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1984-04-16 Regular MeetingREGULAR MEETING MONDAY, APRIL 16th, 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. Chairman Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James Knight, Vice Chairman Dowling Watford 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 Chairman Douglas, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Chairman Douglas called for additions or deletions to the minutes of the April 2nd regular meeting. Councilman Chapman noted that on page 6, paragraph 5, it should read South East 12th Avenue instead of llth Avenue. There being no further additions, deletions or corrections, the minutes were approved as stated. AGENDA ITEM #V - PUBLIC HEARING AND FINAL READING - ORDINANCE - FAIR HOUSING ACT Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 5, ARTICLE I TO PROVIDE ADDITIONAL SECTIONS CONTAINING RULES AND REGULATIONS REGARDING THE STATE OF FLORIDA FAIR HOUSING ACT; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for any comments from the audience. Citizen Andy Rubin asked, "Other than the Florida Statutes, is anything inserted by }hP City ?" Administrator Fellows answered, "Only as far as enforcement, that is, our building depart- ment will enforce the ordinance rather that the commission as set up by the State." Chairman Douglas asked for further discussion. Councilman Knight made a motion that the ordinance be approved. Councilman Chapmanseconded. the motion. Motion carried. AGENDA ITEM #VI - PUBLIC HEARING AND FINAL READING - ORDINANCE - MASTER METERS Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE; AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -18 TO PROVIDE AN EXCEPTION FOR MASTER METERS; AMENDING CHAPTER 18, ARTICLE II TO ADD SECTION 18 -36 TO PROVIDE RULES AND REGULATIONS FOR THE USE OF MASTER METERS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for any comments from the audience or the Council. There being no comments, Councilman Chapman made a motion to approve the ordinance. Councilman Thomas seconded the motion. Motion carried. 84 -1 84 -33 84 -25 84 -11 AGENDA ITEM #VII & IX - ADVERTISING BIDS STREET PAVING & RESOLUTION STREET PAVING NW 7th AVE. Chairman Douglas asked for discussion and action by the Council to authorize advertising for bids for street paving, drainage improvements and resurfacing on certain streets within the City of Okeechobee with bids returnable May 4, 1984. Administrator Fellows stated, "At the last meeting, when we talked about the streets to he paved, we said we might let the contract for paving of them at the same time as N.W. 7th Avenue Extension (by special assessments) is bid for paving. Also, Southeast 17th Street (where two property owners had agreed to assume a portion of the cost) and Southeast 12th Avenue from 4th Street to the dead end." Councilman Chapman asked if Southeast 12th Avenue was proposed for sewer. Director Fortner answered yes it was. Administrator Fellows stated, "As an alternative we would suggest for Council's considera- tion, Southwest 6th Avenue from 2nd to 5th Street and Southwest because there is no sewer proposed there." The Administrator then stated, "We could go ahead and do some of these is going in, but the thing is, we would be letting a small fortune lose the lower cost benefit of a large contract." Engineer Broome showed Councilman Chapman a map indicating sewer lines that were to be installed through -out the South East section. Chairman Douglas asked Council if there was any problem with paving Southwest from 2nd to 5th Street and Southwest 6th Avenue from 19th to 21st Street now Administrator Fellows explained to Councilman Chapman, "Those Southeast streets that are in the sewer program - if we let a contract this fall it is very possible that work could start in that area this fall or the first part of winter." Citizen Andy Rubin asked if anyone had figured out the footage of the amount of money in the Street Improvement Fund. With no further discussion, Chairman Douglas asked for bids on street paving. Councilman Knight moved to authorize the advertising of bids for street paving. man Watford seconded the motion. Motion carried. Chairman Douglas asked if there was anyone in the audience wishing to address the Council in regards to the public hearing on the special assessments on Northwest 7th Avenue. Citizen Andy Rubin asked if that was agenda item number nine. Chairman Douglas stated, "Yes, Item number nine was to be a public hearing as advertised for special assessment to give the people living in that area an opportunity to make comments. We have found there were some problems with the way the Resolution was drawn up. I'll let the attorney explain what needs to be done to correct the situation." Attorney Conlon explained, "What happened was that Chapter 170 (Florida Statutes) dealt with this area. We adopted an ordinance and we cited everything that was in Chapter 170 except for one difference in the notice of the hearing and after some research it turned out that what 6th Avenue from 19th to 21st' streets where sewer to contract and we would 6th Avenue the Council's vote six streets, and on advertising for Council- we really need to do is have a first reading tonight and recind that original ordinance ( #494) and simply go through the procedures that are in Chapter 170 which would be a resolution pro- cedure. We have a resolution that we could read tonight setting forth this special benefit and the assessment on the property. We have an ordinance which can be read by title only that simply revokes the original ordinance ( #494), that we had on this. The statute takes care of it by just Council action on a resolution. I can read the resolution. Attorney Conlon read the resolution as follows: WHEREAS, the City of Okeechobee may provide for certain public improvements and provide for the payment of such improvements by levying and collecting special assess - :ents on the abutting, adjoining, contiguous or other specially benefited property, in r.ordance with the provisions of Chapter 170, Florida Statutes, and WHEREAS, the City of Okeechobee has received a petition from the owners of ,roperty abutting a portion of Northwest Seventh Avenue extension, and 3469 WHEREAS, the City Council has indicated its desire to provide for the paving of the Northwest Seventh Avenue extension by special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA as follows; 1) There is hereby established, pursuant to Chapter 170, Florida Statutes, the Northwest Seventh Avenue special assessment district. 2) The property benefited and special district created and upon which the special assessment shall be levied shall be the lots located on the East and West side of that portion of Northwest Seventh Avenue extension (formerly Okeechobee Avenue) to be paved hereby, to —wit: Lots 1 through 6, Block 77; Lots 11 through 16, Block 78; Lots 1 through 6, Block 68; Lots 11 through 16, Block 69; Lots 1 through 6 of Block 53; Lots 11 through 16 of Block 52; Lot 6 and the South 1/2 of Lot 5, Block 44; the South 1/2 of Lot 15 and Lot 16, Block 45, CONNERS HIGHLAND SUBDIVISION, according to the Plat thereof, recorded in Plat Book 1, page 21, public records of Okeechobee County. 3) The improvements to be made to Northwest Seventh Avenue (formerly Okeechobee Avenue) shall be a continuous paved road lying between said assessed lots, all being done to the specifications and plans approved by the City of Okeechobee. 4) Total estimated cost of said improvements is $15,600, all of which shall be paid by this special assessment. 5) Method of payment of assessments shall be determined by the front foot footage ownership of each benefited property owner along Northwest Seventh Avenue extension. The assessment roll shall be prepared in accordance with the provisions of Chapter 170, Florida Statutes. Assessments made hereunder shall become due and payable at the Finance Office of the City of Okeechobee, City Hall within sixty (60) days after the final determination of the special assessments as herein provided. Those assessments not paid in full within sixty (60) days shall be payable within two (2) years at ten percent (10X) interest per annum on the unpaid balance. Introduced and passed in regular session assembled this day of 198.. Chairman Douglas stated, "The legal procedures, as I understand them are:. We need a motion to recind the ordinance that was set for public hearing and adopt this resolution in- stead. Once the resolution is adopted - set a public hearing on the special assessment roll." Attorney Conlon answered, "Yes, we need to recind the existing ordinance by motion. Then we will need a motion to adopt this resolution, so we could advertise again to have the bene- fited property area given ". Administrator Fellows read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE III, SECTION 13 -27 THROUGH 13 -39, WHICH SAID AMENDMENT REPEALS THE ENTIRE ARTICLE III; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for a motion to recind the ordinance. Administrator Fellows explained, "We will have to set it for public hearing on May 7th. This is introducing it for repeal tonight ". Councilman Watford moved to set the ordinance for repeal for public hearing on May 7th. Councilman Chapman seconded the motion. Motion carried. Chairman Douglas asked if there were any comments on the resolution. Mr. Rucker Wilcox requested a letter stating that the road would be paved before the end of this fiscal year. Attorney Conlon stated that a letter could be written stating that a resolution had been adopted tonight and we (the City) were in the process of accepting bids, and we would try to have it completed in an appropriate amount of days. Citizen Leo Weaver addressed Council concerning his address not being correct on the letters he has received from the City. Attorney Conlon asked Mr. Weaver to state what blocks he owned for the record. Mr. Weaver stated, "Lots 11 & 12 of Block 52 ". Attorney Conlon stated he needed to add something to the legal description and re -read the legal description as follows: Lots 1 through 6, Block 77; Lots 11 through 16, Block 78; Lots 1 through 6, Block 68; Lots 11 through 16, Block 69; Lots 1 through 6 of Block 53; Lots 11 through 16 of Block 52; Lot 6 and the South 1/2 of Lot 5, Block 44; the South 1/2 of Lot 15 and Lot 16, Block 45, CONNERS HIGHLAND SUBDIVISION, according to the Plat thereof, recorded in Plat Book 1, page 21, public records of Okeechobee County. 3470 84 -29 The City Administrator explained that the address changed when the property was annexed into the City. Chairman Douglas asked Mr. Weaver if he was objecting to the resolution. Mr. Weaver answered, "No, I just want my address correct." Chairman Douglas asked for discussion or a motion. Councilman Watford made a motion to accept the Resolution as read by the attorney and set the resolution for public hearing on May 7th. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM #VIII - REQUEST OFFICIAL PERMISSION TO TRANSFER OWNERSHIP FROM ULTRACOM TO HART - HANKES COMMUNICATIONS AND ADOPTION OF A RESOLUTION GRANTING SAME Chairman Douglas recognized Mr. Jim Morris of OkeeAirCo who addressed Council and re- quested a resolution be made transferring the ownership from Ultracom to Hart- Hankes Communi- cations. Mr. Morris stated that everything would basically remain the same even with the transfer. Attorney Conlon asked, "Are they familar with the ordinance that regulates them now? I assume they are going to comply with the service requirements and the amount of channels, etc. Everything will be basically the same ?" Mr. Morris replied, "Yes, they are familar with the franchise." Councilman Watford asked if this request for a resolution was a type of formality for OkeeAirCo. Mr. Morris answered, "It's called for in the franchise that a resolution be granted by the City for a transfer of stock or ownership." Mr. Morris then added, "This transfer was not anticipated until June or July. They had the option to do it May 31st and I think the reason that they opted to do it earlier is be- cause Ultracom has been doing a good job overall." Chairman Douglas read the resolution in it's entirety as follows: WHEREAS, the City Council of the City of Okeechobee has granted a cable television franchise to a subsidiary of UltraCom, Inc.; and WHEREAS, AEL Industries, Inc. ( "AEL ") owns the stock of UltraCom, Inc. and proposes to transfer that stock to Harte -Hanks Communications, Inc. or a subsidiary thereof ( "Harte- Hanks"); and WHEREAS, the City Council of the City of Okeechobee has been presented with appropriate information concerning Harte - Hanks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA as follows: 1) That the City Council of the City of Okeechobee hereby acknowledges and consents to the transfer of the stock of UltraCom, Inc., from AEL to Harte - Hanks. 2) This Resolution shall take effect as provided by law. After further discussion by Council members, Councilman Watford made a motion to amend the resolution to add an additional Whereas, "the local operating provedures will remain the same and the franchise terms (agreement) will be adhered to in all respects ". Councilman Knight seconded the motion. Motion carried. Chairman Douglas asked for a vote on the resolution. Councilman Knight moved that the resolution be adopted as amended. Councilman Thomas seconded the motion. Motion carried. Y 3471 84 -27 AGENDA.ITEM #X - MAYOR TO CALL ON AUDIENCE Chairman Douglas asked if there was anyone in the audience wishing to address the Council. Citizen Andy Rubin addressed Councilconcerning the fees to be charged for the bids on street paving and then requested the same. Attorney Conlon noted that Mr. Rubin could purchase these copies at the Clerk's office once they were completed for the cost of copying (.25 /page). Mr. Rubin then stated that he has requested several times that the agenda items be changed so that the audience may speak after the Councilmen, Attorney, Clerk and Administrator and that he would like to see this done. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR, COUNILMEN FOR REQUESTS OR REPORTS CITY CLERK- Warrant Registers Clerk Thomas presented the Warrant Registers for Council's approval. - Financial Statements Clerk Thomas presented the Councilmen with the financial statements for the month of March. - Report on Ordinances, Resolutions and Proclamations Clerk Thomas presented copies of a report to Councilmembers which had all ordinances, resolutions and proclamations that have been presented to Council this fiscal year along with all motions made by Council. ATTORNEY CONLON - LETTER RECEIVED FROM THE STATE OF FLORIDA, DIVISION OF ADMISTRATIVE HEARINGS Attorney Conlon stated, "I received last Thursday, a notice of transcription of a hearing of the DER pertaining to the draining permit for our waste water treatment plant. It was certified that it was sent to me by the Assistant Attorney General, on the llth of April. To- gether with that was a separate certificate of it being sent and a notice of a public hearing signed by the Council dated April llth, with a letter that was sent to General Council by Attorney Kennedy (with the Law Office of John Cassels) dated April 4th. It's filed with the Division of Street and Public Sewage. The petition for public hearing stated that a permit cannot be granted on the basis that (summarizing) the people could have found a better location with a more serious investigation, its inadequate, our plant would not contemplate future growth, wells that supply twenty to thirty residents are in serious jeopardy. The property value and the quality of life will be adversely affected. The soil conditions, at the plant, are not of the desired type. That the City is grossly under financed for the project and that they cannot complete the project within their funds. It will cause phosphates and pollutions on Taylor Creek. It further alleges that mosquito control of the marshy spray irrigation fields was not addressed by us and they asked the DER to hold a public hearing,that a qualified officer on this issue deny our. permit. That instrument is dated the 4th of April, certified, and for the record, "I did not receive that from them." I did not receive or know anything about it un- til the State sent it, but just the day before the State sent it, Mr. Fellows told me that he had heard some rumors that something had been filed so I called Attorney Kennedy's office and left a message for him to call me but he did not call me. Just a few things to point out. This is a serious matter. We have to retain Administra- tive Council from someone that is experienced at this. We have to address and disprove each of these allegations at a hearing. I would like to see the Council, tonight, authorize Mr. Fellows to find someone in a range of Seventy -five dollars ($75.00) per hour. I would assume that when we address these issues that we would prevail, but I would assume the likelyhood of the next step would be the automatic right to appeal. But we need to talk to experienced people and find out how long it would take to get through the administrative process." Councilman Chapman noted this will be costing the taxpayer's money. Attorney Conlon agreed but stated this was necessary, we had to respond. Councilman Chapman asked, "If we win could the City counter sue ?" Attorney Conlon stated he would have to research this before he answered that question. 3472 84 -22 84 -41 84 -41 84 -14 84 -15 After further discussion, Councilman Thomas moved to authorize the Administrator to find legal Council. Councilman Chapman seconded the motion. Motion carried. ADMINISTRATOR FELLOWS - Department of Transportation Administrator Fellows noted that he had received a letter from the Department of Trans- portation concerning the sidewalk on the south side of State Road 70 between 5th Avenue and and Parrott Avenue which stated they were investigating this and it might be possible for the sidewalk to be constructed now while the road was under construction. - Industrial Development Authority The Administrator noted that the IDA met today and stated they were investigating the possibility of digging a new well and getting the approcal of the DER to set up their own portable public water supply sytem within the confines of the Industrial Park in order to do away with the necessity of being served by City water. - 3month Extension Construction Sewer Plant & $420,000.00 Grant Administrator Fellows stated that by aletter being sent to the DER Commission, the City was granted a 3 month extension on the construction of the sewer plant. Also an additional $420,000.00 grant was obtained for the construction of the sewer plant which without this grant the City would not have been able to continue construction. - Amendment One Administrator Fellows at the Florida City and County Manager's Association Annual Con- ference in Panama City, a member of the Florida Supreme Court addressed the conference and indicated that the Amendment One business in not yet dead. It's opponents have filed a petition for re- hearing with the Florida Supreme Court and therefore the matter is not dead. Attorney Conlon stated that the Florida Bar had filed a petition attacking Amendment One. An attorney in Orlando filed suit against the Florida Bar seeking an injunction and restraining order to prevent filing any further pleadings or helping out the opposition of Amendment One. - Community Development Block Grant Administrator Fellows stated that last Friday Bill Miller (CFRPC) and he had met with the people in the Department of Community Affairs concerning the two application previously filed by the City. The Administrator explained how the applications were reviewed and graded. He further noted the City's appeal was scheduled for May 6th, in Tallahassee, but if it was agreeable with Council, we could hold off on the appeal and file new applications in Septem- ber or October, since the City knew more about the grading process of the applications. Chairman Douglas asked if it was agreeable with Council. It was agreed. COUNCILMAN CHAPMAN - Catch Basin on Southwest 15th Street Councilman Chapman asked what had happened with the catch basin on Southwest 15th Street. Administrator Fellows stated, "I met with the Duncans' and they have agreed to make some improvements in the ditch (cleaning ditch out, mowing it). Mr. Duncan stated he was going to meet with his County Commissioner relative to some other improvements. And I told them we would get back with them tomorrow after they have met with their commissioner ". Council briefly discussed the situation. - Thanked Street Department - Job Well Done Councilman Chapman stated he would like to thank the street department for handling the City streets as well as they have been - having only 5 men. - Approval of Warrant Registers Councilman Chapman moved to approve the Water & Sewer Warrant Registers in the amounts of $11,460.58, $5,661.51 and $7,590.35. The General Fund Warrant Registers in the amounts of $7,543.99 and $24,946.76. Councilman Thomas seconded the motion. Motion carried. COUNCILMAN THOMAS - Street Signal Lights Councilman Thomas asked Director Fortner when the street signal lights would be installed. Director Fortner stated they were aupposed to be installed Wednesday, April 18, 1984. 3473 3 - Two New Employees - Public Works Department Councilman Thomas asked to be brought up to date on the request for the two new em- ployees for the Public Works Department. Director Fortner answered, "The Council tabled the request ". Councilman Thomas stated he felt these employees were needed and asked if there was some way to get them. Councilman Knight stated there was a problem with the lack of funds and he had tried to get one employee hired on and they wouldn't go along with that. Council briefly discussed the funds and the possibility of hiring some HETA employees this summer to help with the mowing. COUNCILMAN WATFORD - Request letter be written in response to State Legislature's Bulletin Councilman Watford requested that a letter be written in response to the State Legisla- tures Bulletin - supporting and opposing certain bills. Councilman Watford read each bill and stated whether he felt it should be supported or opposed. Discussion ensued as to the City Council writing the letter. After discussion it was decided by a unanimous vote for the Administrator to write the letter as requested. AGENDA ITEM #XII - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:54 P.M. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee e�� Edward W. Dou las, D.C. Chairman City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE rir l L 1! AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING APRIL 16, 1984 7:00 P.M. I. Call to Order II. Invocation - Dr. Edward Douglas, Mayor III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of April 2, 1984. v. Public hearing and final reading of an ordinance adopting a Fair Housing Act as provided by Florida Statutes. VI. Public hearing and final reading of an ordinance authorizing the installation of master meters for governmental agencies such as Housing Authorities and Industrial Parks and for single buildings containing multiple offices or dwellings. VII. Action by the Council to authorize advertising for bids for street paving, drainag improvements and resurfacing on certain streets within the City of Okeechobee with bids returnable May 4, 1984. vill. Appearance by Jim Morris of OkeAirco requesting official permission for the transf of ownership from Ultracom to Hart- Hankes Communications and adoption of a Resolut granting same. IX. Adoption of a Resolution authorizing a special assessment district. x. Mayor to call on anyone in the audience wishing to address the Council. XI. Mayor to call on City Clerk, City Attorney, City Administrator and members of the Council for reports and /or requests. XII. Adjournment.