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1983-09-12 Regular Meeting3347 83 -2 83 -69 83 -70 Clerk Thomas noted receipt of two (2) written requests: 1) Council on Aging - requested $3,000.00 to be used as match money to secure Federal funds to provide services to the elderly and disabled. 2) Recreation Advisory Board - requested any amount up to $20,000.00 to extend the proposed project to include four tennis courts. The $20,000.00 donated last year going towards two racquet ball courts. There were no citizens present to request funds. ADJOURNMENT There being no further business, the Administrative Hearing adjourned at 7:15 P.M. ward W. Douglas, DC Chairman. City of Okeechobee 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 MONDAY, SEPTEMBER 12, 1983 The City Council of the City of Okeechobee, Florida, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman 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 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 Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The Invocation was offered by Councilman Jim Knight followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES The minutes of the Budget Workshop meetings of July 26 and July 27, 1983; the Special Meetings of July 27 and August 22, 1983; the minutes of the Regular Meeting of August 15, 1983; and the minutes of the Administrative Hearing held on August 29, 1983, were presented for approval. With no additions, deletions, or corrections needed, Councilman Watford moved to approve the minutes as submitted, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #V - PUBLIC HEARING - TENTATIVE BUDGET AND TENTATIVE MILLAGE Chairman Douglas called for a public hearing on the proposed 1983/84 budget. The floor was opened for citizens comments. I 3348 Citizen Andy Rubin presented a signed petition which stated: "We the taxpayers of Okeechobee City are against any hiring of new employees for the City that will increase any taxes for the residents of this Okeehcobee City, or an increase in the budget that will increase taxes. We are against the proposed fifty cent (500) per foot new frontage tax." Rubin noted the petition was signed by over four hundred (400) citizens. Pertaining to the budget, Mr. Rubin commented on the following budget line items: 1) Income from the 4¢ gas tax - estimated $100,000.00 2) Monies left in reserve - $325,000.00 3) LaGrow suit expenses 4) Paving - $90,000.00 ($10,000.00 for drainage improvements - $80,000.00 for new paving) 5) City Attorney - line items total $19,701.00 (Rubin felt it was entirely too much for four meetings per month) 6) Contingencies - monies set out for each department (Rubin objected and thought the Council should have control of contingency spending). The Administrator advised that the Council does in fact approve all contingency transfers. In conclusion, Mr. Rubin asked that the Council consider selling the one hundred fifty - four (154) acres and put the monies back into reserves. Citizen Ben Dixon questioned budget line items 1100 Executive Salaries and 1200 Admini- strative Salaries. Administrator Fellows explained that the State has a mandated accounting system that requires that certain salaries be allocated under certain account numbers. The 1100 catagory is always for elected officials (the five councilmen); 1200 catagory is for appointed positions (in particular the administrator and Executive Secretary). The remaining line items in 511.000 and 512.000 were summarized by the Administrator (ie: utilities, equip- ment rentals, repair and maintenance, office supplies, etc.) Citizen Sam Thomas asked when the Council would discuss the proposed street special assessments. The Mayor advised that the special assessment concept is merely in the discussion /planning stage and is not connected with the 1983/84 budget. Citizen Ben Dixon questioned the "plus eleven percent" ( +11 %) indicated on the budget summary sheet, in regards to the proposed millage rate of 4.488 %. City Administrator explained that the +11% indicated the increase over the 1982/83 millage rate of 4.0386 %. With no further comments from the citizens present, the floor was opened for discussion by the Council. The final public hearing to be held Monday, October 19, 1983. Councilman Watford moved to set the tentative millage at 4.338 %, the debt service at .150 %, and adopt the tentative budget as presented, seconded by Councilman Thomas. Citizen Frank Altobello asked for the percent that the 1983/84 budget increased over the 1982/83 budget. Administrator Fellows advised approximately seven percent (7 %). With no further discussion, the Chair called for a vote on the motion setting the tentative millage rate and adopting the tentative budget. Vote on the motion carried. 3349 83 -74 83 -75 83 -76 i AGENDA ITEM #VI - COMPETENCY BOARD (CONTRACTORS) Chairman Douglas called for action by the Council to appoint a replacement for Joe Baker on the Competency Board (contractors) the term expiring in 1986. The Council discussed briefly Roy Seeber, the replacement recommended by Building Official Westbrook. Councilman Thomas suggested Zollie Aldridge as a possibility. Councilman Knight moved to appoint Roy Seeber to the competency board, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #VII - REZONING REQUEST - PHIL BERGER The Chair noted receipt of a recommendation from the Planning and Zoning Board for the rezoning of property at the southwest corner of Parrott Avenue and Southwest Eleventh Street from Residential Single Family to commercial for the construction of a Captain "D's" Seafood Restaurant. Councilman Knight moved to set the request for second and final hearing on Monday, October 17, 1983, seconded by Councilman Thomas. Councilman Watford asked if the present owner will be the one developing the property if rezoned. Mr. Berger advised no. No futher discussion, the motion carried. AGENDA ITEM #VIII - REQUEST TO AMEND ORDINANCE REGARDING SALE OF ALCOHOLIC BEVERAGES Phil Berger appeared before the Council to request consideration of an amendment to the Ordinance Code of the City of Okeechobee regarding the sale of alcoholic beverages to reduce the distance from the point of sale to the nearest church or school from seven hundred feet (300' Berger asked for an interpretation of the seven hundred foot (700') ordinance. Berger stated the existing ordinance sets a precedent and is very oppressive due to the lack of commercial property within the city. Attorney Gerald LeFebvre, representing Mr. Berger, stated the present ordinance is vague and asked for an interpretation. LeFebvre noted that Lottie Raulerson, a member of the Primitive Baptist Church, does not object to the proposed restaurant. Administrator Fellows explained that measurements were made by both the Public Works Department and the Building Department, three different figures were arrived at 1) two hundred thirty -one (231); 2) five hundred sixty -five (565); and 3) nine hundred thirty -eight (938). Thus causing the confusion. Attorney Conlon read the ordinance in question and was of the opinion that the ordinance intended the measurement be made from the business from door to the Church's property line. The Council discussed the matter at length. It was noted that no, objections were voiced from the surrounding property owners. The discrepancy occurs when interpreting "nearest point of said business ". Attorney LeFebvre stated the Council will have to determine whether or not the request falls within the restrictions of the ordinance. Councilman Chapman moved to leave the ordinance as is with the seven hundred foot (700') requirement, and that the request for the seafood restaurant is in compliance, seconded by Councilman Thomas. 3350 83 -30 Councilman Watford stated he concurred with leaving the ordinance as is, however, he disagreed with the request being in compliance. The ordinance stated "nearest point of said place of business ", it does not say "from point of entry ". Therefore, the measurement should be taken from the nearest point of the restaurant to the nearest point of the church. Following brief discussion, the chair called for a vote on the motion. Councilmen Knight, Chapman and Thomas voted Yes. Councilman Watford voted No. Motion carried. AGENDA ITEM #XVII - SECOND HEARING - ORDINANCE AUTHORIZING COUNTY RESIDENTS (OWNING CITY PROPERTY) TO VOTE IN CITY ELECTIONS The Chair called for a final public hearing on an ordinance authorizing owners of real property within the city limits of Okeechobee who reside within Okeechobee County and are qualified electors, thereof, to vote in city elections. Upon request, Administrator Fellows explained the proposed ordinance. Fellows advised, "there is no case law in the State of Florida. Our counselor on this matter, Claude Mullis, has indicated that several other stated have laws which permit this type of procedure relative to elections." Mullis also advised that under the State's home rule for cities, Chapter 166, any activity that is not expressly prohibited by the constitution may be undertaken by the City through ordinance, particularly where it is offered in a referendum ". The Aministrator summarized, "In Mullis' opinion the City can consider this ordinance, adopt it and submit it to a vote of the electors of the city. If passed, it would allow qualified electors, who live in the county and own real property in the city, to vote in city electors." The Chair opened the floor for comments. Citizen Andy Rubin objected strongly to the proposed ordinance stating that through research he has determined it to be illegal. This will allow names to be added to the tax roll just to`be able to vote in city elections. Clerk Thomas advised the Council that she had spoken with Dorothy Glisson, Deputy Secretary for Elections, who pointed out the two chapters in the Florida Statutes that disallow this. This information was turned over to the City Attorney. Lengthy discussion ensued as to the possible consequences. The Chairman asked that the Administrator give a brief background on Claude Mullis. Fellows advised he was the City Attorney for the City of Jacksonville for twenty (20) years; the counsel for the League of Cities for five (5) years; he is currently in private practice in Jacksonville for two law firms. Fellows then quoted from Mullis' letter, "The Supreme Court of Florida came to grips with the problem of constitutionally derived home -rule powers to cities in the case of the State vs. the City of Sunrise. This decision was squarely based on Section 2, Article 8 of the 1968 Florida Constitution; holding that the only limitation on the home -rule power set forth in that provision of the constitution is that it must be exercised for a valid municiple purpose. And it followed that municipalities are not dependent upon the legislature for further authorization. Statutes are relavent only to determine limitations or prohibitions. 3351 3 83 -10 83 -45 In conclusion, our research and review of the Florida Statutes including Florida Statutes 98.0913, finds no clear prohibition which would preclude the city from authorizing residents in the county owning real property within the city from becoming electors providing such ordinance amending the Charter is submitted and approved at an election of the electors of the City of Okeechobee ". Citizen Andy Rubin requested that he City seek an opinion from the Attorney General. With no further discussion, Councilman Knight moved that the ordinance be adopted, se- conded by Councilman Watford. Councilman Thomas asked that they request an opinion from the Attorney General. The City Attorney was so authorized. The Chair read the title as follows: 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 OKEECHO- BEE; PROVIDING AN EFFECTIVE DATE. With no further discussion, the vote on the motion to adopt the ordinance carried. Councilmen Knight, Watford and Thomas voted Yes. Councilman Chapman opposed. AGENDA ITEM #IX - PLANNING BOARD VACANCY Chairman Douglas called for action by the Council to appoint a member to the Planning and Zoning Board to fill the unexpired term of James Kirk who has resigned. The term of office expires March 31, 1984. Fellows noted that after advertising no new applications have been received. Previous applications were Dr. Norman Koff and Tony Miller, also, a letter application was received from Robert Francis. Following brief discussion, Councilman Thomas moved to appoint Robert Francis. Motion died for a lack of a second. Councilman Chapman moved to appoint Dr. Koff to replace Kirk's unexpired term March 31, 1984, seconded by Councilman Knight. Motion carried. AGENDA ITEM #X - DOUBLE TAXATION The next agenda item required action by the Council to accept, reject or modify the County Resolution developed in response to the City's Double Taxation claim for the fiscal year be- ginning October 1, 1983. Administrator Fellows summarized, "The County has indicated they will make payment to the City in the areas of planning, zoning and building and forestry but deny any double taxation exists as it relates to the Sheriff's road patrol and investigations. Onthis item, they are relying on the District Court of Appeals opinion in the Palm Beach County case and have indi- cated if the Supreme Court overturns their ruling the county will make payment to the City. Payment willbe made to the city from the Road and Bridge fund for the city's portion of ad valorem taxes collected and from the county -wide share of the half cent sales tax. The county also proposes to provide the city its share of the constitutional gas tax (fifth and sixth cents) and in return will not maintain any streets within the City of Okeechobee beginning October 1, 1983." 3352 83 -62 83 -77 83 -77 Fellows further advised that the proposed resolution was submitted to KeltOn and Associates, who conducted the original study. Mr. Kelton said the County's answer appears to be fair and equitable depending on what the Supreme Court rules in regards to the Sheriff department. The Council discussed the proposal at length, also, the need for approximately seven thousand feet (7,000') of paved streets which need to be brought up to standards. The City will receive nineteen percent (19 %) of the four cent (40) gas tax and sixteen percent (16 %) of the fifth and sixth cent (5th and 6th 0) tax. Councilman Watford disagreed with the proposed sixteen percent (16 %), since the County is giving up the collector roads for which they are legally responsible. The City should receive nineteen percent (19 %) of the fifth and sixth cent tax also as in the four cent (40) gas tax, or as a compromise have the County resurface the seven thousand feet (7,000') to meet proper specifications. The Council discussed the matter briefly followed by a motion by Councilman Watford, se- conded by Councilman Chapman, to accept the resolution of the County contingent upon either all roads being brought up to specifications or the county agree to increase the fifth and sixth cent tax to nineteen percent (19 %). Motion carried. AGENDA ITEM #XI - D.O.T. - RAILROAD CROSSING The Chair noted receipt of a letter from the Department of Transportation regarding the proposed railroad crossing at the extension of Southeast Tenth Avenue, and called for action by the Council to authorize an approproate response (either ask for further study, reconsideration, or drop the request). The Seaboard Coastline Railroad sent officials to Okeechobee to look into the matter and have sent a letter to the Department of Transportation indicating they object to the establishment of a new grade crossing as being premature. Following brief discussion the Countil agreed to leave matters as they are. AGENDA ITEM #XII - FIRST HEARING - ORDINANCE AMENDING RETIREMENT BENEFITS Chairman Douglas introduced for first reading an ordinance amending Ordinance 419 providing retirement benefits for general employees of the City of Okeechobee; said amendment increases the retirement benefits from 1.5% to 1.6% of the average monthly earnings. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419, SECTION III, SUB - PARAGRAPH A (1) TO PROVIDE FOR FIVE YEARS OF CONTINUOUS SERVICE INSTEAD OF TEN YEARS OF CONTINUOUS SERVICE; AMEND- ING SECTION III SUB - PARAGRAPH B (1) TO INCREASE THE MONTHLY RETIREMENT BENEFITS FROM 1.5 PERCENT TO 1.6 PERCENT OF AVERAGE MONTHLY EARNINGS; PROVIDING AN EFFEC- TIVE DATE. Councilman Knight moved to set the proposed ordinance for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XIII - FIRST READING - ORDINANCE AMENDING RETIREMENT BENEFITS Chairman Douglas introduced for first reading an ordinance amending Ordinance 419 providing retirement benefits to the general employees of the City of Okeehcobee; said amendment would provide five year vesting instead of ten year vesting. The title was read as follows: 1 1 T IR -I I 3353 3 83 -72 i AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419, SECTION VI TO PROVIDE FOR VESTING IN THE RETIREMENT SYSTEM WITH FIVE YEARS OF CONTINUOUS SERVICE IN- STEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE. Councilman Knight moved to set the proposed ordinance for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XIV - PUBLIC HEARING - CITY COMPREHENSIVE PLAN - HOUSING ELEMENT Chairman Douglas called for a public hearing on the amendment of the City of Okeechobee Comprehensive Plan, amending the Housing Element to correct the designation of the census enumeration districts, providing a more comprehensive treatment of the Housing Element. The resolution was read as follows: 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 theHousing Element of the plan has been transmitted for review and comment to the State, the Central Florida Regional Planning Council and the Planning Department 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 titles: "City of Okeechobee Comprehensive Plan, Housing Element, Section II" which is attached hereto and by this reference incor- porated herein as though fully set forth. 2. The City Clerk of the City of Okeechobee shall attache 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. Introduced and adopted in regular session this �r day of , 1983. Upon request, Adminsitrator Fellows clarified the purpose for the correction, "The State Department of Community Affairs advised that the census enumeration districts in the Housing Element were in error and they required the City to go through the amendment process to correct it. When the Central Florida Regional Planning Council did that, they also went through the housing element and gave the element a lot more statistical data relative to the publicly assisted housing programs, the Department of Housing and Urban Development, Farmers Home Ad- ministration's programs in housing, the State housing programs and the Veterans Administration programs. As stated in the resolution the State, County and Central Florida Regional Planning Council have all had a chance to ocmment on the changes. It is now up to the Council to adopt or amend 1 r 3354 83 -67 83 -78 83 -79 83 -17 it anyway they deem appropriate." For clarification, Councilman Watford noted that all the amendments were strictly recom- mendations, they did not change any policies or objectives. With no amendments noted, Councilman Watford moved that the resolution be adopted, seconded by Councilman Knight. Motion carried. AGENDA ITEM #XV - REZONING REQUEST - WILLIAMSON Chairman Douglas read for second and final hearing the title of an ordinance requesting the rezoning of a portion of the proposed nursing home property at the north city limits from Commercial to Commercial /Professional /Offices. The title is as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIZ A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINIS- TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO. Councilmen Knight and Thomas moved that the rezoning request be approved, seconded by Councilman Watford. Motion carried. AGENDA ITEM #XVI - FIRST READING - ORDINANCE PROVIDING LOCKSMITHS BE BONDED The Chairman introduced for first reading an ordinance amending the Occupational License section of the City Code to provide that locksmiths must be bonded. The title was read as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10, ARTICLE I, SUB - PARAGRAPH (59) PROVIDING THE LOCKSMITHS MUST BE BONDED; PROVIDING AN EFFECTIVE DATE. Councilman Thomas moved that the ordinance be set for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XVIII - GREATER OKEECHOBEE ADVISORY COMMUNITY TEAM Chairman Douglas brought up for discussion of the recommended appointments to the Greater Okeechobee Advisory Community Team, and asked the City Administrator to explain briefly the need for such a committee. Fellows advised, "It is a requirement of the Small Cities Community Block Grant Program to set up a committee of people from the target area to provide input on the initial application. Last year the City filed for a Community Block Grant in the amount of Five hundred Thousand Dollars ($500,000.00), for housing rehabilitation and sewer collection system. The Council discussed the responsibilities and limitations of such a committee (recommended members Lula Worthen, Bubba Ervin, Daniel Johnson, Patricia Gilliam and Reverend Arthur McGill). Councilman Chapman moved to accept the Greater Okeechobee Advisory Community Team (GOACT), setting a meeting date of September 14, and limit the scope of their actions to one project, seconded by Councilman Watford. Motion carried. AGENDA ITEM #XIX - REQUEST FOR BIDS - HOSPITALIZATION INSURANCE Chairman Douglas called for Council's action on a request for authority to advertise for bids for hospitalization insurance with thebids to be returnable November 7, 1983, and the 3355 3 83 -13 83 -16 83 -65 coverage to become effective December 1, 1983. Councilman Knight moved to authorize the insurance be put out for bids, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XX - NEW HEADGEAR - POLICE DEPARTMENT The Chairman noted a request from the Police Chief for input from the Council on setting a policy and to approve new headgear of the City Police Department. Council discussed the issue briefly, and unanimously agreed to leave it to the discretion of the Department Head. AGENDA ITEM #XXI - MAYOR TO CALL ON AUDIENCE Chairman Douglas called on anyone in the audience wishing to address the Council. No on appeared. AGENDA ITEM #XXII - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR, AND COUNCILMEN FOR REPORTS AND /OR REQUESTS. CITY CLERK - WARRANT REGISTERS Clerk Thomas presented the Warrant Registers for Council's approval. CITY ATTORNEY - LAGROW SUIT Attorney Conlon advised the Council he had received a mandate from the District Court of Appeals stating the appeal is over, the case is now back to the trial court. Conlon asked to have Attorney Jennings, counsel authorized to handle the LaGrow suit, appear before the Council to give s synopsis of the case. Council agreed. CITY ADMINISTRATOR - AUCTION Administrator Fellows thanked Councilman Knight for another successful auction raising over Two Thousand Dollars ($2,000.00) as auctioneer. - FLORIDA LEAGUE OF CITIES Adminstrator Fellows advised that two resolutions have been prepared for consideration to be presented to the Florida League of Cities. One resolution requests the League to support Legislation to change the Homestead Exemption law to provide for the taxing of the first Ten Thousand Dollars ($10,000.00) of property value with an exemption on the next Twenty -Five Thousand Dollars ($25,000.00) of value. This would provide everyone would pay something onthe first Ten Thousand Dollars ($10,000.00) of value and would put more equity into the ad valorem tax structure. The second resolution is a request for the League to research Legislation looking toward authorizing municipalities to establish user fees or apecial assessments through special taxing districts to provide the monies needed for fire and police protection. This would remove these traditional services from funding from ad valorem property tax. The Council discussed the issues and agreed unanimously to send both resolutions to the Florida League of Cities. - ANNEXATION ORDINANCE Administrator Fellows advised that the Florida Advisory Council on Intergovernmental re- lations is holding three public hearings on growth management to evaluate the state statute governing municipal annexation of unincorporated territories. 3356 83 -80 83 -20 83 -56 83 -33 83 -18 Councilman Watford asked that Administrator Fellows be authorized to attend the regional meeting and speak in the City's behalf. The Council concurred. - OKEECHOBEE BEACHWATER Adminstrator Fellows informed the Council that Okeechobee Beachwater Association has re- quested the City Council formally authorize ameeting between the Beachwater Association directors and City representatives to discuss a change in the present contract to authorize purchase of additional water. They will furnish the city anything regarding their operation. The council discussed various aspects of the request and authorized Director Fortner, Engineer Broome and Administrator Fellows to negotiate the new terms. - NEW 201 FACILITY Administrator Fellows advised that the Department of environmental Regulations (DER) has recertified the City's wastewater treatment plant project. We are awaiting approval of the land lease, last hearing to be conducted by the Division of State Lands Management. DIRECTOR OF PUBLIC WORKS - WATER TOWER Director Fortner brought up for discussion the recent painting of the water tower located to the east of the City Hall. Fortner advised that the contractor did not perform according to City specifications, therefore, the work was stopped. Fortner further advised that he had requested a bill from the contractor for work completed. The contractor has submitted a bill in the amount of Ten Thousand Eight Hundred Sixty -Five Dollars ($10,865.00). Original contract being Fifteen Thousand Two Hundred Sixty -Five Dollars ($15,265.00). Director Fortner requested permission to offer Five Thousand Sixty -Five Dollars ($5,065.00) as settlement. The Council discussed theissue at length and requested that the contractor appear before them to state his side. Director Fortner explained that the rust has already begun to appear. The workers started painting before they received sand to sandblast the rusty areas. Councilman Watford asked what concrete evidence does the city have on hand in case of a law suit. Director Fortner advised 1) theinspection report prior to the bid being approved, 2) three inspection reports and photographs during the work being performed, 3) additional photographs after work was stopped. The inspections were conducted by a professional tank inspector. Following lengthy discussion the Council decided to receive input from the contractor at the next regular meeting, prior to making any decision regarding payment. CITY ADMINISTRATOR - GRIEVANCE COMMITTEE As authorized by the Council, the Grievance Committee has been established according to the personnel handbook. Administrator Fellows noted the members 1) Lynn White, Chairman; 2) Lola Parker, secretary; 3) Gene O'Neill; 4) Clyde Long, and 5) Rick Jordan. COUNCILMAN CHAPMAN - WARRANT REGISTERS Councilman Chapman moved to approve the Water & Sewer Warrant Register in the amount of 3357 83 -56 83 -33 83 -20 Ninety -Two Thousand Seven Hundred Thirty -One and 7l /100ths Dollars ($92,731.71) and the General Fund Warrant Register in the amount of Seventy -Six Thousand Four Hundred Thirty and 20/100ths Dollars ($76,430.20), seconded by Councilman Thomas. Motion carried. COUNCILMAN WATFORD - WATER TOWER Councilman Watford respectfully requested that the press refrain from mentioning any suggested settlement offer in regard to the water tower. - CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford noted briefly the subjects discussed at the regular meeting of the Central Florida Regional Planning Council. - GRIEVANCE COMMITTEE In regards to the grievance committee, Councilman Watford asked for clarification that any city employee can take a legitimate grievance to the committee. Administrator Fellows stated, "Yes, through the proper channels ". DIRECTOR OF PUBLIC WORKS -201 FACILITY PLAN Director Fortner noted receipt of a letter from the Environmental Protection Agency (EPA), Atlanta, stating that EPA has approved the plans and specifications for the city's sewer project, provided the listed revisions are made and resubmitted for approval within sixty (60) days. (The irrigation field increased from eighty acres to three hundred ten acres; and the relocation of theplant site from one side to the other). POLICE CHIEF - PROBLEM WITH TEENAGERS PARKING Police Chief, Larry Mobley, brought to Council's attention the problem that has been created by the inadvertent statement of the Sheriff allowing teenagers to congregate on the old football field property next to the Brahman Theater. Laws are being violated and arrests are forthcoming. Chief Mobley noted that the county has never formally given permission to those involved. Councilman Thomas suggested the city discuss the problem with the County Commissioners. AGENDA ITEM / /XXIII - ADJOURNMENT There being no further business the meeting adjourned at 10:15 P.M. ATTEST: onnie S. Thomas, CMC City Clerk City of Okeechobee Edward W. Douglas, D.0 Chairman 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 SEPTEMBER 12, 1983 7:00 P.M. I. Call to Order II. Invocation - Councilman Jim Knight, Sr. III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the Budget Workshop meetings of July 26 and July 27, 1983, the minutes of the Special Meetings of July 27 and August 22, 1983, the minutes of the Regular meeting of August 15, 1983 and the minutes of the Administra- tive Hearing held on August 29, 1983. V. Public hearing on the tentative budget and tentative millage for the City of Okeechobee for the fiscal year commencing October 1, 1983 and ending September 30, 1984. (prior to the conclusion of the hearing the Council shall amend the tentative budget as it sees fit, adopt the amended tentative budget, re-compute its proposed millage rate, and publicly announce the percent, if any, by which the re-computed proposed millage rate exceeds the rolled-back rate.) VI. Action by the Council to approve the appointment of an alternate to Joe Baker on the Okeechobee Competency Board with the term expiring in 1986. VII. Receipt of a recommendation from the Okeechobee Planning and Zoning Board for the rezoning of property at the southwest corner of Parrott Avenue and Southwest 11th Street from RSF to Commercial for the construction of a Captain D's Seafood Restaurant and setting a public hearing for Monday, October 17, 1983. VIII. Consideration of a request for an amendment to the Ordinance Code of the City of Okeechobee regarding the sale of alcoholic beverages to reduce the distance from the point of sale to the nearest church or school from 700 feet to 300 feet and setting a public hearing for Monday, October 3, 1983. IX. Action by the Council to appoint a member to the Planning and Zoning Board to fill the unexpired term of Mr. James Kirk who has resigned. The term of office expires March 31, 1984. X. Action by the City Council to accept, reject or modify the County Resolution developed in response to the city's Double Taxation claim for the fiscal year beginning October 1, 1983. XI. Receipt of a letter from the Department of Transportation regarding the proposed railroad crossing at the extension of Southeast 10th Avenue and action by the Council to authorize an appropriate response. XII. Introduction and first reading of an Ordinance amending Ordinance 419 providing retirement benefits for general employees of the City of Okeechobee; said amend- ment increases the retirement benefits from 1.5% to 1.6% of average monthly earn- ings and setting of a public hearing for October 3, 1983. XIII. Introduction and first reading of an Ordinance amending Ordinance 419 providing retirement benefits to the general employees of the City of Okeechobee; said amend- ment would provide five year vesting instead of ten year vesting and setting of a public hearing for October 3, 1983. XIV. Public hearing on the amendment of the City of Okeechobee Comprehensive Plan; amend- ing the Housing Element to correct the designation of the census enumeration dis- tricts; providing a more comprehensive treatment of the Housing Element. -2- Agenda for the meeting of September 12, 1983 XV. Public hearing and final reading of an Ordinance requesting the rezoning of a port of the proposed nursing home property at the north city limits from C to CPO. (Planning and Zoning Board recommends approval) XVI. Introduction and first reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee; amending the Occupational License section of the City Code to provide that Locksmiths must be bonded and setting a public hearing for October 3, 1983. XVII. Public hearing on an Ordinance authorizing owners of real property withi the city limits of Okeechobee who reside within Okeechobee County and are qualifie electors, thereof, to vote in city elections. XVIII. Appointment by the City Council to the Greater Okeechobee Advisory Community Team Lula Worteren, Bubba Ervin, Daniel Johnson, Patricia Gilliam and Rev. Arthur McGil and setting a meeting of the group for Wednesday, September 14th in the City Counc Chambers at 8:00 P.M. XIV. Council action on a request for authority to advertise for bids for hospitalizatio insurance with the bids to be returnable November 7, 1983 and the coverage to become effective December 1, 1983. XV. Council action to approve new headgear of the City Police Department. XVI. Mayor to call on anyone in the audience wishing to address the Council. XVII. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and /or requests. XVIII. Adjournment.