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1984-07-16 Regular Meeting3502 84 -1 84 -2 84 -23 REGULAR MEETING MONDAY, JULY 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 Dowling R. Watford, Jr., Councilman Oscar Thomas, Councilman Oakland Chapman, Councilman Councilman James Knight was absent. Others present were: Bonnie S. Thomas, City Clerk /Finance Officer Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEMS /1II & 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 7 -2 -84 Chairman Douglas called for additions or deletions to the minutes of the July 2, 1984, Regular Meeting. There being no additions or deletions the minutes were approved as presented. AGENDA ITEM //V - MAYOR EDWARD DOUGLAS ON BEHALF OF THE CITY COUNCIL WITH A PRESENTATION TO ALBERT REEL FOR FIVE YEARS SERVICE WITH THE CITY AND FORREST WYATT COMPLETING TEN YEARS SERVICE WITH THE CITY Employees to be honored were not present. AGENDA ITEM ;'/VI - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE TO PROVIDE FOR AN INCREASE IN UTILITY DE- POSITS; PROVIDING FOR THE PAYMENT OF INTEREST; PROVIDING FOR REFUND OF DEPOSIT ON RESIDENTIAL ACCOUNTS AFTER ONE YEAR SATISFACTORY SERVICE; PROVIDING RULES AND REGULATIONS FOR INCREASING DEPOSITS Chairman Douglas read the ordinance by title only as follows: AN .ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE I, SECTION 18 -2 TO PROVIDE REGULATIONS RELATIVE TO UTILITY DEPOSITS; AMENDING SECTION 18 -3 PROVIDING CIRCUMSTANCES UNDER WHICH DEPOSITS FOR COMMERCIAL ESTABLISHMENTS MAY BE INCREASED AND FURTHER PROVIDING FOR THE REFUND OF DEPOSITS AFTER ONE YEAR SATISFACTORY SERVICE EXPERIENCE; RENUMBERING THE PRESENT SECTION 18 -3 AND SECTION 18 -4 TO SECTION 18 -4 AND SECTION 18 -5 RESPECTIVELY; REPEALING SECTION 18 -20, ARTICLE II AND PROVIDING A REVISION OF THE ARTICLE AND RENUMBERING IT TO SECTION 18 -2, ARTICLE I; PROVIDING AN EFFECTIVE DATE. Chairman Douglas asked for public comment. Councilman Watford asked if he could make a motion to amend the ordinance. Chairman Douglas answered yes. Councilman Watford stated, "I would like to move that we amend the title to strike, 'and further providing for the refund of the deposits after one year satisfactory service experience'; we amend Section 18 -2 sub - paragraph a, striking items 1 - 4 and making section a, Residential: $75.00; that we amend Section 18 -3 sub paragraph 1, entitled Provisions Under Which Deposit May Be Increased and that it read 'should any commercial user's account become delinquent three times within any 12 month period, said commercial user shall be required to increase his existing commercial deposit to the ex- tent necessary to bring the deposit up to an average 2 month utility bill; that we amend Section 18 -3 sub paragraph 2, to read 'should a residential user be delinquent on three occasions or more during any twelve month period said residential user shall be required to increase his residential utility de- posit so as to equal $75.00 or an average 2 month bill whichever is higher." Councilman Chapman seconded the motion. Chairman Douglas asked if there was any discussion on the amendment. 1 T 1 1 r 3503 84 -11 Administrator Fellows asked if he could ask Councilman Watford to include Water, Sewer and Garbage, in the total bill. Wherever 2 months is mentioned in the ordinance, that it state Water, Sewer and Ga rbage. Councilmen Watford and Chapman agreed to the change. Chairman Douglas asked for discussion. Director Fortner asked if the customers had a certain amount of time to meet their required deposit. Councilman Watford moved that in Section 18 -3 sub paragraph 1, 'said commercial user shall be required, within 30 days, to meet said commercial deposit to the extent necessary'. (The same shall be required on the residential). Councilman Chapman agreed to the amendment. Chairman Douglas asked for any further discussion on the amendment. Citizen Andy Rubin asked for a clarification on sub - paragraph 2. Councilman Watford stated that the whole paragraph was deleted. Citizen Andy Rubin required that it be inserted that the Senior Citizens be exempt or those on fixed incomes. Chairman Douglas called for a vote on the motion. Motion carried. Chairman Douglas asked if there was anyone in the audience wishing to address Council. Citizen Andy Rubin requested again that the Senior Citizens be exempt on the deposit re- quirements. Chairman Douglas asked for any discussion from the Council, or a motion to adopt the ordi- nance. Councilman Watford moved to adopt the ordinance. Councilman Chapman seconded the motion. Motion carried by a unanimous vote. AGENDA ITEM / /VII - DISCUSSION BY THE COUNCIL ON A PROPOSED RESOLUTION WHICH PROVIDES RULES BY WHICH BIDDERS MAY PROTEST THE PUBLIC BIDDING PROCESS Chairman Douglas asked Administrator Fellows to explain the proposed resolution. Administrator Fellows stated, "The DER conducted a project management conference here in Okeechobee last month. One of the requirements the EPA and the DER have is that the bidding process provide for means for bidders to protest if they feel they have been discriminated against or that some action has taken place with which they disagree. We provided a copy of the proposed resolution to the DER and they gave their approval." Attorney Conlon read the resolution in its entirety as follows: A RESOLUTION SETTING FORTH THE METHOD OF PROTESTING THE ACTION AWARDING A BID BY THE CITY OF OKEECHOBEE: WHEREAS, the City of Okeechobee has established, by resolution, a requirement that that all work or materials costing over thirty -five hundred dollars ($3,500) be awarded by competitive bidding and; WHEREAS, the City of Okeechobee wishes to adopt rules specifying procedures for the resolution of protest arising from the contract bidding process, now therefore, BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, as follows: 1. The City shall provide notice of its decision relative to awarding a bid by posting the bid tabulation on the bulletin board at City Hall. The notice shall contain the the following statement: "Failure to file a protest within 72 hours Shall consti- tute a waiver of the right to object to the action awarding the bid ". 2. Any person who is affected adversely by the City's decision shall file with the City Clerk's office, Notice of Protest, in writing, within 72 hours after the posting of the notice of action awarding bid shall file a formal written protest within seven (7) days after Notice of Protest setting forth specific grounds upon which the protest is based; both factual and legal. Failure to file a Notice of Protest, or failure to file a formal written protest shall constitute a waiver of the right to object to the action awarding the bid. 3. The City, upon the request of a protester shall provide an opportunity to for- mally present the protest, within twenty -two days of receipt of a formal written protest. Introduced and adopted in regular session assembled this 16th day of July, 1984. Attorney Conlon explained the resolution to the Council members. Councilman Chap-ran asked Administrator Fellows if the DER had requested the city adopt this 3504 84 -31 resolution. Administrator Fellows answered yes. Councilman Chapman moved to adopt the resolution as read by Attorney Conlon. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM /IVIII - ACTION BY THE COUNCIL ON ADOPTION OF A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREE- FOR THE INSTALLATION. OF NEW LIGHTING SYSTEM ON STATE ROAD 70 BETWEEN U.S. 441 AND EAST 4TH AVENUE AND AUTHORITY FOR MAYOR AND CLERK TO EXECUTE AGREEMENT FOR MAINTENANCE OF SAME Administrator Fellows explained, "This is a standard DOT resolution where they are going to resurface from 441 to the four laning in this coming budget year. They are are going to build a sidewalk(on the south side of 70 east) to Kentucky Fried Chicken. They also are going to put new street lights similar to what they have on the new four lane por- tion. This resolution is their standard resolution form, where the City agrees that once they put it in that the City will maintain it." Attorney Conlon read the resolution as follows: A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND /OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT -OF -WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. ON MOTION OF Councilman , seconded by Councilman the following Resolution was adopted: AND WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of the Highway Lighting System located on State Road 70, AND WHEREAS, the State of Florida Department of Transportation having requested the City of Okeechobee, Florida, to execute and deliver to the State of Florida Department of Transportation a Joint Project Agreement for Highway Lighting, providing for joint responsibilities of the Department and the City, and said request having been duly considered, NOW THERFORE, BE IT RESOLVED by the City Commission (Council) of the City of Okeechobee, Florida, that the Mayor and Clerk (City Manager) be and they are hereby authorized and directed to make, execute and deliver to the State of Florida Department of Transportation a Highway Lighting Agreement for the adjustment, relocation, and /or installation of a certain lighting system within the Right of Way limits of said State Road 70, Section BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED AND PASSED by the City Commission (Council) of the City of Okeechobee, Florida, in regular session, this 16th day of July, 1984. Councilman Thomas moved that the resolution be adopted. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM /1IX RECEIPT OF PROPOSED BUDGET FOR THE CITY OF OKEECHOBEE, FISCAL YEAR BEGINNING OCTOBER 1, 1984 AND CERTIFICATION OF MILLAGE TO PROPERTY APPRAISER AND SETTING OF PUBLIC HEARING TO ADOPT A TENTATIVE BUDGET FOR MONDAY, SEPTEMBER 10, 1984 AND FOR SETTING MILLAGE AND FINAL BUDGET HEARING FOR MONDAY, SEPTEMBER 17, 1984 Chairman Douglas asked the Administrator to explain the agenda item. Administrator Fellows stated, "Mrs. Thomas and I have the budget put together for the Council's consideration. We must certify to the Property Appraiser a millage by the end of the month. We currently have our budget calendar set up for our Budget Hearings that are in September. But, we are suggesting that Council consider certifying the maximum amount of millage that we can because we can always decrease it but we cannot increase it. So if the Council feels that it is in order, we would like to get that notice certified tonight, then as the E'oundi`l has an opportunity to study over the budget documents you may wish to 3505 3 _ - work some additional hearings in September. There are currently two hearings set up now." Councilman Thomas asked, "What does a mill bring in now ?" Administrator Fellows and the Clerk answered, "About $72,000." After a brief discussion Councilman Watford moved that the tentative millage rate be set at 4.889. Councilman Chapman seconded the motion. Motion carried. Councilman Watford moved that the debt service millage rate remain the same at .15. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEMS #X do #XI - MAYOR TO CALL ON AUDIENCE, CITY CLERK, CITY ATTORNEY Chairman Douglas stated Washington concerning the Chairman Douglas asked the stated that the Amtrak officials received some unacticipated Passenger's Association, has information and support for Chairman Douglas stated Faircloth, the reporters from Rubin, President of the Taxpayer's a good representation for public Kirby Faircloth on behalf favor of the train making a day stating the same. Attorney Conlon stated Citizen Andy Rubin addressed greatly needed, and if Council requesting this stop, he would signature and return them to Clerk Thomas stated that for Mr. Rubin. Kirby Faircloth introduced members. Mr. Faircloth stated that benches at all the bus stops and he was now requesting City limits. Mr. Foland stated that departments. He then stated would be given to the Chamber advertising for cigarettes, alcohol After a question and answer for study until the next meeting. Councilman Watford second Motion carried. Mr. Red Duncan addressed Council from a crossbasin being installed A discussion was held concerning cost of such methods. Chairman Douglas informed the ditch the next day. CITY .ADMINISTRATOR AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REQUESTS with the Amtrak Officials in in Okeechobee. Administrator Fellows And also that we have - The national Railroad pointing out some statistical of Commerce, Kirby News, and Mr. the meeting therefore we had stating that he was in get a letter out the next would help as far as public input. stop in Okeechobee was to make up cards or letters of Okeechobee for their letters were made up Corp. to Council who had put out the Commissioners approval to 50 benches) within the permits from DOT and other of the benches stated there would be no to table the request on his property resulting to correct it, and the shell would be put in that the City had beencorresponding possibility of the train making a stop Administrator to elaborate on the subject. had our request under advisement. support from an association in Miami already written a letter to Amtrak a stop being made in Okeechobee. that the Vice President of the Chamber the Post Newspaper and the Okeechobee Association were present at input as far as the public's feelings. of the Chamber, addressed the Council stop in Okeechobee, and they would that written letters from citizens Council stating that the Amtrak would allow some City employees take them around to the citizens the City for mailing. she would see to it that the necessary Gerald Foland of the Barren Group, Mr. Foland's company was the one in Okeechobee County, with County that they be able to put benches (40 he has received all of the necessary that 15% of the income from the advertising of Commerce each month. He also and politics on the benches. period, Councilman Thomas moved the motion concerning the water overflow in a ditch near his home. the situation, the best way Mr. Duncan that a truck load of 3506 Clerk Thomas stated that she had received a letter of appraisal from NCR's Representative, Alan young, relative to the used C.P.U. that was considered for purchase by the City and further read the contents of the letter as follows: This letter confirms my recommendation that you buy the available equipment from Great Western Meat, Orlando. I have seen the equipment myself and it appears to be in excellent condition. Our service department has maintained the equipment since its in- stallation in late 1981 . If you were to buy just the reconditioned disk units from NCR, the cost would be approximately $10,200. The cost of the entire system you are getting would be approximately $18,000. You will be able to use the communication adapters and memory boards in your processor, saving you additional dollars in the future. These additional disk units will double your present storage capacity allowing you room for growth. In addition, you are getting a removable unit which will make operations faster and easier. For these reasons, I believe this is a good decision and a wise investment for the City. Please let me know if I can be of further service. S /Alan Young, Account Manager, Clerk Thomas also stated that she had a notice in the newspaper requesting bids. Administrator Fellows stated that he had received today from the U.S. Environmental Protection Agency an amendment to our grant which allows the city to go from a certi- fied to a non certified status. He them asked Mr. Broome to explain. Engineer Broome stated, "As it is, if we are certified we have to review all of the records of the contractor & subcontractors, The bottom line is that if we do not really do all of the homework, the EPA will not give us the portion of the grant that should have gone toward the EEO (Equal Employment Opportunity) which is 30 %. By getting de- certified the responsibility reverts to EPA. Where this particular individual does this all of the time." Administrator Fellows then stated that a motion was needed to authorize the acceptance of the grant amendment and the authority for the Mayor to sign it. Councilman Watford asked, "Does this take away from any of our grants ?" Administrator Fellows answered, "No, it just take the responsibility off of us to make sure that the contractors are hiring all of the minority businesses they are suppose to. It makes the EPA do that." Councilman Watford then moved that the mayor be authorized to sign the agreement. Councilman Chapman seconded the motion. Motion carried. Councilman Chapman asked the Administrator if the trees and growth had been trimmed on 800 S.E. 8th Avenue. Administrator Fellows stated this would be done within a week. Councilman Chapman asked if a fence permit was given for the fence to be built at Simmons Restaurant. After a brief discussion concerning the fence, Administrator Fellows stated he would check with the Building Official concerning the permit. Councilman Chapman asked Director Fortner to check into the sidewalk on S.W. 6th St. near the schools, because the sidewalks had been cracked from the tree roots, and he felt this needed to be taken care of before someone got hurt. Director Fortner stated he would check into the situation. Councilman Chapman asked Administrator Fellows if he had found out who owned the van parked on S.W. 9th St. (beside Salter Watford's home). Administrator Fellows stated he would find out who the owner was and get back with Councilman Chapman. Councilman Chapman asked Administrator Fellows if there had been a complaint filed with the Stop N Go on 70 West concerning a shooting. Administrator Fellows stated there were 2 officers at the scene of a fight, and someone claimed there had been a gun fired, but 3507 3 the reason he was involved was that the police officers should be. Councilman Chapman asked if charges were filed. answered yes, but he did not know what they were. Further discussion was held by Council members concerning someone being injured by the firing of the gun. Engineer Broome told Council members that 80 people had could not agree on what the charges Administrator Fellows the possibility of picked up the plans and specs will be opened Friday, July 20 was adjourned at 9:15 P.M. Arl / .to for the sewer treatment plant project. Bids on the project at 10:00 A.M. and 2:00 P.M. AGENDA ITEM / /XII - ADJOURNMENT There being ATTEST: no further business to discuss the meeting dward Chairman City W. Dou•las, D.C. of Okeechobee Bonnie S. Thomas, CMC City Clerk City of Okeechobee 1 i T1' E T AGENDA REGULAR MEETING July 16, 1984 7:00 P. M. 1. Call to Order Invocation - City Clerk, Bonnie Thomas Pledge of Allegiance - Mayor, Edward Douglas IV. Approval of the minutes of the regular meeting of July 2, 1984 V. Mayor Edward Douglas on behalf of the City Council with a presentation to Albert Reel for five years service with the City and Forrest Wyatt com- pleting ten years service with the City. VI. Public hearing and final reading of an ordinance amending the ordinance code of the City of Okeechobee to provide for an increase in utility de- posits; providing for the payment of interest; providing for refund of deposit on residential accounts after one year satisfactory service; providing rules and regulations for increasing deposits. VII. Discussion by the Council on a proposed resolution which provides rules by which bidders may protest the public bidding process. VIII. Action by the Council on adoption of a resolution authorizing execution of a highway lighting agreement for the installation of new lighting system on State Road 70 between U.S. 441 and East 4th. Avenue and autho- rity for Mayor and Clerk to execute agreement for maintenance of same. IX. Receipt of proposed budget for the City of Okeechobee, fiscal year begin- ning October 1, 1984 and certification of millage to property appraiser and setting of public hearing to adopt a tentative budget for Monday, September 10, 1984 and for setting of millage and final budget hearing for Monday, September 17, 1984. X. Mayor to call on audience for anyone 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 request. XII. Adjournment.