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1982-04-27 Regular Meeting3047 82 -1 82 -40 REGULAR MEETING TUESDAY, APRIL 27, 1982 The City Council of the City of Okeechobee, Florida, met in regular session at 7:00 P.M., Tuesday, April 27, 1982, in the City Council Chambers, Okeechobee, Florida. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Donald Burk and Oakland Chapman. Councilman Jim Knight was absent. Others present were: City Clerk Bonnie S. Thomas, City Administrator 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 There being no corrections, additions, or deletions in the minutes, Councilman Watford moved to approve the minutes of April 13, 1982, as presented. Seconded by Councilman Burk. Motion carried. CHAMBER OF COMMERCE REQUESTING PERMISSION TO CONTROL ACTIVITIES IN CONNECTION WITH SPECKLED PERCH FESTIVAL AND LABOR DAY EVENTS Mr. Al Stokes, representing the Chamber of Commerce, appeared before the Council requesting permission to have a say so in keeping hawkers from coming into the Park and on the parade route during the Speckled Perch Festival and Labor Day activities. Chairman Douglas stated he had discussed with Chief Mobley the possibility of issuing the Chamber of Commerce a blanket license and anyone coming into town must go to the Chamber of Commerce to get permission to sell. Councilman Chapman questioned what control the City would have over someone who has purchased a peddler's license for one year, stating the license could stipulate - -Labor Day and Speckled Perch Festival are excluded. Following further discussion by Council members, Attorney Conlon stated this matter needs further research to determine guidelines for giving permission to sell on the days in question. Councilman Burk stated he is in favor of the Attorney having time to research the matter in order for the Council to make a rational decision as the Chamber and all charitable organizations need to be protected. Other members of the Council agreed that Attorney Conlon should have adequate time to research the matter. Chairman Douglas informed members of the Chamber they would be notified when the item will be placed on the agenda. 3048 82 -44 82 -14 82 -14 VOLT TECHNICAL CORPORATION REQUESTING PERMISSION TO FENCE PORTION OF EASEMENT OFF N.W. 6th STREET Mr. Lawrence Steedly of Volt Technical Corporation appeared before the Council requesting permission to fence in a portion of an easement off N.W. 6th Street. Mr. Steedly stated Volt Technical Corporation is the primary contractor for the United Telephone Service and Volt's equipment has been kept in the Telephone Company's storage room. Mr. Steedly stated that if the lease is granted, Volt would ask that the City give them 30 - 60 days to return the land to its original state. Councilman Watford stated there had been several requests recently similiar to this and questioned granting a business use of City property. Mr. Steedly indicated his Corporation would be willing to lease the property for a fair market value. After further discussion by Council members with Mr. Steedly, Councilman Watford asked if Volt Technical would be willing to pay for the appraisal of the land. Mr. Steedly stated he would have to take this matter to his supervisor and contact the Mayor's office on Wednesday the 28th. The consensus of the Council was to have an appraisal of the property and if accepted by Volt Technical Corporation, the appraised value be paid by them for lease of the property plus the appraisal fee. Volt Technical will put in two culverts and fence the area to be used. Chairman Douglas stated this matter will be presented to the Council on May 11th. Mr. Steedly asked who would retain the right to reject the appraisal presented by the appraiser. Attorney Conlon informed Mr. Steedly the Council has not yet entered into the lease agreement. The first step of having an appraisal done must be taken. FIRST READING OF FOUR ORDINANCES: Chairman Douglas informed the Council of four ordinances for first reading. Councilman Burk moved to read the four ordinances by title only. Seconded by Councilman Chapman. Motion carried. Chairman Douglas read the ordinances by title only: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, SECTION 18 -17 TO PROVIDE THAT CONNECTION FEES SHALL BE BASED ON SIZE WATER METER; PROVIDING NEGOTIABLE FEES FOR CONNECTIONS REQUIRING METERS LARGER THAN TWO INCH; PROVIDING AN EFFECTIVE DATE. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, SECTION 18 -29 PROVIDING FEES FOR TEMPORARY DISCONNECTIONS; PROVIDING AN AN EFFECTIVE DATE. 3049 82 -34 82 -13 82 -45 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 10 -15 TO RE- CLASSIFY BARS AS BARS, COCTAIL LOUNGES, PUBS AND SALOONS; RE- ESTABLISHING A FEE FOR THE OCCUPATIONAL LICENSE FOR SUCH CLASSIFICATION; PROVIDING A LICENSE FEE FOR CATEGORIES AND CLASSIFICATIONS NOT OTHERWISE COVERED; PROVIDING AN EFFECTIVE DATE. AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK OF THE CITY OF OF OKEECHOBEE, FLORIDA TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND THE UNITED TELEPHONE COMPANY OF FLORIDA; PROVIDING FOR THE TERMS OF THE FRANCHISE AGREEMENT TO BE INCLUDED AS A PART OF THIS ORDINANCE: PROVIDING FOR A FRANCHISE FEE; PROVIDING FOR CONTROL AND REGULATION OF THE USE OF PUBLIC PROPERTY AND RESTORATION THEREOF; PROVIDING AN EFFECTIVE DATE. Councilman Burk moved to set the Ordinances for Public Hearing May 11, 1982. Seconded by Councilman Chapman. Following a brief discussion, motion carried. PROCLAMATION PROCLAIMING MAY 2, 1982, MUSCULAR DISTROPHY ASSOCIATION DAY Chairman Douglas presented a Proclamation proclaiming May 2, 1982, as Electronic Realty Association's day in May for the Muscular Distrophy Association. Council members briefly discussed the meaning of "E.R.A." within the Proclamation and agreed this reference should be deleted. Councilman Burk moved that the Proclamation be put forth by the Mayor. Seconded by Councilman Watford. Motion carried. CODE ENFORCEMENT BOARD APPOINTMENTS Chairman Douglas opened the floor for discussion on two appointments to the Code Enforcement Board. Councilman Burk stated he felt Michael Terrance McArthur is a public spirited citizen who has taken the time to participate on the Code Enforcement Board and recommended he be reappointed. Councilman Chapman expressed his opinion stating he agreed with Councilman Burk and Chairman Leggett of the Code Enforcement Board in that Mr. McArthur is a very conscientious board member. Councilman Watford concurred with the statements regarding Mr. McArthur. Councilman Chapman moved to reappoint Michael Terrance McArthur for a three year term to the Code Enforcement Board. Seconded by Councilman Burk. Motion carried. Following discussion by Council members relative to the remaining applicants, Councilman Chapman moved to appoint Vangela McFarland to the Code Enforcement Board for a three year term. Seconded by Councilman Burk. Motion carried. 3050 82 -41 82 -9 WATER STUB OUTS FOR NEW MEDIAN STRIPS ON U.S. 441 SOUTH Chairman Douglas opened the floor for discussion relative to providing water stub outs to the new median strips on U.S. 441 South stating the cost will be approximately $3,500. Director Fortner stated the $3,500 figure is just to put in pipe from the water main outside the asphalt areas to the grass area for future connections. Councilman Burk questioned the funding of this project. Administrator Fellows explained this would require a budget transfer. Following further discussion between Council members and Director Fortner, Councilman Burk moved to approve an amount not to exceed $4,000 for the water line improvement in the median strip on Highway 441 South. Seconded by Councilman Chapman. Motion carried. CITY HALL BUILDING EXPANSION Chairman Douglas informed the Council of a need to set up a building expansion workshop. Council members briefly discussed with Director Fornter any spare storage room he may have at the barn. Administrator Fellows stated a metal building, which could be placed on the existing pad behind the Fire Department building located on the east side of the station, would run approximately $1,500. Fellows further stated a need for additional room for the Planning and Zoning Office. Councilman Burk suggested a committee of three Councilmen be established to study the present facilities and determine the needs. Attorney Conlon cuationed the Council about any unintentional violation of the Sunshine Law. Chairman Douglas appointed Councilmen Chapman, Burk and Watford to serve on the committee to study the building expansion and set a Workshop for Thursday, May 20th. APPOINTMENT OF COUNCILMEN TO SERVE ON FIRE /RESCUE DEPARTMENT MERGER COMMITTEE Chairman Douglas informed the Council the County Commissioners has appointed two Commissioners to serve on a committee to further study the proposal of the City to operate a merged Fire /Rescue Department and the need for the City Council to do the same. Douglas briefly went over the budget figures for the current operations and the figures for the proposed merger and asked Councilmen Burk and Watford to serve on the committee. Attorney Conlon informed the Council the meeting of the committee needs to be advertised well in advance both in the newspaper and in City Hall. Following discussion between Council members, Councilmen Burk and Watford accepted the appointment to serve on the Fire /Rescue Merger Committee. 111 3051 MEMBERS OF THE AUDIENCE TO ADDRESS THE COUNCIL ANDREW RUBIN Mr. Andrew Rubin appeared before the Council and asked that consideration be given to the authorization of a long term franchise with United Telephone Service. JOHN CASSELS RELATIVE TO THE 82 -27 DENNIS MULBERGER PROPERTY Attorney John Cassels appeared before the Council, accompanied by Attorney Tom Conley, in regard to the Dennis Mulberger property. Cassels stated he had provided the Council with a transcript of the May 26, 1981, City Council meeting. Mr. Cassels stated he had abstracted copies of the minutes, both prior and after February 26, 1982. The following Council meeting dates; 4/28/81, 5/12/81, 6/23/81, 7/28/81, 12/8/81, 2/9/82, and 2/23/82, and the action taken were referenced by Cassels. Mr. Cassels stated he had tried to research all of the minutes and noted there had been some discussion relative to the sewer line. Cassels went on to say he had found no reference to easements being given. There was a statement made to Mr. Mulberger that there would be no problem getting to the manhole to clean the line as it had been done in the past, however. Councilman Burk informed Mr. Cassels that during the 9/23/80 meeting, the Council discussed with Mr. Mulberger the settlement. Mr. Burk read from the minutes of that meeting: "According to Mr. Mulberger this would dismiss the case which is now under appeal...Councilman Burk asked for assurance that the City would continue to have access to sewer and water lines. Mr. Mulberger stated there would be no problems ". Councilman Burk stated he had not heard anything from anyone that would indicate the City does not want to have access to the sewer line. Councilman Burk read further from the 9/23/80 minutes: "Councilman Knight made a motion to have agreement drawn up for Council to vote on at the October 14, meeting. Motion died for lack of second. Councilman Burk made a motion to accept proposal for settlement as presented by Mr. Mulberger, seconded by Councilman Chapman, vote carried. Attorney Conlon was instructed to prepare agreement ". Following further discussion by Council Members and the Attorneys, Attorney Cassels stated he would get with Attorney Conlon this week and work it out. Chairman Douglas stated he understood the City had access to the sewer and there was no problem. Douglas further stated he understood 30 foot for 30 foot and the Attorney stated this was a misunderstanding on his part. Douglas asked why the City was maintain- ing the sewer if it does not belong to the City. Mr. Fortner explained the City had maintained the line for at least the twenty -one years that he has worked for the City. Councilman Watford asked Director Fortner to check into the ownership of the sewer line and to determine if there ever was an easement. RECOGNITION OF CLERK THOMAS FOR RECEIPT OF CERTIFIED MUNICIPAL CLERK STATUS Chairman Douglas congratulated City Clerk, Bonnie Thomas, on receiving her diploma and status as Certified Municipal Clerk. Clerk Thomas gave a brief overview of the term paper written for the course which dealt with "Dual Taxation". ir T1 Ti 3052 CORRESPONDENCE WITH DEPARTMENT HEADS 1) CITY ADMINISTRATOR A) DELINQUENT AND ESCAPED OCCUPATIONAL LICENSE FEES Administrator Fellows informed the Council the Florida League of Cities has announced a program for getting delinquent and escaped Occupational License taxes collected from insurance companies. Fellows further stated he would like for the City to enter into an agreement with the Florida League of Cities. There is no cost to the City for their research. If they find any license fees that insurance companies have escaped paying, they split the fees with the City 50/50. Council members agreed to allow Administrator Fellows to contact the Florida League of Cities to check into the research. B) CITY COUNCIL REPRESENTED IN COMMUNITY AFFAIR Administrator Fellows informed the Council the City participated in a community event and called on Rosemary Lear to give a brief overview of the activity. Ms. Lear informed the Council they had been represented on Saturday in an "Almost Anything Goes Contest" sponsored by the Fellowship of Christian Athletes. Ms. Lear presented Mayor Douglas with the First Place Trophy for the out of school organization which the City Council won. CORRESPONDENCE WITH COUNCILMEN 1) DOWLING WATFORD, JR. A) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford informed the Council the Central Florida Regional Planning Council would be meeting on 4/28/82 in Bartow. There is nothing on the agenda that affects the City of Okeechobee. 82 -18 B) RESOLUTION FROM THE COUNTY COMMISSIONERS RELATIVE TO DOUBLE TAXATION Councilman Watford stated he had received a copy of a Resolution from the County Commissioners which demands the funds authorized reimbursed to the City in the double taxation be used to provide property tax relief. Watford further stated it was his understanding it is the City's choice as to what the money is used for and he feels the language is demeaning. Administrator Fellows informed the Council the County has met their responsibility of giving an answer within 90 days, now it is up to the Council whether they are going to accept it in total, come back with a counteroffer or whether the matter would be settled. ADJOURNMENT There being no further matters of business to discuss, Chairman Douglas adjourned the meeting at 9:40 P.M. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee, Florida dward W. Douglas Mayor /Chairman City of Okeechobee, Florida AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING APRIL 27, 1982 7:00 P.M. 1. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of April 13, 1982. Discussion by the Council on extent of authority to be granted to the Chamber of Commerce for control of activities in connection with the Speckled Perch Festival and annual Labor Day Bar-B-Que events. IV. Appearance by Mr. Lawrence Steedley of Volt Technical Corporation re- questing permission to fence in part of an easement off 6th Street N.W. V. First reading of an ordinance amending the Code of Ordinances of the City of Okeechobee, Florida amending Chapter 18, Section 18-17 to provide that connection fees shall be based on size water meter and providing negotiable fees for connections requiring meters larger than two inches and setting of a public hearing for May 11, 1982. VI. First reading of an ordinance amending the Code of Ordinances of the City of Okeechobee, Florida amending Chapter 18, Section 18-29 providing fees for temporary disconnections and setting of a public hearing for May 11, 1982. VII. First reading of an ordinance amending Chapter 10 of the Code of Ordinances of the City of Okeechobee, Florida amending Section 10-15 to re-classify bars as bars, cocktail lounges, pubs and saloons; re-establishing a fee for the occupational license for such classification and providing a license fee for categories and classifications not otherwise covered and setting of a public hearing for May 11, 1982. VIII. First reading of an ordinance authorizing the Mayor and Clerk of the City of Okeechobee, Florida to execute a franchise agreement between the city of Okeechobee and the United Telephone Company of Florida; providing for the terms of the franchise agreement to be included as part of the ordinance; providing for a franchise fee and providing for control and regulation of the use of public property and restoration thereof and setting of a public hearing for May 11, 1982. IX. Consideration of a proclamation proclaiming May 2, 1982 as ERA's day in May for MDA. X. Appointment of two members to the Code Enforcement Board for a three year term ending April 27, 1985. XI. Discussion concerning providing water stub outs to the new median strips on U.S. 441 south. XII. Discussion regarding setting up a workshop for possible building ex- pansion. XIII. Appointment of two Councilmen as members of a negotiating committee to meet with two County Commissioners regarding the City's propos'al to operate a merged Fire/Rescue Department. XIV. Mayor to call on anyone in audience wishing to address the Council. XV. Mayor to call on City Attorney, City Clerk, City Administrator and Councilmen regarding requests and/or reports. XVI. Adjournment.