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1983-01-25 Regular Meeting3236 83 -2 83 -3 REGULAR MEETING TUESDAY, JANUARY 25, 1983 The City Council of the City of Okeechobee, Florida, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, 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, Vice Chairman Dowling Watford, Jr. Oakland Chapman Oscar Thomas 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 Larry Mobley, Police Chief J. Mallette Westbrook, Building Official Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The invocation was offered by Mayor Edward W. Douglas followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Councilman Chapman noted a change on the sixth page, sixth paragraph. Statement to read, "Chapman agreed with this procedure, however, asked that he be given copies of all applications submitted, for review." Councilman Knight moved to approve the minutes of the January llth regular meeting as amended, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #V - FINAL HEARING - ORDINANCE MANDATORY SEWER CONNECTION Chairman Douglas presented for final hearing 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 a piece of improved property. The title was read 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. Chairman Douglas called for comments and /or objections in regard to this public hearing. Citizen Andy Rubin commented. Chairman Douglas explained this is an ordinance required by Farmers Home Adminis- tration. Councilman Thomas asked if this was according to law. Attorney Conlon advised, "it is a Health Department Administrative rule." Councilman Thomas asked the attorney I T 1 TIIf _f 3237 3 83 -4 what recourse, if any, did the City have if a property owner refused to pay for connection. Conlon stated he would have to research it and report back. Council discussed the various aspects of themandatory connection requirement. Administrator Fellows noted, "even absent of the administrative rule about mandatory connection, with the Environmental Protection Agency and the Farmers Home Bond Ordinances and the existing bond ordinance the City has required mandatory connection. Council discussed the issuing of permits, inspections, waiving the permit fee, allowing for hardship cases. With no further discussion, Councilman Watford moved that the ordinance for mandatory sewer connection be adopted, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #VI - FINAL HEARING - ORDINANCE CONSOLIDATING PERMIT FEES FOR MOBILE HOMES Chairman Douglas presented for final hearing an ordinance consolidating the permit fees for single wide and double wide mobile homes. With no objections, the ordinance was read by title only as follows: 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. Building Official Westbrook explained the procedure and need for consolidating the permit fees required for mobile home set -ups into one; Seventy -Five Dollars ($75.00) for single wide mobile homes and One Hundred Dollars ($100.00) for double wide mobile homes. With no objections voiced from those present, Councilman Thomas moved that the ordinance be adopted as presented, seconded by Councilmen Knight and Chapman. Councilman Watford verified the deletion of the phrase "not less than" in Section I, Item "b" of the ordinance. Chairman Douglas called for a vote on the motion to adopt the ordinance. Motion carried. AGENDA ITEM 4 /VII - ROBERT TURNER, MANUFACTURERS REPRESENTATIVES - WATER AND SEWER TREATMENT Mr. Robert Turner, from Manufacturers Representatives appeared before the Council to discuss alternative methods of water and sewage treatment. Mr. Turner gave a brief outline of successful projects around south Florida, and offered his services to possibly solve any problems the City of Okeechobee may have. Mr. Turner noted that any services, if used, would be channeled through the firm of Broome, VanOstran and Associates the City's consulting engineers. Mr. Turner noted that reverse osmosis is the most efficient method of purifying water; sewage treatment is handled the same. Turner offered to conduct a study of the City's system for possible solutions, and handed out brochures. Council discussed the reverse osmosis process briefly. Chairman Douglas thanked Mr. Turner for appearing before the Council. 3238 83 -14 83 -15 83 -9 AGENDA ITEM #VIII - GRACE BRETHREN CHURCH Chairman Douglas brought up for consideration a request from Grace Brethren Church to build a covered walkway and concrete floor across a portion of a sewer line easement in Block 229 located close to the intersection of U.S. 441 and Southeast Sixth Street. Chairman Douglas noted the church has agreed that if the City ever needs to repair that portion of the sewer line under the walkway, the church would remove the walkway at their expense so the city might make the necessary repairs. Councilman Chapman asked that a clause be included in the agreement stating that if the property were ever sold the easement reverts back to the City. Council discussed the church's request briefly. Councilman Chapman moved that the request of the Grace Brethren Church be granted and the proper documents be executed, seconded by Councilman Thomas. Motion carried. AGENDA ITEM #IX - REQUEST FOR PUBLIC SERVICE TAX EXEMPTION Chairman Douglas called for discussion relative to a request by the Council on Aging and the Rehabilitation Facility to be considered governmental agencies and there- fore expemt from the public service tax. Administrator Fellows explained that the City Clerk and he had researched the matter. Chapter 166 of the Florida Statutes provides "the City may exempt the State of Florida, or any of its sub - divisions, or any other organization as defined in Section 1 of the Florida State Constitution." Upon research it was determined that the Council on Aging and the Rehabilitation Center did not fall under any of the definitions. Attorney Conlon advised the two organizations will have to present evidence that they are, in fact, an agency of the Federal, State or local government. Council discussed the request. Councilman Thomas suggested that Mrs. Barnes, Council on Aging, appear before the Council to present her views. Clerk THomas was instructed to advise the Council on Aging and the Rehabilitation Center to submit a letter on State or Federal Stationary stating they are a political sub - division. And if they so desire appear before the Council. AGENDA ITEM #X - CITY HALL EXPANSION Chairman Douglas advised Council that action was needed to award Lawson Masonry and Construction Company a contract for the construction of a second story on the Okeechobee City Fire Station, the addition of three bays to the front of the building and the constructing of concrete steps in the rear of the building. Chairman Douglas also brought up for discussion the possibility of reducing the height of the second story and additional four feet (4') which would net a savings of approximately Three Thousand Dollars (3,000.00). 1 i T Tiff ^� 3239 Council discussed the building requirements of elevators being installed in all new consturction since 1984. Council received input from Contractor J.L. Lawson and Engineer Jim Broome. Councimlan Chapman moved to award the construction contract to lawson Masonry and Construction Company in the amount of Sixty -Five Thousand Five Hundred Thirty - Three and 18 /100ths Dollars ($65,533.18); and reduce the walls of the second story to nine feet (9') to be credited accordingly, seconded by Councilman Watford. Vote on motion carried. Council continued their discussion regarding the installation of an elevator. Attorney conlon was instructed to research the possibility of additions to existing buildings not requiring an elevator. Adminsitrator Fellwos advised Council of the loan interest rate proposals received for the various banks; Flagship Bank seven percent (7 %) for five (5) years; Sun Bank nine percent (9 %); Harbor Federal nine and 36 /100ths percent (9.36 %); First Savings of Okeechobee could not match those rates. Following lengthy discussion, Councilman Chapman moved to authorize a loan with Flagship Bank of Okeechobee, at seven percent (7 %) interest for a period of five (5) years and pledge the half -cent (2¢) sales tax for security, seconded by Councilman Thomas. Councilman Thomas asked Contractor J.L. Lawson how soon before he would be able to begin construction. Mr. Lawson advised Council that construction would begin upon receipt of a "Notice to Proceed ". Mr. Lawson further advised that all the other paperwork had been completed, performance bond, etc.; monies have been invested supplies have been ordered. Councilman Thomas stated it was quite a gamble to begin ordering supplies and investing money without any authority. Thomas asked Mr. Lawson who gave him permission to begin. Mr. Fellows stated he issued the "Notice of Award" to Mr. Lawson, due to the action of the Council at the last meeting. Following brief discussion, Chairman Douglas called for a vote on the motion to proceed with financing through Flagship Bank. Vote carried. Council then discussed the financing of the finishing work. Councilman Watford moved that the loan amount be increased by Eighteen Thousand Dollars ($18,000.000 to furnish funds for finishing work, seconded by Councilman Chapman. Motion carried. Adminsitrator Fellwos reviewed, for verification, Council's intent; execute a contract with Mr. Lawson, issue a "Notice to Proceed ", and begin construction. Once a determination has been made on an elevator, that will be a separate item to be taken up and disposed of separately by the council. Council concurred. 3240 83 -16 83 -17 AGENDA ITEM 4 /XI - SURPLUS PROPERTY Chairman Douglas called for action by the Council to declare as surplus property a 1971 dump truck from the Street Division and a 1975 three quarter ton cab and chasis from the Water Division and authorize these vehicles for sale to the highest bidder. Councilman Knight moved that the above named equipment be declared surplus property and put out for bids, seconded by Councilman Watford. Following brief discussion, the vote on the motion carried. AGENDA ITEM #XII - CITY INSURANCE BENEFITS Chairman Douglas asked for Council's authorization to extend the benefits of the City's hospitalization plan to members of the City Council and the City Attorney. Administrator Fellows noted that newly elected Councilman Oscar Thomas had insurance benefits while serving as County Commissioner and wished to continue similar coverage through the City. With no further discussion Councilman Chapman moved to extend the benefits of the City's hospitalization plan to the members of the Council who want it and the City Attorney, seconded by Councilman Knight. Following brife discussion, Chairman Douglas called for a vote on the motion. Motion carried. AGENDA ITEM 4 /XII - MAYOR TO CALL ON AUDIENCE Mayor /Chairman Douglas opened the floor for anyone present in the audience wishing to address the Council. Citizen Andy Rubin commented on the City Hall expansion project, noting that he had presented plans months ago for single story expansionwhich eliminates the need for an elevator. Mr. Rubin, "as president of a Taxpayers Association and spokesman for several local contractors ", asked to go on record as "protesting the new system capacity charge." Mr. Rubin stated he also felt that several City employees were in violation of the Employee Handbook during the December City Election, by campaigning on City property. Chairman Douglas recognized Citizen Marvin Wheeler. Mr. Wheeler appeared before the Council to question the use of City vehicles for private use. Attorney Conlon called for a point and asked (the Council) for the procedures to be set out for citizens approaching the podium. Mr. Wheeler lodged a complaint with the Council that City vehicles were being used for personal and private advantage, in particular Building Official Westbrook. Council discussed the complaint and concluded that problems or complaints should first be presented to the City Administrator and then the Council. The Administrator was instructed to look into the matter. The floor was opened to Rucker Wilcox who commented on the installation of an elevator to allow the handicapped to gain access to the second floor (ie: Council Chambers). i 1 11(I 4 111- 3241 With no other persons wishing to approach rtie Council,__Chairman Douglas commented on Attorney Conlon's "point of order ", and stat4* "the Council is a legislative body, here to establish policies, ordinances, rules atE regulations for the City. I feel the public has their right to voice their opini s, however, I don't feel they have the right to come up and cross examine individual Councilrrian at a Council meeting. If they have a problem with that individual they s uld contact them individually. Citizens should bring any problems with policies, requestI or board decisions to the Council as a whole." Chairman Douglas congratulated Councilman 4tford on his new position on the Central Florida Regional Planning Council. AGENDA ITEM #XIV - MAYOR TO CALL ON CITY CLERK,=GITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS City Clerk Bonnie Thomas presented the Warrant Registers for Council's approval. Attorney Conlon advised Council that the P ell suit against the City has been dismissed, however, the counter -suit by the Cit ,'is stillpending for reimbursement of damages to the City patrolcar. Attorney Conlon gave a brief review of the status on the LaGrow suit. Police Chief Mobley explained that he had rn t with Shirley Johnson, Johnny Kinsaul and Ed Smith. At the meeting a plan was worked t to pick up the smaller children on Northwest Eighth Avenue and Tenth Avenue as to 4ep them off of Northwest Nineth Avenue. Administrator Fellows noted a savings on chOmicals in excess of Eight Thousand Dollars ($8,000.00) recently. This savings was due to the modification of the water plant at North Miami Beach. After the improvemeits were -made the city ended up with Twenty -One Thousand (21,000) pounds of activated carbon in fifty (50) pound bags. Councilman Chapman asked that the possibility of angle parking in front of City Hall be studied. Fellows reported that he would3'have the Police Department check into it, and if feasible, will implement it. Councilman Watford brought up for discussion the Legislative Delegation meeting to be held February 9th in. County Commission Chaibers. Watford noted two (2) problems he would like the City Council to present in a litter to the Delegation; 1) homestead exemption asking for some relief, and 2) any of khe regulatory boards (ie: Water Management District) should have at least one deegate from each County. Council instructed Administrator Fellows tov.draft a letter for Council approval to be presented to the Delegation. Councilman Watford noted the central Floridi Regional Planning Council (CFRPC) meets Wednesday, January 26, 1983, he will atten Councilman Chapman moved that the Federal Revenue Sharing Warrant Register in the amount of Twenty -Three Thousand One Hundred Fort -One Dollars ($23,141.00), the Water & 41,L =r. ti 3242 83 -18 Sewer Warrant Register in the amount of Sixty -Two Thousand Five Hundred Nineteen and 89 /100ths Dollars ($62,519.89) and the General Fund Warrant Register in the amount of One Hundred Sixteen Thousand Nine Hundred Seventy -Two and 98 /100ths ($116,972.98) for the month of December, be approved, seconded by Councilman Watford. Motion carried. Councilman Watford moved that the General Fund Warrant Register in the amount of One Hundred Forty -Six Thousand Two Hundred Fifty and 15 /100ths Dollars ($146,250.15), the Water & Sewer Warrant Register in the amount of One Hundred Thirty -Nine Thousand Eighty -One and 39 /100ths Dollars ($139,081.39) and the I & S Warrant Register in the amount of Twelve Thousand Five Hundred Seventy -Five Dollars ($12,575.00) for the month of January, be approved, seconded by Councilman Knight. Motion carried. Chairman Douglas brought up for further discussion, the possibility of extending Southeast Tenth Avenue to the railroad. Douglas noted that the adjacent property owners have tentatively agreed to give up seventy foot (70') of their property for a right -of -way. This will give the City access to the one hundred fifty (150) acres. Council discussed the possibility and agreed to pursue the matter. The right -of- way will have to be surveyed. Chairman Douglas noted receipt of two (2) survey estimates as follows: 1) Broome, VanOstran & Associates - not to exceed $600.00 2) Leland Dyals - $2,080.00 Following discussion, Councilman Chapman moved to accept the proposal of Broome, VanOstran & Associates for the survey not to exceed Six Hundred Dollars ($600.00), seconded by Councilman Knight. After brief discussion, vote on the motion carried. AGENDA ITEM #XV - ADJOURNMENT There being no further business the meeting adjourned at 9:50 P.M. ATTEST: /401/ Bo nie S. Tho 's, CMC City Clerk City of Okeechobee dward 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. SPECIAL MEETING TUESDAY, FEBRUARY 1, 1983 Chairman /Mayor Edward W. Douglas called for a Special meeting to be held in Council Chambers, Tuesday, February 1, 1983, at 1:00 P.M. Purpose of holding the meeting was to discuss an up -date summary of the expansion program of the City sewage collection system and treatment plant; also to discuss the City Hall building expansion regarding the relocation of the Planning, Zoning and Building Department. AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JANUARY 25, 1983 7:00 P.M. 1. Call to Order Invocation - Mayor Edward Douglas III. Pledge of Allegiance - Richard C. Fellows, City Administrator IV. Approval of the minutes of the regular meeting of January 11, 1983. V. Public hearing and final reading 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. VI. Public hearing and final reading of an ordinance consolidating the permit fees for single wide and double wide mobile homes. VII. Appearance by Bob Turner from Manufacturers Representatives to discuss alternative methods of water and sewage treatment. VIII. Consideration of a request from Grace Brethren Church to build a covered walkway and concrete floor across a portion of a sewer line easement in Block 229 located close to the intersection of U.S. 441 and Southeast 6th Street. IX. Discussion relative to a request by the Council on Aging and the Rehabilitation Facility to be considered governmental agencies and therefore exempt from the public service tax. X. Action by the Council to award Lawson Masonry and Construction Company a contract for the construction of a second story on the Okeechobee City Fire Department, the addition of three bays to the front of the building and the construction of concrete steps in the rear of the building. XI. Action by the Council to declare surplus a 1971 dump truck from the Street Division of the Department of Public Works, a 1975 three quarter ton cab and chassis from the Water Division of the Department of Public Works and authority to offer these vehicles for sale to the highest and best bidder. XII. Authority to extend the benefits of the city's hospitalization plan to members of the City Council and the City Attorney. XIII. Mayor to call on anyone in audience wishing to address the Council. XIV. Mayor to call on City Clerk, City Attorney, City Administrator and members of the City Council for reports and/or requests. XV. Adjournment.