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1984-03-19 Regular Meeting3440 84 -1 84 -25 REGULAR MEETING MONDAY, MARCH 19th, 1984 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. Vice Chairman Knight called the meeting to order with the following Councilmen present: Vice Chairman James Knight Dowling Watford Oakland Chapman Chairman Edward W. Douglas and Councilman Oscar Thomas were absent. 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 Director L.C. Fortner, Jr., followed by the Pledge of Allegiance. UNITED TELEPHONE COMPANY'S PRESENTATION OF NEW PHONE BOOK COVERS Representative, Charles Bryan, of the United Telephone Company, presented plaques with the cover of the new telephone books to the Mayor (received by Vice Chairman Knight) and to Okeechobee News Reporter, Fran Kerce. AGENDA ITEM #IV - APPROVAL OF MINUTES - REGULAR MEETING OF MARCH 5th, 1984. Vice Chairman Knight asked for discussion on the minutes of the March 5th regular meeting. Councilman Chapman moved to approve the minutes as presented, Councilman Watford seconded the motion. Motion carried. AGENDA ITEM #V - INTRODUCTION - ORDINANCE - DEVELOPERS TO HANDLE WATER LINE AND SEWER LINE WORK WITHIN THEIR DEVELOPMENTS Vice Chairman Knight introduced the agenda time being an ordinance which would pro- vide that developers do all water line and sewer line work within their developments on the approval of the City Council and providing inspection and installation fees, and the setting of a public hearing for Monday, April 2nd, 1984. Vice Chairman Knight asked for comments from the audience. There were no comments from audience. Councilman Chapman moved to set a public hearing on April 2nd. Councilman Watford seconded the motion. Discussion ensued among Director Fortner, Councilman Watford and Engineer Broome concerning why it would be best for the developers to provide everything (main lines, ser- vice lines and meters) and then turn them over to the City. 3441 Vice Chairman Knight read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II, SECTION I8 -16 TO ALLOW DEVELOPERS WITH THE APPROVAL OF THE CITY TO MAKE WATER CONNECTIONS WITHIN A DEVELOPMENT; AMENDING SECTION 18 -17 TO PROVIDE INSPECTION FEES AND METER INSTALLATION FEES WHERE DEVELOPERS RAVE INSTALLED MAIN WATER LINES AND APPURTENANCES WITHIN A DEVELOPMENT; AMENDING CHAPTER 18, ARTICLE III, SECTION 18 -43 TO ALLOW A DEVELOPER TO MAKE SEWER CONNECTIONS WHEN THE DEVELOPER HAS INSTALLED THE MAIN SEWER LINE WITHIN A DEVELOPMENT; AMENDING SECTION 18 -43 PROVIDING ONE SEWER CONNECTION FOR GROUP HOMES, TOWN HOUSES AND OTHER BUILDINGS GROUPED CLOSE TOGETHER; AMENDING SECTION 18 -48 TO PROVIDE INSPECTION FEES WHERE A DEVELOPER HAS INSTALLED THE MAIN AND LATERAL SERVICE LINES; PROVIDING AN EFFECTIVE DATE. Vice Chairman Knight called for a vote to set the ordinanace for public hearing. All were in favor. Motion Carried. AGENDA ITEM #VI - REQUEST INDIAN RIVER COMMUNITY COLLEGE - EXEMPTION FROM CITY PUBLIC SERVICE TAX Vice Chairman Knight read a letter from the Indian River Community College as follows: "Dear Mr. Fellows: Indian River Carm pity College rents offices at 103 - 105 S.W. Second Avenue in Okeechobee. Florida Paver and Light Canpany has been collecting a Utility Tax cn the purchase of electricity for the ranittance to the local government. I am requesting a waiver of the Utility Tax and refund for taxes previously paid since the College is a tax exempt organization." Attorney Conlon stated, "The statute provides that the Council has the right to waive the tax, but we cannot waive it for just one government agency and not the other ". Administrator Fellows stated, "This could be handled Administratively, if the Council wished ". Council discussed the request briefly and decided to let the Administrator handle it. AGENDA ITEM #VII - DISCUSSION OF THE SCHEDULE OF COMPLETING SECOND STORY ADDITION - LAWSON CONSTRUCTION COMPANY Vice Chairman Knight stated the next item was the discussion by the Council on a schedule for finishing the outside of the Public Safety Building absent a satisfactory response from Lawson Construction, Inc., by 5:00 P.M. Friday, March 23rd. Councilman Chapman asked, "Have we received any response from Lawson ?" Administrator Fellows answered, "No. We received a copy of the letter he sent to his sub - contractors (putting them on notice of the action the city is taking) advising them that he would be looking to them for the payment ". Councilman Watford asked, "Should the City go ahead and have someone complete the building ?" Administrator Fellows explained, "Under the terms of the contract which was provided by Broome VanOstran, if there is defective work done, the City is obligated to notify the contractor - giving him a reasonable amount of time to respond and repair or replace the de- fective material. Then if there is no response or the work remains unacceptable - the contract allows the City to proceed to have the work done and charge it back to the contractor ". T 3442 84 -28 Councilman Watford asked, "What are our chances of collecting the money ?" Administrator Fellows answered, "We may have to take him to court ". Vice Chairman Knight asked for further discussion. Councilman CHapman asked how bad was the building. The Administrator stated, "The plaster they applied - you can see through it to the original blocks and the color was supposed to be white but it is anoff- white. Councilman Watford stated his main concerns were: one - being able to collect; secondly - how can we legally prove this defective. Councilman Chapman asked, "Was Mr. Lawson bonded ?" Administrator Fellows answered, "Yes - he was bonded, he has an insurance certificate. We may be able to work something through that - I don't know ". Clerk Thomas stated that we have already collected some insurance from him. Administrator replied, "Yes about ten thousand dollars ($10,000.00) for the damage that was done to the fire engines on the inside of the building ". Councilman Watford asked if it was the proper procedure to go ahead and fix it and charge it to the contractor. Attorney Conlon stated, "We put them on notice that this is the final attempts, that we are going to contract it out ourselves and charge it to them. All we can do is warn them and given them sufficient time to reply. The only reason we are going to have someone else fix it is because he won't come down and fix it ". Councilman Chapman asked, "Is the city going to pay the contractor ?" Administrator Fellows answered, "Yes ". Councilman Watford asked if we were going to wait until the 23rd as stated in the letter written to Mr. Lawson. The Administrator replied, "Yes ". Attorney Conlon suggested the City write a letter stating we were going to contract the job out. Council discussed the urgency of the situation briefly. Vice Chairman Knight asked, "Is it the concensus of the Council to wait until the 2nd of April for any action to be taken ?" Council answered, "Yes ". AGENDA ITEM 4 /VIII - RECEIPT OF A RECOMMENDATION FROM THE PLANNING & ZONING BOARD ON ADOPTING AN ORDINANCE AMENDING THE DISTRICT REGULATIONS INVOLVING THE SERVICE, STORAGE, REPAIR AND SALES OF MOTOR VEHICLES Vice Chairman Knight introduced the next agenda item being receipt of a recommendation from the Planning & Zoning Board on adopting an ordinance amending the supplementary district regulations to more precisely define limitations applying to structures of uses involving the service, storage, repair and sales of motor vehicles and setting of a public hearing for Monday, May 7, 1984. Vice Chairman Knight read the ordinance by title only as follows: 1 T 3443 AN ORDINANCE AMENDING APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 7 SUPPLEMENTARY DISTRICT REGULATIONS TO ADD AN ADDITIONAL PARAGRAPH TO BE NUMBERED 18; SAID PARAGRAPH 18 TO PROVIDE LIMITATIONS TO STRUCTURES AND USES INVOLVING THE SERVICING, STORAGE, REPAIR OR SALES OF MOTOR VEHICLES; PROVIDING AN EFFECTIVE DATE. Councilman Chapman stated, "I know there is a need, but what brought this up, a complaint ?' Administrator Fellows explained, "There have been a number of complaints about various alleged body shops operations, where the garage claims they are making repairs to fenders, doors. But in actuality,it seems to bean automobile salvage operation where they are striping out doors, etc. off the cars and leaving the stripped out automobiles outside." The Administrator further stated this has been recommended by the Planning & Zoning Board in which the auto body shops would have to have everything enclosed within a building, and no one will be allowed to park cars for sale out on the sidewalks." Councilman Chapman asked, "What about people wishing to work on their vehicles at their own home ?" The Administrator explained this ordinance applies only to commercial enterprises. Vice Chairman Knight addressed Andy Rubin who asked if the commercial enterprises had been notified of the ordinance and if the ordinance had been advertised. Council answered Mr. Rubin's comments by stating the Planning & Zoning Board had notified the business owners and advertised the ordinance amendment as required by the Florida Statutes. Citizen Andy Rubin asked Council if he could have a copy of Paragraph 18 (the proposed amendment). Council agreed to Mr. Rubin's request. Fireman Donnie Metzcher addressed Council and asked that Paragraph 18 be defined.for him. Administrator Fellows stated, "The ordinance does not allow anyone to take a car, take the parts off of it, stock the parts that could be used somewhere else and dispose of the junked car. In order for someone to do that, the ordinance would have to be amended." Discussion ensued among Councilmembers and Mr. Metzcher concerning the amendment. Councilman Chapman asked, "I know there is a need for this ordinance, but isn't there someway this (ordinance) canbe worded so that it doesn't hurt someone that wants to occasionally work on a car and not a wrecking yard ". Council discussed the wording of the ordinance briefly. Councilman Watford stated that if we were going to go ahead with the ordinance he would like to see the following changes: (1) amend the title to read: repair or sales of motor vehicles by commercial establishments (2) Sub - paragraph A and strike the words - by in- dividual private owners or operators of such vehicles, Sub - paragraph D - add the word service areas and strike the word 'other'. T T 3444 84 -28 Attorney Conlon stated that he could get with Administrator Fellows and work the wording out if Council wished. After further discussion by Council, it was decided to postpone the ordinance for further drafting. AGENDA ITEM #IX - PUBLIC HEARING - ORDINANCE - SPEED ZONES FOR HOUSES OF WORSHIP Vice Chairman Knight read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 17 TO ADD A NEW SECTION 17 -2 AND 17 -3 DESIGNATING SPEED ZONES IN THE VICINITY OF HOUSES OF WORSHIP AND SETTING HOURS THEREFORE; PROVIDING AN EFFECTIVE DATE. Vice Chairman Knight asked if there was anyone in the audience wishing to address the Council concerning the ordinance. Citizen Alfonzo Crowell addressed Council concerning the sign stands for the First Baptist Church in Dean's Court area. Mr. Crowell stated that he was told the signs were already ordered, then he received a telephone call from the secretary stating there had been a change in plans and that he would have to now pay $70.00 for these signs, when there was no charge stated when he requested the signs previously. Mr.- Crowell stated that he then asked to be put on the agenda concerning why they were having to pay for the signs now, when Council had agreed to install the signs without any charge mentioned. Vice Chairman Knight stated, "We (the Council) have discussed this, and due to the number of churches, around 50 all together, this would be a:lot of expense for the City to purchase signs for every church ". Mr. Crowell stated that their church was built before the City installed the roads, and the City created the speeding problems, therefore, he felt the City should purchase the signs for the church. Mr. Crowell went on to say that they had small children at church, and if they were to get hurt, there would be some problems!. Councilman Chapman asked the Administrator if he called the gentlemen that was at the meeting the other night (March 5th meeting), as he asked him to do. Administrator Fellows answered, "Yes, we called him and left a message, and told him about the delay and the need for us to adopt an ordinance ". Reverend McGill replied, "Yes, you called and apologized for being late in getting the sign to us, and since we had been promised this sign, you should go ahead and give us our signs and then any other church who requests signs from now on - charge them. But you have already promised us our signs!" Councilman Chapman stated that he specifically asked Director Fortner if the City had ever purchased any signs for anyone and he answered no that the churches had purchased them. 3445 3 P,4_25 After further discussion by Council members, Mr. Jack Williamson of Rock -A -Way Construction Company, addressed Council and stated, "I can see the City is in a bind here with a communication problem, and if the City will determine what kind of signs are needed, then Rock -A -Way will take the heat off of the City and purchase these signs for this church and have them installed. The City can then go forward with the plan on what you (the City) will be charging the other churches from this day forward." Members of the Council thanked Mr. Williamson for his generosity. Vice Chairman Knight asked for any further discussion. Councilman Chapman stated that he felt that the City gave the impression to this church that the City would pay for these signs. Vice Chairman Knight stated that this was just a misunderstanding, and then thanked Mr. Williamson again for purchasing the signs. Vice Chairman Knight asked for a motion. Councilman Chapman made a motion to adopt the ordinance as read by title. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM #X PUBLIC HEARING AND FINAL READING ORDINANCE - MASTER METERS Vice Chairman Knight introduced the next agenda item beinga public hearing of an ordinance allowing the use of master meters and read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE.II, SECTION 18 -16 TO ALLOW DEVELOPERS WITH THE APPROVAL OF THE CITY TO MAKE WATER CONNECTIONS WITHIN A DEVELOPMENT; AMENDING SECTION 18 -17 TO PROVIDE INSPECTION FEES AND METER INSTALLATION FEES WHERE DEVELOPERS HAVE INSTALLED MAIN WATER LINES AND APPURTENANCES WITHIN A DEVELOPMENT; AMENDING CHAPTER 18, ARTICLE III, SECTION 18 -43 TO ALLOW A DEVELOPER TO MAKE SEWER CONNECTIONS WHEN THE DEVELOPER HAS INSTALLED THE MAIN SEWER LINE WITHIN A DEVELOPMENT; AMENDING SECTION 18 -43 PROVIDING ONE SEWER CONNECTION FOR GROUP HOMES, TOWN HOUSES AND OTHER BUILDINGS GROUPED CLOSE TOGETHER; AMENDING SECTION 18 -48 TO PROVIDE INSPECTION FEES WHERE A DEVELOPER HAS INSTALLED THE MAIN AND LATERAL SERVICE LINES; PROVIDING AN EFFECTIVE DATE. and then asked the Administrator to explain the ordinance. Administrator Fellows responded by stating, "This would allow the City the option in cases of serving a large development whether we should serve the development by a master meter (where the development would be responsible for the maintenance of the lines and the other on -sight installations) or whether the City would like to except the maintenance and put their own meters in. It just gives the City some flexability." Vice Chairman Knight asked for any comments from the audience. Citizen Andy Rubin asked if there were any requests for master meters other than the Industrial Park in the City at the present time. 3446 Vice Chairman Knight asked for any comments from the audience. Citizen Andy Rubin asked if there were any request for master meters other than the Industrial Park in the City at the present time. Administrator Fellows answered, "No. The Industrial Development Authority has made a request which will be discussed later tonight speaking to this same matter ". Administrator Fellows then stated, "I need to correct comething - Mr. Rubin stated there were no master meters in the City - I believe there are some that were grandfathered in ". Director Fortner agreed by stating, "There are some master meters in the City that have been there for years ". Vice Chairman Knight asked for any further discussion. Councilman Watford stated that he could not see the difference between an office complex using a master meter and a mobile home park. Director Fortner replied by stating, "Our ordinance now allows for a meter serving an office building apartment, with several units all under one roof, to have one meter. The meter charges are to be based on the charge, as if each unit had its own separate meter ". Councilman Watford and Director Fortner briefly discussed the difference between an office complex and a mobile home park. Vice Chairman Knight asked for any further discussion. Citizen Andy Rubin stated that at the Council meeting two weeks earlier, he was told there were no master meters within the City. He then asked Council if those meters which were grandfathered in were they installed by the City. Director Fortner answered Mr. Rubin's question by stating, "All meters belong to the City ". Citizen Andy Rubin asked, "How many do you think there are? Is this information available to the public, can I get a copy of this ?" Councilman Chapman asked, "Would it be your old trailer parks ?" Director Fortner stated, "The old trailer parks, some apartment buildings. Some trailer situations we are not aware of how many trailers are on the one meter. We put in one meter for one trailer - but the people hookup other trailers. Beachwater is a master meter ". Mr. Rubin then addressed Council concerning the three meters located behind the doctor's clinic. Vice Chairman Knight recessed the metting for a few minutes at 8:05 P.M. The meeting was called back order at 8:06 P.M. Councilman Watford stated, "Since there are no current applications for a master meter at the present time, I would ..ike to table this matter. I do not have any objections 3447 to it. If L.C. thinks this is something that we will need in the future ". Vice Chairman Knight asked for a second on the motion. Councilman Chapman seconded the motion. The matter was tabled. 84 -28 AGENDA ITEM #XI - PUBLIC HEARING - ORDINANCE - RG -1 & RG -2 GROUP HOMES, etc. Vice Chairman Knight introduced the next agenda item being the public hearing on an ordinance changing permitted uses in the RG Sections of the city to allow licensed group home facilities and the setting of a final public hearing for Monday, April 2, 1984. Vice Chairman Knight noted that the Planning & Zoning Board recommended approval and then read the ordinance by title only as follows: 84 -30 AN ORDINANCE TO AMEND APPENDIX A OF ORDINANCE #402 BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA. SAID ORDINANCE AMENDMENT AMENDS THE DISCTRICT REGULATIONS TO ALLOW GROUP HOUSING BY A SPECIAL EXCEPTION IN RESIDENTIAL GENERAL (RG -1 AND RG-2) DISTRICTS; AMENDING SECTION 22 , DEFINITIONS TO PROVIDE A DEFINITION FOR GROUP HOME FACILITIES; PROVIDING AN EFFECTIVE DATE. Vice Chairman Knight asked the Administrator to comment on the ordinance. Administrator Fellows stated, "This came up during the hearings on the two group homes for the Rehab Center. The Council allowed us to relocate under the definition of Boarding Houses, but as one of the policies of the Comprehensive Plan consider the city's board amendments zoning ordinance to provide the suitable locations for group homes, foster homes. Our ordinance is simply a response to that Comprehensive Plan ". Councilman Watford moved to set the ordinance for public hearing April 2nd. Councilman Chapman seconded the motion. Vice Chairman Knight asked for comments from the audience. There was no response. Motion carried. AGENDA ITEM #XII - DISCUSSION - DECLARING OLD GENERATOR SURPLUS Vice Chairman Knight stated next on the agenda was the discussion by Coucil on declaring an old generator surplus and authorizing donation to the American Legion to assist them in getting re- designated as a Civil Defense Shelter. Councilman Chapman asked if anyone had spoken to the American Legion. The Administrator noted that Mr. Rubin was aware of this. Council asked Mr. Rubin if the American Legion want the generator. Mr. Rubin stated, "Yes, we want the generator ". Councilman Chapman moved to donate the old generator to the American Legion. Councilman Watford seconded the motion. Vice Chairman Knight asked for a vote. Motion carried. 3448 84 -28 84 -12 AGENDA ITEM #XIII - REZONING - BRYANT Vice Chairman Knight introduced the next agenda item being the introduction of an ordinance proposing to rezone property located at 905 Southwest Second Avenue from Re- sidential Single Family to CPO, filed by Carol Bryant and setting of a public hearing for Monday, May 7, 1984. Councilman Chapman moved to set the matter for public hearing on May 7th, 1984. Councilman Watford seconded the motion. Vice Chairman Knight read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO CPO. and asked if anyone frEthe audience had any comments. There was no response. Motion carried. AGENDA ITEM #XIV - AUTHORIZATION TO COMPENSATE ATTORNEY JENNINGS - LAGROW CASE Vice Chairman Knight noted the next item of discussion was the authority to com- pensate Attorney Lester Jennings for the conclusion of the LaGrow case. Councilman Chapman asked the Administrator to brief the audience on the matter. Administrator Fellows stated, "You ( the Council members) have received a time schedule on the time Mr. Jennings had put in on the case. We have sent you a copy of this invoice. This disposes of it entirely and there should be no other charges. There may be one charge for Sverdrup and Parcel though ". Citizen Andy Rubin commented on the amount of money spent on the litigation of this case. After further discussion on the litigation of this case, Vice Chairman Knight asked for a vote. Councilman Chapman moved to approve the payment in the amount of $9,547.75. Motion was seconded by Councilman Watford. Councilman Watford asked, "When we retained Attorney Jennings, did we have these dollar amounts set for what we would pay ?" Attorney Conlon answered, "Yes. Attorney Jennings wrote a letter to Administrator Fellows as to what rate he would work for and it was a very reasonable amount also ". Vice Chairman Knight called for a vote. Motion carried. i T- T 1 111 I T 3449 3 84 -31 84 -26 AGENDA ITEM #XV - ORDINANCE - BUDGET AMENDMENT Vice Chairman Knight introduced an ordinance amending the budget ordinance of the City of Okeechobee; providing for the recognition of additional revenues and additional expenditures and setting of a public hearing for Monday, April 2, 1984 and read the title as follows: AN ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF OKEECHOBEE FOR THE PERIOD YEAR OCTOBER 1, 1983 THROUGH SEPTEMBER 30, 1984 PRO- VIDING FOR ADJUSTMENTS IN REVENUES; PROVIDING ADJUSTMENT TO EXPENDI- TURES; PROVIDING AN EFFECTIVE DATE. Vice Chairman Knight asked for any comments from the audience. Citizen Andy Rubin asked Council if they would read the budget revenue for him. Vice Chairman Knight stated that due to the length of the revenues it would take too long to read each item so they would give him a copy of the budget revenues. Vice Chairman Knight asked if there were any comments from the Council. There were no comments. Councilman Watford moved to set the ordinance for public hearing on April 2nd, Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM #XVI - DISCUSSION BY COUNCIL ON SPLITTING UP THE SEWER COLLECTION SYSTEM PROJECT Vice Chairman Knight noted the next agenda item was the discussion by the Council on.recommendationsfor splitting up the sewer collection system project to afford small contractors the opportunity of bidding on same and asked the Administrator or the Director of Public Works to begin the discussion. Director Fortner stated that several local contractors had requested, earlier, that the City break up the sewer collection system project into several smaller projects so they would be able to submit a bid on them. Director Fortner went on to say that the Engineer has submitted a breakdown into six different projects. But that the City has learned that the DER may not grant the City the 90 extension that the City had requested. (in connection with the force main to the plant). And therefore, the City has to proceed rapidly • and bid the plant's sprayfield and forcemain to the plant and sign the contracts by June 23rd. Director Fortner then explained that by breaking the collection system in the City into two projects, around One Million Dollars each, would cost approximately Fifteen Thousand Dollars each to provide the additional paperwork and man hours involved in breaking the main job into different projects. 1 __ 1 11 3450 Vice Chairman Knight noted that each Council member had a copy of the cost involved from Mr. Broome. Engineer Broome stated, "Each time the job is broken down it will cost Fifteen Thousand, Two Hundred Dollars." Councilman Chapman asked Engineer Broome to elaborate about the engineering fees on the 201 project. Engineer Broome stated, "The difference between the Farmers Home and the 201, they are both about the same with the volume. The designs are basically the same also. The amount of inspections is why the 201 is less. The collection system will have to have a lot more inspections with all of the heavy construction work." Councilman Watford thanked Director Fortner and Engineer Broome for the job well done on the breakdown of the jobs. Councilman Watford also stated, "I have two main concerns: (1) taking the force main out of the 201 facility. Like Mr. Markham stated, 'Its possible but its not practical'. So I think we can eliminate that part of it and (2) the inspections and having accountability for them. If you have more than one contractor on the job; who will have to correct the problems that might arise? The way the Engineer has this broken down - I think it would be easy to determine if there were any problems or who was at fault. The only thing I feel is a problem is: Is this worth Fifteen Thousand Dollars? I hope everyone realizes that even if we do break the job down - it does not mean someone from Okeechobee will get the job ". Citizen Jack Williamson asked Director Fortner about the deadline date and the figures of the cost on each project. Mr. Williamson then stated he agreed with Councilman Watford as to the amount of money it will take to break the main job down into smaller jobs. This job would not be a "high paying job" as someone said at an earlier meeting, although it would create some figures. Vice Chairman Knight stated that he tended to agree with Mr. Williamson's comments. He felt that the City could get ourselves over extended by getting too many people involved. Mr. Williamson stated, "Every contractor on the job will be making a profit and the more contractors you have the more money it will cost ". Councilman Watford asked Engineer Broome if there were only going to be two bids one for the 201 and one for Farmers Home. Engineer Broome answered, "yes ". 3451 3 84 -22 Vice Chairman Knight asked where would the fifteen thousand dollars come from. Attorney Conlon stated, "From the pot ". Director Fortner answered, "From the total amount ". Council discussed the possibility of the local contractors, if they received the bid, going bankrupts and what position the City would be in. Vice Chairman Knight asked for Council's decision. Councilman Watford moved to leave the project as is with the two bids because the addCtional money bothered him. Councilman Chapman stated he felt a full Council was needed for this and he would not second the motion. Councilman Watford withdrew his first motion and made another motion to leave the 201 project as is and table the decision on the Farmers Home for the next meeting. Councilman Chapman seconded the new motion. Vice Chairman Knight asked if a special meeting needed to be called for the Farmers Home project. Director Fortner stated that two weeks would not make any difference on the Farmers Home project. Motion carried. AGENDA ITEM #XVII - INDUSTRIAL DEVELOPMENT AUTHORITY'S REQUESTING CITY'S ACCEPTANCE OF WATER & SEWER LINES AT THE INDUSTRIAL PARK Vice Chairman Knight noted the next item for discussion was the action by the Council on a request from the Industrial Development Authority for acceptance of ownership and maintenance of water and sewer lines at the Industrial Park. Administrator Fellows stated the Council did not need to make a decision tonight on this request. Councilman Chapman moved to table the request until the next meeting when a full council was present. Vice Chairman Knight asked if the Industrial Development Authority had been advised of the size of their lines which would meet City specifications. Director Fortner stated that he had a meeting with Mosley Collins and the Administrator concerning the line size, wherein, Mr. Collins stated they (the IDA) were using 6 inch lines but leaving the fire hydrants off. (They were not installing the hydrants for fire protection). Director Fortner stated that Engineer Mosley Collins had been made aware of City specifications during the meeting and he stated they would comply. A lengthy discussion was held by Council concerning the possibility of an ordinance or a resolution concerning the necessity of fire hydrants. 3452 84 -30 Councilman Watford stated he felt the City should, in a very tactful way, write a letter requesting that the City be allowed to make inspections because in a month it would be too late for inspections (after the work is already completed). Director Fortner and the Administrator will get with the IDA to discuss the request further and bring it back before the Council for the next meeting. AGENDA ITEM #XVIII - MAYOR TO CALL ON AUDIENCE Vice Chairman Knight asked if there was anyone in the audience wishing to address the Council. Citizen Andy Rubin stated that the citizens of the City of Okeechobee had elected five Councilmen to run the City and he felt that all five men needed to be present at the meetings. Councilman Chapman noted that he had not missed one meeting his whole term. Councilman Watford stated that he did not feel like anyone of these Councilmen would miss a meeting unless he had a good reason. Citizen Andy Rubin complimented Councilmen Watford and Chapman for attending the meetings. CITY CLERK - PRESENTATION OF WARRANT REGISTERS FOR APPROVAL Clerk Thomas presented the Warrant Registers for approval. - REGULAR MEETING CALENDAR FOR APPROVAL Clerk Thomas presented the Regular Scheduled Meeting Calendar for April, May and June for Council's approval. Vice Chairman Knight read the calendar as follows: NOTICE IS HEREBY GIVEN that the Regular Meetings of the City Council of the City of Okeechobee, Florida, are as follows: April 2nd and 16th, 1984 May 7th and 21st, 1984 June 4th and 18th, 1984 Councilman Chapman moved to approve the calendar as read. Councilman Watford seconded the motion. Motion carried. ADMINISTRATOR - DISCUSSION CONCERNING FIRE SIREN Administrator Fellows stated that the City had no use for the old fire siren and if Council wished the City could declare it surplus and donate it to an organization. 3453 3 84 -46 84 -14 84 -38 Vice Chairman Knight asked for Council's wishes. Councilman Watford moved that the old fire siren be declared surplus and be donated to an organization. Councilman Chapman seconded the motion. Citizen Andy Rubin stated the Veteran's Association would be glad to have the siren. Vice Chairman Knight stated the Council would leave it up to Chief Torrey to turn the siren over to the Veteran's Association. - DOUBLE TAXATION BULLETIN Administrator Fellows stated, "In this budget revision we have placed a sum of money to have an update study done on that (double taxation). We are hopeful that the action of the First District Court of Appeals in this County case will mirror what we hope will take place in the Palm Beach County case and if he does we will have a new issue against the County on the Sheriffs road patrol and investigation division which would mean about fifty thousand dollars for the City. COUNCILMAN WATFORD - COMPLIMENTS TO POLICE DEPARTMENT AND STREET DEPARTMENT Councilman Watford commented he had watched the Police Department in action and would like to compliment them on the manner in which they appoint their duties. They did a good job. Councilman Watford also stated that he had a complaint for the street department and Steve handled it very well and he would like to thank him. COUNCILMAN CHAPMAN - APPROVAL OF WARRANT REGISTERS Councilman Chapman moved to approve the Warrant Registers in the General Fund in the amount of $37,747.88 and the Water and Sewer Fund for $52,539.23. Motion was seconded by Councilman Watford. Motion carried. - PROBLEMS WITH THE 8TH AVENUE BRIDGE Councilman Chapman asked Director Fortner if he would explain the 8th Avenue bridge situation. Director Fortner stated, "There was an event with the bridge on S.E. 8th Avenue this past weekend where it was reported that the bridge was possibly damaged. We had the Engineer to look at it along with Councilman Chapman and myself Sunday morning and inspected it closely. We discovered that the bridge was not in danger, however, it does need some attention. We need a few decisions by the Council tonight, first of all I think we need to put a load limit on the bridge eliminating heavy trucks maybe by an ordinance and se- condly, we need to authorize the Engineer to make some studies for the correction of the bridge. We might possibly wait until the new budget but next year at the latest for the repairs." T 1 111 -I 1' 3454 R4 -31 Director Fortner went on to say there were three different ways of fixing the bridge: (1) putting a box culvert on the bridge - most expensive way (2) put a concrete deck over the bridge area (3) put a wooden deck with asphalt back over the bridge area - least expensive. After a lengthy discussion concerninEthe action to be take on the bridge, it was decided by the Council to initiate an emergency ordinance as follows: AN EMERGENCY ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE; PROVIDING LOAD LIMITS ON THE BRIDGE ON SOUTHEAST EIGHTH AVENUE; PROVIDING ALL TRAFFIC FROM THIS DATE FORWARD SHALL NOT EXCEED FIVE TONS GROSS WEIGHT OVER SAID BRIDGE; PROHIBITING THE USE OF SAID BRIDGE BY ANY AND ALL TRACTOR TRAILERS OF WHATEVER TYPE, EXCLUDING EMERGENCY VEHICLES RESPONDING TO AN EMERGENCY; PROVIDING PENALTIES; PROVIDING AN EFFECTIVE DATE. Councilman Watford moved to approve the emergency ordinance. Councilman Chapman seconded the motion. Motion carried. Director Fortner stated the City could possibly get a grant from the DOT for the bridge to be repaired. Council briefly discussed the different methods of lowering the bridge. DIRECTOR FORTNER - REQUEST TWO NEW EMPLOYEES Director Fortner stated he would like to discuss with the Council to allow him to hire two new employees. Vice Chairman Knight asked, "Do you have the money budgeted for the employees ?" Director Fortner answered, "No." Councilman Chapman asked, "Couldn't you hold off on the new employees until the new budget ?" Director Fortner replied, "We could if we had to - but we really need them. Some things just are not going to be able to be done ". Vice Chairman Knight asked if L.C. would be all right having one new employee. Administrator Fellows stated, "I wish Council would let me get with L.C. to discuss the budget. The City is in the position to where they just cannot handle another employee now. That is our biggest cost. There maybe a way to do this and I am not opposed to it. Maybe we could work out something. I would like to have a chance to discuss this with L.C. instead of discussing it here. We can come back when the budget revision comes up - we could amend it then." Vice Chairman Knight stated that the Council would allow the Administrator and L.C. to get together on this and bring the decision back to Council. Councilman Chapman and Director Fortner discussed the possibility of creating some type of a schedule for each day's work. 3455 3 - 84 -32 VICE CHAIRMAN KNIGHT - DISCUSSION PORT -O -LET BUSINESS - TOILETS Vice Chairman Knight stated a question had arisen concerning Port -O -let toilets at construction sites. He thought there was a state law on this and that the City has an ordinance which stated there be one port -o -let for every construction job with one to thirty employees. Building Official Westbrook stated that all contractors had been notified of the law concerning port -o -lets according to the Southern Standard Building Code (SSBC). He further stated that he had been informed by some contractors they go by OSHA standards. Mr. West- brook stated that he informed them (the contractors) that the City abides by the SSBC re- gulations which states there be one port -o -let at each construction site for every thirty employees. Councilman Chapman questioned whether or not the City had adopted the SSBC to be in- cluded in its ordinance. Building Official Westbrook answered yes we did and he just wanted Council to be aware of the controversy in case someone were to come to the Council concerning the differences. COUNCILMAN WATFORD - FIRE DEPARTMENT - NEW BUNKER GEAR NEEDED, AND FIRE HOSE Councilman Watford stated that it had came to his attention that the Fire Chief would like to purchase some new fire gear and hose, and-that he wanted to the discuss this with Council. Councilman Chapman asked Chief Tomey, "How necessary is this ?" Fire Chief Tomey stated that four people had already been burned and he checked on the cost of new gear and it would be around $3800.00 and he did not have any money bud- geted for this, but he did need the equipment. He further stated it was five years old and had been purchased through a federal revenue sharing grant. Councilman Watford stated that this could be considered when we have the public hearing on the budget amendment. AGENDA ITEM #XX - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 9 :56P.M. /o� -� J/C�! 1.x.4 Ewad rd W. D ou las, D.( Chairman ((( City of Okeechobee ATTEST: �. %�% j, Bonnie S. Thomas, CMG' City Clerk 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 MARCH 19, 1984 7 :00 P.M. I. Call to Order II. Invocation - L.C. Fortner, Jr., Director of Public Works III. Pledge of Allegiance - Vice Mayor Jim Knight, Sr. IV. Approval of the minutes of the regular meeting of March 5, 1984. V. Introduction of an ordinance providing developers may do all water line and sewer line work within their developments on approval of the City Council and providing inspection and installation fees and setting a public hearing for Monday, April 2, 1984. VI. Action by the Council on a request from the Indian River Community College for exemp- tion from the city public service tax. VII. Discussion by the Council on a schedule for finishing the outside of the Public Safety Building absent a satisfactory response from Lawson Construction, Inc. by 5 :00 P.M. Friday, March 23rd. VIII. Receipt of recommendation from the Planning and Zoning Board on adopting an ordinance amending the supplementary district regulations to more precisely define limitations applying to structures and uses involving the service, storage, repair and sales of motor vehicles and setting of a public hearing for Monday, May 7, 1984. IX. Public hearing and final reading of an ordinance establishing House of Worship speed zones. X. Public hearing and final reading of an ordinance allowing the use of master water meters. XI. Public hearing on an ordinance changing permitted uses in the RG Sections of the city to allow licensed group home facilities and foster care facilities and setting of a final public hearing for Monday, April 2, 1984. ( P and Z Board recommends approval) XII. Discussion by Council on declaring an old generator surplus and authorizing donation to the American Legion to assist them in getting re- designated as a Civil Defense Shelter. XIII. Introduction of an ordinance proposing to rezone property located at 905 Southwest Second Avenue from Residential Single Family to CPO, filed by Carol Bryant and setting of a public hearing for Monday, May 7, 1984. (Planning and Zoning Board recommends approval) XIV. Authorization to compensate Attorney Lester Jennings for the successful conclusion of the LaGrow case. XV. Introduction of an ordinance amending the budget ordinance of the City of Okeechobee; providing for the recognition of additional revenues and additional expenditures and setting of a public hearing for Monday, April 2, 1984. XVI. Discussion by the Council on recommendations for splitting up the sewer collection system project to afford small contractors the opportunity of bidding on same. XVII. Action by the Council on a request from the Industrial Development Authority for acceptance of ownership and maintenance of water and sewer lines at the Industrial Park. • -2- XVIII. Mayor to call on anyone in the audience wishing to address the Council. XIX. Mayor to call on City Clerk, City Attorney, City Administrator and members of the Council for reports and /or requests. XX. Adjournment.