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1983-10-03 Regular Meeting3365 3 83 -56 83 -79 REGULAR MEETING MONDAY, OCTOBER 3, 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 Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James H. Knight, Vice- Chairman Oakland Chapman Dowling R. Watford Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney James Broome,Consulting Engineer L.Keith Tomey, Fire Chief Larry Mobley, Police Chief Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE The Invocation was offered by Councilman Dowling Watford, Jr., followed by the Pledge of Allegiance. AGENDA ITEM 1[IV - CITY WATER TOWER EAST Chairman Douglas opened the floor for discussion and action by the Council relative to payment of Sun Coast Painting for work on the city water tower east of City Hall. The Council discussed the issue. Councilmen Knight, Chapman and Thomas were of the opinion to have the contractor redo the work and correct the errors or else go to court. Councilman Watford stated, "The contractor feels he has done a good job and expects payment. The City should try to settle the issue without costly litigation." Council discussed having the inside of the tank done by another firm, wait and see what happens to the outside; to redo the entire tank, sand blasting, etc. Then decided to give the contractor the opportunity to come back and do the job correctly according to specifications. Sand blast and start over, contract price, finish the job or pay him nothing. AGENDA ITEM #V - PUBLIC HEARING - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Chairman Douglas noted the public hearing and opened the floor to receive input from citizens of Okeechobee relative to possible projects for inclusion in a Small Cities Community Development Block Grant Application. Lula Worthen appeared before the Council on behalf of the citizens of Dean's Court and the Greater Okeechobee Advisory Community Team. Ms. Worthen reiterated the three main projects requested by the citizens, as stated at the first public hearing on September 19, 1983. 1) Housing rehabilitation program 2) A sewer collection system 3) Low rent or a rent subsidy program. Ms. Worthen also requested that the area be reinspected to better identify the number of housed needing rehabilitation. T lIIT 3366 83 -20 In regards to the problems mentioned at the September 19, meeting, Ms. Worthen asked what progress has been made to correct them. Administrator Fellows advised 1) Northwest Eighth Avenue and Northwest Tenth Avenue are due to be paved by the county under the law suit provisions in the upcoming budget year; 2) Regarding the drainage problem along Northwest Nineth Street, theCounty has let a contract for the reconstruction of that street and our city engineer will work with the County Road Super- intendent to see that culverts are placed under the street during the construction process to drain the south side of the street over to the north side ditch; 3) The cleaning of the North- west Tenth Avenue ditch is under investigation to determine the best way to take care of it. The City does not have large enough equipment to complete the job; 4) The clearing of the alleyways between Northwest Nineth Street and Northwest Twelveth Street is also under investi- gation and will be taken care of. Leroy Page, Jr. of 803 Northwest Eleventh Street stated that Ms. Worthen had noted the major problem areas. The resident of 911 Northwest Tenth Street stated the alleyway behind his home has never been cleaned. Administrator Fellows made note of the matter. With no further citizen input, Councilman Watford moved that the City apply for the Small Cities Community Development Block Grant, update the application, and apply in the areas of housing rehabilitation and sewer extension, seconded by Councilman Knight. Motion carried. Chairman Douglas thanked Ms. Worthen for her efforts in working with the City through the grant process making it a reality. Ms. Worthen inquired as to the agency preparing the application. Fellows advised it will be the Central Florida Planning Council in Bartow, Florida. Their representative will go through the target area with the City Building Official and Fire Chief in order to update the application. AGENDA ITEM #VI - 201 FACILITY PLAN MODIFICATIONS Chairman Douglas opened the floor for discussion and action by the Council to authorize Broome, Van Ostran and Associates to revise the 201 Area -wide Wastewater Treatment plans and specifications in line with recommendations made by Law Engineering for spray irrigation site and relocation of the plant. Chairman Douglas noted that Broome has also recommended theproposed force main be relocated to Southeast Fifth Avenue in order to utilize unpaved right -of -way. Present plans call for the force main to come up Southeast Third Avenue which would require the entire street to be re- surfaced. Engineer Broome explained the detailed work involved when revising plans. Broome noted that the way the system is now set up, all future projects will be much cheaper due to all the ground work done now. (ie: surveying, setting permanent controls, permanent reference marks, etc.) The Council discussed the proposal at length, and the possibility of Frederick Bell making the revisions. 3367 3 83 -45 83 -73 83 -30 Following discussion, Councilman Watford moved that the city accept the proposal of September 29, from Broome, Van Ostran and Associates for the revisions to our sewer project spray irrigation site, the relocation of the plant and force main, seconded by Councilman Chapman. The fees not to exceed Forty -Nine Thousand Seven Hundred Dollars ($49,700.00) as stated in the proposal. Vote on the motion carried. AGENDA ITEM / /VII - COUNTY RESOLUTION - DOUBLE TAXATION Councilman Watford reported on his appearance before the County Commissioners relative to a requested increase from sixteen percent (16 %) to nineteen percent (19 %) of the fifth and sixth cent gasoline tax. The County has declined the city's request for an increase. Watford noted receopt of a letter from Kelton and Associates, Inc. stated the City is in deed compromising on the issues of "Road Patrol and Investigations, Animal Control, and Adminis- trative and Overhead costs." The Council discussed various terms which should possibly be agreed upon on a yearly basis. Also discussed were the condition of the roads being turned over to the City, and the County collector roads. Councilman Knight moved to accept the sixteen g p percent (16 %) of the fifth sixth cent gasoline tax and agreed to assume the maintenance of the roads for one year, seconded by Councilman Thomas. Councilman Watford noted for the record that this was a compremise to keep from causing hard feelings or litigation. The vote on the motion carried. AGENDA ITEM #VIII - ANDY RUBIN - SPECIAL ASSESSMENTS - COUNTY RESIDENTS ALLOWED TO VOTE IN CITY ELECTIONS Andy Rubin, President of the Okeechobee Taxpayers Association, appeared before the Council for the purpose of discussing a petition objecting to special assessments for maintenance of city streets and to discuss the recently adopted ordinance relative to allowing county residents owning property in the city to vote in city elections. Rubin noted the petition presented at a prior meeting, on file in the Clerk's office, with enough signatures to call for a referendum against the fifty cent (500) special assessment front footage tax. In regards to the ordinance allowing county residents (owning property in the city) to vote in city elections, Mr. Rubin stated, in his opinion, both Dorothy Glisson's and Claude Mullis' opinion stated that it is illegal. Rubin asked for the City attorney's interpretation of the statutes. Attorney Conlon stated the two mentioned opinions were conflicting and not clear cut. The simplest way to solve the matter is to place the item on the ballot, if defeated it will end the issue, if passed it will be up to the Courts to determine if consitutional. 3368 83 -30 Citizen Lula Worthen asked for clarification, if the elections are changed will this allow county residents to run for city office. The Chairman advised that it would. The City Charter states that any qualified elector may run for office. Mr. Rubin asked for the City Clerk's opinion being the City's Supervisor of Elections. Clerk Thomas stated, "For the record, I must state that, the subject of residents, being permitted to vote in a City election, because of information we have from the Florida Secretary of State and the Florida Division of Election offices, by the Supervisor of Elections of the State of Florida, I am convinced this matter is prohibited by state law at this time. And be- cause of today's letter stating: 'On the basis of Florida Statutes and the decision of the case by the Supreme Court of Florida and the Town of Indian Shores, I believe that the City of Okee- chobee ordinance which permits nonresident landowners to vote in invalid.', it is going against the adviceof the Supervisor of Elections of the State of Florida. However, acting on the Council's directions, this item will be placed on the ballot for the people to vote on in the November 8th Election, if it is this Council's wish." The matter was discussed at length with input from the City Attorney and City Administrator. Councilman Watford stated, "The issue before us tonight is whether we want to put this on the ballot or not. We as Council can put any issue on the ballot. If passed it would be up to a state agency to challenge it ". AGENDA ITEM 41IX - PROCLAMATION - SPECIAL ELECTION The Chairman presented a proclamation calling for a special election for November 8, 1983, to allow residents to vote on several proposed changes to the Charter and Code of the City of Okeechobee. The proclamation was read as follows: PROCLAMATION NOTICE OF SPECIAL CITY ELECTION CITY OF OKEECHOBEE, FLORIDA NOVEMBER 8, 1983 WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, Florida, it is the duty of the Mayor to proclaim and call City Elections at the time and the manner provided by said City Charter. NOW, THEREFORE, I, EDWARD W. DOUGLAS, MAYOR OF THE City of Okeechobee, Flordia, do hereby PROCLAIM AND DECLARE THAT A SPECIAL CITY ELECTION by the duly qualified electors of the city of Okeechobee, Florida, be held at the American Legion Hall, 501 S.E. 2nd Street, in said City, during the regular hours of voting, to -wit: from 7:00 A.M. until 7:00 P.M., Tuesday, November 8, 1983, for the pirpose of amending by ordinances of the City Charter concerning the City's mode of holding elections as follows: AMENDING ARTICLE III, SECTION 10 PROVIDING FOR THE DATE OF ELECTIONS; PROVIDING CITY ELECTION DATES TO COINCIDE WITH THE GENERAL ELECTION DATES IN OKEECHOBEE COUNTY; PRO- VIDING AN EFFECTIVE DATE. AMENDING ARTICLE III, ELECTIONS TO CREATE A NEW SECTION 10 (a) TO PROVIDE THE MANNER OF ELECTING COUNCILMEN; PROVIDING AN EFFECTIVE DATE. 3369 1 - 83 -20 83 -20 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. 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. IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed hereto, and the same attested by the City Clerk, this 19th day of September, 1983. Chairman Douglas called for comments. It was noted that each ordinance will be a serrate item on the ballot. Councilman Knight moved to accept the Proclamation as presented, seconded by Councilman Watford. Councilmen Knight, Watford, Thommas and Douglas voted Yes. Councilman Chapman voted No. Motion carried. AGENDA ITEM #X - RESOLUTION - FARMERS HOME ADMINISTRATION SEWER PLANT Chairman Douglas called for action by the Council regarding a resolution to the Farmers Home Administration for a loan in the amount of Two Million Two Hundred Twelve Thousand Nine Hundred Dollars ($2,212,900.00). Administrator Fellows advised that this resolution simply combines two separate resolutions, previously adopted, into one total amount. This will simplify the 201 Facilities Plan application process. Councilman Chapman moved to adopt the Farmers Home Administration Loan Resolution in the amount of Two Mullion Two Hundred Twelve Thousand Nine Hundred Dollars ($2,212,900.00), seconded by Councilman Knight. Motion carried. AGENDA ITEM #XI - MAYOR TO CALL ON AUDIENCE The Chairman called on those in the audience wishing to address the Council. Citizen Lottie Boswell requested more street lights in the Dean's Court area. Administrator Fellows advised he will check with Florida Power and Light Company to the possibility of placing one on each street corner and one in the middle of each block. AGENDA ITEM #XII - 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 approval. CITY ADMINISTRATOR - Sewer Plant Grant Offer Administrator Fellows reported receopt of a grant offer from the Environmental Protection Agency in the amount of Nine Hundred Nine Thousand Seven Hundred Dollars ($909,700.00) plus an addition Thirty -Three Thousand Eighty Dollars ($33,080.00) which is the amount the City is also eligible for using alternative and innovative technology. If Council agrees it would be in order to authorize the Mayor to sign accepting the grant offer. Councilman Watford moved that the Mayor be authorized to sign the grant offer, seconded by Councilman Knight. Motion carried. 3370 83 -81 83 -18 - Exchange of City Property Administrator Fellows reported on his findings regarding the possible exchange of property wiht the State Department of Transportation (DOT). The four lots the city would consider trading are lcoated adjacent to the D.O.T.'s maintenance yard. Following brief discussion, the Council agreed to pursue negotiations and instructed the City Administrator to do so. - Special Assessment Southeast 17th Street - Drainage The Council discussed the drainage problem that has been created by the construction of the Honey Bee Pancake Restaurant. Administrator Fellows advised that one of the residents of the area has decided she will receive no benefit from the drainage project, therefore, wishes to retract her previous agreement to contribute Three Hundred Dollars ($300.00) towards the cost. The Council discussed the sitation at length, along with an alternate suggestion to drain the excess water beginning from the Pancake House west to Parrott Avenue. It was the general consensus of the Council that the Pancake House has created the problem therefore should carry the burden of expense. Administrator Fellows was instructed to work it out with the principals involved. COUNCILMAN CHAPMAN - Warrant Registers Councilman Chapman moved that the Water and Sewer Warrant Register in the amount of Thirty - Three Thousand Three Hundred Thirty -Four and 68 /100ths Dollars ($44,334.68) and the General Fund WArrant Register in the amount of Twenty -Nine Thousand Two Hundred Seventy -One and 76 /100ths Dollars ($29,271.76) be approved as presented, seconded by Councilman Knight. Motion carried. - Marking City Streets Councilman Chapman brought up for discussion the need for marking the City streets center lines and parking. Administrator Fellows noted he had received a quote from a Fort Pierce firm of Ten Thousand Dollars ($10,000.00). The Council authorized the Administrator to work up specifications for bids. COUNCILMAN WATFORD - Central Florida Regional Planning Council Councilman Watford noted that the Central Florida Regional Planning Council is holding and open house Wednesday and invited all to attend. AGENDA ITEM #XIII - ADJOURNMENT There being no further business to be brought before the Council the meeting adjourned at 9:25 P.M. ATTEST: Bo nie S. Thomas, CMC City Clerk City of Okeechobee ward 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 OCTOBER 3, 1983 7:00 P.M. I. Call to Order II. Invocation - Councilman Dowling Watford, Jr. III. Pledge of Allegiance - Mayor Edward Douglas IV. Action by the Council relative to payment to Sun Coast Painting for work on the city water tower east of City Hall. V. Public hearing to receive input from the citizens of Okeechobee relative to possible projects for inclusion in a Small Cities Community Development Block Grant applicatio. VI. Action by the Council to authorize Broome, Van Ostran and Associates to revise the 201 Area-wide Wastewater Treatment plans and specifications in line with recommenda- tions made by Law Engineering for the spray irrigation site and relocation of the plant. VII. Report by Councilman Watford on his appearance before the County Commissioners relati to a requested increase from 16% to 19% of the fifth and sixth cent gasoline tax and final action on the County Resolution relative to Double Taxation. VIII. Appearance of Andy Rubin for purposes of discussing a petition objecting to special assessments for maintenance of city streets and to discuss the recently adopted ordinance relative to allowing county residents owning property in the city to vote in city elections. IX. Proclamation of the Mayor calling a special election for November 8, 1983 to allow residents to vote on several proposed changes to the Charter and Code of the City of Okeechobee. X. ** Mayor to call on anyone in the audience wishing to address the Council. XI. XII. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and/or requests. XIII. Adjournment. X. ** Adoption of a Resolution to the Farmers Home Administration for a loan in the amount of $2,212,900.