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1983-12-05 Regular Meeting3388 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. 3389 - 83 -93 83 -94 83 -103 AGENDA ITEM #VI - FIRST READING - ORDINANCE - RATE INCREASE, L.P. SANITATION Chairman Douglas introduced the next agenda item and read the ordinance by title only as follows: AN ORDINANCE AMENDING ORDINANCE NO. 432 RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING ARTICLE III, SECTION 10 -31 TO PROVIDE AN INCREASE IN RESIDENTIAL COLLECTION FEES; AMENDING SECTION 10 -32 TO PRO- VIDE AN INCREASE IN THE DUMPSTER FEE SCHEDULE; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked if anyone in the audience had any objections to the ordinance being set for Public Hearing. Citizen Andy Rubin stated he had no objections but he asked if L.P. Sanitation had submitted their financial report as requested by Council in the prior meeting. Administrator Fellows answered, "I spoke with the auditor for L. P. Sanitation who stated that the audit report would be prepared the week of December 19th, which will give the Council almost 3 d: weeks to study it over before the Public Hearing on January 9th. Chairman Douglas called for a vote. Councilman Chapman moved to set the ordinance for Public Hearing, Seconded by Councilman Knight. Motion carried. Chairman Douglas asked the owners of L. P. Sanitation if they had any comments to make. Ray Hoekstra noted a few of the reasons why the City's rate is much lower than the County's rate. And he also gave Council a few of the comments made by City business owners agreeing to the rate increase. Councilman Chapman asked Mr. Hoekstra if the rates at the County dump were going up also. Mr. Hoekstra stated that he has heard some talk about the increase, but he has not been approached on it yet. AGENDA ITEM #VII - DISCUSSION POSSIBLE ORDINANCE - LIQUID PETROLEUM GAS Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10, ARTICLE I, SECTION 10 -15 TO PROVIDE A NEW CATEGORY (58A) LIQUID PETROLEUM AND PROPANE, RETAIL SALES; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for any further discussion on the ordinance. Councilman Knight stated he had requested further study to be done on the sale of propane gas. Administrator Fellows stated this was researched and all that was needed was to create this category. There was further discussion by Council. Councilman Watford moved to amend the Gasoline Retail License to include all fuel items including gasoline, diesel & L. P. Gas, Seconded by Councilman Chapman. Chairman Douglas asked for any further discussion. With no response, Chairman Douglas called for vote. Motion Carried. Administrator Fellows will draw up the ordinance for first reading on January 9th. AGENDA ITEM #VIII - BID TABULATIONS - STRIPING OF CITY STREETS Chairman Douglas stated the City had received some bid tabulations on the striping of the City streets. Chairman Douglas then asked for discussion. After a lengthy discussion concerning the most efficient and beneficial way to handle the striping of the City streets, Councilman Watford made a motion to authorize up to $30,000.00 for the striping of business streets, parellel parking lines, and stopping guards. Councilman Chapman seconded the motion. Chairman Douglas called for vote. All Councilmen were in favor. The motion carried. The press asked Council, "To whom was the bid awarded ?" Administrator Fellows stated, "Best Striping, Inc. of Loxahatchee ". Citizen Andy Rubin asked how many bids were received. At this time, Councilman Watford asked that his motion be amended to specity that we accept the lowest bid from Best Striping, Inc. The motion was Seconded by Council Chapman. 3390 83 -104 83 -105 Chairman Douglas called for vote. Motion carried. The Press then asked, "One more question, when Councilman Watford made the motion authorizing payment up to $30,000.00, what was the total bid from this company ?" Councilman Watford answered, "$58,605.00." AGENDA ITEM #IX - DISCUSSION BY COUNCIL - RESOLUTION - SETTING COMPETITIVE BIDDING LIMIT Chairman Douglas introduced the next agenda item relative to the desirability of adopting a Resolution setting a competitive bidding limit for material and /or labor on construction projects. Chairman Douglas read the Resolution as follows: WHEREAS, the City Council by motion had previously set the limit on the expenditure of materials and /or labor for projects by simple motion, and WHEREAS, it is the desire of the City Council to formalize the regulations regarding competitive bidding, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: 1) On all projects involving the use of material and /or labor cost of which exceeds , the City shall seek competetive bids. 2) The provisions of this resolution shall not apply to activities covered by the Consultants Competitive Negotion Act or other services of a professional nature. After the reading of the Resolution, Chairman Douglas stated that he felt because of-inflation, the competetive bidding limit needed to be raised a little from $2,500.00 He then asked for Council's opinion. Council discussed the matter. Councilman Thomas stated he was satisfied with the $2,500.00. Councilman Chapman stated that he did not mind the $3,500.00 as long as the department heads would still come before the Council. After further discussion, Chairman Douglas asked for vote. Councilman Watford suggested that anything over $4,000.00 we bid out. And anything over $2,500.00 have Council's approval. Councilman Knight stated he had no problem with the amount ($3,500.00) because anything would have to have Council's approval regardless. Chairman Douglas asked for official action. Councilman Watford moved to make anything under $3,500 not require a bid, but anything over $2,500.00 require Council's approval. Councilman Watford withdrew his motion. Councilman Chapman then made a motion to set the competitive bidding limit to $3,500.00 instead of $2,500.00, seconded by Councilman Knight. Chairman Douglas called for a vote. All Councilmen were in favor except for Councilman Thomas, who voted no. Motion carried. AGENDA ITEM #X - APPROVAL OF ENGINEERING PROPOSALS - CONSULTANTS COMPETITIVE NEGOTIATION ACT Chairman Douglas introduced a recommendation from the Administrative staff on approving the selection of engineering proposals one, two & three in accordance with the provisions of the Consultants Competitive Negotiation Act and authority to negotiate a contract price with the appro- priate firms in accordance with the Florida Statutes. Discussion was held by Council members, Administrator, Attorney Conlon, Director Fortner and Engineer Broome concerning the Engineering proposals and the setting of a special meeting date. After the discussion, Councilman Knight made a motion to approve as the first selection the proposal of Environmental Science and Engineering Corporation of Gainesville, then set a special daytime meeting for the Council after we find out the results of the negotiations with this firm from our staff. Councilman Chapman seconded the motion. Motion carried. 3391 83 -106 83 -107 83 -108 AGENDA ITEM #XI - BID TABULATIONS - TRACTOR /HYDRAULIC MOWER Chairman Douglas noted receipt of bid tabulations and recommendations relative to the possible purchase of a new tractor /mower for the Street Division of the Department of Public Works. Director Fortner explained a few of the features of the new tractor /mower to the Council. After discussion, Councilman Thomas moved to accept the low bid of $25,120.00 from Sunrise Ford of Ft. Pierce. Motion was seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XII - FIRST READING - ORDINANCE - STREET PAVING AND SETTING OF A PUBLIC HEARING Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA TO REPEAL IN ITS ENTIRETY ARTICLE XII, STREET PAVING; PROVIDING FOR THE CREATION OF A NEW ARTICLE DESIGNATED III TO BE INCLUDED IN CHAPTER 13 OF THE OKEECHOBEE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. The Chairman further stated this was in regards to providing rules and regulations for the paving of city streets and levying of special assessments and setting of a Public Hearing on January 9, 1984. Chairman Douglas asked for further discussion. After discussion by Council members, Councilman Knight moved to set the matter for Public hearing on January 9, 1984. Motion was seconded by Councilman Watford. Chairman Douglas asked if there was anyone in the audience wishing to make a comment. Citizen Andy Rubin addressed Council and noted that $75,000.00 has already been taken out of the Paving Fund for other things besides paving. He stated that this was what the cash reserves was for. Councilman Watford answered Mr. Rubin's comments by stating, "Anything to do with street improvements is located under that fund (line item) such as drainage, striping, etc." Councilman Watford went on to say, "It seems like we (the City) are being asked to solve a problem that has grown over the years just like that or immediately, unfortunately, things don't happen like that. We have to do the best we can with the amount of money we have. It would be nice to pave every street in the city right now but that's not possible. Resources have to be used out of other areas and to the best of our ability, we try to allocate them. I think the city has a good pavement plan and it is coming along. It's going to take some time but you can't neglect other areas just to pave. This money was budgeted under 'Street Improvements', striping would certainly be an improvement" There was further discussion as to the budget line item "Street Improvements ". Chairman Douglas asked for any further discussion before Council voted on the motion. There being no further discussion, Council voted on the motion. All Councilmen were in favor of setting the matter for Public Hearing on January 9, 1984. Motion carried. AGENDA ITEM #XIII - AGREEMENT - MAINTENANCE SERVICES BETWEEN CITY AND OKEECHOBEE REHABILITATION FACILITY Chairman Douglas brought up the next item on the agenda being action by the Council to authorize the Mayor and execute an agreement for maintenance services between the city and the Rehabilitation Facility for the maintenance of City landscaping. Administrator Fellows stated that this request was brought up before the Council the first time we had $300.00 proposed and since that time other medians were landscaped. And if we could add $50.00 (total $350.00) it would take care of all the medians. Councilman Watford asked about the City's maintenance man handling the maintenance on the city's (landscaped medians) property. Administrator Fellows answered by stating that the city needs someone who loves to work with plants, one who knows how to fertilize them,how to keep them and help them to flourish. He went on to say that the city needs someone to do more than just clip and trim them. The city needs to make sure we do the best for the investment we are putting in the plants, etc. Councilman Watford then asked about the upkeep of the property at the Chamber of Commerce, Swimming Pool, and Library. Administrator Fellows stated that the City has just become aware of the fact that we own the property, and that they were listed on the County's tax roll prev- iously, but they actually belong to the city. T m Ti 3392 83 -29 83 -51 83 -9 Following discussion as to the owners of the property, the Chairman called vote. Councilman Chapman moved to let the Rehab take care of the property for $350 /month to be paid from the Parks and Recreation Budget line item. Councilman Knight seconded the motion. Motion carried. AGENDA ITEM #XIV - CANCELLATION OF REGULAR MEETING 12 -19 -83 AND RESCHEDULING 1 -2 -84 Chairman Douglas noted the next item was the cancellation of the regular meeting of December 19, 1983 and the rescheduling of the January 2nd, 1984 meeting. Chairman Douglas asked for Council's vote after the discussion. Councilman Thomas moved to cancel the December 19, 1983 Regular meeting and the rescheduling of the January 2, 1984 Regular meeting to January 9, 1984. Motion was seconded by Councilman Chapman. Motion carried. AGENDA ITEM #XV -MAYOR TO CALL ON AUDIENCE Chairman Douglas asked if there was anyone in the audience wishing to address the Council. Citizen Andy Rubin addressed Council on the following matters: (1) the date of the receipt of the financial report from L. P. Sanitation, (2) Christmas lights, (3) REhabilitation agreement with City and (4) Agenda Items #9 and 10. Chairman Douglas asked Council about the advertising of the Special meetings and the re- scheduled meetings and the possibility of an additional Special meeting. Clerk Thomas stated that she would see to the advertising of the meetings and would also post the necessary signs at the City Hall for the public. AGENDA ITEM # XVI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS CITY CLERK - WARRANT REGISTERS Clerk Thomas presented the Warrant Registers for Council's approval - Progress Report Painting of City Hall Clerk Thomas gave the Council a progress report on the painting of City Hall; giving details of each days work /progress. CITY ADMINISTRATOR - POLICE DEPARTMENT 2 ND FLOOR - CONTRACT DRYWALL Administrator Fellows stated the Police Chief has recommended that we contract out the drywall. This is the only part of the construction we need to contract out. They have received 2 bids - 1 from Ronnie Watts and the other from Conley Drywall. One is for $2,700.00 and the other for $2,677.00. It is the recommendation of the Building Inspector and the Police Chief to go with the $2,700.00 on the basis that they are going to apply more coating than the other contractor. Council discussed the matter briefly. Councilman Thomas made a motion to accept the bid of $2,700.00 from Conley Drywall. Councilman Chapman seconded the motion. Motion carried. - CLOSING OF THE FLORIDA STATE EMPLOYMENT OFFICE Administrator Fellows stated that if anyone had any questions concerning the closing of the Florida State Employment Office he would check into it further. - FIRE CHIEF TOMEY - EMPLOYEES - CPR TRAINING Administrator Fellows noted the Fire Chief had previously indicated that he would like to have the Council discuss the possibility of initiating some CPR classes for the employees. At this time he turned over the discussion to Chief Tomey for further explanation of the request. Chief Tomey said that he thought that having the city employees trained in CPR would be a great thing to have in case of an emergency. Chief Tomey said the price would only be about $3.00 for the literature, and the classes would be for 16 hours over a period of 6 weeks, which could be during work hours or they could be at night whichever the Council or the employees wishes. Council discussed the situation briefly and decided not to make the CPR classes mandatory but leave the decision up to the department heads. - Glades Correctional Institute - Hay The Administrator asked Council if there were any further questions about Mr. Turner at the Glades Correctional Institution regarding hay being cut on property. There was no response from Council. 3393 - 83 -38 ' 83 -18 83 -90 83 -109 - Fence on City's Property Administrator Fellows stated that the title search seems to on the city's right of way and Mr. Jones needs to be notified by mail as a right of way and since there is no use for the right of way can continue to leave it there for now, but in case the city needs to move it. situation briefly. this was not a situation to get into a lawsuit over, so a letter be sufficient. found • In reference to the fence, indicate that the fence is that the city recognizes this at the present time that he the use of it he will have Council discussed the Attorney Conlon stated notifying the owner would Council agreed. - Bond Ordinance #487 mistake Administrator Fellows stated, "In reading over the bond ordinance, I found a mistake, and with Attorney Conlon's assistance, we have prepared an ordinance for you to consider and ask that the ordinance be set for Public Hearing On January 9th." Administrator Fellows further stated that he had notified Southern Municipal Bonds of the mistake and an official statement was being prepared. After discussion Chairman Douglas read the title as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS AND IMPROVEMENTS TO THE WATER & SEWER SYSTEM AND THE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $3,212,900 WATER AND SEWER REVENUE BONDS, SERIES 1983, TO FINANCE PART OF THE COST OF SUCH PROJECT AND THE REFUNDING; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS; MAKING CER- TAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTIONS THERWITH; AMENDING ORDINANCE NO 356 OF THE CITY, SERIES 1972, IN CERTAIN RESPECTS SO AS TO ENHANCE THE MARKETABILITY OF THE BONDS; REPEALING ORDINANCE NO. 485, ENACTED ON APRIL 18, 1983, RELATING TO THE SAME SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for vote to set the matter for Public Hearing. Councilman Thomas moved to set the Public Hearing on January 9, 1984. Councilman Watford seconded the motion. Motion carried. COUNCILMAN CHAPMAN - Approval of Warrant Registers Councilman Chapman made a motion to approve the General Fund Warrant Registers for $51,107.13 and $40,364.74 and the Water and Sewer Fund Warrant Register for $32,947.72. Motion was seconded by Councilman Thomas. Motion carried. - Congratulations to Street Department & questions regarding other areas. Councilman Chapman stated that he wanted to congratulate the Street Department on the job well done on S. W. 11th Avenue. Councilman Chapman also asked if Director Fortner would check into the road conditions at several difference locations within the City. Director Fortner stated that he was aware of most of these situations and he would have them taken care of as soon as possible. COUNCILMAN WATFORD - Florida Regional Planning Council Councilman Watford Stated that the Florida Regional Planning Council will have their monthly meeting Wednesday, December 7, 1983, in Sebring. Councilman Watford then thanked the Police Department and Mr. Fellows for their endeavors with the Cancer Society drive. CHIEF LARRY MOBLEY - REQUEST FIRING RANGE IN CITY LIMITS Police Chief Mobley addressed Council and stated that Kevin Foster of Meekins Concrete has said that he would like to build a Firing Range on his commercial property on N. E. 7th Avenue only to be used by the Police Department and Law Enforcement Agencies, with the exception of Kevin Foster and the owner of Mike's Guns. Chief Mobley also said that he knows there is an ordinance preventing the use of fire arms within the city limits, but he felt that he had to ask the Council to take this into consideration. He said that he has been looking for property to T I HI I T 3394 83 -110 build this range for the past two years with no success. He went on to say that there would be shooting during daylight hours and some early evening firing after dark. Chief Mobley also said that the property owner would provide the dirt and sand for horseshoe shaped mound to prevent possible ricochets. Council discussed the request and decided they would like to study the matter some and not make any decisions immediately. CLERK THOMAS - MAKING SCHEDULE OF COUNCILMEN RECEIVING CHECKS Clerk Thomas asked the Council members at which time they wishes to receive their checks, (1) Receive both checks at the first meeting of the month, or (2) have the checks delivered to them as soon as they are printed (twice per month). Clerk Thomas noted either way would be fine with her. Council discussed the matter briefly and then stated they would like to receive both checks at the first meeting of the month. ADJOURNMENT Chairman Douglas reminded Council members of the Special meeting on December 9, 1983, and then adjourned the meeting at 9:28. ATTEST: BONNIE S. THOMAS, CMC City Clerk City of Okeechobee EDWARD W. DOUGLAS, DC 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 DECEMBER 5, 1983 7:00 P.M. I. Call to Order II. Invocation - Councilman Dowling Watford, Jr. III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of November 21, 1983. V. Appearance by John Abney and Kirby Faircloth representing the Contractors Association and the Chamber of Commerce to present ideas for the beautification of Flagler Park. VI. Introduction and first reading of an ordinance authorizing an increase in garbage charges for L.P. Sanitation, Inc. and setting a public hearing for Monday, January 9, 1984. VII. Further discussion by Council on possible need for an ordinance amending the Occupational License Ordinance of the City of Okeechobee to provide a category for Liquid Petroleum Gas dealers and setting of a public hearing for January 9, 1984. VIII. Receipt of bid tabulations and recommendations for the striping of certain city streets and parking areas and discussion by City Council on award of a contract. IX. Discussion by Council on the desirability of adopting a resolution setting a competitive bidding limit for material and/or labor on construction projects. X. Recommendations from the Administrator's staff on approving the selection of engineering proposals one, two and three in accordance with the provisions of the Consultants Competitive Negotiation Act and authority to negotiate a contract price with the appropriate firms in accordance with Florida Statutes. XI. Receipt of bid tabulations and recommendations relative to the possible purchase of a new tractor and hydraulic mower for the Street Division of the Department of Public Works. XII. Introduction and first reading of an ordinance amending the Code of Ordinances of the City of Okeechobee providing rules and regulations for the paving of city streets and the levying of special assessments and setting of a public hearing for Monday, January 9, 1984. XIII. Action by the Council to authorize the Mayor to execute agreement for maintenance services between the city and the Rehabilitation Facility, Inc. for the maintenance of city landscaping. XIV. Action by the Council relative to canceling the regular City Council meeting of December 19, 1983 and rescheduling the January 2, 1984 meeting to January 9, 1984. XV. Mayor to call on anyone in audience wishing to address the Council. XVI. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and/or requests. XVII. Adjournment.