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1982-10-12 Regular Meeting3178 82 -1 Dollars ($120,283.13) be approved, seconded by Councilman Chapman. Motion carried. ADJOURNMENT There being no further business, the meeting adjourned at 9:15 P.M. ATTEST: Ate. „. _ G! %il�Li!`� Bonnie S. Thomas, CMC City Clerk City of Okeechobee -/.(1)Z Se- ward W. Douglas, D. Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE REGULAR MEETING TUESDAY, OCTOBER 12, 1982 The City Council of the City of Okeechobee, Florida, met in Regular Session at 7:00 P.M., Tuesday, October 12, 1982, in the City Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida. Chairman /Mayor Edward Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman /Mayor Donald Burk, Vice Chairman Oakland Chapman James H.Knight Dowling Watford Others present were: Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer Larry Mobley, Police Chief L. Keith Tomey, Fire Chief Janice M. Mann, Deputy Clerk City Clerk Bonnie S. Thomas was absent. AGENDA ITEM #1 - INVOCATION AND PLEDGE The Invocation was offered by Councilman Dowling Watford followed by the Pledge of Allegiance. AGENDA ITEM #II - APPROVAL OF MINUTES With no corrections, additions or deletions needed, Councilman Chapman moved to approve the minutes of the September 14, 1982, regular meeting, seconded by Councilman Burk. Motion Carried. 3179 3 - 82 -70 82 -21 AGENDA ITEM #III - HUMANE SOCIETY Chairman Douglas opened the floor for discussion relative to a proposal for the Humane Society to furnish animal control services to the City of Okeechobee. Councilman Chapman asked if the Humane Society has been made aware of the resp- onsibilities of the City in regard to patroling, code enforcement, etc. Administrator Fellows stated it has not been discussed in detail, however, the Humane Society is basically aware of what the City is requesting in the way of service. Councilman Watford stated it would be a good idea for the Humane Society to take over the animal control service, providing it be on atrial basis for six months to a year. This would give each side the opportunity to evaluate the results. Councilman Knight expressed doubts as to what he heard in the news, that one man can not adequately handle the County area. If this is so, how will adding the City affect the service. Henry Kelly, Humane Society representative, stated, "one sincere employee can handle the County." Mr. Kelly noted that, if the Council approves the take -over, the additional funds will be used to hire another full -time employee at the Humane Society which will provide the necessary personnel to service the City. There being no further discussion, Councilman Knight moved to allow the Humane Society to furnish animal control services to the City for a six month probationary period, seconded by Councilman Watford. Councilman Burk questioned whether it would be for the proposed Thirteen Thousand Dollars ($13,000.00). Administrator Fellows stated the Humane Society indicated they would answer all calls within the city limits for Thirteen Thousand Dollars ($13,000.00) per year, plus the Two Thousand Dollars ($2,000.00) per year the City currently pays them towards the care and upkeep of animals. Total of Fifteen Thousand Dollars ($15,000.00) to be paid on a monthly basis. Chairman Douglas called for vote on the motion. Motion carried unanimously. Chairman Douglas voted yes for the record. Administrator Fellows noted this arrangement would be effective as of Friday, October 15, 1982. Chairman Douglas advised that an agreement would be drawn up and signed by both parties. Mr. Kelly agreed. COMMUNITY DEVELOPMENT BLOCK GRANTS Chairman Douglas asked Administrator Fellows to speak briefly on the subject of Community Development Block Grants. Administrator Fellows stated 'this was a follow up on the report at the last meeting on the Small Cities Community Development Block Grant Program. 3180 Dr. Richard Orman and Mr. Robert Murray, present this evening, are associated with a community development and planning firm. Fellows noted he had received an inquiry from two other firms, as well, to put together a "small cities" application for the City. Dr. Orman thanked the Council for the opportunity to appear before them and advised the Council of the limited time remaining to submit an application this year, the deadline being November 8th. Dr. Orman stated, "this is designed for small comm- unites and there are ways in which you can be successful in competing for that money." Mr. Murray stated he has worked with the small cities program since it was enacted by Congress in 1974. It is a tremendous opportunity for small communities to address a variety of problems, whether they are housing, public facilities or economic development. The recent changes in the program have loosened the rest- rictions and opened up more opportunities for communities to identify what their needs are and take care of them. Mr. Murray informed the Council the program is in the process of dispersing funds to communities that were appropriated last year. The program is adminis- tered by Housing and Urban Development (HUD) and is geared to cities of Fifty Thousand (50,000) or less population. The program has Single Purpose Grants and Comprehensive Grants. The Single Purpose application addresses one of three areas 1) housing, 2) deficiencies in public facilities, or 3) economic development. A housing program provides Federal money to homeowners to improve their property, it does not necessarily deal with "public housing ". Grant amounts are up to Five Hundred Thousand Dollars ($500,000.00) with all cost paid for out of the grant. In summary Mr. Murray stated, "the program provides a tremendous opportunity to start the grantsmanship game going, because once you lave the first one you can use that money to pyramid the second, third and so on. The money is going to be passed out, so why not solve some of the problems you have. I encourage participation in the program." Councilman Knight asked Mr. Murray, in his brief survey of Okeechobee, had he been able to surmise any problems in the City and any ways to solve them. Mr. Murray stated he had found problems that could be solved through housing rehabilitation. Councilman Watford asked if a decision must be made tonight as to whether or not the City will pursue this program. Administrator Fellows advised the purpose of the presentation is to give Council something to think about. A decision is not needed this evening, however, as soon as possible. Councilman Watford asked if the gentlemen were affiliated with any firm or just acting as individuals. 3181 3 82 -76 82 -77 Dr. Orman advised he has a corporation called R.G. Orman & Company, Inc., which is a community planning and development firm located in Boca Raton. Mr. Murray noted that since 1973 he has funded cities on a total of twenty -five (25) to thirty (30) grants averaging a half million dollars ($500,000.00) per grant. In the last fiscal year Mr. Murray personally wrote eight applications and had six of them funded. Councilman Watford asked, if the City contracted to apply for the grants, would there be a set fee charged or would it be based on a percentage. Dr. Orman noted having submitted to Mr. Fellows, a very low basic fee of Two Thousand Dollars ($2,000.00) for preparing the grant, win or loose, and a bonus if successful of Thirteen Thousand Dollars ($13,000.00). Councilman Burk asked that Dr. Orman and Mr. Murray submit a list of cities they have dealt with and have been successful. Dr. Orman advised such a list has already been supplied to Mr. Fellows. Administrator Fellows was instructed to distribute said list to Council. Chairman Douglas asked Council to consider the informantion presented, let Mr. Fellows know if they desire to pursue this, and a special meeting can be called if necessary. AGENDA ITEM #IV-FIRST HEARING - PROPOSED ORDINANCE - SYSTEM CAPACITY CHARGES An ordinance amending the Code of Ordinances to provide system capacity charges for the City Water and Sewer System was introduced by the Chairman. Administrator Fellows noted a change in the proposed title to insert one other section. The title should be amended after the first semi - colon: AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -15 TO AUTHORIZE PAYMENT OF SYSTEM CAPACITY CHAREGS.... Chairman Douglas read the corrected title as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -15 TO AUTHORIZE PAYMENT OF SYSTEM CAPACITY CHARGES: AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -17 TO PROVIDE CONNECTION FEES FOR SERVICE OUTSIDE THE CITY LIMITS : CREATING SECTION 18-34 TO PROVIDE SYSTEM CAPACTIY CHARGES FOR PERSONS WITHIN AND WITHOUT THE CITY LIMITS: AMENDING ARTICLE III, SECTION 18 -40 TO PROVIDE CONNECTION FEES FOR SEWER SERVICE OUTSIDE THE CITY LIMITS: CREATING SECTION 18 -47 TO PROVIDE SYSTEM CAPACITY CHARGES FOR THE COST OF EXPANSION OF THE CITY'S SEWAGE TREATMENT PLANT: PROVIDING AN EFFECTIVE DATE. Councilman Burk moved to advertise for second and final hearing on October 26, 1982, seconded by Councilman Knight. Motion carried. AGENDA ITEM #V- FIRST READING - ORDINANCE - REZONING - MCCANN Chairman Douglas presented for first reading an ordinance proposing to rezone Lots 11 and 12, Block 143, from RG -2 to Commercial for construction of a flower shop; and setting of a public hearing for Tuesday, November 23, 1982. Councilman Knight moved to read the ordinance by title only, seconded by Councilman Burk. Motion carried. Tiff 1 3182 82 -5 82 -78 82 -79 The title read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL -2 TO COMMERCIAL. Councilman Knight moved to set for second and final hearing on November 23, 1982, seconded by Councilman Watford. Motion carried. AGENDA ITEM #VI - FIRST HEARING - ORDINANCE AMENDING ORDINANCE 419 - SOCIAL SECURITY BENEFITS Chairman Douglas introduced an ordinance amending Ordinance 419 to extend the benefits of the City retirement system to all city officials in accordance with the Ordinance Code on Social Security. Chairman Douglas read the title as follows: AN ORDINANCE AMENDING ORDINANCE 419 OF THE CITY OF OKEECHOBEE, FLORIDA; SAID ORDINANCE PROVIDING FOR THE RETIREMENT OF EMPLOYEES FOR THE CITY OF OKEECHOBEE; AMENDING SECTION 1, SUB- PARAGRAH I TO REDEFINE CONTINUOUS SERVICE; PROVIDING AN EFFECTIVE DATE. Councilman Chapman moved to set for second and final hearing on Tuesday, October 26, 1982, seconded by Councilman Burk. Councilman Watford asked for clarification on the purpose of this amendment. Attorney Conlon advised that Council had voted to provide for it in the budget. Chairman Douglas called for a vote. Motion carried. AGENDA ITEM #VII - RESOLUTION - EXCHANGING 12' UTILITY EASEMENT Chairman Douglas presented for discussion and possible acceptance of a resolution exchanging a twelve foot utility easement located between Lots 203 and 204 off Southeast Eight Avenue for a twelve foot utility easement on the south side of Lot 203. Attorney Conlon questioned the terminology and advised, recalling previous discussions, it should state "drainage easement ". The resolution can be approved subject to the wording change. Council discussed briefly. Councilman Knight moved to insert drainage rights into the agreement and approve the resolution subject to the wording change, seconded by Councilman Watford, motion carried. AGENDA ITEM #VIII - DRAINAGE - ALONG HOPKINS MEANDER LINE Director Fortner informed the Council of the severe drainage problems along the Hopkins Meander Line between Southeast Tenth Avenue and Southeast Eleventh. Avenue. A small rut road crossing private property is now the only means the City has to obtain ingress to the area for cleaning of the ditches and also is the only road for the meter readers to reach the water meters. The problem can be relieved by the acquisition of sufficient right -of -way. 3183 - - 82 -6 82 -80 Administrator Fellows advised that the property owners have not been contacted officially until the Council instructs him to do so. Letters have been prepared, but not sent, asking each of the property owners to donate twenty foot (20') of right -of- way on each side of the Hopkins Meander Line. Council discussed the problem briefly, and agreed unanimously to instruct Administrator Fellows to contact the property owners in an attempt to obtain the necessary right -of -way by donation, to improve drainage. LaGROW SUIT Attorney Jerry Lefebvre appeared before the Council to up -date them on the LaGrow suit. Lefebvre advised that the judge has granted a summary judgement in favor of LaGrow. They now must decide whether or not to appeal that decision. Attorney Lefebvre noted receipt of another settlement offer, which in his opinion shows they (LaGrow) are concerned that they would loose the appeal. Attorney Lefebvre read from the depositions of the engineer, Donald Sheppard, noting points of contention, and urged the Council to appeal. Attorney Lefebvre stated he felt very strongly that the City would win the appeal. The estimated cost of an appeal would be Three Thousand Dollars ($3,000.00), Lefebvre added that anything over that would not be charged to the City. Councilman Watford asked, "what you are saying is that we have a case of neg- ligance against LaGrow and the judge says, no we don't. In the memo you feel that is an issue that should be decided by a jury. The judge says in both opinions that the City has no claim for negligancd, and you are saying the judge should not be able to determine that, a jury has to." Attorney Lefebvre explained, "negligance is basically always a jury issue. Breach of contract is sometimes a question for the court and sometimes a question for the jury. The proper status of law is that, what constitutes a breach of contract is a question for the court; if you have to decide what facts are true or false to determine whether that breach of contract occurs, that is a jury issue." The Council discussed the LaGrow case. Due to all the time and money invested so far in this suit, Council unanimously agreed to appeal. AGENDA ITEM #IX - BID TABULATIONS - DUMP TRUCK AND 3/4 TON TRUCK Chairman Douglas presented the bid tabulations and recommendations to purchase a new dump truck for the Street Department and a new 3/4 ton truck for the Sewer Department. The bids were as follows: Okeechobee Motor Co. Dump Truck 3/4 Ton Truck P.O. Box 518 Okeecnobee, Fla. $17,496.00 $8,798.00 Gilbert Chevrolet P.O. Box 848 Okeechobee, Fla. No Bid No Bid Willard Mays Auto Sales 502 N. Parrott Avenue Okeechobee, Fla. No Bid No Bid - . Mr-MIT 3184 82 -13 82 -71 82 -41 Councilman Watford commented, so there would be no misunderstanding, the last time the County purchased two new dump trucks no other local company submitted bids other than Okeechobee Motor. Councilman Burk moved to award the bid to Okeechobee Motor Company on the dump truck in the amount of Seventeen Thousand Four Hundred Ninety -Six Dollars($17,496.00) and on the 3/4 ton truck in the amount of Eight Thousand Seven Hundred Ninety -Eight Dollars ($8,798.00), seconded by Councilman Chapman. Councilman Burk, Knight and Chapman voted yes. Councilman Watford abstained due to a financial interest in one of the companies involved. Motion carried. AGENDA ITEM #X - WEE CARE CHILD CENTER - INGRESS AND EGRESS PROBLEM Chairman Douglas called for discussion and recommendations relative to ingress and egress problems along U.S. 441 at Southwest Sixth Street near the Wee Care Child Center. Chairman Douglas noted it has been recommended by Police Chief Larry Mobley and Director of Public Works L.C. Fortner, that the owner purchase some one way signs, changing the flow of traffic and making the alley easement in back of the Wee Care Center one way going north to Fifth Street. It was agreed by the entire Council that the changes could be made. AGENDA ITEM #XI - MAYOR TO CALL ON AUDIENCE Chairman Douglas called on persons in the audience wishing to address the Council. There were none. AGENDA ITEM #XII - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS Deputy Clerk presented the Warrant Registers for Council's approval. City Administrator Fellows reminded those present of the seminar to be held at the High School auditorium at 7:00 P.M. , Wednesday. Topic being "Management Motivation." Chairman Douglas urged all to attend. Administrator Fellows presented additional information for further study, regarding the United Telephone Company Franchise. UTS has reworded the section regarding underground service and inserted the word "recurring" in local service exchange revenue. Administrator Fellows presented a new street paving priority list; anticipating cost of Sixty Thousand Dollars ($60,000.00). Fellows asked for authorization for the engineer to prepare bid specifications. Following brief discussion, Council agreed to authorize the preparation of bid specifications to proceed with the paving program. Regarding the proposed building plans for expansion of City Hall, Administrator Fellows asked for Council's input, suggestions, modifications, etc. Council discussed the plans briefly. 3185 82 -12 Councilman Burk requested time toneview the plans. Council agreed, final decision will be made at the next meeting. Councilman Knight moved to approve the Warrant Registers as presented, seconded by Councilman Burk. Motion carried. Councilman Watford asked that the Fire Chief be congratulated on the fire demonstration held the other night. Chairman Douglas agreed and added an appreciation to Glades Gas who donated all the equipment and gas. ADJOURNMENT There being no further business the meeting adjourned at 8:55 P.M. Edward Douglas, D.C. Chairman /Mayor City of Okeechobee ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE. SPECIAL MEETING WEDNESDAY, OCTOBER 20, 1982 The City Council of the City of Okeechobee, met in Special Session at 5:30 P.M., Wednesday, October 20, 1982, in the City Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida. The Special Meeting was called to order by Chairman /Mayor Edward W. Douglas with the following Councilmen present: Edward W. Douglas,Chairman /Mayor Donald Burk,Vice Chairman Oakland Chapman Dowling Watford, Jr. James H. Knight Other present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works L. Keith Tomey, Fire Chief Larry Mobley, Police Chief J. Mallette Westbrook, Building Official Janice M. Mann, Deputy Clerk AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING OCTOBER 12, 1982 7:00 P.M. I. Invocation and Pledge of Allegiance. II. Approval of the minutes of the regular meeting of September 14, 1982. III. Discussion relative to a proposal for the Humane Society to furnish animal control services to the City of Okeechobee. IV. Introduction of an Ordinance amending the Code of Ordinances to provide system capacity charges for the City Water and Sewer system and the setting of a public hearing for October the 26th. V. Introduction and first reading of an Ordinance proposing to rezone Lots 11 and 12, Block 143 from RG-2 to Commercial for construction of a flower shop and setting of a public hearing for Tuesday, November 23, 1982. (Planning and Zoning Board Recommends approval) VI. Introduction of an Ordinance amending the Ordinance Code of the City of Okeechobee, Florida amending Ordinance 419 to extend the benefits of the city retirement system to all city officials in accordance with the Ordinance Code on Social Security and setting of a public hearing for Tuesda Y,october 26, 1982. VII. Introduction of a resolution exchanging a twelve foot utility easement located between Lots 203 and 204 off Southeast 8th Avenue for a twelve foot utility ease- ment on the south side of Lot 203 and acceptance by the Council of the new ease- ment. VIII. Discussion by the Council relative to drainage problems existing between Southeast 10th Avenue and Southeast 11th Avenue along the Hopkins Meander Line. IX. Receipt of bid tabulations and recommendations relative to the purchase of a new dump truck for the street division and a new 3/4 ton truck for the Sewer Division of the Department of Public Works. X. Discussion and recommendations relative to ingress and egress from the Wee Care Child Center on U.S. 441 at Southeast 6th Street. XI. Mayor to call on anyone in the audience wishing to address the Council. XII. Mayor to call on City Attorney, City Clerk, City Administrator and Councilmen for reports and/or requests. XIII. Adjournment.