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1984-05-21 Regular Meeting3481. 84 -1 84 -18 REGULAR MEETING MONDAY, MAY 21, 1984 The City Council of the City of Okeechobee, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida at 7:02 P.M. Chairman Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James Knight, Vice - Chairman Dowling R. Watford, Councilman Oscar Thomas, Councilman Oakland Chapman, Councilman 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 Jim Knight, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES Chairman Douglas called for additions and deletions to the minutes of the May 7th, Regular Meeting. There being no additions or deletions the minutes were approved as presented. AGENDA ITEM #V - PUBLIC HEARING - ORDINANCE - SERVICING, STORAGE AND 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 TO 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. and asked if anyone in the audience had any comment. Citizen Andy Rubin addressed the Council concerning the effect of this ordinance on private land owners. Chairman Douglas stated this ordinance was only concerning the commercial business establishments. Council discussed the possibility of vehicles being stored, but not being repaired, in commercial establishments. Attorney Conlon suggested the ordinance go back to staff for further drafting and hold another public hearing. After further disucssion by Council members, Chairman Douglas stated that the ordinance needed rewording and another public hearing would be set. AGENDA ITEM #VI - PUBLIC HEARING - ORDINANCE - ORDINANCE REPEALING ORDINANCE #494 Chairman Douglas 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 -27 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 any comments from the audience or Council. There being no comments, Councilman Watford made a motion that the ordinance be adopted. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM #VII - CHAMBER OF COMMERCE REQUESTING CITY TAKE OVER CHRISTMAS DECORATIONS Kirby Faircloth, Representative of the Chamber of Commerce, addressed Council asking that the City take over the responsibility of Christmas decorations from the Chamber of Commerce. m 3482 84 -26 Councilman Chapman asked Mr. Faircloth the cost for Curren Electric to help hang the decorations and the cost of storage. Mr. Faircloth stated this cost was $550.00 per year and the storage for the decorations was $120.00 per month. After further discussion, Councilman Knight moved that the City take over the Christmas decorations from the Chamber of Commerce. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEMS #VIII & IX - OKEECHOBEE COUNTY SCHOOL BOARD'S PROPOSAL - CONNECTION TO THE CITY SEWER SYSTEM & PROPOSED RESOLUTION OF SAME Administrator Fellows explained the situation to Council members as follows: "The schools need to be out of the sewer business and we need to serve them. They have contributed to us a perpetual easement on a very important piece of property in the south west corner of the Senior High School for our main pumping station, lift station, and they are going to contribute, under the terms of this proposal, if Council agrees, an additional 25 foot parcel without which we would be hard pressed to put together our project." (Pro- posal includes waiver of system capacity charges and two of three package plants) Council discussed the proposal and the Administrator read the resolution as follows: WHEREAS, the City of Okeechobee operates a central sewer system within and without the corporate limits of the City of Okeechobee, and; WHEREAS, said system is presently operating near capacity and; WHEREAS, the public health and safety requires the system be managed carefully so as not to became overloaded, now therefore, BE IT RESOLVED by the City Council of the City of Okeechobee as follows: 1. Until further study and review determines otherwise, it is deemed in the best interests of the public's health and safety that no further add-on's or tap in's be permitted to the Okeechobee City sewer system outside the corporate limits of the City of Okeechobee. 2. The prohibition contained herein relative to tap -in's and add-on's to the Okeechobee City sewer system beyond the corporate limits of the city shall not apply to the State of Florida School for Boys nor any of the public schools of the Okeechobee County Public School System. 3. BE IT FURTHER RESOLVED that within the city limits of the City of Okeechobee, tap -on's consisting of less than one thousand (1,000) gallons per day will be permitted upon proper written application to the Director of Public Works. Any application for more than one- thousand (1,000) gallons per day use must be presented to the City Council. 4. This Resolution supersedes Resolution 79 -3 dated March 27, 1979. Further discussion ensued relating to the costs, the City's advantages and disadvantages and the lease with the Florida School for Boys. It was decided paragraph 2 should be de- leted from the resolution at this time. Councilman Watford moved that the resolution be adopted removing paragraph 2. Council- man Knight seconded the motion. Motion carried. AGENDA ITEM #X - APPEARANCE BY ANDY RUBIN TO DISCUSS STREET PAVING SPECIFICATIONS, ENGINEERING, NEEDS OF DEAN'S COURT AND OKEECHOBEE VETERAN'S AFFAIRS Citizen Andy Rubin addressed Council concerning the following items: (1) Permission to sell poppies on street corners on town. (2) Inviting Council members to attend the monument services on Memorial Day. (3) Problems in the Deans Court area (culverts, drainage, poor constructed sidewalks, cleaning alleyways on 9th to 10th and llth to 12th, street lights needed 10th and llth). (4) Engineering - street specifications (rather than paying an engineer to draw up specifications - allow qualified city employees to draw them up saving the city money). (5) Dusty streets within the city limits. T 1 T rir 1 3483 84 -6 84 -4 84 -19 84 -30 AGENDA ITEM #XI - FIRST READING - ORDINANCE - REVISING ORDINANCE #'s 219,220,221 PENSION PLANS Chairman Douglas read the title as follows: AN ORDINANCE AMENDING ORDINANCE NO. 419 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE; AMENDING SECTION 1 DEFINITIONS SUB - PARAGRAPH I CON- TINUOUS SERVICE TO PROVIDE FOR TRANSFERS WITHIN THE CITY; AMENDING SECTION 1 DEFINITIONS, SUB - PARAGRAPH I -2 TO DELETE A PROVISION WHERE NO CREDIT FOR BENEFIT FOR MILITARY SERVICE IN EXCESS OF SIX MONTHS MAY BE GIVEN; AMENDING SECTION III, RETIREMENT DATES AND BENEFITS TO ADD SUB - PARAGRAPH H PROVIDING AN ELIGIBLE EMPLOYEE MAY PURCHASE UP TO FOUR YEARS CREDIT FOR ACTIVE WAR TIME SERVICE IN THE MILITARY; AMENDING SECTION 8 CONTRIBUTIONS TO ADD SUB- PARAGRAPH D PROVIDING THE MANNER OF COMPUTING EMPLOYEES CONTRIBUTIONS TO PURCHASE MILITARY SERVICE CREDIT; AMENDING SECTION XI REPEAL OR TERMINATION OF SYSTEM TO PROVIDE AN ORDER OF PRIORITY FOR PURPOSES ALLOCATING THE ASSETS OF THE SYSTEM UPON REPEAL OR TERMINATION; PROVIDING AN EFFECTIVE DATE. Council members discussed the ordinances briefly. Councilman Chapman moved to set the ordinance for public hearing on June 4th. Council- man Thomas seconded the motion. Motion carried. AGENDA ITEM #XII - ARRANGEMENT BOND ANTICIPATION NOTES $2,212,900.00 Administrator Fellows stated that the Farmers Home Administration had requested that the City make arrangements for a bond anticipation note. Therefore he was requesting authorization from the Council as to working with Bill Weathers of Southeaster Municipal Bonds as a financial consultant or an underwriter. The Administrator explained that if we (the city) would pay Mr. Weathers as consultant the cost would be around $19,000.00, as an underwriter $36,000.00. After discussion, Council authorized the Administrator to negotiate interim arrangements in connection with the issuance of Bond Anticipation notes in the a financial financing amount of $2,212,900.00 and report back to the Council at the next public hearing on June 4th. AGENDA ITEM #XIIa - REQUEST 5,000 GALLONS SEWAGE CAPACITY RESERVED FOR THE CONSTRUCTION OF A 48 ROOM MOTEL ON U.S. 441 SOUTH Mr. Eddie Williams of Myrtle Beach, South Carolina, addressed Council and stated that he would like to construct an Executive 48 unit motel on 441 South (beside the Honey Bee Pancake House) if the City would reserve 5,000 gallons of sewage capacity. Council discussed the request briefly. Councilman Knight moved to grant the request for 5,000 gallons of sewage capacity. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM #XIII - RECEIPT OF BID TABULATIONS - BACKHOE Chairman Douglas noted that the low bidder After further discussion Councilman Thomas Crews Equipment Co., Inc. Councilman Chapman was Crews Equipment Co., Inc. of Avon Park. moved to accept the bid of $30,675.00 from seconded the motion. Motion carried. AGENDA ITEM #XIV - SURPLUS ITEMS TO BE INCLUDED IN THE CITY AUCTION Administrator Fellows asked that this agenda item be omitted at this time and be tabled until a later date, because the Police and Fire departments did not get their list prepared. He further state the auction date would need to be changed from June 2, 1984 to another date. AGENDA ITEM #XV - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Chairman Douglas asked if there was anyone in the audience,wishing to address the Council. There was no response. AGENDA ITEM #XVI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND /OR MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REQUESTS CITY CLERK - Presented Warrant Registers for approval Clerk Thomas presented the Warrant Registers for Council's approval. - The Clerk informed the Council of continuing complaints by citizens of having to pay the garbage fee year round when they only reside here a few months out of the year. 3484 84 -15 84 -9 84 -32 84 -32 ATTORNEY CONLON - Public Hearing with DER Attorney Conlon reminded Council of the Public Hearing with the Department of Environ- mental Regulations to be held, Thursday at 9:00 A.M. in Council Chambers. ADMINISTRATOR FELLOWS - Legal Cities Legislative Bill Administrator Fellows stated that a house bill had been introduced and a senate bill has been passed prohibiting a municipal utility from refusing utility service to a new tenant of a unit for failure of a previous tenant to pay their utility bill. Administrator Fellows then stated that if the Council feels this is an evasion of their home rule powers, a letter could be written on whether or not we were opposed to the bill. Council agreed that the Administrator write a letter opposing the bill on the Council's behalf. - Letter to Okeechobee Beachwater Administrator Fellows asked if there were any questions concerning the letter written to Okeechobee Beachwater on the rate increases. Council discussed the letter briefly and the possibility of Okeechobee Beachwater having their own plant. - Bet -her Acres Administrator Fellows noted there had been several complaints made concerning the rates charged for city water in Bet -her Acres. The Administrator explained the situation. Council discussed the various alternatives which could be taken to resolve this problem. COUNCILMAN CHAPMAN - APPROVAL OF WARRANT REGISTERS Councilman Chapman made a motion to approve the Warrant Registers, the Federal Revenue in the amount of $94,827.00, the Water & Sewer in the amount of $14,533.14, $6,777.61, and the General Fund in the amount of $17,358.23, $17,642.85. Councilman Thomas seconded the motion. Motion carried. - Street Easement, S.E. 8th Avenue Councilman Chapman stated that the street easement on S.E. 8th Avenue needed to be mowed. Director Fortner stated this would be mowed as soon as possible. - N.W. 9th Avenue - Hole (where culvert is located) Councilman Chapman asked Director Fortner if the hole would be covered Up on N.W. 9th Avenue. Director Fortner explained that the culvert's bottom had rusted out, but concrete covers had been ordered and should be in any day to correct the problem. - S.E. 7th Street of 9th and 10th Avenue - Shoulders Councilman Chapman asked about the shoulders of the road being mowed on S.E. 7th Street off 9th and 10th Avenue. Administrator Fellows stated he has not been in touch with Director Fortner on this situation yet. - Red Duncan's situation Councilman Chapman stated he would like to get other bids for the work which needs to be done (instead of just paying Rock -A -Way $2,500.00). FIRE CHIEF TOMEY - Toys for Tots Fire Chief Torrey stated that Caroline Stokes had asked the City and County Fire Depart- ments to help repair and paint old toys for the underprivileged children around Christmas. He stated it would be of no cost to the City - just the firemen's time. Council agreed. - Old Fire Engine Fire Chief Tomey notified the Council concerning the busted block on Fire Engine #1. 1 4. 1 1 111 11 1 3485 3 Council discussed the various alternatives of the sale, repair or disposal of the fire engine. Council decided to make an inquiry to the Historical Society concerning the Fire Engine. AGENDA ITEM #ADJOURNMENT There being no further business to discuss the meeting was adjourned at 9:35 P.M. ATTEST: Bonnie . Thomas, CMC City Clerk City of Okeechobee Edward W. Douglas, D.C. Chairman City of Okeechobee AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING May 21, 1989 7:00 P.M. Z^ Call to Order' II^ Invocation - Councilman Jim Knight III^ Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of May 7, 1984^ V. Public hearing and final reading of an Ordinance amending the Zoning Ordinance of the City of Okeechobee; amending the supp- lementary district regulations to provide limitations to uses involving the servicing, storage, repair or sales of motor vehicles. VI. Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Okeechobee; said amendment re- peals a previous Ordinance which outlined the procedures for special assessments. VII. Discussion by the City Council on a request by the Okeechobee Chamber of Commerce to take over the responsibility for Christmas lighting within the city. VIII. Consideration by the City Council of a proposal to present to the Okeechobee County School Board relative to connec- tion of the Okeechobee County Schools to the city's new sanitary sewer system. IX. Consideration by the Council of a proposed Resolution pro- viding authority for the State of Florida School for Boys and the Okeechobee County Public Schools to connect to the new sanitary sewer system when available. X. Appearance by Andrew Rubin to discuss street paving specifi- cations, needs of Deans Court and Okeechobee veterans' affairs. XI. Introduction and first reading of an Ordinance amending the Ordinance Code of the City of Okeechobee; amending Ordinance 419, 420 and 421 to provide for transfers by personnel between pension systems; providing for eligible employees to purchase up to four years of Military Service credit for pension pur- poses and setting a public hearing for Monday June 41 1989~ XII. Discussion by the Council authorizing the City Administrator to negotiate interim financing arrangements in connection with the issuance of Bond Anticipation Notes in the amount of *2,212,900 with a report back to the Council on or before June 181 1984. XII-a. Action by Council in regards to a request for 5,000 gallons per day of sewage capacity to be used in connection with the construction of a 48-unit motel on U.S. 441 South. AGENDA CITY OF OKEECHOBEE Regular Meeting May 21, I984 page 2 XIII. Receipt of bid tabulations and recommendations relative to the purchase of a backhoe for the Water Division of the Department of Public Works. XIV. Action by the Council to approve a list of surplus items to be offered for sale at the City Auction, June 2, 1984^ %V^ Mayor to call on anyone in the audience wishing to address the Council. XVI. Mayor to call on City Clerk, City Attorney, City Administrator and/or members of the Council for reports and/or requests. XVII. 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