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1982-08-24 Regular Meting3127 3 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: Lonnie S. Thomas, CMC City Clerk City of Okeechobee Edward 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 T I 111 ■....T I 3128 82 -1 82 -34 AGENDA ITEM #I - INVOCATION AND PLEDGE The Invocation was offered by City Clerk Bonnie S. Thomas followed by the Pledge of Allegiance. AGENDA ITEM #II - APPROVAL OF MINUTES With no additions, corrections or deletions needed, Councilman Burk moved to approve the minutes of the regular meeting of August 10, 1982, as presented, seconded by Councilman Watford. Motion carried. WILLARD MAYS SOFTBALL TEAM Ken McKinnen, representing the Willard Mays Softball team, appeared before the Council to request support in the team's quest for a national title. Having won the State championship a few weeks ago, the team will be traveling to New York Labor Day weekend to compete. McKinnen, noting this event will bring notoriety to the Okee- chobee area, asked for financial support from those present, as individuals. Councilman Chapman commended the team for their success and pledged One Hundred Dollars ($100.00). AGENDA ITEM #III - FIRST READING - ORDINANCE AMENDMENT OCCUPATIONAL LICENSES - GREEN VEGETABLES, FRUITS Chairman Douglas presented for first reading an ordinance amending the Code of Ordinances; amending Chapter 10, Section 10 -15 to provide an addition and correct the existing catagory of green vegetables, fruits; providing an effective date. Chairman Douglas read the ordinance as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10, SECTION 10 -15 TO PROVIDE AN ADDITION AND CORRECT EXISTING CATAGORY OF GREEN VEGETABLES, FRUITS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION (46) a) GREEN VEGETABLES, FRUITS, dealers in, usually dispensed at a roadside stand or site without potable water. (Home Grown and Owned $ }eeTee Exempt b) GREEN VEGETABLES, FRUITS - Produce and Fruit Stand Vendor. $100.00 Introduced and passed on first reading this 24TH day of AUGUST 1982. ATTEST: BONNIE S. THOMAS City Clerk EDWARD W. DOUGLAS Mayor Councilmand Burk moved that the ordinance amendment be advertised for second and final hearing on September 14, 1982, seconded by Councilman Chapman. Motion carried. 1 T 1 T T 3130 82 -61 After brief discussion by Council on the need for drafting a separate ordinance covering milk hauling, Councilman Chapman moved to adopt the ordinance as amended, seconded by Councilman Burk. Motion carried. AGENDA ITEM #V - FINAL HEARING - REZONING REQUEST - EMORY WALKER Chairman Douglas presented for final hearing the ordinance proposing to rezone Lots 10, 11 and 12, Block 177 located on the northwest corner of Southwest Third Street and Southwest Fifth Avenue from RG -2 to Commercial, for the purpose of constructing an office, retail store and warehouse. The ordinance 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. WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Appendix A, the Compre- hensive Zoning Ordinance of the City of Okeechobee, and WHEREAS, after consideration of the requirements of the Comprehensive Zoning Ordinance and the land use plan of the City of Okeechobee as set out in the City of Okeechobee Comprehensive Plan and further after consideration of the public's interest it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeecho- bee as herein stated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Residential General -2 to Commercial. Lots 10, 11 and 12, Block 177, City of Okeechobee Three lots measuring 150 ft. by 142.5 ft. located on the Northwest corner of intersections of Southwest 5th Avenue and Southwest 3rd Street. SECTION 2. That the applciation requesting this zoning change and proof of publication for any and all public hearings in connection herewith shall be attached to and become a part of this Ordinance. SECTION 3. The Zoning Administrator shall make the appropriate change on the City's zoning map in accordance with this ordinance. 1982. SECTION 4. THis ordinance shall be come effective immediately upon its adoption. Introduced and passed on second and final reading this 24TH day of AUGUST ATTEST: BONNIE S. THOMAS City Clerk EDWARD W. DOUGLAS Mayor Chairman Douglas called for comments or objections from those citizens present. Andy Rubin asked if the surrounding property owners were notified. Clerk Bonnie Thomas advised that as set out in Ordinance 402 everyone within five hundred feet 3131 82 -48 82 -70 (500') were notified by letter; along with the notice published in the local news. Rubin asked to go on record as being against the rezoning. Emory Walker, citizen requesting rezoning, stated the property was originally zoned Commercial. Then in the mass rezoning, as part of Ordinance 402, the property was rezoned Residential. Councilman Watford noted the surrounding area is primarily rental units. Watford felt, since the property was originally Commerical and purchased with that intent, the Council should rectify the situation by changing it back to Commercial. Councilman Chapman moved to grant the rezoning of Lots 10, 11 and 12, Block 177, from Residential, General (RG -2) to Commercial, seconded by Councilman Burk. Motion carried. AGENDA ITEM #VI - FmHA APPLICATION ENGINEERING FEES Chairman Douglas opened the floor for discussion and action by Council authorizing the expenditure of Ten Thousand Dollars ($10,000.00) for the preparation of the engineering portion of the Farmers Home Administration (FmHA) application for develop- ment of the City's long range sewer needs. A letter from Broome, Van Ostran & Associates stating the engineering fees will not exceed Ten Thousand Dollars ($10,000.00) was presented to the Council. Councilman Watford asked Engineer Broome, if he anticipated having any problem meeting the September 15th deadline. Broome assured the Council there would be none. Councilman Watford moved to authorize the engineering firm of Broome, Van Ostran & Associates to complete the application for a Farmers Home Administration grant; the fees not to exceed Ten Thousand Dollars ($10,000.00), seconded by Councilman Burk. Motion carried. Councilman Watford felt, due to an article in the Palm Beach Post, clarification was needed regarding the contingencies required for the proposed nursing home. Jack Williamson asked, also, for the tap fee and system capacity charges. Attorney Conlon advised the current rate is eighty cents (800) per thousand, however, that is subject to change at anytime. The current tap fee is Three Hundred Twenty -Five Dollars ($325.00). Attorney Conlon wanted to make it clear that the City is not taking the posture "to get sewer from the City, you must annex to it." Mr. Williamson asked of the status of the DER permit. Director of Public Works Fortner explained that the City is presently operating without a permit, DER is waiting for the City to submit a plan of correction prior to issuing a permit. Council reaffirmed the fact that, once annexation takes place the Twenty -Four Thousand (24,000) gallons will be set aside, when the City has the capacity to handle it. AGENDA ITEM #VII - HUMANE SOCIETY Chairman Douglas opened the floor for discussion and action by the Council to authorize the Mayor to execute an agreement with the Director of the Humane Society 3132 82 -29 authorizing him to act to investigate violations of laws relating to the prevention of cruelty to animals within the city limits. Councilman Watford asked that even on approval by the Council, the Director will still have to be approved by the County Judge. Coucnilman Chapman said yes. Councilman Watford also questioned whether problems will arise with the Director of the Humane Society not being an employee of the City. Administrator Fellows advised there would be no duplication of effort, this is a state law, which simply authorizes the agent to investigate alleged cruelty to animals; it does not impower him to pick up animals or even enforce the City's ordinances. As it stands not the agent can not come into the City to investigate complaints, without the Mayor's approval. Councilman Burk was concerned with the face that the Statute also covers child abuse. Statute 828.03 (1) reads: 828.03 Agents of counties, societies, etc., may prosecute violators. - (1) Any county or any society or association for the prevention of cruelty to children or animals, organized under the laws of this state, may appoint agents for the purpose of investigating violation of any of the provisions of this chapter or any other law of the state for the purpose of pro- tecting children and animals or preventing any act of cruelty thereto. Administrator Fellows stated the Council can restrict the agent's investigations to cruelty to animals. The investigation of the cruelty to children is handled by an entirely separate society. Council discussed the various implications of Chapter 828.03. Administrator Fellows stated the letter of authorization eliminates any mention of children and refers only to animals. Councilmen Burk, Douglas and Chapman had no problem with the letter if child abuse is left out. Administrator Fellows suggested that the letter be changed in the following way; in the third line, strike the words "any of the ". The letter will then read: The City of Okeechobee hereby authorizes Ronald H. Price, Sr. to be their agent within the city limits for the purpose of investigating violations of provisions of Florida Statute, Chapter 828 for the purpose of protect- ing animals or preventing any active cruelty thereto. Council agreed and authorized the Mayor to sign the letter as amended. AGENDA ITEM #VIII - AUDIT SERVICES Administrator Fellows, upon Chairman Douglas' request, advised Council as to the results of the negotiations with the audit firm selected as number one. The proposed fee of Sixteen Thousand Dollars ($16,000.00) was too much in excess, therefore, further negotiations were terminated. The proposed fee of the number two audit firm (W.O. Daley) was Six Thousand Dollars ($6,000.00). This was well below last year's cost of Eleven Thousand Dollars ($11,000.00). 1 111 3133 82 -71 Councilman Burk moved to accept the proposal from W.O. Daley & Co. for the examination of the financial statements and preparation of related reports for the year ending September 30, 1982, for the sum of Six Thousand Dollars ($6,000.00), seconded by Councilman Knight. Motion carried. AGENDA ITEM #IX - BID TABULATIONS - STREET PAVING Administrator Fellows stated that upon authorization from Council, steps were taken to see that certain City streets were paved. The Cosulting Engineer prepared specifications, the streets were chosen on the basis of an examination by the Director of PUblic Works for traffic density. The high priority street chosen in the commercial district was Northeast Fifth Avenue; the high priority street in the residential section was Southwest Fourteenth Court. The parking area adjacent to City Hall parking lot is also to be paved. The bids received were as follows: N.E. 5th Ave. S.W. 14th Ct. Parking Lot from E.N. Park from S.W. 5th at N.E. Water St. to N.E. 3rd Ave. to dead end Tower Total 1. Dickerson, Inc. P.O. Box 719 Stuart, Fl. 33494 2. Highway Pavers P.O. Box 1051 Lake Placid, Fl. 3. Ft. Plerce Paving P.O. Box 3265 Ft. Pierce, Fl. 4. Rock -A -Way Okeechobee, Fl. 5. LaGrow, Inc. (Whitaker) $12,243.21 $ 9,983.48 $10,896.55 $10,487.47 $ 8,075.75 $6,639.05 $9,845.85 $12,547.55 $ 7,784.25 $ 5,084.15 $13,176.00 $32,058.26 $12,315.75 $32,145.08 $15,771.00 $39,215.10 $10,533.00 $28,804.72 $ 7,895.00 $21,054.90 Director Fortner stated LaGrow Irrigation submitted a bid by bonding a paving company. Fortner noted he spoke with Mr. LaGrow who stated he was not in the paving business, and was only bonding the bid for Whitaker Paving Company. The low bid was received from LaGrow; number two bid was from Rock -a -Way of Okee- chobee. Council discussed briefly. Councilman Burk moved to award the bid to Rock -A -Way, Inc. of Okeechobee for the sum of Twenty -Eight Thousand Eight Hundred Four and 72 /100ths Dollars ($28,804.72), seconded by Councilman Chapman. Attorney conlon advised Council to show valid reason for not accepting the lowest bid; which would be 1) due to the fact LaGrow Irrigation has stated he is not in the paving business, 2) due to the fact that LaGrow Irrigation has never done a paving job in Okeechobee County, and 3) LaGrow is not qualified. Chairman Douglas added that by using a local contractor will employ local people and keep the revenues in the County. No further discussion, Chairman Douglas called for a vote on the motion to award the bid to Rock -A -Way. Motion carried. 3134 82 -6 82 -24 AGENDA ITEM 4/X - BID TABULATIONS - STREET SIGNS Chairman Douglas opened the floor for discussion on bid tabulations relative to the purchase of new street signs reimbursable under the Governor's Highway Safety Commission Grant. Director Fortner advised the Council the City's request for a grant has been approved. Bids for the equipment were received as follows: McCain - $7,278.28 Fairchild - $8,881.44 Advance Barricades - $8,190.47 Municipal Supply - $8,070.88 Vulcan Sign - $6,697.09 Fortner recommended accepting the low bid of Vulcan Sign in the amount of Six Thousand Six Hundred Ninety -Seven and 98/100ths Dollars ($6,697.98). Councilman Chapman moved to accept the low bid of Six Thousand Six Hundred Ninety -Seven and 98/100ths Dollars ($6,697.98) to Vulcan Sign for the Governor's Highway Safety commission Grant, seconded by Councilman Burk. Motion carried. AGENDA ITEM #XI - MAYOR TO CALL ON AUDIENCE Chairman /Mayor Douglas called on anyone in the audience wishing to address the Council. Ms. Thelma McFarland appeared before the Council to request a letter be prepared to Farmers Home Adminsitration stating water will be available for a hundred (100) unit rental housing project, (Okeechobee Better Housing) to be built directly across from the High School. Director Fortner stated the hundred units will not affect the pressure in any way. Each unit would have a separate meter, the water line extension would be run under Highway 441 at no cost to the City. Following brief discussion, Councilman KNight moved to authorize a letter stating "at the present time the City has the availability and the capacity to serve the property under consideration ", seconded by Councilman Burk. Motion carried. Attorney Jerry Lefabvre appeared before the Council to up -date them on the LaGrow suit. He advised the case is ready for trial and suggested the Council reject the latest settlement offer. Councilman Knight moved to proceed with the trial reject LaGrow's settlement offer, seconded by Councilman Burk. Councilman Watford had reservations on suing someone who is not a fault. Attorney Lefabvre reassured him that LaGrow was indeed at fault and did contribute to the ex- isting problems. Chairman Douglas called for a vote on the motion. Motion carried. In regards to the Gerald Powell -vs- City suit, Attorney Lefabvre reported that "under sovereign immunity the City cannot be sued for any intentional acts on behalf of any of the police officers." The City Attorney has filed "Motions to Dismiss" the 3135 3 82 -18 82 -68 City as a defendent in any complaints where the parties are alleging that the actions of the officers were intentional. The remaining complaints will go to jury trial. AGENDA ITEM ECU - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR, AND COUNCIL MEMBERS FOR REPORTS AND /OR REQUESTS Regarding the double taxation payment to the City, Administrator Fellows suggested the Council "proposed to the County that the payments be made preferably on a quarterly basis. (Two quarter payments January 1st, one quarter April 1st and one quarter July 1st). Fellows asked Council for authorization to present said proposal to the County Commis- sioners on Thursday. Councilman Burk felt the City should receive a lump sum payment or put the monies in an escrow account so the City would receive the benefits of interest. Council discussed various possibilities, then authorized Administrator Fellows to propose a lump sum payment on January 1st or two quarter payments plus interest due and payable at Twelve percent (12 %) or the current rate of interest. Administrator Fellows stated the County Commision will consider a firm offer by the City on a plan for the Sheriff's Department to take over the school crossing guards. Sheriff Collier had indicated to Fellows he would take the guards over if the County will allow him to do so. Fellows suggested the City agree to pay one -half (2) of the cost. Councilman Burk felt this was double taxation and stated the County should take full responsiblity. Administrator Fellows noted the State Statutes indicate a school crossing within the city should be maintained by the municipality, with no reference to school crossing guards. Fellows stated the reason this subject was not addressed along with the other double taxation issues was because the Sheriff stated he would take over the school crossing guards as of this year. Consequently the City thought the matter was resolved. Councilman Watford felt the City should pay half (z) and County pay half (Z) this year then gradually get out. Councilmen Chapman and Douglas agreed. Councilman Knight felt the City should get out completely. Administrator Fellows stated if it is the will of the Council, he will write a letter to the County proposing that the Sheriff take over the school crossing guards effective October 1, 1982; the City will reimburse the Sheriff's office one -half (2) of the cost not to exceed one -half (2) of what is in the City budget. It will then be the responsibility of the Sheriff's Department to take it over completely the second year and every year after. Vote on the proposal as follows: Councilmen Watford, Chapman and Douglas voted yes; Councilmen Burk and Knight voted no. Administrator Fellows reported the County is willing to participate in the paving of one block of Southeast Third Street for the proposed group home, if the home is approved. Fellows asked for authorization to propose to the County that they accept one -half of the cost of paving the three hundred feet (300') (between Southeast Third Avenue and Fourth Avenue). 1 III 3136 Councilmen Burk, Chapman, Knight and Douglas agreed to authorize the proposal. Councilman Watford opposed due to the fact thay many other streets need paving also. Administrator Fellows advised Council of a wooden fence erected by Skip Bryant which encroaches approximately ten feet (10') into City right -of -way on Southeast Second Avenue. The owner had to go around two large oak trees which he did not want to remove. Mr. Bryant is seeking authority of the City to leave the fence, and by letter has stated 1) he would maintain said fence, 2) he will hold the Council harmless from any liabilities the City may encounter, and 3) he will remove it at his expense upon notification by Council. Attorney Conlon was instructed to study the ramifications of such an agreement. Administrator Fellows informed the Council the proposed budget is prepared. Copies will be placed in binders and dispursed prior to the first Workshop, August 31, for Council to study. Councilman Chapman reported receiving a complaint of water drainage problem in the Southeast section. Chapman contacted the County Road Department who stated will take care of it within the next two weeks. Regarding the lighting on Northwest Tenth Avenue, Councilman Chapman asked if anything has been done. Administrator Fellows advised the matter has been resolved. Florida Power & Light Company is to install a light within the next couple of weeks. Councilman Chapman brought up for discussion a problem at the Brahman Theater. Owner Richard Hales had requested that the City police patrol the parking lot between 8:30 P.M. and 9:00 P.M. on Monday nights. Administrator Fellows stated the problem was brought to the attention of the Chief of Police, and will be taken care of. Councilman Burk stated he does not want the City to provide a security force on a permanent basis, however, one night is all right. AGENDA ITEM / /XIII- ADJOURNMENT Tnere being no further business, the meeting adjourned at 9:30 P.M. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee Edward W. Douglas, D.0 Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY IN THE CITY CLERK'S OFFICE AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING AUGUST 24, 1982 7:00 P.M. I. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of August 10, 1982. Introduction and first reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee, Florida; amending Chapter 10, Section 10-15 to provide an addition and correct existing catagory of green vegetables, fruits; providing an effective date and setting of a public hearing for September 14, 1982. IV. Public hearing and final reading 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, and to provide that Locksmiths be bonded. V. Public hearing and final reading of an Ordinance proposing to rezone lots 10, 11 and 12, Block 177 located on the Northwest corner of Southwest 3rd Street and Southwest 5th Avenue from RG-2 to Commercial for the purpose of constructing an office, retail store and warehouse. VI. Action by the Council authorizing the expenditure of $10,000 for the development of the engineering portion of the Farmers Home Administration application for development of the city's long range sewer needs. VII. Action by the Council to authorize the Mayor to execute an agreement with the Director of the Humane Society authorizing him to act to investigate violations of laws relating to the prevention of cruelty to animals within the city limits. VIII. Action by Council to authorize audit services for preparing the city's annual financial report for the fiscal year ending September 30, 1982. IX. Receipt of bid tabulations and recommendations relative to paving Northeast 5th Avenue, Southwest 14th Court and the parking area adjacent to City Hall parking lot. X. Receipt of bid tabulations and recommendations relative to the purchase of new street signs reimbursable under the Governor's Highway Safety Commission Grant. XI. Mayor to call on anyone in audience wishing to address the Council. XII. Mayor to call on City Clerk, City Attorney, City Administrator and members of the Council for reports and/or requests. XIII. Adjournment.