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1983-03-22 Regular Meeting3268 83 -2 83 -27 83 -30 REGULAR MEETING TUESDAY, MARCH 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. Oakland Chapman Councilman Oscar Thomas was absent. 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 II, Fire Chief Rosemary Miller, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The invocation was offered by Director of Public Works L.C. Fortner, Jr., followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Councilman Chapman moved that the minutes of the March 8, 1983, regular meeting by approved as presented, seconded by Councilman Knight. Motion carried. AGENDA ITEM #V - FINAL HEARING - ORDINANCE TO PROVIDE VICE MAYOR TO SIGN CHECKS Chairman Douglas presented for second and final hearing 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 title was read by the Chairman 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. Chairman Douglas opened the floor for comments and /or objections. Andy Rubin asked that the designee be specified, the ordinance being too vague. Chairman Douglas explained that City Administrator Richard Fellows was appointed the Mayor's designee at the time when the new check signing structure was established and the minutes reflect that fact. With no further discussion, Councilman Watford moved that the ordinance be approved as presented, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #Vi - FINAL HEARING - ORDINANCE CHANGING MANNER OF ELECTING CITY COUNCILMEN Chairman Douglas presented for second and final hearing an ordinance amending the Code of Ordinances of the City of Okeechobee; amending Article III, elections to create a new Section 10 (a) to provide the manner of electing Councilmen. 3269 83 -30 The ordinance was read in its entirety as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE III, ELECTIONS TO CREATE A NEW SECTION 10 (a) TO PROVIDE THE MANNER OF ELECTING COUNCILMEN; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: Article III of the Ordinance Code of the City of Okeechobee, Florida be and it hereby is amended to create a new Section 10 (a) providing the manner of electing City Councilmen and it shall be as follows: ARTICLE III ELECTIONS Section 10 (a) The numbering of Council seats The Council shall permanently designate by the number one (1) through five (5) each Council seat prior to the regular general election of 1984. SECTION II: This Ordinance shall take effect upon its adoption. The floor was opened for discussion. Andy Rubin asked how the seats would be numbered. Rubin stated the specific numbers should be designated in the ordinance so they could not be changed prior to each election. Chairman Douglas explained that the ordinance states the seats will be "permanently" numbered prior to the next election. Administrator Fellows noted that if the Council wishes to change the City election to coincide with the County and State elections, they should eliminate the work "December" so that the ordinance reads "prior to the general election of 1984 ". Council agreed unanimously to delete the word "December ". Councilman Knight moved to adopt the proposed ordinance as amended, seconded by Councilman Watford. Motion carried. AGENDA ITEM #VII - FINAL HEARING - ORDINANCE AMENDING THE METHOD OF QUALIFYING FOR CANDIDATES Chairman Douglas presented for second and final hearing an ordinance amending the Code of Ordinances of the City of Okeechobee; amending Chapter 6, Section 6 -3 providing for the method of qualifying for candidates; providing for a determiniation of who is elected and resolution of ties. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 6, SECTION 6 -3 PROVIDING FOR THE METHOD OF QUALIFYING FOR CANDIDATES; AMENDING SECTION 6 -8 PROVIDING FOR A DETERMINIATION OF WHO ELECTED; RESOLUTION OF TIES; PROVIDING AN EFFECTIVE DATE. Andy Rubin asked to be supplied with a copy of the ordinance in lieu of it being read in its entirety. City Clerk was instructed to provide the copies. Councilman Watford asked for clarification of the need for a run -off election. 3270 83 -10 83 -34 Administrator Fellows explained that a run -off would occur when no one received the majority of votes cast. Council discussed changing the City elections to coincide with the State and County. Clerk Thomas explained that the Supervisor of Elections, Rowena Parkerson, would simply place the City ballots on the voting machines used within the City limits for the County elections. This would eliminate a large portion of the City's election expenses. Andy Rubin commented on the space made available for the last City election. He felt it needed corrections. With no further discussion, Councilman Knight moved to adopt the ordinance changing the method of qualifying, seconded by Councilman Chapman. Motion carried. Chairman Douglas noted that the two ordinances changing the City elections only become law after a referendum in the fall. AGENDA ITEM #VIII - PLANNING BOARD VACANCIES Chairman Douglas called for action by the Council to appoint two members to the City Planning and Zoning Board. Douglas noted that both Board members expressed the desire to be reappointed. Councilman Chapman asked what length of term shall the Planning Board members be appointed? Administrator Fellows advised they were both for a three year term. Councilman Chapman moved to reappoint Darrell Farneau and Brenda Mason O'Connor for three year terms beginning April 1, 1983, seconded by Councilman Watford. Motion carried. AGENDA ITEM #IX - MEDIAN LANDSCAPE PROPOSAL Chairman Douglas called for discussion by the Council on a proposal to landscape the median located on Southwest Fourth Street just south of Parrott Avenue. In the absence of Mr. Yazvac, Eagle Bay Nursery, Director Fortner explained the landscape proposal of the medians. Fortner noted that water lines are not available and will have to be installed for the sprinkler system. Council discussed the plan and agreed that the proposal, as presented, will require a great deal of maintenance. Modifications of the proposal were discussed, requiring less maintenance. Doug Holden, Okeechobee Rehabilitation Center, was present and upon request, commented and answered Council's questions. Mr. Holden disagreed with using Periwinkle as one of the flowers noting they spread and will eventually over take the entire area unless kept up. Council discussed the possibility of beginning with the medians down the center of Highway 441, as opposed to those on the side streets. Andy Rubin cautioned the Council to check first with the Department of Transportation and find out what they will allow. Fellows noted that once landscaped, the City becomes responsible for the maintenance of the highway medians. I I irir T 3271 3 - 83 -20 83 -33 It was agreed that the main concern with the medians is stopping the traffic from cutting across them. Following discussion, Councilman Knight moved that the proposal be tabled for further study regarding what is allowed on Highway 441; more data as to cost, design, etc., seconded by Councilman Chapman. Motion carried. AGENDA ITEM #X - MAYOR TO CALL ON AUDIENCE Chairman /Mayor Douglas called on those present in the audience wishing to address the Council. Andy Rubin asked that the Council call roll before each meeting. Rubin commented on the grading of City streets. He is of the opinion that not all the streets need grading it is wasting tax dollars. Rubin inquired as to the amount of monies left in the budget for street paving, so that more streets could be paved. Administrator Fellows advised that on a number of the streets, "in order to get the County to take them over, we had to change the culverts." This expense was not anticipated, therefore, the remaining funds are minimal. Rubin asked for an up -date on the recreation park to be built next to the Brahman Theater. Councilman Knight advised those present that the County is seeking a grant to combine with the Twenty Thousand Dollar ($20,000.00) City donation, before beginning construction. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS City Clerk Thomas presented the monthly financial statements. Attorney Conlon informed the Council that two things need to be done in regard to the Sewer System grant by the 18th of April; one is to enact a new ordinance concerning the sewage system (ie: use of, rates, what can be put into it and what can not, etc.). The government has sent a model ordinance which is very extensive, also a set of regulations on what the ordinance must contain. Upon review, Conlon discovered, "the two things are conflicting ". Because of this the ordinance will not be ready for first reading until the first meeting in April. Attorney Conlon asked that a special meeting be held seven days after to enact the ordinance. Council agreed to hold a Special meeting on April 11, 1983, at 7:00 P.M. The Code Enforcement Board meeting will begin at 7:30 P.M. that same evening. Administrator Fellows reported on the establishment of a grievance committee. As requested by the Council, Fellows suggested the Council establish a five (5) person grievance committee of all rank -in -file members, one from each department of the City. Each member to be either appointed by their department head or elected by their fellow employees. The committee would elect its own chairman. I T fli li T 3272 83 -11 83 -33 83 -9 83 -21 Council discussed the various possibilities then instructed the Administrator to proceed to set up the committee for Council's approval. Fellows then reported on "Professional Liability Insurance" for the engineering firm of Broome, VanOstran and Associates; the average yearly coverage for engineering firms of similar size is between One Hundred Thousand ($100,000.00) and Five Hundred Thousand Dollars ($500,000.00). Additional coverage is taken out for extra projects of large scale. Councilman Watford stated that year round coverage was discussed when drawing up the contract between the City and Broome, VanOstran. It was the concensus then that year round coverage was too costly. Regarding the large sewer project, Broome stated he had anticipated obtaining coverage in the Three Hundred Thousand ($300,000.00) to Five Hundred Thousand Dollar ($500,000.00) range. Council discussed the issue at length receiving input from Attorney Conlon and Engineer Broome. Councilman Watford suggested the City Engineer check with various firms for One Million Dollar ($1,000,000.00) coverage to compare to coverage. Council agreed and instructed the Engineer to do so. Administrator Fellows brought up for discussion the recommendation of the Police Department of the installation of four -way stop signs at the intersection of Northwest Sixth Street and Ninth Avenue. Fellows noted that cars proceeding west on Sixth Street have a difficult time getting far enough out onto Ninth Avenue to see if traffic is coming from the north or south. Following brief discussion, the Council vetoed the request because Ninth Avenue is a main thoroughfare and to stop traffic, in their opinion, would cause problems. Administrator Fellows introduced an additional recommended change -order from Engineer Broome on the City Hall expansion project. The change order is in the amount of Six Hundred Thirty - Eight and 83 /100ths Dollars ($638.83) for the purpose of furnishing a stronger truss over the three new Fire Department bays, so as to provide additional storage space. Councilman Chapman moved to accept the change order in the amount of Six Hundred Thirty -Eight and 83/100ths Dollars ($638.83) to improve the trusses and add storage space, seconded by Councilman Watford. Motion carried. Administrator Fellows reported on the City's retirement system. "As requested, two separate studies were completed by the Actuarial Committee 1) to determine the cost, for five (5) year vested employees instead of ten (10) years, and 2) the cost to increase the benefit for the General employees to match what the State retirement system is (increase it from 1.5 % of a salary tol. 6 %). 3273 3 83 -35 83 -36 The actuarial study revealed that in order to increase the benefit to 1.6% the City and employees contribution would have to be increased by one percent (1 %). On the five year vested employee 'the increased cost of providing vested benefits to members with five years service is off -set by the savings of not refunding accumulated contributions to such members.' To get five year vested there is no additional costs to the City." Fellows asked for authorization, if Council deemed it appropriate, to draft an ordinance to amend the Pension Plan to provide that an employee be vested after five years of service. Attorney Conlon asked about the State requirements and how this would be affected if the City converted to the State retirement plan. Fellows advised, "the State would recognize existing pension benefits." The Council discussed it briefly then authorized the Administrator to draft a proposed ordinance. Director Fortner presented the bid tabulations for a new trencher and recommended the low bid be accepted. Money has been budgeted for this purchase. Councilman Chapman moved to accept the recommendation of the Director of Public Works to purchase a trencher from Ditch Witch Trencher, Inc., in the amount of Twenty - Eight Thousand Seven Hundred Sixty -Three Dollars ($28,763.00), seconded by Councilman Watford. Motion carried. Director Fortner presented two (2) requests for water line improvements. 1) In order to comply with the master plan for the water distribution system a six inch (6 ") main should be installed in the alley starting at Parrott Avenue and going to Southwest Sixth Avenue. The existing water lines in this area are only two inch (2 ") and would not adequately supply the water for the new construction. Fortner noted the approximate costs of materials is Seven Thousand Eight Hundred Dollars ($7,800.00). Councilman Knight moved to approve the proposed water line improvement as requested, seconded by Councilman Chapman. Motion carried. 2) The master water plan requires an eight inch (8 ") water main along Northwest Eighteenth Street and a six inch (6 ") water main along Northwest Eighth Avenue. Contractor, Rucker Wilcox, has requested the water line be extended to the three new homes under construction. Seven additional building sites could be connected to the new line. The total cost of material for the extension of the water system is Two Thousand Eight Hundred Forty -Six Dollars ($2,846.00). Councilman Chapman moved to approve the water line extension as presented, seconded by Councilman Knight. T T� I 3274 83 -9 After brief discussion, the Chairman called for a vote. Motion carried. Engineer Broome brought up for discussion an increase in price of barrel tile since the original bid. Contractor J.L. Lawson was present to explain the circumstances leading up to this point and informed the Council the price of the tile has increased from Eighty -Nine and 25/100ths Dollars ($89.25) per square when first bid, on November 22nd, to One Hundred Fifty -Seven Dollars ($157.00) per square. Mr. Lawson asked that the Council either consider using the cheaper "enduro" tile or approve a change -order to absorb some or all of the price increase. The Council discussed, at length, the causes for delay in ordering the tile at the original quoted price. Councilman Watford sympathized with Contractor Lawson and the problem that has arisen, however, felt that the contract between Lawson Construction and the City of Okeechobee obligates Lawson to a set price, the same way it obligates the City to pay Lawson Construction upon completion. The Council discussed the issue further with input from Mr. Lawson, Engineer Broome and Administrator Fellows. Chairman Douglas noted that the construction project had been turned over to Building Official Westbrook and Engineer Broome. They in turn attempted to find the least expensive way of completing the project. One of which was finding several alternatives for the roof. Alternate plans were drawn up with different roof coverings. The indecision as to a tile or shingle roof and the different plans drawn up created a misunderstanding and a delay. Councilman Chapman felt the City was partly responsible for the delay due to the input from so many people and agreed with Chairman Douglas that Lawson was given the impression to hold off on ordering the tile which caused the problem. Council discussed a possible fifty -five (50 -50) split of the increase. The roofing sub - contractor Joe Baker was present to answer questions pertaining to a signed agreement between the general contractor and the roofing sub - contractor. Mr. Baker explained that IA. was merely a proposal and not a contract. The Council discussed with Mr. Lawson other problems that have arisen with the project. In regards to the tile roof, Councilman Watford maintained that unless the Council had directed a change, Mr. Lawson should have stayed with the original contract which calls for a barrel tile roof. Chairman Douglas reaffirmed his position that the City was partly responsible through Building Official Westbrook giving Lawson the impression to hold off on ordering the tile. Douglas suggested a sixty -five (65) thirty -five (35) split. Councilman Chapman agreed. 1 1 If Tit 3275 3 Councilman Watford stated that if the Council agrees to share the cost of the increase they will be setting an extremely dangerous precedent. "Other firms submitting bids are expected to deliver the items at the prices bid, regardless of any price increase. The City is entitled to discuss changes and since this is one change the Council did not approve, the City is entitled to a barrel tile roof at the original price according to the original contract. If the price of plywood or nails had increased the City would not be obligated." Councilman Knight stated that he had been against the project from its inception and was having difficulty voting on any change- orders or any portion of the project. With no further discussion, Councilman Chapman moved to accept a sixty -five (65) thirty -five (35) compromise, Chairman Douglas called for a second to the motion. "Against his better judgment ", Councilman Knight seconded the motion. Councilman Knight, Chapman, and Douglas voted yes. Councilman Watford voted no. Councilman Thomas was absent. Vote carried. Citizen Andy Rubin objected to the confusion and handling of the project to date. MEETING CALENDAR Chairman Douglas read the Council meeting calendar notice as follows: NOTICE IS HEREBY GIVEN that the Regular Meetings of the City Council of the City of Okeechobee, Florida, have been changed to the first and third Mondays of each month as follows: April 4th and 18th, 1983 May 2nd and 16th, 1983 June 6th and 20th, 1983 The Chairman noted the special meeting to be held April 11, 1983, at 7:00 P.M. AGENDA ITEM #XII - ADJOURNMENT There being no further business, the meeting adjourned at 10:35 P.M. ATTEST: 7i Bonnie S. Thomas, CMC City Clerk City of Okeechobee 'ZL) 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 MARCH 22, 1983 7:00 P.M. 1. Call to Order Invocation - L. C. Fortner, Jr., Director of Public Works Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of March 8, 1983. V. Public hearing and final reading of 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. VI. Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Okeechobee, Florida; amending Article III, elections to create a new Section 10 (a) to provide the manner of electing Councilmen; providing an effective date. VII. Public hearing and final reading of an Ordinance amending the Ordinance Code of Okeechobee, Florida; amending Chapter 6, Section 6-3 providing for the method of qualifying for candidates; amending Section 6-8 providing for a determination of who elected; resolution of ties; providing an effective date. VIII. Action by the Council to appoint two members to the Okeechobee City Planning and Zoning Board. IX. Further discussion by the Council on a proposal to landscape the median located on Southwest 4th Street just south of Parrott Avenue. X. Mayor to call on anyone in the audience wishing to address the Council. XI. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and/or requests. XII. Adjournment.