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1982-10-09 Regular Meeting 3199 ATTEST: B~'nie S. ~homas,-CMC ~ City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE. REGULAR MEETING TUESDAY, NOVEMBER 9, 1982 The City Council of the City of Okeechobee, Florida met in Regular Session at 7:00 P.M., Tuesday, November 9, 1982, in the City Council Chambers at 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, 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 James Broome, Consulting Engineer David M. Conlon, City Attorney L. Keith Tomey, Fire Chief Janice M. Mann, Deputy Clerk AGENDA ITEM #I - INVOCATION AND PLEDGE The Invocation was offered by Councilman Burk followed by the Pledge of Allegiance. 82-1 AGENDA ITEM #II - APPROVAL OF MINUTES The minutes of the meetings of October 12th, October 20th, October 26th and November 3rd, 1982, were presented for approval. Councilman Watford moved that the minutes be approved as presented, seconded by Councilman Burk. Motion carried. AGENDA ITEM #III - PROPOSED ELECTION BOARD 82-83 City Clerk Bonnie Thomas presented the proposed Election Board for Council's approval, as follows: Clerk - Doris Carden Inspectors - June N. Boromei Yvonne Prevatt Violet B. Briney __~ Pat Dillard Myrna Davis Alternate - Ruth Jeffers Deputy - Elzie Prevatt Machines transported and set up - Tony Ard 3200 Councilman Burk moved that the proposed Election Board be accepted as presented, seconded by Councilman Chapman. Brief discussion by Council on the charges. Total~cost of the Election Board and setting up of the machines being Six Hundred Twenty-Five Dollars ($625.00). Chairman Douglas called for a vote. Motion to accept the Election Board carried. 82-34 AGENDA ITEM #IV - FIRST READING - OCCUPATIONAL LICENSE EXEMPTION FOR DISABLED VETERANS Chairman Douglas presented for introduction and first reading an ordinance amending the Occupational License Ordinance to clarify exemptions for Disabled Veterans. Councilman Knight 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 ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING CHAPTER 10, ARTICLE I SECTION 10-3 TO CLARIFY EXEMPTIONS FOR DISABLED VETERANS; PROVIDING AN EFFECTIVE DATE. Councilman Knight moved to set a second and final hearing for November 23, 1982, and so advertise, seconded by Councilman Burk. Motion carried. 82-84 AGENDA ITEM #V - BIDS - PETROLEUM PRODUCTS Chairman Douglas presented the bid tabulations for petroleum products for the next twelve months, as follows: Gilbert Oil Co. Okeechobee, Florida $51,778.06 _.. Lake Petroleum Okeechobee, Florida $52,139.90 Hart & Sons Winter Haven, Florida $50,919.20 Chairman Douglas opened the floor for discussion. Council discussed the benefits of retaining a local company. Councilman Chapman moved to accept the bid of Gilbert Oil Co. in the amount of Fifty-One Thousand Seven Hundred Seventy-Eight and 06/lOOths Dollars ($51,778.06), seconded by Councilman Burk. Motion carried. 82-60 AGENDA ITEM #VI - EXCESS FEDERAL REVENUE FUNDS Clerk Thomas summarized the requests received at the Administrative hearing held October 26, 1982, for possible uses of the Seventy Thousand Two Hudnred Twenty-Six and 04/lOOths Dollars ($70,225.04) Federal Revenue Funds left over from Entitlement 13. The funds had been allocated for the discrimination suit settlement but not needed. The proposed uses were as follows: Road Paving $40,000.00 Recreation Trust Fund $20,000.00 R.G. Orman & Associates $ 1,500.00 Contribution to City Retirement Fund $ 3,805.00 Contingency $ 4,921.00 Council discussed street paving, the completion of the discrimination suit 3201 requirements (Dean's Court sidewalks), landscaping the Parks and road medians, and the development of a Recreation Park. Councilman Burk commented that street paving, sewer problems, etc., were a higher priority than a recreation facility. Councilman Watford noted that citizens have approached him and are requesting recreation facilities. Councilman Watford stated that any effort by the City would strengthen our relationship with the County. At least Ten Thousand Dollars ($10,000.00) should be set aside for recreation; either on the Brahman Theater property or the area next to the public swimming pool. Councilman Knight noted that the County Recreation Director Darrell Enfinger has had plans drawn up for over two (2) years to develop the Brahman Theater site. Knight stated he would like to see the funds designated for that specifically, and the project developed at one time. Also, some type of agreement should be drafted stating the City will contribute and the County will maintain the facilities upon completion. Chairman Douglas expressed reservations concerning the allocation of the funds without receiving input from the County Commissioners. Douglas did not want the monies "tied up" for a year if the County was not going to pursue the development of the recreation facility. Following further discussion on the possible uses, Councilman Knight moved that Twenty Thousand Dollars ($20,000.00) be held in reserve for the development of the recreation park pending County participation, seconded by Councilman Watford. Councilmen Chapman, Knight, Watford and Douglas voted yes. Councilman Burk opposed. Motion carried. Councilman Chapman moved that Forty Thousand Dollars ($40,000.00) be allocated for paving and road constructi6n, seconded by Councilman Knight. Councilman Burk suggested that the balance of funds be allocated for paving. Councilman Watford asked that the Four Thousand Nine Hundred Dollars ($4,900.00) designated for contingency be used instead for landscaping of the parks. No further comments, Chairman Douglas called for a vote on the motion to allocate Forty Thousand Dollars ($40,000.00) for street paving, Motion carried. Councilman Watford moved to allocate One Thousand Five Hundred Dollars ($1,500.00) for R.G. Orman & Associates; Three Thousand Eight Hundred Five Dollars ($3,805.00) for the City retirement plan; and Four Thousand Nine Hundred Twenty-One Dollars ($4,921.00) for the Parks, seconde~ by Councilman Chapman. Motion carried. AGENDA ITeM ~VII - BIDS - STREET PAVING 82-71 Chairman Douglas presented the bid tabulations relative to the paving of additional streets within the City, as follows: Dickerson, Inc. Stuart, Florida $85,834.26 3202 Ft. Pierce Contracting Ft. Pierce, Florida $84,350.80 Rock-A-Way Okeechobee, Florida $81,979.68 --' Weekly Asphalt Hallandale, Florida $77,924.40 Coburn Paving Okeechobee, Florida $70,703.20 Highway Pavers Lake Placid, Florida $59,283.06 Council discussed the bids and the possibility of the County contracting to do the jobs. Administrator Fellows noted that County Road Superintendent Milton Rhoden stated the County could do the work for Seven or Eight Dollars ($7-8.00) a square foot. Administrator Fellows continued, "our only problem with the County would be that when the City decides it is going to let a contract for paving we would like to get it done. We need to have some understanding with the County that if we contracted with them we would expect the same expeditious service that we would receive from a commercial contractor." Director Fortner noted, "under these specifications we are requiring the contractor to grade and remove seven inches (7") of existing shell, etc. and put in new; six and one- half inches (6½") shell and quarter inch (¼") asphalt. The County, in the past, has always just added shell to what is there already, raised the level of the road and created additional problems. Also, they (the County) use a different type of asphalt (a lesser grade), consequently the difference in price." Council discussed the possibility of the City doing the base work and the County doing the paving. Administrator Fellows pointed out that, "if we do part of the work, the County does part of the work, and something is not right, it will be difficult to pin-point the responsibility. I think we ought to either contract it out or contract the whole thing to the County."' Councilman Knight moved to accept the low bid of Fifty-Nine Thousand Two Hundred Eighty-Three and 06/100tbs Dollars ($59,283.06) from Highway Pavers of Lake Placid, Florida, seconded by Councilman Chapman. Councilman Watford asked if the City was going to investigate the situation with the County. No decision was made. Chairman Douglas called for a vote. Councilmen Knight, Chapman and Burk voted yes, Councilman Watford voted no. Motion carried. Director Fortner asked for Council input concerning the Dossibility of Daving the aprons, drive-ways, etc., to the property lines and setting a City policy. Council discussed several alternatives, the pros and cons and the need to protect the street paving. Council agreed unanimously to pave a two foot (2') apron on drive-ways to protect paved roads for both residential and commercial. 3203 AGENDA ITEM #VIII - FINAL HEARING - ORDINANCE AMENDING ORDINANCE 419 - · 82-5 SOCIAL SECURITY BENEFITS Chairman Douglas presented for second and final hearing, an ordinance amending the General employees Pension Plan to clarify the definition of continuous service. Councilman Watford moved to read the ordinance by title onlY, seconded by Councilman Knight. Motion carried. The title was read 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. No comments or objections voiced by citizens present. Councilman Watford moved to adopt the ordinance, seconded by Councilman Chapman. Motion carried. 82-39 AGENDA ITEM #IX - BIDS - SURPLUS PATROL CAR , Chairman Douglas presented the bid tabulations and recommendation relative to a surplus police car. Bids were the following: Jim's Parts Place $558.00 Glen Bohn $351.00 Lin's Auto Salvage $751.00 Recommendation of Police Chief Larry Mobley that the Council accept the bid from Lin's Auto Salvage. Councilman Chapman moved to accept the highest bid from Lin's Auto Salvage in the amount of Seven Hundred Fifty-One Dollars ($751.00), seconded by Councilman Burk. Motion carried. AGENDA ITEM #X - MAYOR TO CALL ON AUDIENCE Chairman/Mayor Douglas called on persons in the audience wishing to address the Council. Citizen Andy Rubin commented on the Ordinance regarding Disabled Veterans and reminded those present of the up-coming ceremony to be held in the Park on Veterans Day. Rubin commended the Council for the additional funds allocated for paving out of the Federal Revenue Funds. - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR, AND AGENDA ITEM #XI COUNCILMEN FOR REPORTS AND/OR RE©UESTS 82-81 Administrator Fellows reported on whether any provisions could be made to allow property owners in the City, who do not reside in the City, to vote in City elections. Florida League of Cities advised Fellows that, "many Charters, at one time, provided that Bond elections could only be voted on by property owners. The Supreme Court ruled that that was unconstitutional. Therefore, in the opinion of Claude Mullis, Florida League of Cities, the reverse, is true; that if you have property owners in the City who / 3204 do not reside in the City, the Charter can be changed by referendum to provide that availability of an election for those people." Council discussed the possibility of putting such a referendum on this year's election ballot. Questions were raised regarding the legal time frameallowed. Attorney Conlon and Administrator Fellows were instructed to research the time- frame needed to possibly get this issue placed on this year's ballot. A special meeting could be called if needed. Regarding the possibility of Districts and/or numbering the Council seats for election, Administrator Fellows advised that, in his opinion, the City of Okeechobee was too small to be divided into Districts. The seats, however, could be numbered that way a candidate would have to identify the seat he or she was running for, thus creating the possibility of a run-off and additional expense. Council discussed the advantages and disadvantages of numbered seats. Councilman Watford suggested the seats be numbered but the top vote getter being elected for each seat. Council to consider the alternatives further. Administrative Fellows reminded those present of the City Employee picnic to be held at the Civic Center on Saturday, November 13th. 82-85 As noted in the Status report, Administrator Fellows informed the Council of the request of the Fire Chief to have the Council approve a change in his administrative rules relative to grqoming. Fellows noted, "there has been a Supreme Court ruling that Fire Departments can provide rules and regulations relative to grooming. This has led many departments to set rules and regulations relative to beards because of the alledged safety factor with air breathing apparatus (ie: masks will not fit properly over facial hair, therefore, gases and smoke can be inhaled through the sides of the mask)." Administrator Fellows stated the Fire Department wishes to implement rules' and regulations addressing this matter. Fire Chief Tomey noted the Police Department presently has the same guidelines in their handbook adopted by the Council. Council discussed at length the issue receiving input from Fire Chief Tomey and the volunteer firemen present. Council concluded that the paid firemen could be regulated on grooming and safety standards, however, they questioned the legality of including volunteers. Chief Tomey expressed the need to maintain the unity between the paid men and the volunteers, noting separate grooming standards could cause discord in the department. Councilman Burk agreed that grooming standards should be kept within the limits of safety. Councilman Watford agreed with the safety aspect. However, even though the Council may have the authority to set standards, Watford felt they did not need to. "If it got to the point where a volunteer refused to put on a mask because it was unsafe ! '"1 Ill I 3205 because of his beard, then, by not doing a required job, he should no longer be a member of the department." Chief Tomey asked for action by the Council. The Council decided to give the issue further consideration before arriving at a eonelusion. 82-48 Director Fortner elaborated on a memorandum regarding the alternatives to achieve the DER requirements and remove the discharge into Taylor Creek. Considering all factors, Fortner reported, the minimum cost per connection will be sixteen dollars ($16.00). Farmers Home has offered the City a Million Dollar ($1,000,000.00) grant, provided the City borrow additional funds from them and from the bond market. Approximately Two Hundred Fifty Thousand Dollars ($250,000.00) possibly can be saved by building the new six hundred thousand (600,000) gallon sewage treatment plant on the City's one hundred fifty (150) acre parcel and then utilize the balance of the monies available to complete as much of the residential lateral sewer program as possible. Council discussed at length; the Boy's School site as opposed to the City's parcel and the effect a large sewer bill will have on City residents. Director Fortner noted that inasmuch the City will be constructing most of the planned 201 Facility under this program, the Council may want to approach the County Commissioners for their promised allocation of approximately One Hundred Ninety-Three Thousand Dollars ($193,000.00), or Council may want to limit the sewer to the City limits. Director Fortner advised that if the City is going to apply, the Engineer must make a supplement ~ngineering report showing the areas the City is planning to serve, how the City is going to accomplish the treatment of it, etc., the total plan, by November 15th. After lengthy discussion concerning the proposed alternatives, it was the concensus of the Council to proceed with the Boy's School site and seek the possibility of additional funds up to Two Hundred Fifty Thousand Dollars ($250,000.00). Council discussed the recommended areas for sewer hook-ups, and approved them as presented. Director Fortner asked if Council wished to approach the County for their funds, which, in essence, would set aside a certain volume to be allocated for County connections. Councilman Knight suggested possibly if the County and City each apply for a grant more funds will be allocated. Administrator Fellows noted if the County is approached then there is no incentive for someone adjacent to the City limits to annex. Council discussed the pros and cons of limiting sewer hook-ups to City residents only (requiring annexation before hook-up or having a person agree to be annexed if and when the City limit boundaries reached them). Council deemed it necessary that further study was~needed prior to making any decision. 3206 Administrator Fellows noted the up-coming Veterans Day holiday and the Thanks- giving holiday for City employees. Council discussed the possibility of the employees being off both Veterans Day and the day after Thanksgiving. Following discussion, Council agreed for the employees to choose to have either Veterans Day off or the day after Thanksgiving. Councilman Chapman asked for a progress report on the problem concerning the 82-79 Hopkins Meander line. Administrator Fellows advised that the only response so far has been from Gordon Leggett and he has tentatively agreed to give twenty feet (20') on his side. AGENDA ITEM #XII - ADJOURNMENT There being no further business, the meeting adjourned at 10:30 P.M. Edward W. Doug~as,-~.C. Chairman/Mayor City of Okeechobee ATTEST: City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE. REGULAR MEETING TUESDAY,NOVEMBER 23, 1982 The City Council of the City of Okeechobee, Florida, met in regular session at 7:00 P.M., Tuesday, November 23, 1982, in the City Council Chambers at 55 Southeast Third Avenue, Okeechobee, Florida. Chairman/Mayor Edward W. Douglas called the meeting to order with the following Coucilmen 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 Janice M. Mann, Depty Clerk .-~ ] I III I! '