Loading...
1984-06-04 Regular Meeting3486 84 -1 84 -28 84 -6 REGULAR MEETING MONDAY JUNE 4, 1984 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd 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, 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 Clerk Thomas, followed by the Pledge of Allegiance. AGENDA ITEM # IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MAY 21, 1984 Chairman Douglas called for additions or deletions to the minutes of the May 21 regular meeting. There being no additions or deletions the minutes were approved as presented. AGENDA ITEM # V - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE; AMENDING THE SUPPLEMENTARY DISTRICT REGULATIONS TO PROVIDE LIMITATIONS TO USES INVOLVING THE SERVICING, STORAGE, REPAIR OR SALES 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 SEC- TION 7 SUPPLEMENTARY DISTRICT REGULATIONS TO ADD AN ADDITIO- NAL 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; PRO- VIDING AN EFFECTIVE DATE. Chairman Douglas asked for discussion. Citizen Andy Rubin asked if the ordinance had a provision for the vehicles being held for insurance reasons. Chairman Douglas answered Mr. Rubin stating Section 18 (b) provided for the insurance provisions. Councilman Watford thanked the administrator for re- wording the ordinance as Council requested. Councilman Knight made a motion that the ordinance be adopted. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM # VI - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING THE ORDI- NANCE CODE OF THE CITY OF,OKEECHOBEE; AMENDING ORDINANCE 419, 420 AND 421 TO PROVIDE FOR TRANSFERS OF PERSONNEL-BETWEEN PENSION SYSTEMS; PROVIDING THAT ELIGIBLE EMPLOYEES MAY PURCHASE UP TO FOUR (EARS OF MILITARY SERVICE CREDIT FOR PENSION PURPOSES. Chairman Douglas read the ordinance by title only 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 CONTINUOUS SERVICE TO PROVIDE FOR TRANSFERS WITHIN THE CITY; AMENDING SECTION 1 DEFINITIONS, SUB - PARAGRAPH I -2 TO DELETE A PRO- VISION 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 3487 84 -8 84 -34 D PROVIDING THE MANNER OF COMPUTING EMPLOYEES CONTRIBUTIONS TO PUR- CHASE MILITARY SERVICE CREDIT; AMENDING SECTION XI REPEAL OR TERMI- NATION OF SYSTEM TO PROVIDE AN ORDER OF PRIORITY FOR PURPOSES ALLOCA- TING THE ASSETS OF THE SYSTEM UPON REPEAL OR TERMINATION; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for disucssion. Councilman Watford asked if these changes would be of any cost to the city. Administrator Fellows answered, "No. ". Councilman Thomas moved that the ordinances be adopted. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM # VII - ACTION BY THE COUNCIL TO ESTABLISH A SAFETY COMMITTEE AND APPOINT MEMBERS THERETO. Chairman Douglas introduced the agenda item. Councilman Chapman asked the Administrator how the committee members were chosen. The Administrator explained that the department heads had chose the members. Councilman Watford questioned the necessity of having a safety committee. The Administrator explained by stating that the city's workman's compensation insurance carrier had requested the city to establish a safety committee to help insure the city's rebate for next year. Councilman Watford made a motion that the city establish a safety committee with the members as stated by the Department Heads. Councilman Knight seconded the motion. Andy Rubin asked for the member's names. Councilman Watford read the names as follows: Clerk's Office, Shirley Ball; Fire Department, Jim Threewits; Police Department, Buck Farrenkopf; Public Works, J. Bennett and C. Elders. Motion carried. AGENDA ITEM # VIII - ACTION BY COUNCIL ON A REQUEST OF THE FOURTH OF JULY COMMITTEE FOR A DETERMINATION AS TO WHETHER OR NOT THE AREA IN BACK OF THE OLD HOSPITAL IS TO BE CON- SIDERED A PUBLIC RECREATION AREA. Chairman Douglas stated that the Fourth of July Committee had requested a position on the agenda to discuss whether or not the Council considers the areas west of the old hospital as public recreation areas. The reason for seeking a definition of this was because the committee wishes to serve beer at this location during the fourth of July activities. City Ordinance #439 prohibits the drinking of beer, wine or other alcoholic beverages upon the public streets, alleyways, sidewalks or other rights -of -way, or in the public recreation areas or city parks. Councilman Chapman asked, "Does the County Commission consider this a public recrea- tion area ?" Chairman Douglas answered, "No, they do not consider it a public recreation area since the areas are only used for practice ". Mary Ann Holt addressed council and stated, "I spoke with the County Commission and they told me they do not feel this area is part of the recreation park since it's only used as a practice field." "I also spoke with Mr. Enfinger, the Recreation Director, and he concurred with what the Commission has said." Councilman Chapman asked if there were any alleyways in this area, and then stated we had an ordinance that prohibits the drinking of beer, wine, etc. in any public recreation parks, and if we changed the ordinance would we not be opening up the door. Attorney Conlon stated that the ordinance could be amended to grant the Fourth of July Committee request. At this time each councilman expressed his opinion concerning the sale of alcoholic beverages in a public recreation area. Councilman Chapman then made a motion to leave the ordinance as is (prohibiting the sale of alcoholic beverages in public recreational areas). Councilman Thomas seconded the motion. Motion carried. 3488 84 -26 84 -3 84 -3 AGENDA ITEM # IX - DISCUSSION BY THE COUNCIL ON THE DESIRABILITY OF AUTHORIZING AN ORDINANCE TO REESTABLISH THE SANITARY SEWER TREATMENT PLANT TRUST FUND. Administrator Fellows stated, "When the Council adopted the sewer use ordinance (required by the E.P.A.) inadvertently we did not include Section 18 - 47, which was in the previous ordinance. That was the creation of a special trust fund known as the Sanitary Sewer Treatment Plant Trust Fund, and it provided the rules and regulations relating to where the money should be deposited and how it would be used." "We would like to ask the Council if they would allow us to draft 'an ordinance to amend' to put this section back in it." Councilman Chapman asked, "Was it just overlooked ?" Administrator Fellows answered, "Yes sir, just overlooked. The ordinance does not tell us what to do with the money." Councilman Chapman asked if the money would only be used for the trust fund. Administrator Fellows answered, "Yes, the money is for the enlargement and expan- sion of the plant only and only by a motion by the council." Councilman Watford asked, "Shouldn't this be the Sewer Treatment System rather than plant ?" Administrator Fellows replied to Councilman Watford's question by stating, "This applies to the treatment of the expansion, but there is no reason you can't put in "Sewer Treatment System" if you want to." After further discussion Councilman Watford made a motion to instruct the staff to draw up an ordinance to provide a Sanitary Sewer System Trust Fund. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM # X - ACTION BY THE COUNCIL TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT WITH THE SEABOARD COASTLINE TO CONSTRUCT AND MAINTAIN PUBLIC PEDESTRIAN CROSSINGS IN CONNECTION WITH THE SIDE- WALKS IN DEAN'S COURT. Chairman Douglas introduced the agenda item. Attorney Conlon stated there were some problems with the agreement as it was, and he felt further drafting was needed before the council should vote on it. Administrator Fellows stated, "Whenever you have any type of construction with the railroad, you enter into some type of agreement. This is the first one I have received so I sent it on to the attorney." Councilman Chapman asked how long would it take to draft up an ordinance. Administrator Fellows stated it could be ready for the next meeting. Councilman Chapman asked, "How long will it take for the actual construction of putting in the crosswalks ?" Administrator Fellows, "They've already been put in - this is the 'after the facts' ". Council discussed the need for adopting the resolution and decided against it. AGENDA ITEM # XI - ACTION BY THE COUNCIL TO AUTHORIZE A CHANGE ORDER ON THE STREET CONSTRUCTION CONTRACTS TO DELETE PAVING OF SOUTHEAST 17TH STREET AND AUTHORIZING THE INSTALLATION OF UNDERGROUND DRAINAGE BY FORCE ACCOUNT. Chairman Douglas introduced the next agenda item. Councilman Chapman stated, "I would not be for it at all, but I feel the city is in error concerning the drainage problems off of 441 South ". Council members discussed the drainage problems on S. E. 17th Street. Councilman Watford asked why it was so expensive to pave S. E. 17th Street. Director Fortner answered, "The underground drainage is what is so expensive." The administrator noted that the drainage was costing $6,000. and the paving $5,400. Councilman Watford asked if the city could install the drainage work for less than contracting it out. A 84 -23 84 -32 Director Fortner answered, "We could do this. It's a slow process, but we can do it." Councilman Chapman stated, "I feel the city is partially responsible for these problems, and we are getting revenue since the Pancake House has already been built there. I feel (considering this), we can help out with the drainage problems ". Councilman Watford stated, "We have a committment for paving of $1,800. I spoke with Mr. Berger and Mr. DeMicco today. Mr. Berger stated he would stay with the commi- ttment he had made ($900.). Mr. DeMicco stated he would stay with the his committment providing the street is paved. One lady has said she would pay $300. I am just wondering if it is worth getting into now or not ". Council discussed the possibility of the city putting in the drainage and the con- tractor paving it. The administrator stated the drainage will cost the city $3,000. and $5,000. if the contractor does it. Councilman Chapman asked Director Fortner how long would it take for him to install the underground drainage. Director Fortner answered, "One week of good weather." Councilman Watford stated, "If we can do it ourselves, it is worth it to go ahead and do it. If we can't, it will end up costing us more. If we can work it out with the paving contractor." Administrator Fellows asked, "Would the Council want these people to pay the money up front ?" Councilman Watford stated he had spoken with Ms. Cole and she would have a financial problem coming up with the whole amount at once. Councilman Chapman stated, "This is not those people's fault (in the back). They didn't cause the problem, now both elderly ladies have to come up with money - it's not fair. I don't think she ought to have to pay anything. ", "If they (Louis DeMicco and Phil Berger) want to come up with $900. each and let the city do the work, the contractor pave it, O.K." After further discussion, Councilman Watford moved to "Proceed with paving S. E. 17th Street, providing we receive $1,800. from the property owners involved, DeMicco and Berger, and the city will do the drainage work with our city crews and work out the schedule with the paving contractor, payment as agreed upon by DeMicco and Berger ". Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM XII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL. Mr. Richard MeClellan addressed Council concerning un -paid water bills left by renters r;' -ich had to be paid by the land owners before the water could be turned back on. Mr. McClellan noted that the Florida Legislature had passed the bill (to become effective July 1) concerning bills left from renters. Council discussed the possibility of increasing the water deposit from $50. to $75. to make sure that the city did not Pose money. After further discussion, Chairman Douglas directed the Clerk, Administrator and Director of Public Works to get together and come up with a possible solution to the problem. Ms. Jan Thornburn, Secretary /Treasurer of the Volunteer Fire Department addressed council members pleading for the future of Engine # 1. Council discussed the fire engine, the use of the pumper, the cost of the repair work to be done ($1,300.) and the line items with available money from which the money could be obtained, or budgeted next year. Administrator Fellows informed council that a member had offered a $200. donation from the Historical Society. 1 1 3490 84 -37 84 -38 After further discussion, Councilman Chapman made a motion to keep Engine #1, fix it up, and accept the $200. donation from the Historical Society. Councilman Thomas seconded the motion. Chairman Douglas asked for any further discussion. Councilman Watford stated, "There's more involved here to think of. I think we have to look at the total amount of the budget, the total amount of equipment we have in our City Fire Department ". Fire Chief Tomey asked, "If I find the money, can we fix it ?" Councilman Thomas called "Question ". Motion carried. Mr. Jack Butler addressed council members and stated he had requested a building permit from Mr. Westbrook to build an enclosed building on his car lot in order to work on the vehicles he had for sale. Mr. Westbrook denied him a permit. Mr. Butler then requested a permit for him to pour a slab of concrete for the same purpose. He was denied this also. Council discussed the situation. Councilman Watford stated the appeal should be taken to the Board of Adjustments and Appeals first. After further discussion, Chairman Douglas told Mr. Butler that the Administrator would check into the matter and get back with him the following day. Mr. Andy Rubin stated that he felt our attorney should be included in on agenda items #IX and X. AGENDA ITEM #XIII - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND CITY COUNCILMEN FOR REPORTS AND /OR REQUESTS. City Clerk Thomas presented the warrent registers for council's approval. Attorney Conlon stated there is not a written agreement with Bet -Her Acres as far as he and City Clerk could determine. Attorney Conlon then stated that he was still researching the matter, and that the city could inact an ordinance on the sale of treated water if they wished. Administrator Fellows stated that the S. E. 8th Avenue Bridge had been inspected again. The City needs to adopt another emergency ordinance on the S.E. 8th Avenue bridge with the load limit of 3 tons. Administrator Fellows read the ordinance. EMERGENCY ORDINANCE AN EMERGENCY ORDINANCE SETTING LOAD LIMITS ON THE SOUTHEAST 8TH AVENUE BRIDGE; PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: There is hereby established a load limit of 3 -tons on the Southeast 8th Avenue bridge and the Director of Public Works is hereby authorized to post said load limit to become effective immediately, said load limit not applying to rescue and other emergency vehicles. SECTION II: Violations of this Ordinance shall be punishable as provided by law. Adopted as an emergency ordinance this 4th day of June , 1984 Councilman Chapman made a motion that the ordinance be adopted. Councilman Knight seconded the motion. Motion carried. Director Fortner to erect the necessary signs. Councilman Knight is to contact the School Board regarding the buses. 3491 84 -14 84 -39 84 -37 Councilman Chapman moved to approve the warrant registers follows: as GENERAL FUND WATER & SEWER 12,798.15 83,360.16 21,298.70 24,814.45 Councilman Thomas seconded the motion. Motion carried. Councilman Chapman stated that the owners of the shopping center east of town were going to landscape their parking lot, which will take care of the vehicles crossing over the sod on the side of S. E. Eighth Avenue. Councilman Chapman requested that the Police Department's tranquilizer gun be given to the Humane Society since the Police Department was no longer using it. Chief Mobley said they did not mind because they have not used the gun for some time. After further discussion, Councilman Chapman moved to give the tranquilizer gun to the Humane Society with the proper paperwork and insurance assurance. Councilman Knight seconded the motion. Motion carried. Councilman Watford stated that Ms. Jean Paige had been in touch with him concerning two letters she received from the building department stating she had a fence and utility shed partially on an alleyway without obtaining the proper permits. Councilman Watford then moved that she be allowed to leave the fence and shed in the alleyway providing she agrees to move them upon the city's request. Councilman Thomas seconded the motion. Motion carried. AGENDAY ITEM # XIV - ADJOURNMENT There being no further business, meeting was adjourned at 9:24 p.m. Edward W. Douglas Chairman City of Okeechobee Attest: _l►� %��ic✓ %�%, — ;� Bonnie S. Thomas City Clerk City of Okeechobee THERE IS A TAPE OF THE MEETING IN ITS ENTIRETY IN THE CITY CLERK'S OFFICE 1 _ 1 1 1 AGENDA CITY OF OKEECHOBEE REGULAR MEETING June 4, 1984 7:00 P.M. I• Call to Order II. Invocation - Clerk, Bonnie Thomas III• Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of May 21, 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; amending Ordinance 419, 420 and 421 to provide for transfers of personnel between pension systems; providing that eligible employees may purchase up to four -years of military service credit for pension purposes. VII. Action by the Council to establish a safety committee and appoint members thereto. VIII. Action by Council on a request of the Fourth of July Committee for a determination as to whether or not the area in back of the old hospital is to be considered a public recreation area. IX. Discussion by the Council on the desirability of authorizing an Ordinance to reestablish the sanitary sewer treatment plant trust fund. X. Action by the Council to adopt a resolution authorizing the Mayor and Clerk to execute an agreement with the Seaboard Coastline to construct and maintain public pedestrian crossings in connection with the sidewalks in Deans Court. XI. Action by the Council to authorize a change order on the street construction contracts to delete paving of Southeast 17th Street and authorizing the installation of underground drainage by force account. XII. Mayor to call on anyone in the audience wishing to address the Council. XIII. Mayor to call on City Clerk,(CityAttorney, City Administrator and City Councilmen for reports and /or request. XIV. Adjournment.