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1983-02-22 Regular Meeting3248 83 -2 83 -6 ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. REGULAR MEETING TUESDAY, FEBRUARY 22, 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 R. Watford, Jr. Oscar Thomas Oakland Chapman 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 Larry Mobley, Police Chief L. Keith Tomey, Fire Chief J. Mallette Westbrook, Building Official Janice M. Mann, Deputy Clerk i T AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The invocation was offered by Councilman Dowling Watford, Jr. followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Upon a motion by Councilman Watford, seconded by Councilman Chapman, vote unanimous, the minutes of the February 8, regular meeting were approved as presented. AGENDA ITEM IfV - FINAL HEARING - ORDINANCE AMENDMENT - RESIDENTIAL USE CPO DISTRICT - SPECIAL EXCEPTION Chairman Douglas presented for second and final hearing 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 Appeals. Douglas noted that the Planning and Zoning Board recommended approval, then read the ordinance by title only as follows: 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 SPECIAL EXCEPTION IN CPO /COMMERCIAL- PROFESSIONAL - OFFICE DISTRICTS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas called for comments or objections from those present in the audience, none were voiced. The Chair then called for discussion from the Council. 3249 Councilman Watford noted that the residential use was already listed in the intent paragraph of the existing CPO section, and asked if the amendment was simply to include it in the Special Exception section; with all the set -back requirements, etc., to remain the same. Attorney Conlon advised the amendment will just allow a special exception use which does not change any other district schedule regulations. With no further discussion, Councilman Chapman moved to approve the ordinance amending the district regulations for CPO Districts to allow residential uses as a special exception when approved by the Board of Adjustments, seconded by Councilman Watford. Councilman Thomas asked if the decisions of the Board of Adjustments were final or did they come before the Council for approval. Attorney Conlon advised that all decisions of the Board were final (and do not come before Council) unless denied and appealed. No further discussion, Chairman Douglas called for a vote on the motion to approve the ordinance. Motion carried. AGENDA ITEM / /VI - FIRST HEARING - CAPITAL IMPROVEMENT NOTE ORDINANCE Chairman Douglas introduced for first reading an ordinance providing for the issuance, by the City of Okeechobee, of a Capital Improvement Note in the amount of Ninety Five Thousand Dollars ($95,000.00) to the Flagship Bank of Okeechobee, to provide consturction funds for the expansion and renovation of the City Hall complex, and set a second and final hearing March 8, 1983. The title was read as follows: AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF OKEECHOBEE, FLORIDA, OF A CAPITAL IMPROVEMENT NOTE IN THE AMOUNT OF NINETY FIVE THOUSAND DOLLARS ($95,000.00) TO THE FLAGSHIP BANK OF OKEECHOBEE, TO PROVIDE CONSTRUCTION FUNDS FOR THE EXPANSION AND RENOVATION OF THE OKEECHOBEE CITY FIRE DEPARTMENT AND CITY HALL. Chairman Douglas read a second proposed ordinance title as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; REPEALING ARTICLE X RELATIVE TO LOANS, TIME WARRANTS, AND BONDS, RE- WRITING ARTICLE X TO CONFORM WITH CHAPTER 166 PART III, MUNICIPAL BORROWING; TO PROVIDE THAT BORROWING MAY BE BY RESOLUTION OR ORDINANCE; PROVIDING AN EFFECTIVE DATE. The floor was opened for discussion, comments and /or objections to either proposed ordinance. Citizen Andy Rubin commented on the fact that the construction contract was for Thirty Thousand Dollars ($30,000.00) less than the amount of the Capital Improvement Note, and objected. Chairman Douglas explained that the additional monies are being made available for the finishing work and only the monies needed will be used. With no further comments, Councilman Watford moved to set the two proposed ordinances for second and final hearing on March 8, 1983, seconded by Councilman Chapman. Motion carried. 1 i 1 IF 17 I 3250 3251 3 83 -23 83 -24 AGENDA ITEM #VII - REQUEST FOR RELOCATION OF A TWELVE FOOT UTILITY EASEMENT - FERNEAU Citizen Darrell Ferneau appeared before the Council to discuss the relocation of a twelve foot (12') utility easement on the north side of Lot 204 off Southeast Eighth Avenue to the south side of Lot 203 and the granting of an additional three feet (3'). Mr. Ferneau brought the Council up -to -date on the transactions to date regarding the request. Attorney Conlon reviewed Ferneau's proposed agreement and suggested minor changes in the wording. Conlon discussed at length whether or not the Council should include drainage in the agreement. Ferneau noted the proposed agreement does not include drainage because it is platted only as a utility easement and he felt he could not legally add to that. Following lengthy discussion by Attorney Conlon regarding the wording of the agree- ment, he suggested, "all utility uses shall be at the expense of the City and shall be underground," be added. Also, since there are no existing utilities in the easement, Conlon suggested "the construction of and maintenance of all utilities," should be added to the agreement. Mr. Ferneau stated, "If the City needs the drainage, I would be willing to move the easement to the north boundary, providing all future utility and drainage construction be done underground." Following brief discussion, Councilman Chapman moved to instruct the City Attorney to draft the legal documents moving the easement to the north end, providing for the maintenance and construction of all utilities underground, seconded by Councilmen Thomas and Knight. Vote unanimous. AGENDA ITEM #VIII - FIRST READING - SYSTEM CAPACITY CHARGES Chairman Douglas introduced a proposed ordinance amending the Code of Ordinances relative to the system capacity charges to provide a phasing in of said charges over a three year period. The title was read by Chairman Douglas as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -35 RELATING TO SYSTEM CAPACITY CHARGES FOR CONNECTION TO THE CITY'S WATER SYSTEM; PRO- VIDING FOR THE PHASING IN OF SAID SYSTEM CAPACITY CHARGES OVER A THREE YEAR PERIOD; AMENDING CHAPTER 18, ARICLE III, SECTION 18 -48 RELATING TO SYSTEM CAPACITY CHARGES FOR SEWER CUSTOMERS; PROVIDING FOR THE PHAS- ING IN OF SAID SYSTEM CAPACITY CHARGES FOR SEWER CUSTOMERS OVER A THREE YEAR PERIOD; PROVIDING AN EFFECTIVE DATE. Councilman Chapman asked if the local contractors have been notified of the ratification. Administrator Fellows noted that John Abney and Herb Nix have been informed, "They were to present it to their board today, and if they had any objections to it, they were to get back to us before the meeting tonight." Citizen Helen Horkott asked the Mayor if the proposed ordinance will provide for a refund to the customers who have paid the initial charges. Attorney Conlon stated that, "It would; the ordinance being made retroactive back to the date the original charges were established. All customers will be refunded the difference between what 3252 83 -15 83 -20 83 -9 they paid and the new charges." The Council discussed the sewer capacity charges as well, which according to Fellows will be affected only slightly by the proposed ordinance. Councilman Watford moved that a second and final hearing on the ordinance amendment be set for March 8, seconded by Councilman Knight. Motion carried. AGENDA ITEM #IX - COUNCIT. ON AGING - REQUEST FOR PUBLIC SERVICE TAX EXEMPTION Chairman Douglas opened the floor for discussion and action by ,the Council relative to requests from the Council on Aging and the Okeechobee Rehabilitation Facility for exemption from the city utility tax. Attorney Conlon quoted the Florida State Statutes regarding exemptions allowed, and reaffirmed his position that, "The City Council is not legally allowed to vote on such a request unless the proper proof is provided." Council discussed the issue. Attorney Conlon stated the problem lies in the jurisdiction. Clerk Thomas reviewed for the Council the transactions that have taken place up to this point. The Council instructed Administrator Fellows to contact Mrs. Erna Barnes of the Council on Aging and advise her of the situation. No further action to be taken by Council until further notice. AGENDA ITEM #X - FmHA ENGINEERING AGREEMENT Chairman Douglas stated that action was needed by the Council to authorize the Mayor and City Clerk to execute a Farmers Home Engineering Agreement between the City and Broome, Van Ostran and Associates for the Farmers Home portion of the sewer project. Administrator Fellows explained the reasons for the agreement. The total cost is based on construction costs. This is not additional money but is part of the original Ten Thousand Dollars ($10,000.00) approved for preparing the Farmers Home Administration application and the Two Hundred Eleven Thousand Dollar ($211,000.00) engineering fee discussed and approved in December. Engineer Broome noted that at no additional charge his firm will be doing aerials for the entire City plus a drainage plan. Councilman Watford moved that the Mayor and City Clerk be authorized to execute the engineering agreement, seconded by Councilman Knight. Motion carried. AGENDA ITEM #XI - ELEVATOR AND WALKWAY Chairman Douglas called for discussion relative to costs involved in furnishing an elevator and walkway for the City Hall complex. Executive Secretary Rosemary Miller distributed engineering plans for Council to review. Engineer Broome explained the proposal and estimated cost. Council discussed the various aspects, afterwhich Councilman Watford moved to table the discussion, seconded by Councilman Thomas. Motion carried. 3253 83 -25 83 -26 83 -16 AGENDA ITEM #XII - CITY /COUNTY BUILDING DEPARTMENT MERGER Chairman Douglas opened the floor for discussion and asked Administrator Fellows to elaborate on the proposal of Councilman Knight to combine the County and City Building Departments. Fellows stated the County Zoning Administrator Clayton White indicated the arrangement would work very well and felt the County would absorb the two employees the City has in that department and would recommend that to the County Commissioners. The Council discussed the differences between the County and City codes, etc. and the problems that may rise when combining the Planning Boards and Code Enforcement Boards. Council receied input from Contractor J.L. Lawson, Engineer Broome, Building Official Westbrook and Councilman Knight Attorney Conlon. suggested that Administrator Fellows present the various ideas to the County Commissioners for consideration. Attorney Conlon felt a cost benefit study should be made. Councilman Watford expressed concern regarding a merger because, "As a City we have accepted the respinsibility to do certain things (ie: fire protection, police protection, etc.). As long as we are a City there are certain functions that we should provide. It is very important that, if we decide to delete one of these functions, or transfer responsibi Lity of it, we should really think about it before we make such an important decision.' Councilman Watford cautioned the Council to be very careful when combining the zoning ordinances, because a city has different zoning needs than a county. Following discussion, the Council agreed to instruct Mr. Fellows to present to the County Commissioners to ideas discussed this evening and ask for their input. AGENDA ITES #XIII - BID TABULATIONS - SMOKE TESTING OF CITY SEWAGE Chairman Douglas presented the bid tabulations for smoke testing the City sewage collection system and Toted the recommendation of the Director of Public Works to accept the bid from Grinders Director Fortner linear foot; Interstat to use four (4) men an receive a better repor 6i-1 Pipeline. deported on the two bids for the same amount, twelve cents (12Q) to use three (3) men and take one and a half (111) days, Grinders take five (5) to seven (7) days. Fortner felt the City would t from a company that will take longer; thus the recommendation. Councilman Knight moved to accept the bid from Grinders A -1 Pipeline at twelve cents (12Q) a foot, seconded Upon request, Dir precautions that will Chairman Douglas AGENDA ITEM #XIV - BID Chairman Douglas by Councilman Chapman. Victor Fortner explained the procedure of smoke testing and the be taken. balled for a vote on the motion to accept the bid. Motion carried. TABULATIONS - SURPLUS PROPERTY called for action by the Council upon receipt of bid tabulations and recommendations fol the sale of two surplus vehicles for the Department of Public Works. Councilman Knight moved to accept the two highest bids, seconded by Councilman Thomas. T 11! I T 3254 83 -27 83 -28 83 -9 Council discussed the recommendation of the Director of Public Works for the distribution of the monies received from the sale for specific items, and agreed it should be handled as in the past by putting the monies back into the budget for use at a later date. Councilman Knight amended his motion back to the original motion to accept the two highest bids, seconded by Councilman Thomas. Motion carried. AGENDA ITEM #XV - MAYOR TO CALL ON AUDIENCE Chairman /Mayor Douglas called on anyone present wishing to address the Council. No one appeared. AGENDA ITEM #XVI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS Clerk Thomas distributed the monthly financial report and explained the attached breakdown of budget line items over extended. Clerk Thomas asked Council to consider the purchase of a form "Buster" (separater) to separate the water bills twice a month, possibly in the next budget year. Also, Clerk Thomas asked Council to consider the purchase of a check signer to be installed on the computer, or the authorization of another person (ie: the Vice Chairman) to sign checks. Clerk Thomas noted a recent problem that arose when the Administrator was out of town, the computer droke down, consequently the Mayor was detained from his plans in order to sign payroll checks. Clerk Thomas asked for another authorized person to sign in the Mayor's and Administrator's absence, which would eliminate the problem from reoccurring. Councilman Thomas moved to authorize an additional Councilman to sign checks. Administrator Fellows objected strongly and suggested other alternatives other than allowing another person to sign, and agreed only if the ordinance clearly stated that only when either the Mayor or his designee definitely is not available. Following discussion, Councilman Thomas moved that the Vice Chairman be authorized to sign checks, seconded by Councilman Chapman. Motion carried. Ordinance amendment to be prepared and set for public hearing. Attorney Conlon amended the title of a proposed ordinance read earlier as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; REPEALING ARTICLE X RELATIVE TO LOANS, TIME WARRANTS, AND BONDS, RE- WRITING ARTICLE X TO CONFORM WITH CHAPTER 166 PART III, MUNICIPAL BORROWING; TO PROVIDE THAT BORROWING MAY BE BY RESOLUTION OR ORDINANCE, AND RATIFYING EXISTING DEBTS; PROVIDING AN EFFECTIVE DATE. Conlon asked, "To let the records show that that is the title that is read for public hearing." Councilman Watford moved that the title relative to loans, warrants and bonds be amended as read, seconded by Councilman Thomas. Motion carried. Building Official Westbrook presented an alternate corrugated tile for possible use on the new addition instead of the spanish barrel tile; a cost savings of approxi- mately Four Thousand Dollars ($4,000.00). 3255 3 83 -9 Council discussed the possibility and agreed to remain with the barrel tile. Administrator Fellows advised Council that Director Fortner had received .a temporary operating permit with the Department of Environmental Regulations (DER), a copy to be sent to each member of the Council. Councilman Chapman asked for an up -date on the paving of the sidewalks in Dean's Court and the problems that have come about regarding school carpeting. Administrator Fellows advised the claims are being investigated and will be handled through the insurance companies. Councilman Watford stated the Central Florida Regional Planning Council (CFRPC) will meet March 2nd. Administrator Fellows brought up for discussion the replacement of the Fire Depart- ment bay doors; three (3) ten foot (10') bay doors; one ten foot (10') and one twenty -two foot (22') door; or one large door. Fellows noted the least expensive would be the one ten foot (10') and one twenty -two foot (22') door. Council discussed the issue briefly and agreed to install the least expensive set of doors [one ten foot (10') and one twenty -two foot (22') door). Administrator Fellows noted the Legislature is having a special session on March 1, to make a determination on raising more gasoline taxes for State and County roads. DOT is asking "any members of the Council or the Mayor who can attend a meeting in Ft. Pierce, Friday at 1:30 P.M., to receive input from each County and City, so that they will have information to go to the Legislature with on March 1, to get as much local money as they can for local projects, including finishing four laning 441 to the lake." Fellows suggested Director Fortner attend the meeting. Council agreed and instructed Mr. Fellows to draft a letter from the Mayor with the City's concerns. AGENDA ITEM #XVII - ADJOURNMENT There ATTEST: 40grd.4(.A_: being no further business the meeting adjourned at 9:30 P.M. � Edward W. Douglas, D.C. Chairman /Mayor City of Okeechobee /�� 1"'". / :onnie S. Thomas, CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. 1 1 1111 _T 1 3256 83 -2 83 -27 83 -20 REGULAR MEETING TUESDAY, MARCH 8, 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 R. Watford, Jr. Oakland Chapman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer Larry Mobley, Police Chief L. Keith Tomey, Fire Chief Rosemary Miller, Executive Secretary Steve Figley, Assistant Public Works Director Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The Invocation was offered by City Clerk Bonnie Thomas followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES With no deletions, corrections or additions needed, Councilman Watford moved to approve the minutes of the regular meeting of February 22, 1983, seconded by Councilman Chapman. Vote unanimous. AGENDA ITEM #VIII - FIRST READING - ORDINANCE TO PROVIDE VICE MAYOR TO SIGN CHECKS Chairman Douglas introduced for first reading an ordinance amending Chapter II, Article I, Section 2 -2 of the City Code to provide the Vice Mayor may sign checks in an emergency where the Mayor or his designee is unavailable. The Chairman read the title as follows: AN ORDINANCE AMENDING CHAPTER II, ARTICLE I, SECTION 2 -2 TO PROVIDE THE VICE MAYOR MAY SIGN CHECKS IN AN EMERGENCY WHERE THE MAYOR OR HIS DESIGNEE IS UNAVAILABLE; PROVIDING AN EFFECTIVE DATE. Councilman Chapman moved that the proposed ordinance be set for public hearing on March 22, 1983, seconded by Councilman Watford. Citizen Andy Rubin disagreed with the term "designee" and felt it should be specified. With no further discussion, Chairman Douglas called for a vote. Motion carried. AGENDA ITEMS #XVIII THROUGH #XXIII - FmHA GRANT APPLICATION - WASTEWATER TREATMENT PLANT Chairman Douglas opened the floor for discussion and action by the Council relating to an application for Federal assistance to the Farmers Home Administration for addi- AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING FEBRUARY 22, 1983 7:00 P.M. 1. Call to Order Invocation - Councilman Dowling Watford, Jr. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of February 8, 1983. V. Public hearing and final reading 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. (Planning and Zoning Board recommends approval) VI. Introduction of an Ordinance providing for the issuance by the City of Okeechobee, Florida, of a Capital Improvement Note in the amount of Ninety Five Thousand Dollars ($95,000.00) to the Flagship Bank of Okeechobee, to provide construction funds for the expansion and renovation of the Okeechobee City Fire Department and City Hall and setting of a public hearing for March 8, 1983. VII. An appearance by Darrell Ferneau to discuss relocation of a twelve foot utility easement on the north side of Lot 204 off Southeast 8th Avenue to the south side of Lot 203 and the granting of an additional three feet. VIII. Introduction of an Ordinance amending the Code of Ordinances relative to system capacity charges to provide a phase in of said charges over a three year period and setting of a public hearing for March 8, 1983. IX. Disucssion/action by City Council relative to requests from the Council on Aging and the Okeechobee Rehabilitation Facility for exemption from the city utility tax. X. Action by the Council to authorize the Mayor and Clerk to execute a Farmers Home Engineering Agreement between the city and Broome, Van Ostran and Associates. XI. Report by City Engineer Broome relative to costs involved in furnishing an elevator and walkway. XII. Discussion by the Council on a proposal for merger of county/city Planning and Zoning and Building functions. XIII. Action by the Council upon receipt of bid tabulations and recommendations for smoke testing city sewage collection system. XIV. Action by the Council upon receipt of bid tabulations and recommendations for the sale of two surplus vehicles for the Department of Public Works. XV. Mayor to call on anyone in audience wishing to address the Council. XVI. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and/or requests. XVII. Adjournment.