Loading...
1984-05-07 Regular Meeting3474 84 -1 84 -2 84 -26 84 -3 REGULAR MEETING MONDAY, MAY 7, 1984 The City Council of the City of Okeechobee, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida at 7:05 P.M. Chairman Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, D.C., 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 Councilman Watford, 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 16th, Regular Meeting. There being no additions or deletions, Councilman Thomas made a motion that the minutes be approved as presented. Councilman Knight seconded the motion. Motion carried. At this time Chairman Douglas introduced the new secretary, Sylvia Firestine, who began work on April 17th, 1984 in the Mayor's office. AGENDA ITEM #V - PRESENTATION CERTIFICATE - PHILLIP PURVIS - 20 YEARS SERVICE TO THE CITY Chairman Douglas presented Phillip Purvis with a certificate of appreciation for 20 years of service to the City. Sergeant Purvis thanked the Council for the certificate. AGENDA ITEM #VI - SUMMARY OF THM STUDY Dr. J.E. Singley of Environmental Science and Engineering of Gainesville, addressed the Council and presented a slide show concerning THM's (the cause, treatment, and the cost of such treatments). After the presentation, Dr. Singley recommended that the City use "Chloramines" for the removal of THM's. Councilman Watford questioned Dr. Singley on the effectiveness and cost on the use of chloramines. Dr. Singley replied by stating, "The cost for this process will'be around Twenty Thou- sand Dollars ($20,000.00), and I guarantee that it will reduce the THM's. We have done this so many times in other studies, I am positive, 99.9% sure!" Councilman Knight asked Dr. Singley if this process was continual. Dr. Singley an- swered, "Yes, it's just another type of disinfectant, a modification of the present disin- fection process." AGENDA ITEM #VII - DISCUSSION BY COUNCIL RESERVING 5,000 GALLONt PER DAY OF SEWAGE CAPACITY FOR MR. EDDIE WILLIAMS TO UTILIZE A NEW 48 ROOM MOTEL Chairman Douglas stated this agenda item would be omitted since Mr. Williams was not able to be present at the meeting. AGENDA ITEM #VIII - PUBLIC HEARING - FEES TO BE CHARGED FOR STREET IMPROVEMENTS N.W.7th AVENUE Chairman Douglas asked for comments from the audience concerning the fees to be charged, street names, and amount of the footage of the streets to be paved, etc., before he made his comments. 3475 84 -11 84 -28 Administrator Fellows noted that when the Council adopted the special assessment re- solution, the cost was estimated to be about $12.00 to $15.00 per foot ($15,600). The bids came in at $8,800. So the bids were under what the estimated cost was. The cost now, will be around $3.00 to $4.00 per foot. Councilman Watford asked if Mr. Leo Weaver (One of the two property owners of the street to be paved by special assessments) had made any negative comments. Administrator Fellows stated that Mr. Weaver had been mailed the certified letter, stating the amount of the assessments, and we have not received any comments from him. Attorney Conlon stated that for the record there was no one objecting to the special assessment roll. Attorney Conlon then stated that a motion was needed to accept the publication of the assessment roll as presented. Councilman Watford made a motion to accept the publication of the assessment roll as presented. Councilman Thomas seconded the motion. Motion carried. Attorney Conlon instructed the City Clerk to record the document (assessment roll) in an improvement lien book to be kept in her office. AGENDA ITEM #IX - BID TABULATIONS - STREET PAVING Chairman Douglas opened the floor for discussion concerning the street paving bid received. Councilman Knight asked if anyone knew anything about bid #8 - J.J. Zayti Trucking, the lowest bid in the amount of $55,887.76. Administrator Fellows stated, "In this regard, if the Council decides to award these bids tonight to the low bidder, we would like to ask the Council to consider making the award contingent upon the receipt of a statement of the contractor's qualifications to the City's satisfaction." Director Fortner noted the Representative of J.J. Zayti Trucking was present. The Representative of J.J. Zayti Trucking addressed Council and submitted a partially completed form and stated it would be completed as soon as possible. Council members asked Mr. Dave Cutler, Representative of J.J. Zayti Trucking, several questions such as the type of base to be used, if they have ever paved roads in Florida, who would be inspecting the work, etc. After further discussion, Councilman Knight made a motion to accept the low bid ffiom J.J. Zayti Trucking in the amount of $55,887.76 contingent upon the City's receipt of the contractor's qualifications which are to the City's satisfaction. Councilman Thomas seconded the motion. Councilman Watford asked if payment would be made upon the completion of the-work. Engineer Broome answered it would probably be on a drawal basis. Councilman Watford then stated he felt the Council really needed to be cautious in accepting the lowest bid, with the past experience of the City accepting low bids. Councilman Thomas asked what the time limit would be on this job. Director Fortner answered, "After the signing of the contract, the work is to be com- pleted totally within 60 days." Citizen Andy Rubin asked, "How much money are we talking about with these streets ?" Chairman Douglas answered, "No more than the total amount $55,887.76 ". Councilman Thomas called "Question ". Motion then carried. AGENDA ITEM #X - PUBLIC HEARING - REZONING - BRYANT Chairman Douglas read the ordinance by title only as follows: 3476 84 -28 84 -30 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 there were any comments or objections. There being no comments, Councilman Thomas made a motion to uphold the recommendation of the Planning and Zoning Board. Councilman Chapman seconded the motion. Councilman Watford stated, "I would like to say that I appreciate the owner of this property going for CPO instead of Commercial." Motion carried. AGENDA ITEM #XI - DISCUSSION ON ADOPTING SAFETY HANDBOOK FOR CITY EMPLOYEES Chairman Douglas opened the floor for discussion on the desirability of adopting, as part of the City's Administrative Code, an Employee's Safety & Health Handbook. Council discussed the handbook briefly and asked the department heads if they agreed to it. All department heads agreed that it was acceptable. Councilman Knight moved to adopt the Safety handbook. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM / /XII - APPOINTMENTS- PLANNING & ZONING BOARD AND CODE ENFORCEMENT BOARD Chairman Douglas stated that action by the Council was needed on two appointments to the Planning and Zoning Board for a term of three years, three appointments to the Code Enforcement Board and one appointment to the Code Enforcement Board to fill the unexpired term of a member to April 30, 1985. Councilman Chapman moved that Frank Altobello and Lula Worthen be reappointed to the Planning and Zoning Board, their term starting April 1, 1984 to March 31, 1987. Councilman Watford seconded the motion. Motion carried. Councilman Chapman made a motion to reappoint Lloyd Jeffers, Blair Kuhlewind and Deara Thompson to the Code Enforcement Board, their terms to be April 1, 1984 to March 31, 1987, and to appoint Robert L. Ridley to fill the unexpired term of Michael McArthur to April 30, 1985. Councilman Thomas seconded the motion. Councilman Watford requested that Gary Scherrer be appointed to the Code Board filling the unexpired term of Michael McArthur. Councilman Chapman stated he had talked with Mr.Scherrer concerning his applicatior and that Mr. Schearer had requested his application be withdrawn. After further discussion, the motion carried. AGENDA ITEM #XIII - ADOPTION - RESOLUTION - STATE OF FLORIDA, DEPT. OF GENERAL SERVICES SURPLUS PROPERTY UTILIZATION PROGRAM Chairman Douglas stated the next agenda item was the adoption of a resolution autho- rizing the City to continue to participate and be eligible in the State of Florida, De- partment of General Services Surplus Property, and authority for the Mayor to execute the necessary agreements. Attorney Conlon read the Resolution in its entirety as follows: WHEREAS, the Florida State Agency known as the Division of Surplus Property, Department of General Services, by authority of the Federal Property and Administrative Services Act of 1949 as amended, makes available federal surplus personal property to public agencies for public purposes, and to nonprofit tax- exempt health and educational institutions, and WHEREAS, City of Okeechobee, hereinafter referred to as the applicant, is desirous of utilizing the services and resources of this Agency, and WHEREAS, the Applicant further certifies that property is needed and will be used by the recipient 3477 84 -35 84 -6 for carrying out or praloting for the residents of a given political area one or more public pur- poses and for no other purposes, and WHEREAS, the Applicant further certifies that property is needed and will'be used by the recipient for educational or health purposes including research and for no other purpose, and WHEREAS, the Applicant agrees that all items of property shall be placed in use for the purposes for which acquired within one year of receipt and shall be continues in use for such purposes for one year from:the date the property was placed in use, and in the event the property is not so placed in use, or continued in use, the donee shall immediately notify the State Agency, and return said property to the State Agency as directed, and WHEREAS, the Applicant further agrees to abide by all additional periods of restriction placed on property by the State Agency, that is, 18 months on all passenger motor vehicles and other items of property with a unit acquisition cost of $3,000.00 or more, except for such items of major equip - ment on which the State Agency designates a further period of restriction as indicated on the distri- bution document, and WHEREAS, the Applicant further agrees that during the period'of restriction, it will not sell, trade, lease, lend, bail, encumber, or otherwise dispose of such property without prior approval of the General Services Administration or the State Agency, and in the event property is so disposed of without prior approval of the General Services Administration or the State Agency, the Applicant will be liable for the fair market value or the fair rental value of such property as determined by the General Servirps Administration or the State Agency, and WHEREAS, the Applicant further agrees to snit promptly to the State Agency for all fees assessed on all property acquired for service and handling expenses, WI-S, BE IT RESOLVED, that the Applicant requests that eligibility be established to participate in the Federal Surplus Property Donation Program, and BE IT FURTHER RESOLVED, that the City of Okeechobee hereby certifies that he has read and understands the above. Councilman Thomas moved that the resolution be adopted, Councilman Knight seconded the motion. Motion carried. AGENDA ITEM #XIV - ACTION BY COUNCIL TO NAME REPLACEMENT COMPETENCY BOARD Chairman Douglas introduced the next agenda item being a replacement on the Compe- tency Board. Councilman Knight made a motion to appoint Carl Aron. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM #XV - DISCUSSION PROPOSED CHANGES TO THE POLICE AND FIRE PENSION PLANS Chairman Douglas opened the floor for discussion concerning the proposed changes to the General Police and Fire Pension Plans to reflect increased benefits for military service and to provide the procedures necessary to cover employees when transfering from a department covered by one pension plan to another department covered by a different pension plan. The Administrator explained, "The pension plans, as.they are now written, do not provide for employees who transfer between departments. For example: We had a fireman who transferred to the Police Department. The State will not allow his accrued fire benefits to be transferred to the Police Department. Therefore, the actuary has prepared some lan- guage to be put into an ordinance so that it will cover these types of situations. So when the employee retires - he will draw from both pension funds (Fire Dept. and Police Dept.) the number of accrued years. The actuary, Theora Braccialarghe, has indicated that we should adopt this for the General Pension Plan (Fire & Police) to take care of any other transfers that may take place. Tit 3478 84 -17 The second item is a request from Marvin Clayton, the Fire and Police Insurance Representative in the State Insurance Commissioners Office, and he wants a change made in Section 11, to repeal discrimination in the system, the only difference between this and what we have is: the present method is to refund to each of the members the monies they've put in to it. If you adopt the wording that Mr. Clayton wants - then those people that have money in it will be the last to receive money. Those who first get the money will be the members who have already retired and those who first get the money will be the members who have already retired and those who are disability and then follow that. The other members would have a refund of their contributions on their retirement. Military service, is a study the Council authorized to have undertaken to bring our plan into the performance with most pension plans where the military obligations of the members are recognized from the time they gave to their country - about 1/3 of out work force is eligible for the military service credit and what we are asking the Council tonight is - do you want to adopt these three things: (1) Credit for military service up to 4 years; (2) Take care of transfers between departments within the City; (3) Amend the ordinance as requested by Mr. Clayton, relative to what would happen with the funds if the pension plan were terminated or repealed. If the 'Council wishes to move ahead with .these things - we are'looking for autho- rization to draw an ordinance which we would present it at the next meeting for First Reading. Then a public hearing sometime in June ". Councilman Knight asked the administrator what the costs would be. The Administrator explained, The second two items will not cost anything, but the military service will cost .78% of the payroll - we anticipate about $5,000.00 per year ". Councilman Chapman made a motion to allow the administrator to draw up an ordinance. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM / /XVI - DISCUSSION BY COUNCIL - PROPOSED ORDIIANCE - SERVICE, STORAGE & REPAIR OF MOTOR VEHICLES Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 7 SUPPLEMENTARY DISTRICT REGULATIONS '10 ADD AN ADDITIONAL PARAGRAPH TO BE NUMBERED 18; SAID PARAGRAPH 18 TO PROVIDE LIMITATIONS TO USES INVOLVING THE SERVICING, STORAGE, REPAIR OR SALES OF MOTOR VEHICLES BY COMMERCIAL ESTABLISHMENTS; PROVIDING AN EFFECTIVE DATE. Councilman Thomas made a motion to set the ordinance for public hearing on May 21st. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM #XVII - PUBLIC HEARING - ORDINANCE - REPEALING ORDINANCE OUTLINING SPECIAL ASSESSMENTS Chairman Douglas introduced the next agenda item being the public hearing on an ordinance repealing an ordinance outlining the procedures for special assessments as being unnecessary due to the identical provisions of Chapter 170- Florida Statutes. Attorney Conlon read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE III, SECTIONS 13 -2'T THROUGH 13 -39, WHICH SAID AMENDMENT REPEALS THE ENTIRE ARTICLE III; SAID ARTICLE III PROVIDES FOR PROCEDURES, RULES AND REGULATIONS FOR SPECIAL ASSESSMENTS IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES; PROVIDING AN- EFFECTIVE DATE. Chairman Douglas asked for public comment. There being no response, Councilman Watford made a motion that the ordinance be adopted. Councilman Knight seconded the motion. Motion carried. 3479 84 -8 84 -14 AGENDA ITEM #XVIII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE Chairman Douglas asked if there was anyone in the audience wishing to address the Council. There were no comments. AGENDA ITEM #XIX - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND /OR COUNCILMEMBERS, FOR REPORTS AND /OR REQUESTS CITY CLERK - Present Warrant Registers Clerk Thomas presented the Warrant Registers, for Council's approval. - Microfilming Seminar Clerk Thomas stated she and Shirley Ball had attended a Records Management Seminar in Ft. Lauderdale which had proved to be very helpful concerning the records management, scheduling, microfilming process, records' laws, and filing systems. The Clerk is now involved in the procedures and is working to-accomplish compliance with state laws regarding the City's records retention and /or disposal. This is being done by extensive recor ventories and scheduling through the Florida Archives in Tallahassee. ADMINISTRATOR FELLOWS - Proposal from Berger Insurance concerning Sovereign Immunity Administrator Fellows stated that he wanted to bring to the Council's attention that Betty Simmons of Berger Insurance had written a letter (proposal) concerning the State of Florida adopting something called "Sovereign Immunity" which says that the state, counties, and cities could now be sued just like any other individual could be, and they were submitting their proposal for the city's purchase of a One Million Dollar umbrella to protect the City. The additional premium $6,000.00 to $7,000.00 dollars per year. Council discussed the matter. COUNCILMAN CHAPMAN - Approval of Warrant Registers Councilman Chapman made a motion to approve the Warrant Registers for the amounts of $30,771.84, $85,175.08, Water & Sewer $20,760.78, $67,572.95. Councilman Knight asked the Clerk what the $7,500;00 was for to the County Commis- sioners. Clerk Thomas explained she had billed the County'Commissioners for the fire hydrant charge. Then, Director Fortner, not knowing the Clerk had billed them sent a bill also. Two checks were received and the posting on thee: Warrant Registers showed one check written to the County Commissioners to reimburse the second payment. Councilman Thomas seconded the motion. Motion carried. - Southwest 15th Street Councilman Chapman asked the administrator to explain the tituation on Southwest 15th Street. Administrator Fellows stated, "After talking with Mr. Duncan we feel the most feasible way to resolve this situation would be to clean out and deepen the road -swale on the north side of Southwest 15th Street to Southwest 10th Avenue west about 800 feet. Charlie's Tree Service cut down 6 or 7 large Austrailian Pines in this area - but left the stumps. To grind the stumps would be about $500.00. For Robk -A -Way to clean out and deepen the swale and header and everything, he wants $2,500.00." Discussion ensued concerning the possibility of the city's employees cleaning the ditch after the stumps are ground down; also other drainage problems in the area were discussed. Director Fortner asked, "If the elevations work out - do you want us to go ahead ?" (Correct the drainage overflow problem) Chairman Douglas answered, "I think thats the most economical way to go and the most feasible in the long run." 3480 84 -32 COUNCILMAN WATFORD - CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford noted that the C.F.R.P.C. will hold a public meeting Thursday at 7:00 at the County Courthouse on the proposed Central Florida Regional Planning Council's Wetlands Policy. FIRE CHIEF TOMEY - Bunker Gear Fire Chief Tomey and Fire Lieutenant-Ron Suit addressed Council and gave a compa- rative demonstration concerning the type of bunker gear the fire department'is now using and the type they would like to have budgeted for the next fiscal year. CITY CLERK - REQUEST P.A. SYSTEM, CITY HALL'S CUSTODIAN, VERBATIM MINUTES Clerk Thomas requested that money be put in the budget for a P.A: system to be installed in the Council room this coming fiscal year. Clerk Thomas noted that the Janitor had requested a pay increase due to the extra work load with the addition of the new Police Department, but she felt that his work performance did not warrant this pay increase. The Clerk then suggested the Council considee contracting the City Hall building and grounds cleaning job to a professional cleaning service. Mrs. Thomas then explained the importance of the minutes, whether taped and tranz- scribed verbatim or summarized, relative to their status as permanent public records, according to law. AGENDA ITEM #XX - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 9:40P.M. ATTEST: Bonnie S. Thomas, CM City Clerk City of Okeechobee Edward W. Douglas D.C. Chairman City of Okeechbbee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE 1 1 AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MAY ?, 1984 7:00 P.M. I' Call to Order ZI^ Invocation - Councilman Dowling Watford, Jr. ZII^ Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of April 16, 1989^ V. Police Chief Larry Mobley with presentation to Sgt. Phillip Purvis on occasion of the Sargent's twenty-years service with the City. VI. Appearance of Dr. J. E. Singley with a summary of the Water Trihalomethane Study conducted by Environmental Sciences Engineering of Gainesville. VII. Discussion by the Council on the advisability of reserving 5,000 gallons per day of sewage capacity for Mr. Eddie Williams to utilize for a new 48-room motel to be constructed on property on the east-side of U.S. 441 in the vicinity of South-East l8th^ Street with the reservation to be contingent on the issuance of a building permit for the motel within six months. VIII. Public hearing on the fees and charges to be assessed for street improvements in the North-West 7th~ Avenue special assessment district. IX. Receipt of bid tabulations and recommendations on street paving within the City of Okeechobee and action by the City Council to award a contract for same. X Public hearing and final reading of an Ordinance rezoning prop- erty at 905 Southwest 2nd. Avenue from residential, single family {RSF} to commercial/professional offices {CPO} requested by Carol Bryant for use as a real estate office. {Planning and Zoning Board recommends approval}. XI. Discussion by the Council on the desirability of adopting, as part of the City's Administrative Code, an Employee's Safety and Health Handbook. XII. Action by the City Council on two appointments to the Planning and Zoning Board for a term of three years, three appointments to the Code Enforcement Board for a term of three years, and one appoint- ment to the Code Enforcement Board to fill the unexpired term of a member to April ]O, 1985~ XIII. Adoption of a resolution authorizing the City to continue to parti- cipate and be eligible in the State of Florida Department of General Services Surplus Property Utilization Program and authority for the Mayor to execute the necessary agreements. AGENDA CITY OF OKEECHOBEE Regular Meeting May 7, 1984 page 2 XIV. Action by the City Council to name a replacement to the Okeechobee Competency Board to serve at the pleasure of the Council. %V~ Discussion on proposed changes to the general Police and Fire Pension Plans to reflect increased benefits for military service and to provide the procedures necessary to cover employees when transfering from a department covered by one pension plan to another department covered by a different pension plan. XVI. Further discussion by the Council on changes made in a proposed ordinance submitted for action by the Planning and Zoning Board relative to more precisely defining limitations applying to struc- tures and uses involving the service, storage and repair and sales of motor vehicles. XVII. The public hearing and final reading of an ordinance amending the Ordinance Code of the City of Okeechobee; said amendment will re- peal an ordinance outlining the procedures for special assessments as being unnecessary due to the identical provisions of Chapter 170, Florida Statutes. XVIII. 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/or members of the Council for reports and/or requests. X%^ Adjournment.