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1983-01-11 Regular Meeting3229 3 83 -1 83 -1 83 -1 83 -2 REGULAR MEETING TUESDAY, JANUARY 11, 1983 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman /Mayor Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman /Mayor James H. Knight Dowling Watford, Jr. Oakland Chapman Oscar Thomas 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 Larry Mobley, Police Chief L. Keith Tomey, Fire Chief David M. Conlon, City Attorney Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The Invocation was offered by Councilman Oakland Chapman followed by the Pledge of Allegiance. AGENDA ITEM #IV - OATH OF OFFICE FOR COUNCILMEN AND CITY CLERK The Honorable William L. Hendry, County Judge for Okeechobee County, was present to administer the Oath of Office to the newly elected Councilmen and City Clerk. Judge Hendry commented on the progress of the City and the improvements that have been made. He elaborated on the up- coming duties of the new Council members and Clerk and urged them to work together for the betterment of the City of Okeechobee. Judge Hendry then swore in the new members and congratulated each individually. OFFICE OF THE MAYOR Chairman /Mayor Douglas noted that his term of office as Mayor had expired. According to City Ordinance a new Mayor must be appointed by the Council. Councilman Watford moved that the Chairman /Mayor be appointed every two (2) years and that for the next two year term it be Edward W. Douglas, seconded by Councilman Knight. Motion carried. VICE CHAIRMAN Councilman Watford moved that Councilman Jim Knight be appointed as Vice Chairman for two (2) years, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #V - APPROVAL OF MINUTES With no corrections, additions or deletions needed, Councilman Knight moved to approve the minutes of the December 7th regular meeting and the December 15th special meeting as presented, seconded by Councilman Watford. Motion carried. T 13! 3230 83 -3 83 -4 83 -5 83 -6 83 -7 AGENDA ITEMS 1VI - #IX - PROPOSED ORDINANCES Chairman Douglas introduced four (4) ordinances for first hearing 1) an ordinance requiring mandatory connection with the city's public sewer system at such time as sewer becomes available within one hundred feet (100') of improved property; 2) an ordinance consolidating the permit fees for single wide and double wide mobile homes; 3) an ordinance amending the zoning ordinance to allow licensed group home facilities in RG -2 zoning districts by special exception and providing a definition for group homes; and 4) an ordinance amending the district regulations for Commercial- Professional- Office Districts (CPO) to allow residential uses as a special exception when approved by the Board of Adjustments. Councilman Knight moved that the ordinances be read by title only, seconded by Councilman Chapman. Motion carried. Chairman Douglas read the titles as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE III, SECTION 18 -41 TO PROVIDE MANDATORY CONNECTION TO THE CITY'S PUBLIC SEWER SYSTEM; PROVIDING A GRACE PERIOD; PROVIDING AN EFFECTIVE DATE. Second public hearing on January 25th. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER V, ARTICLE I TO ADD A NEW SECTION 5 -6 PROVIDING FEES FOR MOBILE HOME SET UPS; PROVIDING AN EFFECTIVE DATE. Second public hearing on January 25th. AN ORDINANCE TO AMEND APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE DISTRICT REGULATIONS TO ALLOW GROUP HOUSING BY A SPECIAL EXCEPTION IN RESIDENTIAL GENERAL (RG -2) DISTRICTS; AMENDING SECTION 22, DEFINITIONS TO PROVIDE A DEFINI- TION FOR GROUP HOME FACILITIES; PROVIDING AN EFFECTIVE DATE. Second public hearing on February 22nd. AN ORDINANCE AMENDING APPENDIX A IN THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE; AMENDING THE SCHEDULE OF DISTRICT REGULATIONS TO PROVIDE FOR RESIDENTIAL USE BY SEPCIAL EXCEPTION IN CPO /COMMERCIAL- PROFESSIONAL - OFFICE DISTRICTS; PROVIDING AN EFFECTIVE DATE. Second public hearing on February 22nd. Councilman Chapman moved that the second and final hearings be set respectively and so advertise, seconded by Councilman Watford. Citizen Andy Rubin commented on the proposed ordinances and asked for copies of each. City Clerk is to provide the copies. Chairman Douglas called for a vote on the motion setting the public hearings. Motion carried. AGENDA ITEM #X - PENSION BOARD TRUSTEES Chairman Douglas advised that appointments to the Board of Trustees of the various pension funds was in order for terms beginning January 1, 1983, and extending through December 31, 1984. Charles Elders and Councilman Jim Knight are the current members of the Board of Trustees on the General Employees Pension Fund; on the Police Pension Fund, 3231 3 83 -8 83 -9 are Jerry O'Bannon, Loan Officer at Sun Bank and Chief Larry Mobley; on the Fire Pension Fund is Fireman Ronald Suit. All are recommended for re- appointment. Councilman Chapman moved for all Pension Board members to be re- appointed as named, seconded by Councimlan Watford. Motion carried. AGENDA ITEM IJXI - REQUEST FOR STREET CLOSING - SOUTHEAST EIGHTH DRIVE Chairman Douglas brought up for consideration and discussion a request for closing of Southeast Eighth Drive in Okeechobee Estates. Administrator Fellwos explained that Highway Pavers plan to begin the paving of a number of city streets which were let out on bids dureing the latter part of November. One of the streets being paved is Southeast Eighth Street. Running north off of South- east Eighth Street is a very short street now known as Southeast Eighth Drive which the lone property owner wishes to have paved. It has been determined that for an additional cost of Two Thousand Five Hundred Dollars ($2,500.00) that segment can be paved while Highway Pavers equipment is in the area. Fellows advised Council may wish to consider closing the street retaining the necessary driveway and utility /drainage easements. The owner of all the additional property, J.D. Cassels, has indicated by letter a desire for the City to close the street. Councilman Chapman felt the fact that there was only one residence on the street should not be a factor when considering paving. Council discussed the issue; closing as opposed to vacating the street. Council agreed to leave the street open. Council discussed briefly the cost savings to the City if the street was paved while Highway Pavers' equipment was in the vicinity. Councilman Chapman moved to authorize the expenditure and pave Southeast Eighth Drive while the paving equipment is in the area, seconded by Councilman Knight. Following brief discussion, Chairman Douglas called for a vote on the motion. Councilmen Chapman, Knight and Thomas voted yes. Councilman Watford opposed. Motion carried. AGENDA ITEM #XII - CITY HALL EXPANSION Chairman Douglas opened the floor for further discussion on the proposal for expanding and enlarging City Hall complex. Council discussed various options. Councilman Knight noted the possibility of the Building Department being consolidated with the County, thus eliminiating the need to provide office space for that department. Attorney Conlon advised that the City's Charter, Ordinances, Planning Board, and Code Enforcement Board require the City to have a Building Official, therefore, consolidating with the County could pose legal problems. Council discussed the second story addition over the Fire Station with three bays being the most economical alternative. Administrator Fellows noted the half -cent (z¢) 3232 83 -10 83 -11 83 -12 sales tax could be pledged for repayment of the loan. Councilman Watford moved to accept alternate #1 plus three bays and alternate #6 (in essence alternate #4 and #7), unfinished, seconded by Councilman Chapman. Councilman Thomas asked for a brief up -date before casting a vote. Chairman Douglas advised Councilman Thomas then called for a vote. Councilmen Chapman, Watford, Thomas and Douglas voted yes. Councilman Knight opposed. Regarding financing, Councilman Chapman moved to finance the project for five (5) years and authorize the Administrator and Attorney to negotiate and draft the necessary legal documents, seconded by Councilman Watford. Motion carried. AGENDA ITEM #XIII - PLANNING BOARD VACANCY Chairman Douglas advised Council of the resignation of Planning Board member Tom Miller, who has resigned due to the pressure of his business at this time. Chairman Douglas noted that Darrell Ferneau, who resigned as a member of the Planning Board to run for City Council, has expressed an interest in being re- appointed to serve out his term which ends March 31, 1983. Also available and willing to serve are Cecilia Miller and Dr. Norman Koff. Councilman Chapman moved to re- appoint Darrell Ferneau as Planning Board member to complete his unexpired term ending March 31, 1983, seconded by Councilman Knight. Motion carried. AGENDA ITEM #XIV - MAYOR TO CALL ON AUDIENCE Citizen Andy Rubin spoke out on the Pension Board appointees; Item #XI paving the segment of street with only one taxpayer to benefit; the City Hall expansion program this not being the time for any added expense. Rubin asked for further explanation regarding the Engineering fee of Two Hundred Eleven Thousand Dollars ($211,000.00), which he felt was in violation of the bid limitation. Councilman Watford commented, the 'Consultants Negotiations Act' does not require putting such items out for competitive bids. This was a service to be negotiated. (ie: the City's annual audit - the number one firm submitted a proposal which was rejected by the Council, then the number two firm submitted a proposal which was accepted). Attorney Conlon advised that the acquisition of properties (having something built for us) is being confussed with the hiring of professional services. Mr. Rubin complained that the present agreement with the Humane Society, in his opinion was not working out. He advised Council that complaints are not being followed up by the Humane Society. Rubin asked Council to study the results of six (6) month probation period closely. Citizen Shirley Johnson, representing parents of Dean's Court, appeared before the Council requesting something be done to eliminate the hazardous conditions along 1 _ I TIE r 3233 3 83 -13 Northwest Ninth Avenue. Ms. Johnson explained that with five (5) school bus stops along the heavily traveled road a school crossing guard is needed. Council discussed the problem with Ms. Johnson and others present. One possible solution suggested was to change the bus route. Council instructed Adminsitrator Fellows to meet with Chief Mobley, the School Board and Ms. Johnson to arrive at a solution and report back at the next meeting. Citizen J.L. Lawson, 913 Northwest Tenth Street, asked when the City was planning on improving the drainage situation in that area. Mr. Lawson advised that the large drainage ditch that runs north and south along Tenth Avenue has not been cleaned for nearly two years. Director Fornter noted it was the drainage ditch that runs along Tenth Avenue from Ninth Street to the City limits. The Street Department, upon receipt of the necessary equipment from the County, will clean it and possibly at the same time the County will then clean the City limit ditch. Mr. Lawson asked how soon is sewer going to be provided in the same area. Adminis- trator Fellows advised that the city has applied for a grant from the Department of Housing and Urban Development (HUD), to provide sewer, also, under the City's Farmer's Home Adminsitration grant application. Fellows noted it is proposed in both applications, one of which will provide sewer. Chairman Douglas then gave the floor to citizen Marvin Wheeler who stated he agreed with Andy Rubin that the "dog problem" has increased recently. He also felt the possibility of the County taking over the Building Department should be studied further. Chairman Douglas read a letter form State Senator Bob Crawford, inviting the members of the City Council to attend the annual "legislative public hearing" to be held February 9, 1983, at 10:00 A.M. in County Commission Chambers. AGENDA ITEM #XV - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS Clerk Thomas distributed copies of the monthly financial report and presented the Warrant Registers for approval. Attorney Conlon reported on the status of the title search being done on the street in question (Southeast Sixth Avenue) and will give the report to the Administrator upon completion. Attorney Conlon submitted the "City's Brief" regarding the LaGrow suit. Copies to be made for each Councilman for them to review. Administrator Fellows elaborated on the possibility of the back of the water bills being used for advertising by a financial institution or business. The purpose would be to possibly recoup, over a year's period of time, either the cost of printing water bills, or the postage, or both. Council discussed the suggestion and instructed Mr. Fellows to investigate it further and report back. l Hi t 3234 Administrator Feliwos informed the Council of a recent conversation with Dr. Richard Orman regarding the Small Community Development Block grant application. Dr. Orman is "cautiously optomistic" and should hear something by the end of the month. Administrator Fellows explained, per Councilman Chapman's request, that the portion of Southwest Fifth Street (between Fifth and Seventh Avenues) and Sixth Avenue from Fifth Street to Second Street would be added to next year's paving list if Council had no objections. The need exists because these segments are used by the school buses. Councilman Chapman asked for an up -date on the status of Southeast Fourth Avenue which runs south of the American Legion. Administrator Fellows advised, as Council insturcted, he has sent a letter to the County Commissioners requesting that that portion be opened and paved. Councilman Chapman brought up for discussion the hiring procedures of the City. Chapman felt due to the Discrimination Suit settlement the recently vacated position of Police Dispatcher should be filled with a minority. Attorney Conlon advised that the current applications and hiring procedures were acceptable by the Office of Revenue Sharing and the Discrimination suit settlement did not set forth any direct figures or quotas to be met. The City was asked, however, "to use all reasonable efforts to bring the ratio of minorities employed by the City into the same ratio in the City labor market." Councilman Chapman noted that since the Administrator was hired the Council no longer reviewed all the applications submitted for each job opening. The Administrator and Department Head review them and make a recommendation to the Council. Chapman agreed with this procedure, however, asked that he be given copies of all applications submitted for review. Council discussed the issue at length. Councilmen Watford and Knight felt the Department Heads and Administrator were better qualified to make such a judgement and were hired to do so. Councilman Chapman moved to hire Ellie Mae Smith for dispatcher, annual salary of Nine Thousand Nine Hundred ONe Dollars ($9,901.00). The Chair recognized Ms. Smith who stated, "I do not want anyone to hire me just because I am black. I want to be hired because I qualify. And I do feel that I do qualify for the position, because I have past experience working on a radio at the Florida School For Boys." Chairman Douglas called for a second to the motion to hire Ellie Mae Smith. Motion died for a lack of a second. Chairman Douglas clarified for those present that he had reviewed the applications 3235 3 and noted the City's Equal Employment Opportunity Application does not determine race or sex. Councilman Watford added that since he was elected as Councilman, numerous individuals have been hired using the current procedure with no questions or problems arising. Councilman Watford stated that prior to this meeting he had discussed the situation with Mr. Fellows, Chief Mobley and also Lt. Purvis, in the Police Chief's absence. Watford felt the recommendation of the Police Chief was made in the best interest of the City. Following brief comments, Councilman Watford moved to accept the recommendation of Chief Mobley for the position of Police dispatcher, seconded by Councilman Knight. Councilman Thomas stated, "being new on the board and knowing the Chief, I respect his decision." Thomas asked that he be given copies of the applications in the future. Councilman Watford added, "I know we are going to receive criticism because we didn't look at all the applications, so therefore, we didn't do our job. But there are a lot of things that we don't personally do around this City. We delegate that authority and responsibility to other employees. This is one of the things we delegate, the guidelines have been set." Councilman Knight stated, "this board should be a policy making board (ie: the School Board is a policy making board with administrators to run the schools, prinicipals and so on down the line)." With no further discussion, Chairman Douglas called for a vote on the motion to accept the recommendation of the Police Chief. Councilmen Watford, Knight and Thomas voted yes. Councilman Chapman opposed. Fran Hawkins, Okeechobee News, asked for the name of the person hired. Chief Mobley advised, Brenda King Sullivan. AGENDA ITEM #XVI - ADJOURNMENT There being no further business the meeting adjourned at 10:00 P.M. ATTEST: :.nnie S. homas, CMC City Clerk City of Okeechobee idger Edward W. Douglas, D.C. 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 OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JANUARY 11, 1983 7:00 P.M. 1. Call to Order Invocation - Councilman Oakland Chapman Pledge of Allegiance - Mayor Edward Douglas IV. Swearing in ceremony for Councilmen Douglas, Thomas and Chapman and City Clerk, Bonnie Thomas by the Honorable William Hendry, County Judge, Okeechobee County. V. Approval of the minutes of December 7 and December 15, 1982. VI. Introduction of an ordinance requiring mandatory connection with the city's public sewer system at such time as sewer becomes available within one hundred feet of a piece of improved property and setting of a public hearing for January the 25th. VII. Introduction of an ordinance consolidating the permit fees for single wide and double wide mobile homes and setting of a public hearing for January the 25th. VIII. Introduction of an ordinance amending the zoning ordinance to allow licensed group home facilities in RG-2 zoning districts by exception and providing a definition for group homes and setting a public hearing for February 22, 1983. (Planning and Zoning Board recommends approval) IX. Introduction of an ordinance amending the district regulations for Commercial- Professional-Office Districts to allow residential uses as a special exception when approved by the Board of Adjustments and setting of a public hearing for February 22, 1983. (Planning and Zoning Board recommends approval) X. Council action to make appointments to the Board of Trustees of the General Employees Pension Fund, the Police Pension Fund and the Fire Pension Fund. XI. Consideration of a request for closing of Southeast 8th Drive in Okeechobee Estates. XII. Further consideration of a proposal for expanding and enlarging City Hall complex. XIII. Action by the Council to name a replacement on the Planning and Zoning Board to replace board member Tom Miller with the term ending March 31, 1983. XIV. Mayor to call on anyone in audience wishing to address the Council. XV. Mayor to call on City Clerk, City Attorney, City Administrator and members of the City Council for reports and/or requests. XVI. Adjournment.