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1983-08-15 Regular Meeting3341 3 83 -71 83 -39 COUNCILMAN CHAPMAN - CITY TAKING OVER ALL ROADS LOCATED IN THE CITY'(meint.) Councilman Chapman discussed the possibility of the City taking over the maintenance of all streets within the City Limits. Councilman Chapman then asked if anyone has found out where the dividing line was for the City /County ditch? Director Fortner stated that the west City limit line is located approximately 25 feet west of the property lines. The shell street along the City limit ditch lies within the 25 feet on the City's side of the ditch. There is approximately 35 feet from the west City limits line to the property line in the County. The drainage ditch lies completely within the 35 feet, which is outside the City limit line. COUNCILMAN THOMAS - 5th and 6th CENT GAS TAX REVENUE FROM COUNTY. There was some discussion on the 5th and 6th Cent Gas Tax from the County. COUNCILMAN WATFORD - CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford noted that he was able to attend the wanted to report that they did set up an Economic Development Administration Loans to allow the businesses to expand. Also were Phil Berger and Richard Coleman. Mr. Coleman was elected Economic Developers. CITIZEN - ANDY RUBIN - ADDRESSED COUNCIL. meeting last Wednesday, and he Company which makes Small Business some new appointees from Okeechobee to the Board of Trustees for the at 8:33 P.M. Mr. Rubin made some comments AGENDA ITEM #XI - ADJOURNMENT on the 5th & 6th Cent Tax. the meeting adjourned /7/_ ATTEST: Bonnie City City THERE REGULAR There being no further business i AP, , :«! ��i //� _ �- ward W. Douglas, Chairman City of Okeechobee D. CLERK'S OFFICE. 15, 1983 S. Thomas, CMC Clerk of Okeechobee IS A TAPE OF THIS MEETING MEETING IN the City Avenue, Chairman Jr. City City Attorney Director Chief Fire Chief Secretary absent. ITS ENTIRETY ON FILE IN THE MONDAY, AUGUST The City Council of Chambers, 55 Southeast Third Chairman Edward W. Douglas present: Edward W. Douglas, James Knight Dowling Watford, Oscar Thomas Oakland Chapman Others present were: Richard C. Fellows, David M. Conlon, L.C. Fortner, Jr., Larry Mobley, Police L. Keith Tomey, J. Mallette Westbrook, Jim Broome, Consulting Rosemary Lear, Executive Janice M. Mann, Deputy Lydia J. Wilkerson, Clerk Bonnie S. Thomas was of Okeechobee, Florida, met in regular session in the Council Okeechobee, Florida, at 7:00 P.M. called the meeting to order with the following Councilmen Administator of Public Works Building Official Engineer Secretary Clerk I 1 I TV i 3342 83 -2 83 -72 83 -30 AGENDA ITEM #1I & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by L.C. Fortner, Jr., Director of Public Works, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Councilmen Watford and Chapman moved to approve the minutes of the Regular Meeting of August 1, 1983. Seconded by Councilman Knight. Motion carried. AGENDA ITEM #V - RESOLUTION - AMENDING HOUSING ELEMENT OF THE COMPREHENSIVE PLAN Chairman Douglas introduced a Resolution amending the Housing Element of the Comprehensive Plan of the City of Okeechobee. Chairman Douglas stated there were some questions as to the necessity of a Public Hearing on this Resolution. Attorney Conlon stated that a Public Hearing was needed. Chairman Douglas said that the Council did not need to vote on the Resolution at this time, but to set it for Public Hearing. The Resolution was read for the record. WHEREAS, the City of Okeechobee has been required by the State of Florida to adopt a Comprehensive Plan, and WHEREAS, the City has followed the procedures as provided in Chapter 163.3161, Florida Statutes, and WHEREAS, an amendment to the Housing Element of the plan has been transmitted for review and comment to the State, the Central Florida Regional Planning Council and the Planning Depart- ment of Okeechobee County, and WHEREAS, said agencies have approved the Housing Element amendment, NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Okeechobee, Florida, as follows: 1. The City of Okeechobee Comprehensive Plan is hereby amended to provide a new section, to wit: That certain Housing Element titled: "City of Okeechobee Comprehensive Plan, Housing Element, Section II" which is set forth. 2. The City Clerk of the City of Okeechobee shall attach the amended Housing Element of the Comprehensive Plan to all remaining copies of the plan in the possession of the City. 3. This resolution shall take effect immediately upon its adoption. Councilman Knight moved to set the Public Hearing for September 12, 1983. Seconded by Councilman Watford. Motion carried. AGENDA ITEM #VI - PUBLIC HEARING - ORDINANCE - AMENDING THE CITY CHARTER - CITY ELECTIONS The next item was a Public Hearing on an Ordinance amending the Charter of the City of Okeechobee to allow owners of real property within the City limits, who are qualified County electors to vote in City elections. Chairman Douglas stated there were some questions about this amendment according to State Statutes and the City Attorney and City Administrator were still researching them. AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE III, SECTION 11 TO PROVIDE THAT PERSONS WHO ARE BONA FIDE OWNERS OF REAL PROPERTY WITHIN THE LIMITS OF THE CITY OF OKEECHOBEE ARE ALSO QUALIFIED ELECTORS OF THE CITY OF OKEECHOBEE: PROVIDING AN EFFECTIVE DATE. Chairman Douglas then asked Council to postpone this hearing for now and reset it after all questions of legality were resolved. It was then suggested by Attorney Conlon that no action be taken on this Ordinance at this time, but accept all comments from the Public. Chairman Douglas then opened the floor for Public comment. Citizen Andy Rubin addressed Council as to his opinion of the ordinance. Councilman Chapman stated he was still opposed to the ordinance and he thought the legality needed to be checked into. Councilman Knight suggested the matter be looked into further also. The Public Hearing to be continued. 3343 3 83 -30 83 -9 83 -73 AGENDA ITEM #VII - PUBLIC HEARING - FINAL READING'- ORDINANCE' TO 'AMEND'THE'CODE'OF''ORDINANCES - CITY ELECTION'DATES TO'COINCIDE'WITH'COUNTY'S ELECTION DATES Chairman Douglas introduced the Public Hearing and Final Reading of an Ordinance to amend the Code of Ordinances of the City of Okeechobee, Florida, to provide that City election dates will coincide with State and County election dates in Okeechobee County. Chairman Douglas read the title as follows: AN ORDINANCE AMENDING THE OODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE(III, SECTON 10 PROVIDING FOR THE DATE OF ELECTIONS; PROVIDING CITY ELECTION DATES TO COINCIDE WITH THE GENERAL ELECTION DATES IN OKEE- CHOBEE COUNTY; PROVIDING AN EFFECTIVE DATE. The floor was then opened for Public comment. No response. Chairman Douglas asked for Council's discussion. Councilman Watford asked if it had been determined whether this situation would work with the County elections. Administrator Fellows noted it was common practice in many cities for the City and County election dates to coincide with each other. There was further discussion among Council members. Citizen Andy Rubin addressed Council as to the lower cost of this change. There being no further discussion, Councilman Thomas moved to adopt the ordinance as presented, Seconded by Councilman Knight. Motion carried. AGENDA ITEM #VIII - DISCUSSION BY COUNCIL ON CLOSING CONSTRUCTION CONTRACT - SECOND STORY ADDITION FIRE STATION Chairman Douglas introduced the next item of discussion by Council on the closing out of the construction contract for the Second Story addition to the Okeechobee City Fire Station and authority to make the final payment to the contractor, Joe Lewis Lawson. Building Official Westbrook and Fire Chief Tomey stated they were satisfied with all work completed on the addition except for the exterior wall which is guaranteed to be completed by Joe Lawson at no additional expense. Councilman Thomas moved to pay Mr. Lawson the balance due ($8,754.93) contingent upon the proper lien release, Seconded by Councilman Chapman. Councilman Watford stated he would like to have this statement put into the record for future use: "For the record, I am somewhat displeased about the execution of this contract. I think we had several misunderstandings that in my opinion could be attributable to the contractor, particularly in reference to the tile on the roof and his handling of some of the change orders- - so I would just like to have that recorded. I'm not particularly with his conduct especially his comments that were made at the meetings directed toward the Council, I thought they were in the form of threats." AGENDA ITEM #IX - APPEARANCE BY MEMBERS OF THE TAXPAYER'S ASSOCIATION TO DISCUSS ROAD ASSESSMENT Chairman Douglas introduced members of the Taxpayer's Association, who wished to discuss with the Council some of the pros and cons of a road assessment, and the feasibility of equalizing the support of the City funds by all the residents of the City rather that a few of the business people and a few of the residents. in the City, thereby placing a more equitable tax burden on the entire population of the City rather that just a few. Chairman Douglas further explained, "The road assessment has just been discussed briefly, the Council hasn't gotten into the full study of the road assessment yet ". Chairman Douglas then opened the floor for Public comment. Citizen Andy Rubin addressed the Council on behalf of the "Taxpayer's Association ". Citizen Phil Berger addressed Council on the ad valorem taxes, people added onto the tax rolls and homestead exemption. A discussion was then held by the Council concerning the fact that about 62% of City popu- lation lives in mobile homes and do not pay taxes. _ T I TIT I i 3344 83 -13 83 -45 83 -45 83 -9 AGENDA ITEM #X - CHAIRMAN TO CALL ON AUDIENCE Chairman Douglas asked for anyone wishing to address Council. No response. AGENDA ITEM #XI - CHAIRMAN TO CALL ON CITY CLERK, CITY ADMINISTRATOR, CITY ATTORNEY AND CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS CITY CLERK - WARRANT REGISTERS The Warrant Registers were presented for Council's approval. CITY ATTORNEY - LAGROW CASE Attorney Conlon stated, "We received last Friday, an Order from the District Court. We prevailed on the request for re- hearing. One additional document has been filed by the other side, I don't believe that we'll have any delay. I believe within 10 days we will receive a mandate down from the District Court recommencing the action in the lower court, in our favor, on all the issues we appealed. And then the Jury Trial will start". CITY ADMINISTRATOR - DOUBLE TAXATION Administrator Fellows noted receopt of the County's answer on the Double Taxation to the Petition which the City filed. Administrator Fellows stated he submitted a copy of the answer to Mr. Richard Kelton, of Kelton and Associates, who reviewed it and gave the City his advice on the subject. COUNCILMAN'WATFORD - RESOLUTION - DOUBLE TAXATION Councilman Watford stated he would like to have the actions on the REsolution postponed for now. Councilman Watford then stated his reasoning for this request. Chairman Douglas asked Council if there were any objections to postponing the Resolution. There were no objections. ADMINISTRATOR FELLOWS - REQUEST TO NAME ALTERNATE COMPETENCY BOARD MEMBER The Administrator noted a request from Buildling Official Westbrook to name an alternate for Board Member, Joe Baker, who is unable to attend some of the meetings. Official Westbrook recommended Roy Seavers. There was some discussion on this subject from Building Official Westbrook, Chairman Douglas, Councilman Thomas, Administrator Fellows and Attorney Conlon. After discussion, it was decided to hold action on this matter until the September 12, 1983 meeting at which time Compentency Board Member requirements according to the Ordinance could be presented. COUNCILMAN CHAPMAN - OFFICE ARRANGEMENTS FOR NEW ADDITION TO FIRE DEPARTMENT, ETC. Councilman Chapman brought up for discussion the office arrangements for the New Addition to the Fire Department. There was further discussion among Council members on this subject. Councilman Chapman also brought to the Council's attention several locations with drainage problems. Councilman Chapman also brought to the Building Official's attention that several junk cars were located by the Time Saver on 441 South. DIRECTOR L.C.FORTNER, JR., - R -BAR ESTATES, REQUEST FROM CONTRACTOR'FOR EXTENSION OF WATER LINES ON 70 WEST Director Fortner stated that he had attended the County Commissioner's meeting the previous Thursday, where a resident from R -Bar Estates requested the Spray Irrigation Field be moved to a different location. Director Fortner gave Council a run down on the County Commissioner's meeting. There was some discussion among Councilmen regarding relocation the Spray Irrigation Field. Director Fortner then stated a contractor requested the extension of water lines on 70 West, El Mira Sol Sub - Division, for 3 F.H.A. homes now (There will be more in the future). Director Fortner stated this would require approximately 450' of 6" pipe. Council discussed the request. Councilman Knight moved to approve the request for water line extension of 450' of 6" pipe. Motion was seconded by Councilman Chapman. Motion carried. CITIZEN ANDY RUBIN ADDRESSED COUNCIL - CHANGING AGENDA NUMBERS Mr. Rubin asked that Council change the numbering of the agenda so the Public would be able to speak after the elected officials. 3345 83 -18 83 -20 CHAIRMAN DOUGLAS - APPROVAL OF WARRANT REGISTERS Chairman Douglas asked for Council's approval of the warrant registers in the amount of: General Fund 34,423.25 and Water & Sewer Fund 26,908.35. Councilman Knight moved to approve the registers. Seconded by Councilman Thomas. Motion carried. CHAIRMAN DOUGLAS - ASKED FOR ANY FURTHER DISCUSSION AMONG PUBLIC OR COUNCIL Chairman Douglas asked if there was anyone else wishing to address the Council. There was no response. AGENDA ITEM #XII - ADJOURNMENT There being no further discussion, the meeting was adjourned at 8:20 P.M. ATTEST: ;Mlle S. Thomas, CMC City Clerk City of Okeechobee Edward W. Douglas, Chairman City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE. SPECIAL MEETING MONDAY, AUGUST 22, 1983 The City Council of the City of Okeechobee, Florida, met in special session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman Edward W. Douglas called the special meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James H. Knight, Vice Chairman Dowling R. Watford, Jr. Oakland Chapman Councilman Oscar Thomas was absent. Others present were: 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 Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk City Clerk Bonnie S. Thomas was absent. AGENDA ITEMS #II & III - INVOCATION AND PLEDGE The Invocation was offered by Councilman Oakland Chapman followed by the Pledge of Allegiance. AGENDA ITEM #IV - PUBLIC HEARING - UTILIZATION OF 310 ACRES' - 'SEWAGE TREATMENT PLANT Chairman Douglas stated the purpose of the Public Hearing is to receive input on a proposal to utilize 310 acres of land situated at the Florida School for Boys as the site of a new sewage treatment plant utilizing spray irrigation and crop forage for effluent disposal. The floor was opened for questions and /or comments. Citizen Dale Barrett asked that Engineer Broome detail the plant as it stands at this time. Using an aerial photograph of the proposed area, Engineer Broome pointed out the proposed location 1 AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING AUGUST 15, 1983 7:00 P.M. I. Call to Order II. Invocation - Landon C. Fortner, Director of Public Works III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of August 1, 1983. V. Introduction of a Resolution amending the Housing Element of the Comprehensive Plan of the City of Okeechobee. VI. Public hearing on an ordinance amending the Charter of the City of Okeechobee to allow owners of real property within the city limits, who are qualified county elector to vote in city elections. VII. Public hearing and final reading of an ordinance to amend the Code of Ordinances of the City of Okeechobee, Florida to provide that city election dates will coincide with state and county election dates in Okeechobee County. VIII. Discussion by the Council on the closing out of the construction contract for the second story addition to the Okeechobee City Fire Station and authority to make the final payment to the contractor, Joe Louis Lawson. IX. Appearance by a member of the Taxpayer's Association to discuss road assessment. 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.