Fellows stated the County had agreed to do all finish work on the base including the compaction, finish grading and sealing, apply a five foot wide asphalt sidewalk one inch thick rolled and finished, and re -grade the shoulders for a cost of $1.25 per lineal foot not to exceed $9,000. After discussion by Council members, Councilman Watford moved to approve the agreement with the Board of County Commissioners for construction of the sidewalk. Motion seconded by Councilman Burk and carried. CHARLES STONE- -HOUSE LOCATED IN CITY RIGHT OF WAY ON S.W. FIFTH AVENUE Chairman Douglas informed the Council Mr. Charles W. Stone had been notified of a residence that is sitting in the City right -of -way on S.W. Fifth Avenue and had been given one year to have the house moved. The one year time limit has expired and Mr. Stone has requested in writing an extension of time. After discussion with Director Fortner and City Engineer Jim Broome regarding the two surveys that were made of the property the consensus of the Council was to allow the City Attorney draw up an agreement for Mr. Stone's acceptance stipulating Stone would be responsible for any further survey of the property. 3019 3 82-27 RESOLUTION - -CITY VACATING PORTION OF SOUTHWEST SEVENTH AVENUE- - DENNIS R. MULBERGER Chairman Douglas read the Resolution in its entirety: WHEREAS, a certain road right -of -way lying between Southwest Park and Southwest Second Street being a portion of Southwest Seventh Avenue was closed and vacated for construction of a canning plant; and WHEREAS, provisions were made that should the canning plant cease to exist the closed and vacated right -of -way hereinafter described would revert to the city; and WHEREAS, due to complications with new owners it was necessary for the city to file for legal action in a court of competent jurisdiction to regain control of the right -of -way; and WHEREAS, It was in the best interests of all concerned to negotiate out the differences; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: 1. That the following described property be, and it hereby is abandoned, and vacated in all respects reserving to the City for future use, if needed, a fifteen (15) foot utility easement running parallel and next to the east side of the right -of -way. The west 34 feet of Okeechobee Avenue lying west of Block 164 and south of South Park Street and north of the southerly line of Lot 6 of Block 164 extended, as recorded in Plat Book 5, page 5 of the public records of Okeechobee County, Florida. Said portion of Okeechobee Avenue being vacated measures approximately 34 feet by 1422 feet reserving the east 15 feet as an easement for future extension of utilities. 2. This resolution shall take effect immediately upon its adoption. Introduced and passed in regular session assembled this 23rd day of February , 1982. Chairman Doulgas stated this Resolution has been prepared as an exchange with Dennis Mulberger of property on the west side of the right -of -way for property on the east side of the right -of -way. Councilman Burk moved to adopt the Resolution to take effect immediately. Seconded by Councilman Chapman. Councilman Watford questioned the Resolution stipulating the exchange. Attorney Conlon stated the deed from Mulberger had been recorded at the Courthouse and the Resolution would also be recorded. Chairman Douglas called for a vote on Councilman Burk's motion. Motion to adopt Resolution carried by unamious vote. . - T 111 3020 82 -28 82 -29 82 -10 82 -18 ZONING ORDINANCE INCLUDED IN MUNICIPAL CODE Assistant Fellows informed the Council the Municipal Code Corporation has quoted a price of $2,600 for including the Zoning Ordinance (402) and the Schedule of District Regulations in the Municipal Code which is now in the process of being printed. This fee would include 20 copies of the Ordinance to be bound in paper covers. After discussion between Council members, Councilman Chapman moved to authorize Municipal Code Corporation to print the Zoning Ordinance for a fee of $2,600 using the cash reserve received from the CETA project. Seconded by Councilman Knight. Councilmen Knight, Burk and Chapman voted in favor of the motion. Councilman Watford opposed. CITY TO SEEK PROPOSALS FOR AUDITING OF 1982 FISCAL YEAR Chairman Douglas brought to the attention of the Council the fact that the same firm had been auditing the City books for several years. He further stated the auditing expense was increasing each year and the City should seek proposals from other firms for the 1982 -83 fiscal year audit. Each of the Council members supported this idea and Councilman Burk moved to permit the staff to place the City audit out for proposals. Seconded by Councilman Chapman. Motion carried. AWARD OF BID FOR NEW FIRE TRUCK Chairman Douglas opened the floor for discussion on the awarding of the bid for the new fire truck. Council members discussed with Chief Tomey the purpose of purchasing an automatic transmission over the standard transmission and the difference of approximately $4,800 in the price. Assistant Fellows informed the Council he could forsee no problem with taking the added amount from the balance of the CETA funds and the cash reserve. Councilman Knight moved to purchase the diesel automatic fire truck from Indiana Fire Appratus as per the bid. Seconded by Councilman Chapman. After a brief dsicussion regarding warranty service, Chairman Douglas called for a vote. Motion to purchase the new fire truck was carried by unamious vote. DISCUSSION REGARDING DOUBLE TAXATION ROAD AND BRIDGE Assistant Fellows explained to the Council the County's proposal to remit only funds tied to the ad valorem taxes for the road and bridge fund. T 3021 82 -18 82 -9 Mr. Fellows explained to the Council that Okeechobee County now maintains three hundred sixty eight miles of paved and unpaved roads throughout Okeechobee County and proposes to return for maintenance to the City of Okeechobee eleven miles of paved roads paved under the old secondary road system and seven miles of other local paved roads. Calculations will show that with the return of these paved roads to the City, the County will then maintain only three hundred fifty miles of road of which one hundred fifty six miles are unpaved local roads for which the City receives no real and substantial benefit, one can see that approximately sixty percent of the county's road system consists of paved and unpaved roads for which the City receives no real and substantial benefits. Applying this percentage to the road and bridge fund budget for the 1981 -82 fiscal year with an adjustment for the amount of money returned to the City from its share of ad valorem taxes shows approximately five hundred seventeen thousand dollars is being spent for paving and maintenance of this two hundred ten miles of road which provide no benefit to the City. Kelton's recommendation is for the City to accept a remittance of seventeen percent of this figure. Any roads proposed to be returned to the City for maintenance only after being brought up to standards and after inspection by the City Department of Public Works. After discussion by Council members, Councilman Burk moved to adopt the concept of Kelton and Associates and present it to the County Commissioners. Seconded by Councilman Chapman. Motion carried. SHERIFF'S ROAD PATROL Chairman Douglas explained the County had proposed a remittance of 8.5 percent of the sheriff's road patrol budget and 17 percent of the sheriff's investigation division. Douglas further explained the City's counter proposal which would provide that the sheriff assign one deputy to the Okeechobee City area seven nights a week between the hours of 11:00 P.M. and 7:00 A.M. for the purpose of augmenting City Police efforts during the high crime hours. After discussion between Council members regarding this counter proposal, Councilman Burk moved to make the counter porposal to the County as described. Seconded by Councilman Chapman and carried. The consensus of the Council at this point was to submit the counter proposal to the County Commissioners in writing. PROPOSED FIRE DEPARTMENT MERGER Chairman Douglas called for discussion relative to the proposed fire department merger that had been discussed in the February 18th workshop. 3022 82 -18 82 -30 Councilman Burk questioned the formation of the committee to draw up this proposal. Chairman Douglas informed the Council he had requested Mr. Fellows to draw up this proposal. Councilman Watford stated he felt this was a good agreement but questioned the signing of the agreement before sending it on to the County. After further discussion, Councilman Chapman moved to accept the proposed agrement and forward a signed copy to the County. Seconded by Councilman Knight. Councilman Burk stated his objection to signing the agreement before sending to the County. Councilman Chapman withdrew his original motion and moved to adopt the agreement and forward to the County unsigned. Seconded by Councilmen Burk and Knight. Motion carried. MEMBERS OF THE AUDIENCE TO TO ADDRESS COUNCIL KYLE VANLANDINGHAM County Attorney Kyle VanLandingham addressed the Council relative to the counter proposals on the double taxation issue. VanLandingham stated he felt the proposal made by the County was a fair one and he viewed the counter proposal as "very interesting ". CORRESPONDENCE WITH DEPARTMENT HEADS 1) DIRECTOR OF PUBLIC WORKS A) BID TABULATION FOR FLORIDATION OF WATER Director Fortner recommended the Council not take any action on awarding the bid for floridation of the water system. Fortner explained the D.E.R. has not yet approved the permit for feeding the flouride into the system. The bids are good for a 30 day period and Fortner stated he would get back to the Council at a later date. The consensus of the Council was to go along with Mr. Fortner's request to take no action at this time. 2) CITY ATTORNEY A) REQUEST BY CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS TO CLOSE ALLEYWAY Attorney Conlon informed the Council he had received a letter from Attorney William Selmi representing the Church of Jesus Christ of Latter Day Saints, requesting the City abandon an alleyway on property donated to the Church. Conlon stated that an attorney had appeared before the Council in January, 1980, with the same request and had been denied. After a brief discussion by Council member, Councilman Burk moved to deny the request for abandonment. Seconded by Councilman Chapman. Following further discussion by Council members, the vote was unamious to deny the request for abandonment. 3023 82 -6 82 -24 82 -12 Attorney Conlon will notify Attorney Selmi of the Council's action and the fact the City is closing no alleyways, only granting temporary use. B) LAGROW SUIT Attorney Conlon briefly brought the Council up to date on the LaGrow suit stating he felt very positive about the City's testimony in the case. 0) POWELL VS CITY Attorney Conlon stated he had been contacted by the Attorney in New York regarding the case Powell has filed against the City. 3) CITY CLERK A) WARRANT REGISTERS Clerk Thomas informed the Council the Warrant Registers for the month of February were ready for approval. Councilman Burk moved to approve the General Fund Warrant Register in the amount of $6,332.31 and the Water and Sewer Warrant Register in the amount of $27,344.14. Seconded by Councilman Chapman and carried. 4) ADMINISTRATIVE ASSISTANT A) ONE CENT STATE SALES TAX INCREASE Assistant Fellows briefed the Council on the current status of the proposed one cent state sales tax increase. CORRESPONDENCE WITH COUNCILMEN 1) DOWLING WATFORD, JR. A) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford informed the Council the regular meeting of the Central Florida Regional Planning Council would be held on February 24, at the Okeechobee Civic Center. The Country Club of Champions is on the agenda for discussion. ADJOURNMENT There being no further business of the City, Chairman Douglas adjourned the meeting at 9:35 P.M . ATTEST: Bonnie S. Tomas City Clerk City of Okeechobee Edward W. Douglas Mayor /Chairman City of Okeechobee 1. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING FEBRUARY 23, 1982 7:00 P.M. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of February 9. 1982 and the special workshop meeting of February 18, 1982. Appearance by Noel Chandler requesting the closing of Southwestllth Street on the West side of Southwest 5th Avenue. IV. Public hearing and final reading of an ordinance amending the code of ordinances to add a new section to Chapter 14 to allow the shooting of fireworks in connection with a community wide celebration where the City Council has been assured the proper arrangements have been made for insurance, safety, etc. V. Authority for the city to enter of County Commissioners for the in connection with improvements the orders of the federal court exceed $9,000. into an informal agreement with the Board construction of five foot wide sidewalks at Dean's Court and in conformance with at a cost of $1.25 a lineal foot not to VI. Action by the Council in regards to the location of a house in the road right-of-way on Southwest 5th Avenue. VII. Adoption of a resolution vacating certain road rights-of-way in exchange for other rights-of-way between the city and Dennis Mulberger. VIII. Action by the Council to approve the preparation of the city zoning code into the Municipal Code of Ordinances and the expenditure of $2,600 to the Municipal Code Corporation. IX. Discussion relative to seeking proposals for auditing for the city's fiscal year ending September 30, 1982. X. XI. Action by the Council on award of bid for a new fire engine for the Okeechobee City Fire Department. Further discussions relative to the Double Taxation issue. XII. Action by the Council on adoption of proposed agreement for merger of the county/city fire/rescue operations. 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