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1983-11-21 Regular Meeting3382 83 -2 83 -82 REGULAR MEETING MONDAY, NOVEMBER 21, 1983 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida at 7:04 P.M. Chairman Edwarad W. Douglas called the meeting to order with the following Councilmen present: Edwaard W. Douglas, Chairman James H. Knight, Vice Chairman Dowling R. Watford, Jr. Oscar Thomas Oakland Chapman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia J. Wilkerson, Deputy Clerk AGENDA ITEMS #II & #III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Chairman Douglas followed by the Pledge of Allegiance. AGENDAY ITEM #IV - APPROVAL OF MINUTES Chairman Douglas called for approval of the minutes of the regular meeting of November 7,1983. Councilman Knight made a motion to approve the minutes, Seconded by Councilman Watford. Motion carried. AGENDA ITEM #V - CANVASS OF SPECIAL CITY ELECTION HELD NOVEMBER 8, 1983 Chairman Douglas read the Certificate of Canvassing Board as follows: CERTIFICATE OF CITY CANVASSING BOARD STATE OF FLORIDA OKEECHOBEE COUNTY, CITY OF OKEECHOBEE We, the undersigned, Edward W. Douglas, James H. Knight, Dowling R. Watford, Jr., Oscar Thomas and Oakland Chapman, City Councilmen, Bonnie S. Thomas, City Clerk, constituting the Board of City Canvassers in and for said City, do hereby certify that we met in the City Council chambers on the 21st day of November, A.D., 1983, and proceeded to publicly canvass the votes given for the four amendments to the City Charter herein specified at the SPECIAL CITY ELECTION held on the Eighth day of November, A.D., 1983, as shown by the returns on file in the office of the City Clerk, 55 Southeast Third Avenue, Okeechobee, Florida. We do hereby certify from said returns as follows: For Amendment #1 the whole number of votes cast was 300 of which number FOR received 139 Votes AGAINST received 161 Votes For Amendment #2 of votes cast was FOR AGAINST 297 received received 119 178 the whole number of which number Votes Votes For Amendment #3 the whole number of votes cast was 300 of which number FOR received 1P? Votes AGAINST received 178 Votes For Amendment #4 the whole number of votes cast was 305 of which number FOR received 56 Votes AGAINST received 249 Votes The whole total number of persons who voted in the City for the Special City Election 3383 307 TOTAL /s/ OAKLAND CHAPMAN City Councilman /s/ OSCAR THOMAS City Councilman /s/ JAMES H. KNIGHT City Councilman /s/ DOWLING R. WATFORD, JR. City Councilman /s/ EDWARD W. DOUGLAS, D.C. City Councilman /s/ BONNIE S. THOMAS City Clerk /Supervisor of Elections NOVEMBER 21, 1983 Date Chairman Douglas passed the certificate for Council's signatures. Chairman Douglas read the Resolution as follows: RESOLUTION NO. 83 -14 WHEREAS, the City Council of the City of Okeechobee, Florida, sitting as a board of canvassers, has canvassed the returns of the City Special Election held November 8, 1983, and WHEREAS, the Amendments: NO. 1 CITY CHARTER AMENDMENT ARTICLE III, SECTION 10 Proposing an amendment to the City Charter regarding the date of elections. This amendment would change the city election date so it would fall on the same date as the county election doing away with the expense of two separate elections. NO. 2 CITY CHARTER AMENDMENT ARTICLE III, SECTION 10 (a) Proposing an amendment to the City Charter regarding the manner of electing Councilmen. This amendment would require candidates running for the City Council to qualify for a particular seat. This would sharpen the issues since the candidate and the incumbent would know who their opposition was and it would eliminate the possi- bility of a person being elected to a City Council seat with less than a majority vote. NO. 3 CITY CHARTER AMENDMENT CHAPTER 6, SECTIONS 6 -3, 6 -8 Proposing an amendment to the City Charter to specify that candidates running for office must qualify by seat number and also providing that for a candidate to win a seat on the City Council he must receive a majority of the votes cast for that seat. NO. 4 CITY CHARTER AMENDMENT ARTICLE III, SECTION 11 Proposing an amendment to the City Charter to provide that persons who own real property within the city limits but are residents of the county may vote in city elections. as shown in the results of the Certificate of the City Canvassing Board, none of said amendments were passed by the referendum vote of November 8, 1983, 3384 83 -93 83 -17 83 -16 NOW, THEREFORE, BE IT RESOLVED, that Amendments 1, 2, 3, and 4 failed and they are hereby declared not passed. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to place the resulkts of this referendum in its proper place of record. PASSED AND ADOPED in regular session this 21st day of November, A. D., 1983 Chairman Douglas called for a vote on the Resolution. Councilman Chapman moved that the Resolution be accepted. Motion was Seconded by Council- man Watford. Chairman Douglas asked for any further discussion. Councilman Watford asked why some of the absentee ballots were voided. Clerk Thomas explained that certain procedures required were not followed by the people voting by absentee ballots, therefore, those certain ballots had to be disqualified. AGENDA ITEM #VI - L.P. SANITATION - REQUEST FOR RATE INCREASE Chairman Douglas introduced the next agenda item being a request from L.P. Sanitation for a rate increase. Co -Owner of L.P. Sanitation, Ray Hoekstra, Jr., gave Council a brief explanation of the need for a rate increase. Chairman Douglas asked for discussion on the request. After discussion from Council members and Mr. Hoekstra, it was recommended by the Council that an ordinance should be drawn up and the proper hearings be set for Council's and citizen's input, concerning the possibility of a rate increase. Councilman Thomas made a motion to set this matter for First Reading of Ordinance December 5, 1983, at which time, L.P. Sanitation will present their current financial documents. Motion was seconded by Councilman Knight. Motion carried. AGENDA ITEM #VII - BIDS - LIFE INSURANCE Chairman Douglas opened the floor for discussion regarding the bids for life insurance, LTD insurance and Health insurance for the period beginning December 1, 1983. Administrator Fellows gave a brief summary of the different bids received on Life Insurance. After discussion, it was decided by Council to accept Alternate #1 as follows: Alternate #1 $100 Deductible, Pays 80/20 of 1st $2,500. $8,318. 100% thereafter Maximum out of pocket expense - $600 /individual Upon motion by Councilman Watford and Seconded by Councilmen Chapman & Knight, the motion carried. Chairman Douglas brought up for discussion which insurance company to go with. Councilman Watford moved to accept Alternate #1 with the Florida League of Cities. Councilman Chapman Seconded the motion. Motion carried. Council then asked Mr. John Roy Ard of Berger Insurance Agency to research the possibility of a modified self insurance policy between the City and County. AGENDA ITEM #VIII- 2 Surplus Police Cars Chairman Douglas brought up for discussion what action to take on the disposing of 2 Surplus Police Cars. Chairman Douglas also said it had been requested that the City donate the cars to the School Board for Drivers Ed Program at the High School. After discussion, Councilman Chapman made a motion to donate the cars to the School Board for Driver's Ed. The motion was Seconded by Councilman Knight. Chairman Douglas asked for any further discussion on the subject. Councilman Watford then stated, "I think that is a very good idea, the City will, if in fact the motion is passed, the City will create some good will here, it's good publicity, but I don't feel it's justified and I think the school can afford to furnish its own Drivers Ed vehicles. We were asked once to donate a fire truck to the Boy's School but we didn't and there are a lot of other things we could do." 3385 83 -91 83 -94 83 -95 83 -96 Chairman Douglas called for a vote on the motion. Chairman Douglas and Councilmen Chapman, Knight & Thomas voted "4es ". Councilman Watford voted "no ". Motion carried. AGENDA ITEM #IX - Discussion concerning different methods of the reduction and /or removal of Trihalomethanes (THM's) Chairman Douglas brought up the discussion regarding utilizing the Consultants Competitive Negotiation Act to receive proposals for engineering studies on the city water supply for the removal and /or reduction of THM's. Discussion was held by the Consulting Engineer, Director Fortner and Council members, concerning which was the best treatment for the City to use in our situation. Three treatments were discussed (1) reverse osmosis (2) ozonation (3) amonia. It was decided, by the Council, that ozonation would be the most beneficial. Therefore upon motion by Councilman Chapman and Seconded by Councilman Thomas, Council instructed staff to proceed with the ozonation study and to seek competitive bids. AGENDA ITEM #X - FIRST READING - ORDINANACE FOR LIQUID PROPANE GAS AND THE SETTING OF A PUBLIC HEARING Chairman Douglas read the ordinanace by title only as follows: AN ORDINANACE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE FLORIDA; AMENDING CHAPTER 10, ARTICLE I, SECTION 10 -15 TO PROVIDE A NEW CATAGORY (58A) LIQUID PETROLEUM AND PROPANE, RETAIL SALES; PROVIDING AN EFFECTIVE DATE. Chairman Douglas opened the floor for discussion. Fire Chief Tomey spoke to Council concerning the necessity of adopting an amendment to the city occupational license ordinance requiring an occupational license provision for liquid propane gas retail sale. There was discussion between Council and Chief Tomey. Upon a motion by Councilman Knight and Seconded by Councilman Watford, the matter was tabled and staff was instructed to check into the matter. AGENDA ITEM #XI - FIRST READING - ORDINANCE - GARAGE SALES Chairman Douglas introduced the next agenda item and read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10 TO CREATE ARTICLE III PROVIDING RULES AND REGULATIONS FOR GARAGE SALES; PROVIDING AN EFFECTIVE DATE. Discussion ensued. There were comments from Council and citizens present opposing the passing of the ordinance. It was decided by Council not to take any further action, therefore the matter died for lack of a motion. AGENDA ITEM #XII - MAYOR TO CALL ON AUDIENCE Citizen Andy Rubin expressed his gratitude to the Council concerning it's action at the meeting concerning several agenda items. AGENDA ITEM #XIII - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS. CITY CLERK - MUNICIPAL CLERKS AND FINANCE DIRECTORS EDUCATIONAL INSTITUTE Clerk Thomas gave Council a brief overview of subject matters she attended at the Government Career Institute for Municipal Clerks and Finance Directors. The Clerk stated the fact that of the 5 such institutes attended, 3 years have been devoted in completion of the requirements necessary in obtaining the designation of Certified Municipal Clerks. The last 2 institutes have now been completed by the Clerk of the 3 years necessary in com- pleting the requirements of the Finance Director's Program. -- 3386 83 -75 38 -98 83 -73 83 -18 83 -20 83 -97 83 -86 The Clerk expressed thanks and appreciation to the Council for its foresight in understand- ing the necessity of attendance to these institutes by the department heads which enables the City to progress professionally. This is shown by the Council's support in continuing to make the funds available as it upgrades the system and gives an advantage to the City Government. - WARRANT REGISTERS Clerk Thomas presented the Warrant Registers for Council's approval. ATTORNEY CONLON - CAPTAIN D'S - DEED EXCHANGING PROPERTY - MAYOR'S & CLERK'S SIGNATURES Attorney Conlon presented to the Mayor and Clerk a deed for property description as follows: THAT CERTAIN ALLEYWAY LYING IN BLOCK 7, BEING 15 FEET WIDE AND BORDERED ON THE EAST BY LOTS 4, 5 AND 6 BEING BORDERED ON THE WEST BY LOTS 10, 11 AND 12, ALL COMPRISING A PORTION OF BLOCK 7, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY FLORIDA. SUBJECT TO RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD, IF ANY, AND TAXES SUBSEQUENT TO 1983. exchanging the property. The Mayor and Clerk signed this deed as specified. ADMINISTRATOR FELLOWS - ABSENCE OF A CATCH BASIN AT COMET CLEANERS. Administrator Fellows brought up for discussion the lack of a catch basin located at Comet Cleaners. The Administrator noted that a catch basin was not put in at the same time the parking lot was built. He then explained the dangers because a catch basin was not profided. Mr. Fellows further stated the owner, Wallace Norton, has agreed to pay 2 of the cost ($500.00) for the provision of a catch basin. - REQUEST FOR N. W. 7TH AVENUE BE PAVED BY SPECIAL ASSESSMENT Administrator Fellows read a request from James 0. Attaway, L. H., Pearson, and Rucker Wilcox as follows: Dear Mayor and City Council Members: Please consider our requst for the paving of the Northwest 7th Avenue extension by special assessments as provided by the Florida Statutes. We also wish you to consider the installation of the water mains in this area by special assessment. We thank you for your consideration of these matters. Discussion was held by Council concerning the request. It was the concensus of the Council to instruct Administrator Fellows and Attorney Conlon to proceed with the necessary work that would be involved in providing for the paving of the street by tax assessment as discussed. COUNCILMAN CHAPMAN - APPROVAL OF WARRANT REGISTERS Councilman Chapman moved to approve the Warrant Registers for the General Fund for $20,017.61 and $102,123.97 and the Water and Sewer Fund for $15,011.23 and $26,067.37. Motion was seconded by Councilman Thomas. Motion carried. ENGINEER BROOME - UPDATE ON THE 201 FAEILITY PLANT Engineer Broome gave an update on the 201 Facility Plant. He stated that the City has com- plied so far with the DER and we have met our deadlines and we did not have to request an extension He then stated all that was needed was for Director Fortner to obtai n certain necessary permits from the Department of Transportation and the County. COUNCILMAN KNIGHT - SETTING DATES FOR CLEAN -UP PROCLAMATION Councilman Knight requested that the first 2 weeks in December be set by Proclamation as Clean -Up weeks for the City. Administrator Fellows will draw up Proclamation Declaration for the Mayor's signature in time for publication. COUNCILMAN WATFORD - STATUS OF THE BEAUTIFICATION PROJECT Councilman Watford inquired as to the status of the Beautification Project at the present time. Administrator Fellows proceeded to give an update and stated that John Leggett is the Chair- man and Coordinator and he is contacting different organizations seeking their involvement in the Beautification Program. 1 i 1 III n T 3387 3 83 -99 83 -86 83 -100 83 -101 FIRE CHIEF TOMEY - VOLUNTEER FIREMAN'S GOSPEL SING Chief Tomey noted that the Volunteer Firemen will have a Gospel Sing to be held at Crystal Lakes on Friday, December 16th at 7:30 P.M. COUNCILMAN THOMAS - BARRICADE ON S. W. 11th AVENUE Councilman Thomas asked Director Fortner to check the barricade on S. W. 11th Avenue because he thought it needed more ribbon tied to it to make it more noticable to the Public. Director Fortner said he would take care of the situation. ADMINISTRATOR FELLOWS - LANDSCAPING MEDIANS Administrator Fellows explained why the Council was "sort of in the dark" about the land- scaping of the medians. Administrator Fellows said that in order to motivate the community we tried to get the majority of the project paid for by private donations and we had to give them something to make them feel like 'Hey we really have something here - let's go out and really sell it to the businesses.' Upon Councilman Watford's request, Administrator Fellows stated that he would give the Council a progress report on the project in the future. DIRECTOR FORTNER - REQUEST FOR 2 NEW EMPLOYEES - PERMITS FOR SIGN IN MEDIANS Director Fortner requested the possibility of adding 2 more street employees because of the additional work load involved in both paving and care taking of the newly landscaped medians on South 441. Director Fortner cautioned the Council that it would be necessary for the City to obtain the proper permit from the Dept. of Transportation to erect a sign in the subject areas involved in the landscaping. COUNCILMAN CHAPMAN - HIGHWAY 441 SOUTH - LIMBS NEED TRIMMING Councilman Chapman stated there were some limbs on 441 South which were growing out over the sidewalks that needed to be trimmed. Director Fortner stated they would be taken care of. AGENDA ITEM XIV - ADJOURNMENT There being no further business, the meeting was adjourned at 9:50 P.M. ,..7 Edward W. Douglas, D.C. Chairman City of Okeechobee ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE 3388 83 -2 83 -102 REGULAR MEETING MONDAY, DECEMBER 5, 1983 The City Council of the City of Okeechobee, 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 Knight, Vice Chairman Dowling R. Watford, Jr. Oscar Thomas Oakland Chapman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEMS # II & #III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Councilman Watford, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Chairman Douglas called for any deletions or additions to the minutes of the November 21st Regular Meeting. Councilman Watford noted that on the top of page 3, it did not state that the motion was carried. Chairman Douglas asked if there were any other additions or deletions. With no further comments, Councilman Watford moved to approve the minutes of the November 21st Regular Meeting as amended, Seconded by Councilman Thomas. Motion carried. AGENDA ITEM #V - BEAUTIFICATION OF FLAGLER PARK Chairman Douglas introduced John Abney and Kirby Faircloth representing the Contractors Association and the Chamber of Commerce. Mr. Abney stated that the Contractors Association would like to build a pavilion (40' x 25') in the 3rd park downtown for the public's use, with Council's approval. At this time Mr. Abney showed a drawing of the pavilion to Council. Councilman Watford asked if the Contractor's Association or the Chamber of Commerce would assume the responsibility for the maintenance needed on the pavilion. Mr. Abney stated, "No, I think it would be the City's since we donated it to you ". There was further discussion by the Council concerning the request. Chairman Douglas called for a vote. Councilman Knight moved to approve the request, Seconded by Councilman Thomas. Chairman Douglas asked for any further discussion . Councilman Watford requested that before any construction started, have the contractors appear before the Council again to make sure everything is correct as far as the electricity, the placement of the building, etc. He also said that he would like to see the entire design of the building. Mr. Abney stated that they would concur with Council's request. Chairman Douglas asked for any further discussion. There was none. Motion carried. Kirby Faircloth representing the Chamber of Commerce stated that they would like for the City to take over the Christmas decorations for the streets and parks within the City. He further stated, "This has become a burden for the Chamber (the storage and upkeep for the decorations), and we want relief from this ". After discussion among the Council, Chairman Douglas stated the Council would be thinking on the matter. 1 � - 1 I III I L AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING NOVEMBER 21, 1983 7:00 P.M. I. Call to Order II. Invocation - Mayor Edward Douglas III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of November 7, 1983. V. Canvass of the special election held on November 8, 1983 and certification of the results. VI. Consideration of a request by L.P. Sanitation for a rate increase. VII. Discussion regarding the bids for Life Insurance, LTD Insurance and Health Insuran for the period beginning December 1, 1983. VIII. Action to dispose of two surplus Police cars. IX. Discussion regarding utilizing the Consultants Competitive Negotiation Act to receive proposals for engineering studies on the city water supply for the removal and /or reduction of Trihalomethanes (THM's). X. Introduction and first reading of an ordinance amending the city code to provide a category for Liquid Propane Gas retail sales and the setting of a public hearing for January 2, 1984. XI. Introduction and first reading of an ordinance providing rules and regulations for conducting garage sales or yard sales and setting a public hearing for January 2, 1984. XII. Mayor to call on anyone in audience wishing to address the Council. XIII. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and /or requests. XIV. Adjournment.