1982-08-10 Regular Meeting3119
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Chairman /Mayor Douglas called for a vote on the motion. Councilmen Burk, Knight
and Chapman voted yes. Councilman Watford voted no. Motion carried.
Citizen Jack Williamson elaborated on the necessity and purpose of a local nursing
home, pointing out the fact that none of the principals involved in the project need
it for profits. He thanked the Council for the action taken this evening which will
help get the project underway.
Administrator Fellows, after conferring with Director Fortner and Engineer Broome,
noted the costs laid out in the project estimate include the smoke study and the
television camera study, to be put out for bids separately.
There being no further business the meeting adjourned at 9:30 P.M.
Edward W. Do g as, D.C.
Chairman /Mayor
City of Okeechobee
ATTEST:
Bonnie S. h. f', Cr
City Clerk
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK.
REGULAR MEETING
TUESDAY, AUGUST 10, 1982
The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M.,
Tuesday, August 10, 1982, in the City Council Chambers, 55 Southeast Third Avenue,
Okeechobee, Florida.
Chairman /Mayor Edward W. Douglas called the meeting to order with the following
Councilmen present:
Edward W. Douglas, Chairman /Mayor
Donald Burk
Dowling Watford
Oakland Chapman
James H. Knight
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
David Conlon, City Attorney
L.C. Fortner, Jr., Director of Public Works
Janice M. Mann, Deputy Clerk
AGENDA ITEM #I - INVOCATION AND PLEDGE
The Invocation was offered by Director of Public Works Fortner followed by the
Pledge of Allegiance.
AGENDA ITEM #II - APPROVAL OF MINUTES
There being no additions, deletions or corrections, Councilman Burk moved to
approve the minutes of the July 27, 1982, Regular Meeting and the August 5, 1982,
Special Meeting as presented, seconded by Councilman Chapman. Motion carried.
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AGENDA ITEM #III - FIRST HEARING - ORDINANCE TO REZONE
Chairman /Mayor Douglas introduced, by title only, an ordinance proposing to
rezone Lots 11 and 12, Block 182, located on the northwest corner of the inter-
section of Southwest Third Avenue and Fourth Street from Residential, General -2
(RG -2) to Commercial for constructing a gift shop and office.
Title read as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA:
AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMIN-
ISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE
CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL -2 TO COMMERCIAL.
Councilman Burk moved to advertise for second and final hearing on Tuesday, September 14,
1982, seconded by Councilman Knight. Motion carried.
AGENDA ITEM #IV - FIRST HEARING - ORDINANCE AMENDING CODE OF ORDINANCES
Chairman /Mayor Douglas introduced by title only an ordinance amending the Code
of Ordinances; amending the Occupational License Ordinance to provide new categories
for cement bulk plants and milk bulk plants, and to provide that Locksmiths be bonded.
Title read as follows:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER 10, ARTICLE I, SECTION 10 -15 TO ADD A NEW
CATEGORY (26 -A) COVERING CEMENT BULK PLANTS; AMENDING SUB - PARAGRAPH (59)
PROVIDING THAT LOCKSMITHS MUST BE BONDED; AND ADDING A NEW SUB - PARAGRAPH
(65 -1) TO PROVIDE FOR MILK PLANTS; PROVIDING AN EFFECTIVE DATE.
Councilman Knight moved to advertise for second and final hearing on Tuesday,
August 24, 1982, seconded by Councilman Burk. Motion carried.
AGENDA ITEM #V - PLANNING BOARD
Chairman /Mayor Douglas opened the floor for discussion by Council on naming a
member to the Planning and Zoning Board to fill the unexpired term of Chairman Dale
Burk.
Councilman Watford moved to appoint Thomas Miller to the Planning and Zoning
Board, seconded by Councilman Chapman. Motion carried.
Administrator's office to notify Mr. Miller of appointment.
AGENDA ITEM #VI - MASTER PLAN - WATER, SEWER AND DRAINAGE
Chairman /Mayor Douglas opened the floor to allow Engineer Broome to discuss the
proposals and costs involved in developing a Mater Plan for water, sewer and drainage,
for the City.
Engineer Broome stated the master sewer and water plan can be developed utilizing
information that is available at this time (ie. existing property appraiser aerials).
The master drainage plan will, however, need additional field data, new aerials, to
determine existing drainage areas, contours and elevations.
The information needed for the drainage plan is very similar to that needed for
the lateral sanitary sewer construction plan. Therefore, Broome recommended the
drainage plan be delayed until the sewer plans are developed, this would amount to a
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substantial savings to the City in design fees.
Estimated costs for the master plans for the water, sanitary sewer and drainage
systems are as follows:
1) Master Sewer Plan -
2) Master Water Plan -
3) Master Drainage Plan -
Total for all phases -
$5,000.00
$7,500.00
$5,000.00
$17,500.00
Director Fortner stated the Public Works Department does not have the facilities
to prepare the detailed maps; for this engineering expertise is needed.
Councilmen Knight, Chapman and Watford felt these costs should be discussed and
incorporated into next year's (1982 -83) budget.
Councilman Watford indicated he was under the impression that the latest request
for water line extension (by Rucker Wilcox) would tie in with the master plan. The
Council will remain with the present policy until the master plan is complete.
Director Fortner presented proposed "System Capacity Charge" recommendations for
new customers on the water supply and on the sanitary sewer.
Director Fortner reported that the Engineer surveyed the area in question
(Wilcox' construction site), with a master plan in mind, and surmised the fact that
a two inch (2 ") water line is sufficient. The larger lines would run north and south
on Tenth Avenue.
Councilman Burk stated "if the City is going to get the water sanitary sewage
and drainage systems in hand for future planning a master plan is greatly needed.
The Council should make this a priority item when considering next year's budget."
Council agreed to study all reports for further discussion at the next meeting.
Regarding Rucker Wilcox' request for water line extension along Southwest Second
Street between Tenth and Eleventh Avenues, Councilman Burk moved to proceed with the
two inch (2 ") line in the area requested, seconded by Councilman Knight.
Councilman Watford asked if this meant Wilcox would pay for the two inch (2 ")
line instead of a six inch (6 ") line. Director Fortner said yes. Attorney Conlon
advised that Council is distinguishing this request to be a unique situation which
warrants special consideration. The Engineer has determined this particular case
does not require a large main line as have previous requests.
There being no further discussion, Chairman /Mayor called for a vote on the motion
to install a two inch (2 ") line at customer's cost, motion carried.
AGENDA ITEM #VII - FARMERS HOME ADMINISTRATION - FUNDING FOR SEWER IMPROVEMENTS
Chairman /Mayor Douglas opened the floor for discussion and recommendations from
the City Engineer and Director of Public Works relative to filing a comprehensive
application with Farmers Home Administration (FmHA) to obtain funds for a new sewage
treatment plant, lateral sewers and the required modification to eliminate discharges
into Taylor Creek.
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Director Fortner informed the Council that "he and Administrator Fellows have
talked with FmHA regarding funding for the sewage improvements. Due to the uncertain-
ty of EPA funds the city should pursue the filing of an application with FmHA." A
pre - application has already been filed. Filing a formal application is the next step,
which will require detailed engineering reports."
Fortner recommended the Council move ahead and see which program (DER or FmHA)
will be best for the City. DER has stated the City of Okeechobee could possibly
receive 1983 funds, however, it would only be fifty -five percent (55 %). A list
regarding the EPA funds will be published in mid - September.
Mr. William Weathers of Southeastern Municipal Bonds, Inc., briefly outlined Farmers
Home Administration steps. At the end of each fiscal year funds not used by other
states are pooled together for distribution. Mr. Weathers suggested the City apply
to FmHA for assistance as soon as possible and ask for the maximum grant allowed.
Attorney Conlon questioned the need for such a large scale project which requires
such a substantial loan.
Director Fortner noted if a FmHA loan is obtained they will require the eventual
hook -up of everyone to the sewage system. Local contractors have also indicated the
possibility of Farmers Home taking the funds out of the Okeechobee area if sewer and
water is not made available. This would greatly hamper the growth of the City.
Councilman Chapman felt "the purpose was to plan for the future and not limit
ourselves." Councilman Burk said the City should take it step by step. First step
being a Master Plan, second apply for loans to finance the expansion projects, etc..
Chairman /Mayor Douglas agreed the first step is getting the application underway,
by starting with a master water and sewage plan.
It was determined that the preliminary work submitted with the formal application
in no way obligates the City. It merely establishes a need for the funds. The
actual plans for construction can be modified in any way.
AGENDA ITEM #VIII - LETTER OF INTENT - SOUTHEASTERN MUNICIPAL BONDS, INC.
William Weathers presented, for Council's consideration, a "Letter of Intent"
naming Southeastern Municipal Bonds, Inc. as underwriter. Weathers would work in
a liaison capacity to secure financial assistance for the proposed wastewater program.
Southeastern Municipal Bonds, Inc. will charge no liaison fee if they purchase
a portion of the Revenue Bonds or Revenue Bond Anticipation Notes. In the event the
program is abandoned or Revenue Bonds or Revenue Bond Anticipation Notes are not sold,
the City will have to pay Southeastern Municipal Bonds, Inc. Five Hundred Dollars
($500.00) for liaison services performed.
Council discussed how much of the engineering work and costs will have been
saved by using the present 201 Plan, by just adding to it. Members of the Council
expressed concern with the City possibly going into greater debt than necessary and
planning for more expansion than needed.
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Councilman Burk summarized, the City established the immediate need for action to
correct the existing sewage problem which was taken care of at the Special Meeting
Thursday night. Now action is needed to be taken on a Master Plan, without such,
funding will not be made available.
Administrator Fellows stated, for clarification, everything discussed is
interrelated. Anything done will affect the 201 Plan and the proposed lateral sewer
program. Fellows summarized that the Public Works Department is asking, 1) for
authority to file an application to sewer the entire City, 2) to proceed with the
201 Plan, and 3) to eliminate the discharge into Taylor Creek. All three in one
application.
Director Fortner added if the City learns what will happen with the Federal
monies (FmHA or EPA), the City may not have to go ahead with the Six Hundred Thousand
Dollar ($600,000.00) renovation of existing plants. The City could put the monies
into a longer range plan. The alternatives presented were for Council to choose
what is best for the future growth of the City.
Regarding the possibility of duplicate spending, Administrator Fellows assured
Council members, before any money is spent, the Council will vote on how much and
in what manner the monies are to be spent.
Councilman Burk moved to transfer the necessary funds from the Water & Sewer
account and approve the Master Sewer Plan, seconded by Councilman Chapman. Motion
carried.
Councilman Knight moved to apply for the grant from Farmers Home Administration
(FmHA), seconded by Councilman Burk.
Councilman Watford asked for a cost estimate for engineering fees for applying
for the grant. Watford stated he is reluctant to vote on the issue without knowing
financial consequences. Engineer Broome was unable to answer at this time, but will
let Administrator Fellows know in the next few days.
Councilman Burk stated regardless of the costs the work must be done, sooner or
later.
With no further discussion, Chairman /Mayor Douglas called for a vote on the motion
to apply for a FmHA grant. Due to the uncertainty of costs, Councilman Knight with-
drew his motion, Councilman Burk withdrew his second. Administrator Fellows to notify
the Councilmen of the cost when available.
Council discussed further the "letter of intent" (ie: different firms or banks
that could possibly do the work). Councilman Burk, having gone through this process
before, noted that any steps that can better the City's chances of obtaining funds,
should be done.
Councilman Burk then moved to grant authority to sign the "letter of intent"
with William Weathers of Southeastern Municipal Bonds, Inc., seconded by Councilman
Chapman. Motion carried.
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AGENDA ITEM #IX - SEWER PLANT CAPACITY RESERVATIONS
Chairman /Mayor Douglas brought up for further discussion the sewage treat-
ment plant capacity reservations for the proposed nursing home and the proposed
pancake house.
Douglas noted the reservation would be contingent on 1) the annexation of the
nursing home, 2) their willingness to pay the system capacity charge and tap fee,
and 3) the City's "cease and desist" order being lifted, whereby new hook -ups can be
made. Attorney Conlon added it should also be contingent on the City up- grading the
present system and obtaining financing; also, the issuance of the proper permits.
Conlon further stated it should be understood this would merely be a reservation "as
soon as additional capacity was available ", not a guarantee that the City will now
produce this capacity. Councilman Burk stated for clarification "these would be
made the two (2) priority reservations; first the nursing home, second the pancake
house."
Councilman Knight moved that the sewer reservations be granted contingent on the
items listed and discussed, seconded by Councilman Burk.
Brief discussion for further clarification of the contingent factors. Chairman/
Mayor Douglas called for a vote. Motion passed.
OKEECHOBEE REHABILITATION CENTER
Attorney Burton Conners, speaking for the Okeechobee Rehabilitation Center,
appeared before the Council in regards to the construction of an adult congregate
living facility, for the mentally disabled residents of the community.
The two proposed building sites are as follows: 1) on County property just north
of the old hospital, and 2) southeast corner of Southeast Fourth Avenue and Southeast
Third Street. The deadline for available funds is September 15th. Construction must
begin on or before that date in order for the Rehabilitation Center to obtain the
funds.
The Rehabilitation Center is requesting a letter from the City stating there are
no objections to the project, be sent to the Department of Housing and Urban Develop-
ment (HUD).
Attorney Conners noted the property site north of the old hospital is zoned
Commercial and the property on Southeast Fourth Avenue is zoned Residential, General.
Conners informed the Council that Building Official Westbrook saw no problem as far
as zoning is concerned. Westbrook felt it could be considered a multi- family dwelling
and /or a nursing home, both being authorized in the particular zones.
Administrator Fellows advised Council the letter from HUD states "a group home ",
and the City's Comprehensive Plan does not allow for group homes. When contacted, the
Central Florida Regional Planning Council's first reaction was that a revision of the
Plan is needed which will require public hearings.
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Ed Ellsworth, new Director of the Rehabilitation Center, stated this request
had been discussed previously by the Council. The need letter may have already been
authorized.
Councilman Burk recalled it being discussed before, but thought it was regarding
sewer hook -up. He suggested theminutes be researched to clarify. Administrator
Fellows stated if approval came prior to the adoption of the Comprehensive Plan, a
letter should be sent. However, if the approval was for sewer reservation only and
the zoning is not alright, the request will have to go before the Planning Board.
After discussion, Council agreed to research the minutes, contact the Central
Florida Regional Planning Council, and if no objections instruct the Administrator
or Mayor to write the needed letter.
AGENDA ITEM #X - SICK LEAVE
Chairman /Mayor Douglas called on Administrator Fellows to discuss with Council,
amending the existing policies on sick leave to allow an employee with accrued sick
leave, and on approval of his department head, to use same when a member of the
employee's immediate family requires personal care and attention of the employee
regardless of whether the person is a member of the employee's household.
It was suggested the wording of the Employee handbook, page twelve, be changed
to "household or immediate family."
AGENDA ITEM #XI - FUNERAL LEAVE
Council discussed amending the current policy relative to funeral leave to
provide where there is a death in an employee's immediate family, and on approval
of the department head, the employee may use accrued sick leave if necessary to
remain at the funeral site beyond the present number of days allocated.
Councilman Burk suggested the Council approve administrative leave for up to
three (3) additional days, in either circumstance, but to handle it on an individual
basis, with administrative input. (Administrative input being administrative staff
not necessarily the Council).
Regarding sick leave, Councilman Watford moved to amend the wording to "house-
hold or immediate family ", on item three (3) Sick Leave, page twelve (12), seconded
by Councilman Knight. Motion carried.
Regarding funeral leave, Councilman Burk moved that any additional leave, beyond
the leave the Employees Manual now provides, be considered administrative leave with
pay; that it not be made an extension of the sick leave, but made on an individual
basis, as needed, with administrative review and approval, seconded by Councilman
Chapman. Motion carried.
AGENDA ITEM #XIII - MAYOR TO CALL ON AUDIENCE
Chairman /Mayor Douglas called for citizens in the audience wishing to address the
Council.
T
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Fire Chief Tomey informed the Council that, at a meeting he attended Monday night,
several citizens both City and County commended the Council for their action taken at
the Special Meeting to improve the City sewer system, to plan for future growth.
Mrs. Jack Williamson asked for the necessary steps to be taken for the annexation
of the proposed nursing home property. Attorney Conlon advised that she contact an
attorney and have him follow the guidelines set out in Chapter 177 of the Florida
Statutes.
Regarding the July 29th Memorandum from the Public Works Department, concerning
the transfer of funds for the removal of dead trees, Chairman /Mayor Douglas stated it
should be specified as to which items are to be paid.
Councilman Watford moved to approve the Director of Public Works to extend the
funds for Items One and Two on the memorandum of July 29th to provide for the removal
of dead trees in the park, seconded by Councilman Burk. Motion carried.
AGENDA ITEM #XIV - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR
AND COUNCIL MEMBERS FOR REPORTS AND /OR REQUESTS
Clerk Thomas presented the Water & Sewer Fund and General Fund Warrant Registers
for Council approval.
Councilman Burk moved to approve the Water & Sewer Warrant Register in the
amount of Twenty Thousand Two Hundred Sixty -Four and 82/100ths Dollars ($20,264.82)
and the General Fund Warrant Register in the amount of Fifty -One Thousand Five
Hundred Seventy -Three and 85/100ths Dollars ($51,573.85), seconded by Councilman
Chapman. Motion carried.
Attorney Conlon reported that LaGrow's attorney has given the City an extension
on the time in which to accept their settlement offer, until August 25th. This will
give Attorney Conlon time to review all the depositions.
Administrator Fellows, as authorized by Council, reported on the surveys taken
in regards to audit proposals, and interviews. Based on the votes of the City Clerk,
Director of Public Works and Administrator, the top three candidates were as follows:
1) Ernst & Whinney of West Palm Beach
2) W.O. Daley of Okeechobee (formerly McAlpin, Curtis)
3) Haskins & Sells
With Council's authority, Administrator Fellows wished to meet with the number
one firm and try to negotiate a satisfactory audit fee.
Councilman Knight so moved to authorize the City Administrator to negotiate a
satisfactory fee, seconded by Councilman Burk. Motion carried.
Councilman Chapman asked where Southeast Eighth Street was on the street paving
list. Director Fortner stated it was not on the original list due to a need for a
six inch (6") water line extension. Fortner to review the situation again.
Councilman Chapman asked Administrator Fellows if he had contacted Milton Rhoden
regarding the parking areas around the County Court House. The spaces need to be
clearly marked. Fellows apologized and stated he would contact Mr. Rhoden.
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Councilman Chapman stated the hog problem in the Southwest section still exists,
the complainant is not satisfied. After brief discussion Councilman Burk suggested
the Police Department be instructed to remove the hogs because of the noxious odor.
Council agreed.
Councilman Knight asked for details on the up- coming street paving. Fellows
stated that with monies budgeted in 1981 -82 Budget, the City has put out for bids,
several streets for paving. Bids to be opened Friday, August 20th.
Councilman Watford reported that the Central Florida Regional Planning Council
meets tomorrow, Wednesday, August 11, 1982.
Chairman /Mayor Douglas informed the Council the City Employee BBQ is tentatively
set for October 9th, at the Civic Center.
AGENDA ITEM #XV - ADJOURNMENT
There being no further business the meeting adjourned at 10:00 P.M.
ATTEST:
onnie S.
City Clerk
City of Okeechobee
homas, CMC
ward H
-E ward W. Douglas, DC
Chairman /Mayor
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK.
REGULAR MEETING
TUESDAY, AUGUST 24, 1982
The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M.,
Tuesday, August 24, 1982, in the City Council Chambers, 55 Southeast Third Avenue, Okeechobee,
Florida.
Chairman /Mayor Edward W. Douglas called the meeting to order with the following Council-
men present:
Edward W. Douglas, Chairman /Mayor
Donald Burk, Vice Chairman
Dowling Watford, Jr.
Oakland Chapman
James H. Knight.
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
L.C. Fortner, Jr., Director of Public Works
David M. Conlon, City Attorney
James Broome, Consulting Engineer
Janice M. Mann, Deputy Clerk
11
F L �r
AGENDA
CITY COUNCIL
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
AUGUST 10, 1982
7:00 P.M.
1. Invocation and Pledge of Allegiance
Approval of the minutes of the regular meeting of July 27, 1982 and the minutes
of the Special meeting of August 5, 1982.
Introduction of an ordinance proposing to rezone Lots 11 and 12, Block 182,
located on the northwest corner of the intersection of Southwest 3rd Avenue
and 4th Street from RG-2 to Commercial for constructing a gift shop and office
and setting of a public hearing for Tuesday, September 14, 1982.
IV. Introduction of an ordinance amending the Code of Ordinances; amending the
Occupational License Ordinance to provide new categories for cement bulk plants
and milk bulk plants, to provide that Locksmiths be bonded and setting of a
public hearing for August 24, 1982.
V. Action by the Council on naming a member to the Planning and Zoning Board to
fill the unexpired term of Chairman Dale Burk.
VI. City Engineer to discuss proposals and costs involved in developing a Master
Plan for water, sewer and drainage.
VII. Recommendations from City Engineer and Director of Public Works relative to
filing comprehensive application with Farmers Home Administration for new sewage
treatment plant, lateral sewers and required modification to eliminate discharges
into Taylor Creek.
VIII. Authority to sign letter of intent with William Weathers of Southeastern Municipal
Bonds, Inc.
IX. Further discussions relative to sewage treatment plant capacity reservations for
proposed nursing home and pancake house.
X. Discussion relative to amending the existing policies on sick leave to allow an
employee with accrued sick leave and on approval of his department head, to use
same when a member of the employee's immediate family requires personal care and
attention of the employee regardless of whether the person is a member of the
employee's household.
XI. Discussion by the Council on amending current policy relative to funeral leave
to provide where there is a death in an employee's immediate family and on
approval of the department head, the employee may use accrued sick leave if
necessary to remain at the funeral site beyond the present number of days allocated.
XII. Discussion by the Council to grant authority for the transfer of $2,500 from
541-6300 to 572-6300 for the purpose of providing monies to eliminate dead trees
in the park which are hazardous in nature.
XIII. Mayor to call on anyone in audience wishing to address the Council.
XIV. Mayor to call on City Clerk, City Attorney, City Administrator and members of
the Council for reports and/or requests.
XV. Adjournment