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1982-03-23 Regular Meeting3031 82 -1 82 -34 erformed of comparable nature. Chairman Douglas informed the Council this item would e placed on the agenda for March 23rd and adjourned the meeting at 2:15 P.M. ATTEST: Bonnie S. Thomas City Clerk Edward W. Douglas Chairman /Mayor REGULAR MEETING TUESDAY, MARCH 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, March 23, 1982, at 7:00 P.M. Chairman Pro Tem Donald Burk presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, and Oakland Chapman. Chairman /Mayor Edward Douglas was absent. Others present were: Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobley, Building and Zoning Administrator J.M. Westbrook and Deputy Clerk Mary Ann Holt Chairman Pro Tem Burk called the meeting to order and offered the invocation. The Pledge of Allegiance was given by all. APPROVAL OF MINUTES Councilman Watford moved to approve the minutes of the March 9th meeting as presented. Seconded by Councilman Chapman. Motion carried. FINAL READING AND PUBLIC HEARING OF AN ORDINANCE AMENDING THE OCCUPATIONAL LICENSE ORDINANCE Chairman Pro Tem Burk informed the Council of the final reading and public hearing of an Ordinance amending the Occupational License Ordinance to provide a new schedule of fees for Shows, Circuses, Carnivals and special events such as the Fourth of July Celebration and the Speckled Perch Festival; providing uniform classification for Fortune Tellers, Palmists Clairvoyants, Hypnotists, and similar occupations. Chief Tomey questioned whether the $75.00 per day applied to the non profit organizations. Assistant Fellows stated non profit organizations will be exempt. The intent of this ordinance amendment is to charge a fee for profit making organizations. After discussion between Council members, Chairman Pro Tem Burk informed the Council and 1 Tif T 3032 82 -6 82 -28 public the Public Hearing and possible amendment to the Ordinance is being continued until the April 13th regular meeting. LAGROW SUIT Assistant Fellows informed the Council Attorney Jerry Lafebvre has advised the contractor in the LaGrow litigation has filed a motion for summary judgment with the Circuit Court. Mr. Fellows further advised that if the motion is denied, the City needs to enter into an agreement with Pittsburg Testing Laboratories to perform the following two tests: 1) Pachamoter Test -- Approximate cost, $200.00 per day for two days plus $.30 per mile. The test is required in order to determine the exact location within the structure of the reinforcing steel bars. 2) The core sample test will consist of digging five to six feet to the bottom of the clearwell and obtaining four or five core samples from the bottom of the clearwell for the purpose of determining whether or not the aggregate in the concrete seperated and if so, to what extent. The cost is $80 per core sample plus contingencies. Attorney Lafebvre has asked that the Council give authorization to enter into the testing agreement contingent upon the motion for summary judgement being denied. Councilman Watford questioned the tests already being done by the engineering firms employeed by the City. Assistant Fellows responded to Councilman Watford's concern by stating additional testing needs to be done under the direction of a professional independent lab and Svredrup has recommended these tests be done. Director Fortner stated he was not aware of this development. Fortner further stated if the testing requries draining the clearwell, he is not sure the City can get along without it as the south tank is out of service. After further discussion with Mr. Fortner, Councilman Chapman moved to authorize the Mayor to enter into an agreement with Pittsburg Testing Laboratories contingent upon the tests actually being necessary and Director Fortner being able to make adequate preparation. Seconded by Councilman Watford and carried. PUBLIC HEARING AND FINAL READING OF AN ORDINANCE ADOPTING A NEW CODE OF ORDINANCES FOR THE CITY OF OKEECHOBEE Chairman Pro Tem Burk informed the Council of a Public Hearing and Final Reading of an Ordinance to adopt a new Code of Ordinances for the City. Burk stated the intent of the Chair is to continue this Public Hearing until the April 13th meeting to allow all public officials to be present and Council members additional time to study the new Code. REVEREND KILGORE, CHURCH OF GOD, TO DISCUSS SECURITY PROBLEMS AND THE ILLEGAL HOOK -UP OF A TRAVEL TRAILER Reverend Kilgore, Pastor of the Curch of God, appeared before the Council stating his Church had been broken into six times in the last four months. Kilgore stated that his files 3033 82 -35 82 -17 82 -37 have been gone into during these breakins. Reverend Kilgore expressed his concern over a letter received from the City regarding a travel trailer that is parked behind the Church. Kilgore informed the Council this travel trailer is being used by their Evangalist and he arrived here on the 27th and was observed by the Police Department on March 8th. Reverend Kilgore questioned the fact that this is some type of harrassment and requested the Council give some consideration to Evangalists coming into the City. Chairman Pro Tem Burk informed Reverend Kilgore the Ordinance does not exclude anyone and assured him this is not harrassment. Burk further stated there is a procedure to make exceptions and considreation could be given to making the exception. Councilmen discussed the security problem at the Church of God with Police Chief Mobley. Mobley assured the Council his Department is working with the Church to keep the breakins and burgularies at a minimum. PLANNING BOARD VACANCY After a brief discussion between Council members relative to the three applications received for the Planning Board vacancy, Councilman Knight moved to reappoint Jim Wright to a three year term beginning 4/1/82. Motion seconded by Councilman Chapman and carried. REPAIR AND RENOVATION TO WATER TOWER LOCATED ON S.W. 23rd STREET Director Fortner informed the Council he had contacted references given by Service Enterprise, Inc. regarding the repair work needed on the water tower located on S. W. 23rd Street. The City of Eaton, Ohio, the State of Indiana and the City of Franklin, Ohio were all contacted and very good recommendations were given. Council members discussed at lenght with Director Fortner and Paul Walker, a representative of Service Enterprise, Inc., the renovation of the tower. Mr. Walker covered several items including the warranty on the repair work. Councilman Chapman moved to authorize a complete rehibilitation of the water tower for an amount not to exceed $88,105.00. Motion seconded by Councilman Watford and carried. BID TABULATIONS PIPE AND FITTINGS Director Fortner presented the following bid tabulation for the pipe and fittings to be used in relocating the water lines on Highway 441 South: Davis Meter and Supply Southeastern Municipal Supply Riverview Utilities Total Bid $20,672.04 Less Discount 350.00 $20,322.04 Total Bid $21,154.50 Less Discount 211.54 $20,942.96 Total Bid $22,661.72 3034 82 -38 82 -10 82 -32 On the recommendation of Director Fortner and after a brief discussion, Councilman Knight moved to accept the low bid from Davis Meter and Supply Company for $20,322.04. Seconded by Councilman Chapman. Motion carried. REQUEST OF ALLEN MARKHAM TO CLOSE STREET RIGHT -OF -WAY BETWEEN 10th AND llth STREETS Mr. Allen Markham appeared before the Council to request a street right -of -way which adjoins his property on S.W. 15th Street be closed. Mr. Markham stated he would be willing to purchase the property from the City and would also be willing to pay for an appraisal.. Chairman ProTem Burk informed Mr. Markham the City had adopted a Resolution clarifying the City's position on closing streets. After discussion between Council members and Mr. Markham, Councilman Chapman moved to deny Mr. Markham's request for closure of the street right -of -way. Motion dies for lack of second. Chairman Pro Tem Burk advised Mr. Markham this item of business is concluded; however, the item could be brought back to the Council at a later date. ARRIVAL OF NEW FIRE TRUCK Chief Tomey advised the Council the new truck has arrived but there are some minor items that were not done to his satisfaction. Chief Tomey recommended the Council withhold 10% of the purchase price until a storage cabinet on the driver's side of the truck is installed and the minor discrepancies corrected. After a brief discussion, Councilman Chapman moved to withhold 10% of the purchase price until the truck is done to Chief Tomey's satisfaction. Seconded by Councilman Knight and carried. CORRESPONDENCE FROM DEPARTMENT HEADS DIRECTOR OF PUBLIC WORKS A) SPRINKLER SYSTEM ON HIGHWAY 441 SOUTH Director Fortner asked for a recommendation from the Council in regard to a request to install a sprinkler system in the median strip as the widening of South 441 is completed. Fortner stated the pipes would cost approximately $5,000. The consensus of the Council was to study the request in depth and make a decision at a later date. ADMINISTRATIVE ASSISTANT A) O.R.S. AGREEMENT Assistant Fellows informed the Council he had received a letter from the O.R.S. acknowledging receipt of a copy of the City's revised employment application and the Employee Handbook and they do meet the terms of the compliance. B) RANCH FERTILIZER REQUEST TO CLOSE PORTIONS OF STREET AND ALLEYWAY Assistant Fellows informed the Council he had contacted Mr. Ben Burdeshaw of Ranch Fertilizer T 3035 82 -39 82 -33 and he indicated that in view of the appraisal, Ranch Fertilizer felt they did not want to pursue the issue any further at this time. Fellows stated the invoice for the appraisal would be forwarded to Ranch Fertilizer. C) POLICE VEHICLES Assistant Fellows informed the Council Chief Mobley has an opportunity to purchase used police vehicles and asked Chief Mobley to elaborate. Police Chief Mobley informed the Council the Dodge vehicles he presently has have approximately 80,000 city miles. One vehicle has recently been involved in an accident and the repair will run from $1900 - $2500. Mobley stated he has located a firm in St. Augustine which handles the sale of used Highway Patorl vehicles. Departments within the State that are presently using vehicles of this type have been contacted and have had no problems with them. Chief Mobley requested permission to travel to St. Augustine to inspect the vehicles and possibly purchase two vehicles which range in price from $2,000 to $3,700. Assistant Fellows explained to the members of the Council how the financing of this purchase would be handled. The cost of the two vehicles will be approximately $6,000. It is anticipated the City will receive $1,400 from the insurance company and $800 for the junk of the vehicle. The remaining CETA reimbursement could be used for the remainder of the purchase price. Councilman Watford questioned any repairs or any additional costs to make the vehicles usable. Chief Mobley stated it will cost approximately $300 each to paint the vehicles and $100 each to change the radio. Following further brief discussion, Councilman Chapman moved to authorize Chief Mobley to travel to St. Augustine to inspect the vehicles, purchase if acceptable and the remaining CETA reimbursement balance be used to finance the purchase. Motion seconded by Councilman Knight. Councilman Watford abstained from voting on the motion due to a business interest. Motion carried. 2) CITY ATTORNEY A) UNITED FEED CO OP LEASE Attorney Conlon informed the Council he had been contacted by United Feed Co -Op regarding the term of the lease of City property. Representatives of United were under the impression the lease was for a 30 year term, not 10 years. Following discussion by Council members, it was decided a Resolution would be prepared stipulating the term of the lease. 3036 82 -12 CORRESPONDENCE WITH COUNCI IMEN A) OAKLAND CHAPMAN 1) STREET OPENING Councilman Chapman stated he had been contacted by Mrs. J. C. Rogers regarding the street on the West side of her property being opened. Director Fortner stated that is a street right -of -way however it is a dead -end. Fortner stated he informed Mrs. Rogers some of the overgrowth could be removed. 2) ALLEY BY MISSIONARY CHURCH ON 441 SOUTH Councilman Chapman stated he had been approached in regard to closing the alleyway between the Missionary Church and beauty salon due to the construction of Highway 441 South. B) DOWLING WATFORD 1) VOICES CONCERN IN REGARD TO NOT BEING KEPT AWARE OF MATTERS AT CITY HALL Councilman Watford stated he is somewhat concerned that he is not being kept aware of things going on within the City. Watford gave two items of concern: 1) the remodeling of the Council Chambers and 2) the formation of the Building Expansion Planning Committee. Assistant Fellows informed Council members he would take the responsibility as it is up to him to keep the Council fully informed and elaborated on each concern expressed by Councilman Watford. Councilman Burk concurred with Councilman Watford's concerns and expressed further concerns over the proposed amendment to the Code of Ordinances in regard to naming department heads. Burk further stated he did not want one person making all decisions or final decisions for the City Council. C) CITY CLERK 1) WARRANT REGISTERS Deputy Clerk Holt presented Warrant Registers for approval. Councilman Knight moved to approve the General Fund Warrant Register in the amount of $672.36 and the Water and Sewer Warrant Register in the amount of $4,058.03. Seconded by Councilman Watford. Motion carried. ADJOURNMENT Their being no further business to discuss, Chairman Pro Tem Burk adjourned the meeting at 10:25 P.M. ATTEST: Le-re_,/ Bonnie S. Thomas City Clerk City of Okeechobee e'e: r4; Edward W. Douglas Chairman /Mayor City of Okeechobee AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MARCH 23, 1982 7:00 P.M. 1. Invocation and Pledge of Allegiance. Approval of the minutes of the regular meeting of March 9, 1982. Public hearing and final reading of an ordinance amending the Occupational License Ordinance to provide a new schedule of fees for Shows, Circuses, Carnivals and special events such as the Fourth of July Celebration and the Speckled Perch Festival; providing uniform classification for Fortune Tellers, Palmists, Clairvoyants, Hypnotists, and similar occupations. IV. Authority to enter into an agreement with Pittsburg Testing Laboratories for performing certain tests in connection with the litigation involving- the clear well. V. Public hearing and final reading of an Ordinance adopting a new code of ordinances for the City of Okeechobee. VI. Appearance by Reverend Kilgore of the Church of God to discuss with Council security problems at the church and the illegal hook-up of a travel trailer. VII. Action by the Council to appoint a member to the Planning and Zoning Board for a three year term commencing April 1, 1982. VIII. Further discussions by Council on an application by Ranch Fertilizer to close portions of a street and alley entering into their property in the northeast section. IX. Action by the Council on authorizing certain repairs and rennovations to the Southwest 23rd Street water tower. X. Receipt of bid tabulations and recommendations on water pipes and fittings and action by the Council of award of contract for same. XI. Appearance by Allen Markham requesting a street right-of-way be closed next to his lots in the northeast section between 10th and llth Streets. XII. Mayor to call on anyone in audience wishing to address the Council. XIII. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. XIV. Adjournment.