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1982-10-26 Administrative Hearing3187 - 82 -60 ADJOURNMENT There being no further business, the meeting adjourned at 6:00 P.M. /� E.ward W. Douglas,D.C. Chairman /Mayor City of Okeechobee ATTEST: 4,1 d _' / , Bonnie S. Thomas,CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY IN THE CITY CLERK'S OFFICE. ADMINISTRATIVE HEARING TUESDAY, OCTOBER 26, 1982 The City of Okeechobee, Florida, held an Administrative Hearing at 6:30 P.M. Tuesday, October 26, 1982, in Council Chambers at City Hall, 55 Southeast Third Avenue, Okeechobee, Florida. City Clerk Bonnie S. Thomas called the hearing to order to receive suggested uses of Seventy Thousand Two Hundred Twenty -Six and 04 /100ths Dollars ($70,226.04) which was left over from Entitlement Thirteen, designated for the Discrimination Suit but not needed. Darrell Ferneau, spokesman for the Recreation Advisory Committee, presented a proposal for a portion of the funds. That a Recreation Trust Fund be established for the purpose of depositing monies for the long term development of Okee- Hache Park as a passive recreation area, ie, canoeing, hiking, picnicking, etc. $5,000.00 or $10,000.00. Presently plans exist for the development of racquet ball courts, tennis courts and other facilities on the property adjacent to the Brahman Theater owned by Okeechobee County. Requesting $10,000.00 to $15,000.00, as seed money to get the project moving. Mr. Ferneau asked that some of the available funds be set aside as a Recreational Trust Fund. A parcel of land is available to be used for a proposed recreational area. Mr. Ferneau noted that monies originally budgeted by the City for recreation were cut, due to the economic situation. Since the funds now available are Federal Funds and not local funds, Mr. Ferneau asked that some of the funds be put in recreation which is greatly needed. Clerk Thomas advised that due to Federal regulations these funds must be spent within twenty -four (24) months of which twelve (12) months has gone by. Therefore, any funds allocated for recreation would have to be used within the next year. ir TY 3188 Citizen Andy Rubin objected to the request for OkeeHache Park which was included in the proposal presented, however, agreed with a recreation area being developed on the property on south 441 next to the Brahman Theater. The OkeeHache Park, Mr. Rubin stated, should be developed into an Industrial Park in the years to come. Darrell Enfinger, also from the Recreation Advisory Committee, informed those present that the plans have been drawn up for more than a year concerning a park at the Brahman Theater site. The plans are for a community type facility with tennis courts, racketball courts and outdoor basketball. The County has not provided funds for the development of this park. Mr. Enfinger added "of course with the site being within the City, I think the County would prefer the City pursue the matter." Administrator Fellows asked Mr. Enfinger, "do you think if the City were interested in it the County would be interested in deeding the property to the City ?" Mr. Enfinger answered, "I can not speak for the Commissioners, but you can certainly approach them. I think they would be interested in anything that would pro- vide the facilities that people are asking for now and we are not able to have because of the lack of funding." Mr. Enfinger added "the County Commissioners are aware of the plans, because I approached them a year ago. And also the School Board, at that time had approved them. When deeding the land to the Coutny, the School Board added a clause that the land must be used for public use." Clerk Thomas asked if there has been any consideration of another pool. Mr. Enfinger noted the plans also provide for a swimming pool. However, the County is working towards obtaining property across from the Junior High School for a pool, which would enable the schools to incorporate swimming in their physical eduation program. Andy Rubin asked that if the requested portion is allocated for recreation, the remaining funds be used for paving. ADJOURNMENT There being no further requests for the Federal Revenue Sharing Funds, the Administrative Hearing adjourned at 6:55 P,M. ATTEST: l :14 ‘ ..i!/ /1 ! (;14. Bonnie S. homas, CMC City Clerk City of Okeechobee Edward W. Douglas, Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THE MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE. 3189 3 - _ - 82 -1 82 -35 REGULAR MEETING TUESDAY, OCTOBER 26, 1982 The City Council of the City of Okeechobee, Florida, met in Regular Session at 7:00 P.M., Tuesday, October 26, 1982, in the City Council Chambers, 55 South- east 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, Vice Chairman Dowling Watford, Jr. Oakland Chapman James H. Knight Others 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 James Broome, Consulting Engineer L. Keith Tomey, Fire Chief Janice M. Mann, Deputy Clerk AGENDA ITEM #I - INVOCATION AND PLEDGE The Invocation was offered by Councilman Oakland Chapman followed by the Pledge of Allegiance. AGENDA ITEM #II - APPROVAL OF MINUTES Councilman Watford moved to amend the minutes of September 20, 1982, by deleting Section 2 in both the Water & Sewer and General Fund Budget ordinances, which was included in error, seconded by Councilman Burk. Motion carried. Councilman Burk moved to approve the minutes of September 20, 1982, as corrected and the minutes of September 28, 1982, as presented, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #III - PLANNING BOARD VACANCY Chairman Douglas asked for discussion and action by the Council to appoint a member to the City Planning and Zoning Board replacing Darrell Ferneau whose term expires March 31, 1983. Council discussed briefly the application submitted. Councilman Chapman moved that Brenda Trent Mason be appointed to the Planning Board replacing Darrell Ferneau, seconded by Councilman Knight. Andy Rubin asked for clarification on the length of term to be served. Chairman Douglas noted the new member will finish out the term ending March 31, 1983. Chairman Douglas called for a vote on the motion to appoint Brenda Mason to the Planning Board. Vote on motion carried. i T I 1 ' IT if 3190 82 -81 82 -76 AGENDA ITEM #IV - MAYOR'S PROCLAMATION Chairman /Mayor Douglas read for the record the Mayor's Proclamation calling for an election on December 7, 1982. The proclamation read as follows: PROCLAMATION NOTICE OF GENERAL CITY ELECTIONS CITY OF OKEECHOBEE, FLORIDA DECEMBER 7, 1982 WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, Florida, it is the duty of the Mayor to proclaim and call General City Elections at the time and the manner provided by said City Charter. NOW, THEREFORE, I, EDWARD W. DOUGLAS, MAYOR OF THE City of Okeechobee, Florida, do hereby PROCLAIM AND DECLARE THAT A GENERAL CITY ELECTION by the duly qualified electors of the City of Okeechobee, Florida, be held at the City Hall, 55 Southeast Third Avenue, (Fire Station Bay) in said City, during the regular hours of voting, to -wit: from 7:00 o'clock A.M. until 7:00 P.M., Tuesday, December 7, 1982, for the purpose of electing the following officers to serve as such for four(4) years beg- inning January 1, 1983, and ending December 31, 1986, following such election and until their successors are elected and qualified: THREE COUNCILMEN CITY CLERK IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed hereto, and the same attested by the City Clerk, this 26th day of October, 1982. AGENDA ITEM #V - FINAL HEARING - ORDINANCE - SYSTEM CAPACITY CHARGES Chairman Douglas presented for second and final hearing an ordinance amending the Code of Ordinances to provide System Capacity charges for the City Water and Sewer System. Councilman Burk moved that the ordinance be read by title only, seconded by Councilman Chapman. Motion carried. The title was read as follows: AN ORDINANCE AMENDING THE CODE OP ORDINANCES OF THE CITY OF OKEE- CHOBEE, 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 CAPACITY 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. 3191 82 -5 82 -74 Chairman Douglas called for comments or objections in regard to the proposed ordinance. Citizen Andy Rubin asked that the City residents be relieved of the increase in charges and only increase County rates. Councilman Burk moved that the ordinance be adopted as presented, seconded by Councilman Chapman. Councilman Watford asked if this was a standard practice of System Capacity charge in most cities; if the charges were similar to those of other cities; and that this was justified in that we need this capacity charge to maintain the equipment and pro- vide for expansion of the water system? Director Fortner stated yes to all points. Administrator Fellows noted a typographical error on the second page of the ordinance, the two inch (2 ") water meter charge should be Five Thousand Two Hundred Fifty Dollars ($5,250.00) not Five Thousand Two Hundred and 50 /100ths Dollars ($5,200.50). Chairman Douglas called for a vote on the motion to adopt the ordinance. Motion carried. AGENDA ITEM #VI - FINAL HEARING - ORDINANCE AMENDING ORDINANCE 419 - SOCIAL SECURITY BENEFITS for second and final hearing an ordinance amending the benefits of the city retirement system to all city with the Ordinance Code on Social Security. that the ordinance be read by title only, seconded by carried. Council to disregard Item "I" on the proposed ordinance left out of the title, consequently it must be addressed as follows: AMENDING ORDINANCE 419 OF THE CITY OF OKEECHOBEE, ORDINANCE PROVIDING FOR THE RETIREMENT OF EMPLOYEES OF OKEECHOBEE; AMENDING SECTION 1, SUB - PARAGRAPH G GENERAL EMPLOYEES; AMENDING SECTION 1, SUB - PARAGRAPH MEMBER AND; AMENDING SECTION 1, SUB - PARAGRAPH J TO PROVIDING AN EFFECTIVE DATE. to amend the ordinance by deleting Section I, which was adopt the ordinance as amended, seconded by Councilman HEARING - REZONING REQUEST - MOSE JOINER Chairman Douglas presented Ordinance 419 to extend officials in accordance Councilman Burk moved Councilman Knight. Motion Attorney Conlon advised because it was inadvertently separately. The title was read AN ORDINANCE FLORIDA; SAID FOR THE CITY TO REDEFINE H TO REDEFINE REDEFINE EARNINGS; Councilman Knight moved left out of the title, and Burk. Vote on motion carried. AGENDA ITEM #VII - FINAL Chairman Douglas presented for second and final hearing an ordinance proposing to rezone Lots 1 and 2, Block 163, located at the intersection of Northwest Ninth Avenue and Second Street, from RG -2 to Commercial for the purpose of constructing several retail stores. Councilman Knight moved that the ordinance be read by title only, seconded by Councilman Burk. motion carried. I If TI 3192 82 -13 The title was 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 ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL - 2 TO COMMERCIAL. Chariman Douglas called for comments or objections from those present in the audience, in regard to the rezoning request. Citizen Jerry Anderson, representing his sister, adjoining property owner, asked with several retail stores being built, will there be ample parking facilities. Mose Joiner, person requesting the rezoning, stated that only three stores will be built. The plans and parking meet all the Zoning Ordinance requirements, and have been approved by the Planning Board. Citizen Carolyn Waterson, representing her mother -in -law, Mrs. Elsie Waterson, objected to the proposed construction noting the current traffic problem on Ninth Avenue. There are numerous small children in the area. The stores will only create more of a problem. Mr. Joiner presented the plans for the proposed construction. Council reviewed said plans. Joiner noted minor changes to be made 1) an additional catch basin, 2) a chain link fence across the back, and 3) the ceiling will go from eight foot (8') to ten foot (10'). Councilman Watford asked what type of stores did he (Mr. Joiner) anticipate these being. Mr. Joiner stated a rope and leather company, a tuxedo shop and a bridle shop consequently he felt the traffic will be light. Andy Rubin voiced objections to the rezoning. Following brief discussion, Councilman Burk moved to accept the recommendation of the Planning Board and approve the rezoning request, seconded by Councilman Knight. For clarification, Councilman Watford asked if the parking, set back requirements, etc., will be met prior to issuing the necessary permits. Councilman Chapman noted that was standard procedure. Councilman Watford asked how long Mr. Joiner had owned the property. Mr. Joiner advised he has owned it eight (8) or nine (9) years. With no further discussion, Chairman Douglas called for a vote on the motion approving the zoning change. Motion carried. AGENDA ITEM ¥VIII - UNITED TELEPHONE FRANCHISE Chairman Douglas called for discussion and possible action by the Council on a proposal of United Telephone Company (UTS) to change the wording of the Franchise Agreement between the City and United Telephone Company relative to service charges and underground facilities. 3193 3 82 -82 82 -39 Administrator Fellows summarized UTS's position relative to Part II of the ordinance "when they are to place new services underground ". UTS has asked that they not be held to placing all new facilities underground, but only in those instances when the placement of the facilities underground can not be economically justified or would create an economic burden on the citizens of Okeechobee. In regard to annual local service revenues, Fellows stated UTS feels the word "recurring" must be inserted, because the word recurring will eliminate them paying a franchise fee under installation charges, which do not normally fall within a franchise agreement. Fellows noted he had checked with the Public Service Commission and found this to be true. Council discussed the two UTS proposals at length. A few points mentioned were requiring underground service, requiring permits from all the utilities for the use of right -of -ways. Administrator Fellows suggested the franchise be worded to say "Grantee agrees to install all new services in the City of Okeechobee underground after August 1, 1982, and in those instances where it is felt placement of underground facilities can not be economically justified, they will approach the City Council." Councilman Burk stated that for the future growth of Okeechobee, the Council should require all new services be installed underground. Regarding permits, Administrator Fellows suggested the Council include in the Franchise Agreement a specific requirement that they CUTS) obtain the necessary permits before they commence any construction. Council discussed the pros and cons of that possibility. Councilman Watford moved to accept the insertion of the word "recurring" in the franchise agreement and leave the paragraph pertaining to "underground services" as is, seconded by Councilman Burk. Motion carried. AGENDA ITEM #IX - PENSION BOARD VACANCIES Chairman Douglas advised Council of the need for naming of replacements to fill vacancies on the General Employees Pension Board and the Fire Employees Pension Board with terms to expire December 31, 1983. Councilman Burk agreed with the recommendation of the staff to appoint Marsha Montesi and Roger Jones to the Pension Boards. Council agreed unanimously. AGENDA ITEM #X - 1980 DODGE PATROL CAR - SURPLUS PROPERTY Chairman Douglas asked for action by Council to authorize the disposal of one 1980 Dodge St. Regis police car as surplus property. Councilman Burk asked if any other department was in need of a vehicle. Adminis- trator Fellows advised there were none. Councilman Watford moved that the 1980 Dodge be declared as surplus property and disposed of by bid, seconded by Councilman Knight. Motion carried. 3194 82 -83 82 -5 82 -81 AGENDA ITEM #XI - COMPETENCY BOARD VACANCY Chairman Douglas advised council of the need to name a replacement on the Competency Board for Cary Baggett. Councilman Burk moved that Chris Newman replace Cary Baggett on the Competency Board, as recommended by staff, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XII - MAYOR TO CALL ON AUDIENCE Chairman /Mayor Douglas called on anyone in the audience wishing to address the Council. Concerning the newly approved rezoning, Andy Rubin asked Council to consider placing a caution light on the intersection of Northwest Ninth Avenue and Second Street. Andy Rubin commended the Council for its action on the UTS francise, this evening AGENDA ITEM #XIII - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR, AND COUNCILMEN FOR REPORTS AND /OR REQUESTS Attorney Conlon presented the proposed ordinance correcting the inadvertent deletion of Section I of the ordinance adopted earlier. Councilman Burk moved that the ordinance be read by title only, seconded by Councilman Knight. Motion carried. 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 - PARAGRAPH I TO REDEFINE CONTINUOUS SERVICE; PROVIDING AN EFFECTIVE DATE. Councilman Knight moved to set the proposed ordinance for second and final hearing on November 9, 1982, and so advertise, seconded by Councilman Watford. Motion carried. Clerk Thomas presented the Water & Sewer Fund, General Fund and Federal Revenue Sharing Warrant Registers for Council's approval. Administrator Fellows asked for Council's input concerning a memorandum regarding possible reforms in the City Election laws. If Council so desires, authorization is needed to introduce an ordinance onNovember 9th, have a public hearing on November 23rd, then have the Referendum on December 7th. Fellows advised the referendum would address setting the City up into four districts of equal population. For a person to qualify for a seat on the Council they would have to reside in the district; also the Council seats would be numbered. This would eliminate a member of the Council being able to take a seat without a majority vote. Council discussed the problems that could arise with the establishment of districts. Consensus being numbering seats is alright, districts is not. Councilman Knight asked that a study be made to determine whether owners of commercial establishments within the City, but live in the County, could be allowed to vote in the City elections. Following discussion, the Council instructed Attorney Conlon and Administrator Fellows to prepare different alternatives, check with cities of like sizes to see how they handled the situation, research the voting rights of City businessmen, and report back at the next meeting on November 9th. 3195 3 82 -34 82 -12 Administrator Fellows advised the Council of Florida Statutes regarding Disabled veterans and occupational license fees. Statutes read "any veteran who is physically disabled from performing manual labor," that would disqualify any Disabled Veteran (DAV) who was capable of performing manual labor. Council discussed the matter briefly, and agreed the Disabled Vets should receive some form of exemption. Council authorized Administrator Fellows to draft an ordinance regarding this. Ordinance to include the requirement that the disability be substantiated. Councilman Burk moved that the September 30, 1982, Water & Sewer Warrant Register in the amount of Thirty -Eight Thousand Five Hundred Forty -Seven and 67 /lOOths Dollars ($38,547.67); the General Fund Warrant Register in the amount of Seventy -Seven Thousand Three Hundred Fifty -Eight and 34 /100ths Dollars ($77,358.34) and the Federal Revenue Sharing Warrant Register in the amount of Five Thousand Six Hundred Eighty -Nine and 79/100ths Dollars ($5,689.79) be approved, seconded by Councilman Chapman. Motion carried. Councilman Burk informed the Council that a gentleman named Mr. Turner, super- intendent at Glades Correctional Institute, contacted him and asked for permission to appear before the Council to present possible solutions to the City's on -going water and sewer problems. Councilman Burk suggested Mr. Turner meet with Director Fortner during the day to survey the situation, then meet with the Council. Council agreed. Councilman Burk stated he would instruct Mr. Turner to contact Administrator Fellows and set up an appointment. Councilman Watford noted that the Central Florida Regional Planning Council will meet in regular session tomorrow. Regarding the "Employee of the Year ", Councilman Watford suggested the savings bond be purchased by the Council. Council agreed. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 P.M. ATTEST: onnie S. Thomas, City Clerk City of Okeechobee Edward W. Douglas, Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING OCTOBER 26, 1982 7:00 P.M. I. Invocation and Pledge of Allegiance. II. Approval of the minutes of the Special Meeting of September 20, 1982-and the minutes of the regular meeting of September 28, 1982. Action by the Council to appoint a member to the Okeechobee City Planning and Zoning Board replacing Darrell Ferneau whose term expires March 31, 1983. IV. Mayor's Proclamation calling an election for December 7, 1982 for filling three seats on the City Council and for the election of the City Clerk. V. Public hearing and final reading of an ordinance amending the Code of Ordinances to provide System Capacity charges for the city Water and Sewer System. VI. Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Okeechobee, Florida; amending Ordinance 419 to extend the benefit of the city retirment system to all city officials in accordance with the Ordinance Code on Social Security. VII. Public hearing and final reading of an Ordinance proposing to rezone Lots 1 and 2, Block 163 located at the intersection of Northwest 9th Avenue and Second Street, for the purpose of constructing several retail stores. (Planning and Zoning Board Recommends approval) VIII. Action by the Council on a proposal of United Telephone Company to change the wording of the Franchise Agreement between the city and United Telephone Compan relative to service charges and underground facilities. IX. Naming of replacements to fill vacancies on the General Employees Pension Board and the Firefighters Pension Board with terms to expire December 31, 1983. X. Action by the Council to authorize the disposal of one 1980 Dodge St. Regis Police Car as surplus property. XI. Action by the Council to name a replacement on the Competency Board for Cary Baggett. XII. Mayor to call on anyone in audience wishing to address the Council. XIII. Mayor to call on City Attorney, City Clerk, City Administrator and members of the Council for reports and/or requests. XIV. Adjournment.