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1984-12-10 Regular Meeting3573 - - 84 -51 REGULAR MEETING MONDAY, DECEMBER 10, 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 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 J. Wilkerson, Deputy Clerk AGENDA ITEMS #II do III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend C.R. Kilgore, Pastor of the Church of God, followed by the Pledge of Allegiance. Reverend Kilgore presented an award of special recognitiot from the Citizens of Okee- chobee to Councilman Oakland Chapman for attending every City Council meeting for the past six (6) years. AGENDA ITEM #V - ACTION BY THE COUNCIL TO APPROVE THE CERTIFICATE OF THE CITY CANVASSING BOARD RELATIVE TO THE RECENT CITY ELECTIONS AND RESOLUTIONS Chairman Douglas read the results of the City General Election as follows: STATE OF FLORIDA OKEECHOBEE , COUNTY, CITY OF OKEECHOBEE We, the undersigned, Edward W. Douglas, James H. Knight, Dowling R. Watford, Jr., Oscar Thomas and Oakland Chapman, City Councilmen, and Bonnie S. Thomas, City Clerk and Supervisor of City Elections, constituting the Board of City Canvassers in and for said City, do hereby certify that we met in the City Council Chambers on the 10th day of December , 1984, and proceeded to pub- licly canvass the votes given for the two (2) City Council seats held on the Fourth day of December 1984, as shown by the returns on file in the offic of the City Clerk, 55 Southeast Third Avenue. Okeechobee, Florida. We do hereby certify from said returns as follows: R.R. "NICK" COLLINS received 374 votes ANDY RUBIN received 269 votes DOWLING R. WATFORD, JR. received 212 votes JAMES H. KNIGHT received 188 votes BRENDA TRENT O'CONNOR received 187 votes The total' number of persons who voted in the 1984 General City Election was 690 . STRAW VOTE: Are you in favor of extending the City limits by annexation? Yes 342 No 154 Chairman Douglas read the resolution declaring the results as follows: WHEREAS, the City Council of the City of Okeechobee, Florida, sitting as a board of canvassers, has canvassed the returns of the City General Election held Decem- ber 4th, 1984, and 1 1 1 t 111 r I A 3574 A Yu WHEREAS, R.R. "NICK" COLLINS and ANDY RUBIN • received the highest number of votes for Councilmen. NOW, THEREFORE, BE IT RESOLVED, that R.R. "NICK" COLLINS and ANDY RUBIN be, and they are hereby declared elected for four (4) years as City Councilmen, with terms beginning the first Monday in January, 1985. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver certificates of election to each of the above named persons. PASSED AND ADOPTED in regular session this 10th day of December , A.D., 1984. The Chairman then asked for discussion. There was no discussion. Councilman Knight made a motion that the resolution be approved. Councilman Chapman seconded the motion. Motion carried. Chairman Douglas read a resolution of appreciation for Councilman James Knight as follows: WHEREAS, Jim Knight, Senior, has completed eight -years service to the City of Okeechobee as City Councilman; and WHEREAS, during his tenure the City experienced tremendous growth in the way of new residents and new business; and WHEREAS, during his tenure the City was successful in undertaking a 201 area -wide wastewater treatment plan; and WHEREAS, Vice Mayor and Councilman Jim Knight, Senior also served his community on the finance and taxation committee of the Florida League of Cities; and WHEREAS, the Mayor and present members of the Council wish to thank Jim Knight, Senior for his service to the community. NOW,' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows: The Mayor and City Council hereby extend to Jim Knight, Senior best wishes and sincere thanks for service to the community. Introduced and adopted in regular session this 10th day of December, 1984. follows: Chairman Douglas read a resolution of appreciation for Councilman Dowling Watford as WHEREAS, Dowling Watford, Jr., has completed four -years service to the City of Okeechobee as City Councilman; and WHEREAS, during his tenure the City experienced tremendous growth in the way of new residents and new business; and WHEREAS, during his tenure the City was successful in undertaking a 201 area -wide wastewater treatment plan; and WHEREAS, Councilman Dowling Watford, Jr., also served his community as Chairman of the Central Florida Regional Planning Council; and 3575 _ _ 84 -1 84 -48 WHEREAS, the Mayor and present members of the Council wish to thank Dowling Watford, Jr. for his service to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows: The Mayor and City Council hereby extend to Dowling Watford, Jr. best wishes and sincere thanks for service to the community. Introduced and adopted in regular session this 10th day of December, 1984. Councilman Chapman made a motion that the resolutions be approved as read. Councilman Thomas seconded the motion. There being no discussion, the motion carried. AGENDA ITEM / /IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF 11 -5 -84 Chairman Douglas called for any additions or deletions to the minutes of the Regular Meeting of November 5th, 1984. There being no additions or deletions the minutes were approved as presented. AGENDA ITEM /IVII - APPEARANCES (a) Ms. Linda Wilcox addressed Council concerning the recent passage of the handicapped ordinance in which the maximum fine allowed by state law ($100.00) was reduced to $25.00. Ms. Wilcox made several comments as to why the fine should be increased to $100.00. Councilman Thomas stated that he made the motion to reduce the fine to $25.00, but since the passage of the ordinance he had checked with several other communities and with his findinlshe felt the fine should be increased to the maximum amount allowed. Councilman Thomas then made a motion to amend the handicapped ordinance (to include a $100.00 fine). Councilman Chapman seconded the motion. Chairman Douglas asked for discussion. Councilman Watford stated, "I think the important thing is to enforce the law. We did pass the law. The proper signs were . put up. I'm sure our City Police Department will enforce the law. I don't think the amount is what's important. I think the ordinance is fine as it is, I don't see the need to change the ordinance." Chairman Douglas asked if there was any further discussion. There being no further dis- cussion, Chairman Douglas asked for a vote on the motion to amend the handicapped ordinance. Councilmen Thomas and Chapman voted "Aye". Councilmen Watford and Knight voted "Nay ". Chairman Douglas vote "Aye ", therefore the motion to amend the ordinance carried. Ms. Wilcox thanked the Council for their decision to amend the ordinance. Mr. Andy Rubin addressed Council and stated that he was on the handicapped committee and the committee had recommended the $100.00 find in the first public hearings on the ordinance (after obtaining information from other areas). Mr. Rubin then thanked the Council for their decision to amend the ordinance. Chairman Douglas stated the first public hearing on the amendment would be the first meeting in January (1 -7 -85. The final hearing will be on January 21st, 198.5). Councilmembers agreed to have the hearings on these dates. (b) Mr. Henry Kelly, President of the Chamber of Commerce, addressed Council and re- quested the City grant the Chamber a 99 year lease. Mr. Kelly stated that the Chamber had previously held meetings with the Library Board, and they have agreed (among themselves) to divide the City block equally (304 feet each). T T T 1 ft 3576 Councilman Chapman stated that he felt since the property belonged to the City, the City Officials should be in charge of the property. He went on to say he felt a 25 year lease would be enough for the Chamber since the Library was only requesting a 20 year lease in order to secure a grant. Councilman Thomas stated that he did not have any problems with the 99 year lease, since the land was designated for the Chamber. Councilman Watford asked Attorney Conlon if there were any restrictions on the property. Attorney Conlon stated, "Since all of the property was not deeded at one time, I would like to go back and examine the documents again ". Attorney Conlon then said that he believed there was a deed removing all restrictions. After a brief discussion between Attorneys Conlon and Cassels concerning the 99 year lease, Mr Kelly stated, "At this point, the Chamber, withdraws their request for 99 years, but we definently ask for 50 years." Councilman Knight stated, "I personally don't think the number of years really matters that that much in this case. I think, looking at it from the City's stand - point, if something happens to the Chamber and they leave the City to pay for it (lien, mortgage). I think it should be stipulated (in the lease) that if something happens that this property will revert back to the City. And the City would not be held liable for any liens or mortgages . I will make it into a motion to allow the chamber to have a 50 year lease with these stipulations: that the City would not be held liable for any liens or mortgages or what ever on this property; and at any such time within the next 50 years if something was to happen it would revert back to the City." Councilman Thomas seconded the motion. Chairman Douglas asked if there was any further discussion. Councilman Watford stated that he felt 50 years was a very long time and made a motion to amend the original motion to 30 years with the same stipulations. Councilman Chapman seconded the motion. Members of the Chamber made a few comments against the 30 year lease. Attorney Conlon asked that it be included in the motion that the lease be granted contingent upon final legal clearance. Attorney Conlon also suggested that a time limit be set for the beginning dates of construction on the property. Mr. Kelly stated that a 50 year lease would be very helpful to the Chamber in their fund raising campaign. Chairman Douglas stated that the 50 year lease was agreeable with him. Councilman Watford asked Clerk Thomas for clarification of the amount of years specified in his motion. Clerk Thomas answered it was 30 years. Mr. Rubin asked what the square footage amounts were for the Chamber and Library. Mr. Kelly answered, "2100 square feet for the Chamber). Mr. George Jackson, representing the Library answered, "4000 square feet ". Mr. Rubin commented on the amount of parking spaces which he felt were needed for these two businesses to operate. Chairman Douglas asked if there was any further discussion on the motion to amend the motion to specify 30 years instead of 50 years. There being no further discussion, Chairman Douglas asked for a vote on the motion. Councilmen \✓atfordand Chapman voted "Aye ". Councilmen Thomas and Knight voted "Nay ". Chairman Douglas voted "Nay ". Therefore the motion did not carry. Chairman Douglas asked for discussion on the original motion giving the Chamber a 50 year lease. Councilmembers discussed the time limit for the beginning date of construction. Councilman Knight made a motion to give the Chamber 2 years for beginning construction and sub. ject to legal clarification. Councilman Thomas seconded the motion. Chairman Douglas asked for discussion. There being no discussion, the motion carried. 3577 — t 84 -2 /211C-S-Li Chairman Douglas asked for discussion on the original motion as amended. With all Councilmen in favor the motion carried. (c) Mr. Ted Levine addressed Council on behalf of the Library and requested the City grant the library a lease for 20 year or the life of the building (whichever is greater) in order to secure their grant. Chairman Douglas opened the floor for discussion. Councilmembers discussed the addition of the Library briefly with the Library Representatives. Councilman Watford made a motion to grant the Board of County Commissioners a 20 year lease on the property (subject property) for the purpose of a County Library, with the same reverter clause (that if for any reason the building in no longer used for a County Library, it would revert back to the City). Library Representative, Bruce Homer suggested the Council grant the Library the same lease as they did for the Chamber of Commerce (50 years). Councilmembers briefly discussed the possible wording of the lease for the library. Councilman Watford stated, "I would like to clarify my motion by stating that if the County did not use the property for a library it would revert back to the City ". Mr. Levine stated, "Legally that would not be - it would revert back to the Federal Government ". Councilman Watford stated, "That would put the obligation on the County Commission and the Library ". Councilmembers further discussed the reverter clause. Councilman Watford withdrew his motion. Attorney Conlon asked the Library Representatives when the application for the grant needed to be returned. Mr. Levine answered, "February Ilth ". Councilman Watford made another motion to grant the County a 20 year lease on the property with the stipulation that it be used for a Library only. Councilman Chapman seconded the motion. Chairman Douglas asked for discussion. Councilmembers and representatives of the library discussed what was considered the life time of the building. Chairman Douglas asked for a vote on the motion. Councilmen Watford, Knight and Chapman voted "Aye ", Couniclman Thomas voted "Nay ". Chairman Douglas asked for a clarification on the vote. Since the Council was not sure of the motion or vote, Chairman Douglas asked if anyone wished to amend the motion to state 30 years. Councilman Thomas moved to amend the motion to stipulate 30 years instead of 20 years. Councilman Knight seconded the motion. Chairman Douglas asked for discussion. Councilman Watford asked if the stipulations would remain the same. Chairman Douglas stated only the amount of years would change. Councilman Watford asked if. the Council would also include in the motion about the legalities It was agreeable with the Council. Chairman Douglas asked for a vote. All Councilmen were in favor of the amendment. Motion carried. Chairman Douglas aksed for discussion on the original motion as amended. There being no discus- sion, Chairman Douglas asked for a vote. The motion carried. AGENDA ITEM / /VI - MAYOR EDWARD DOUGLAS, ON BEHALF OF THE CITY COUNCIL, WITH AN AWARD TO RONALD SUIT FOR FIVE YEARS SERVICE WITH THE FIRE DEPARTMENT. Chairman Douglas presented a certificate of appreciation to Ronald Suit for 5 years service with the City Fire Department. 1 1 1 11 111 1 r 3578 84 -53 ftl AGENDA ITEM #V (d) Mr. Jim Horton, Director of Manufacturing Operations for Madray Homes, addressed Council, and request the City's assistance in helping their company obtain a Community Development Block Grant to get the business started (to be located within the City limits). Mr. Horton explained to the Council the manufacturing process of the aluminum and read an article which was appearing in a Trade magazine explaining the process in detail. And then invited the Council to visit the company to see for themselves how the plant worked. Mr. Horton stated his company would employ 450 to 600 people. Their company is presently located in the County where they have 51 people employed. Councilman Watford asked Mr. Horton if the City assisted in obtaining the grant would it cost the City anything. Mr. Horton answered that it would be of no cost to the City. Chairman Douglas asked if there was any further discussion. Councilman Watford stated, "I think we need to be very careful with something like this, with all due respect to the presentaiton we've received tonight. There can be a lot of things which sound good but actually in fact do not work out. If I may suggest that this board really consider, I can think of many things to consider: 1. The applicant or the company should be investigated throughly, financial reports, qualifications, personnel, etc. 2. Enlist the aid of the Central Florida Regional Planning Council. They have experience in these types of things. I think they could give us some very good advice on how to begin something like this. What we should ask for ". Chairman Douglas stated that Manufacturing Operations for Madray Homes already has a large amount of money invested here in Okeechobee. Mr. Horton stated, "To date, we have spent a little over Two and a half Million Dollars, in our research and development, also in the manufacture of all of our machines that it takes to produce these components. So we do have a sizeable investment here ". Councilman Thomas suggested the City look into the company's qualifications, etc., as Councilman Watford requested. Attorney John Cassels addressed the Council and stated that they just wanted to let the Council meet Jim Horton to get the dialogue going and to insure that the Council's requirements would be met in connection with the grant application. Chairman Douglas asked if it was agreeable with the Council to assist the Manufacturing Operations for Madray Homes, with obtaining a grant. Council agreed. AGENDA ITEM #VIII - RECEIPT OF A REPORT, FROM THE ENGINEERING COMMITTEE, REGARDING RECOMMENDATIONS ON A CONSULTING ENGINEER ADVERTISED FOR UNDER THE CONSULTANTS COMPETITIVE NEGOTIATIONS ACT Councilman Watford stated that the Engineering Committee met regarding recommendations on a consulting engineer which was advertised for under the Consultants Competitive Negotiations Act. Councilman Watford directed the Council's attention to a copy of the minutes of the meeting in which the committee recommended the following engineers: 1) Broome, VanOstran & Associates, 2) Lindahl, 3) Johnson and Prewitt and 4) Mosley Collins. Councilman Watford made a motion that the City accept the committee's report with the ranking as previously stated, and table any further action until the new board takes over. Councilman Thomas seconded the motion. Chairman Douglas asked for discussion. Councilman Watford stated that he would like to explain why the committee decided on the engineers the way they did. He went on to say, "I firmly believe that this is a good ranking of the firms that applied. I sincerely believe that. However, there has been much publicity through the recent election and one of the items was "Engineer ". I think for this reason we should wait until the new mem- bers come on board, because they may have and apparently do have more ideas. I don't think it would be fair for any of these firms or for the committee to begin negotiating and then there may be some drastic changes. So that is why I moved to table any further action". 3579 - 84 -55 84 -23 84 -55 Chairman Douglas aksed for discussion. Councilman Thomas questioned the ranking of the engineers, and then suggested the local engineers be listed last. Attorney Conlon explained the procedures of the Consultants Competitive Negotiations Act to Councilman Thomas. Councilman Thomas withdrew his second to the motion. Councilman Knight seconded the motion. Councilman Thomas made a motion to amend the motion changing the ranking of the engineers to 1) Lindahl, 2) Johnson and Prewitt, 3) Broome, VanOstran and Associates and 4) Mosely Collins. Chairman Douglas asked if there was a second to the motion. Motion died for lack of a second. Chairman Douglas asked for a vote on the original motion. Councilmen Watford, Knight and Chapman voted, "Aye ", Councilman Thomas voted "Nay ". Chairman Douglas voted "Aye ". Motion carried. AGENDA ITEM I /IX - ACTION BY THE COUNCIL TO APPROVE THE FIRST PARTIAL PAY ESTIMATE i FOR TADDIE UNDERGROUND UTILITIES, IN THE AMOUNT OF $203,777.82, CONTINGENT UPON APPROVAL OF THE FARMERS HOME ADMINISTRATION Chairman Douglas introduced the agenda item and asked if there was a motion to approve the payment. Councilman Knight made the motion. Councilman Chapman seconded the motion. Motion Carried. AGENDA ITEM /IX - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBE TO PROVIDE A 10% CASH DISCOUNT FOR TIMELY PAYMENT OF THE SEWER SYSTEM CAPACITY CHARGES AND CONNECTION FEES AND SETTING OF A PUBLIC HEARING ON MONDAY, JANUARY 7, 1985. 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 IV; SECTION 18 -561 TO PROVIDE A NEW SUB - PARAGRAPH (d) PROVIDING A TEN PERCENT DISCOUNT ON SEWER CONNECTION FEES AND SYSTEM CAPACITY CHARGES WHEN SAID FEES ARE PAID IN FULL, IN CASH, BETWEEN JANUARY 14TH, 1985 AND APRIL 12TH, 1985; PROVIDING AN EFFECTIVE DATE. The floor was opened for discussion. Councilman Chapman moved to set the ordinance for public hearing on 1 -7 -85. Councilman Watford seconded the motion. ' Chairman Douglas asked for discussion. Mr. Rucker Wilcox asked the Council is this discount included the homes that he was building. Chairman Douglas answered yes, between 1 -14 -85 and 4 -12 -85 if the ordinance passed. Mr. Andy Rubin asked if this ordinance would in any way interfere with the people on fixed in- comes paying $20.00 per month. Chairman Douglas answered, "No it would not ". There being no further discussion the motion carried. AGENDA ITEM #XI - ACTION BY THE COUNCIL TO APPROVE CHANGE ORDER NO.3, FOR WIDELL AND ASSOCIATES FOR RELOCATION OF THE ENTRANCE ROAD AT THE SEWAGE TREATMENT PLANT, INCREASING THE CONTRACT BY $3,775.90 Chairman Douglas introduced the item and asked the Engineer or Director Fortner to explain the reasoning of the change order. Engineer Broome stated, "When we revised the access road, we put some wide curves in it to make the curves more gentle and in so doing we didn't quite have 310 acres as required for Spray Irri- gation, so we are going back and revise it making the curves a lot more tighter to follow that western boundary line and as a result get 72 feet additional. Which basically changes the plans - so much for the shell base and so much for the fill, thing like that. That's what we did wrong ". Councilmembers discussed the change order briefly. Councilman Watford moved to approve the change order. Councilman Thomas seconded the motion. Motion carried. Engineer Broome stated, "There are several other change orders to be discussed with the Council. 1 T I 11 T 3580 84 -49 84 -28 The first one being: Grassing and mulching. In order to lower the overall cost of the plant, there was at one time 310 acres for grassing and mulching. After the bids came in - the lowest bidder, grassing and mulching was one of his highest prices. The low bidder was $650.00 per acre. The second highest bidder, Rock -A -Way was $347.00 per acre. the Third was $375.00 per acre and the fourth was $365.00 per acre. We felt that this was one of the items we could cut and come back to later to negotiate more reasonable prices. The three other contractors were much lower." Council discussed the grassing and mulching. Engineer Broome said that this was a very costly item somewhere in the tens of thousands of dollars, an item that EPA, DER would pay 55% of. Mr. Broome stated they have been keeping in close contact with EPA and DER and they have written a letter stating that it was our intention to negotiate the grassing and mulching in a future change order which is what the Council was discussing at this time. EPA and DER are holding up all of the change orders until they receive a letter of committnnent from the City saying they will go in and plant at a later date or they will put it in a change order now for approval. Councilmembers discussed the possibility of the City handling the grassing and mulching them- selves or negotiating with Wide11, and the possibility of hiring some people (Charlie Harvey and Clarence Arnold suggested) on the City payroll (that has the necessary equipment) just for this job of grassing and mulching. Councilman Knight asked if the City could hire someone just for this purpose. Director Fortner stated they would check into the different alternatives and report back to Council. Chairman Douglas recessed the meeting at 9:18 for 5 minutes. At 9:25 the meeting was called back in session. AGENDA ITEM / /XII - PUBLIC HEARING AND FINAL READING OF AN ORDINANC.E PROPOSING TO ANNEX PROPERTY IN THE CONNERS HIGHLAND SUBDIVISION, 13Y VOLUNTARY PETITION, INTO THE CITY OF OKEECHOBEE C hairman Douglas read the ordinance by title only as follows: AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF PETITIONS FOR VOLUNTARY ANNEXATION OF CERTAIN PARCELS OF LAND IN THE UNINCORPORATED AREA OF OKEECHOBEE COUNTY, FLORIDA CONTIG- UOUS TO THE PRESENT BOUNDARIES OF THE CITY OF OKEECHOBEE; PROVIDING FOR REDEFINING OF THE MU%ICIPAL BOUNDARIES TO INCLUDE SAID PARCELS; PROVIDING FOR ADVERTISING AND PUBLIC HEARINGS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The Chairman asked for public comment. No response. Chairman Douglas asked for Council's discussion. Councilman Thomas moved to approve the ordinance. Councilman Chapman seconded the motion. Chairman Douglas asked for discussion. Councilman Watford asked if any of the other department heads had any problem with the ordinance. No response. Motion then carried. AGENDA ITEM //XIII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE REQUESTING THE REZONING OF A NUMBER OF BLOCKS IN THE NORTHWEST SECTION OF TOWN, FROM RG2 TO CPO AND RG2 TO C. THE PROPERTY IS BOUNDED ON THE NORTH BY 6TH STREET, ON THE WEST BY 5TH AVENUE, ON THE EAST BY 2ND AVENUE AND ON THE SOUTH BY 4TH STREET. (PLANNING AND ZONING RECOMMENDS APPROVAL). Chairman Douglas read the ordinance by title only as follows: (#1 RG2 to CPO) AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINIS- TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RG -2 TO CPO. 3581 84 -26 iz- /E-8`f The Chairman asked for public comment /discussion. Councilman Watford stated there were several homes in this area and asked if all of the pro- perty ov%ners were notified of the zoning change. Administrator Fellows stated that all property owners were notified by the Planning and Zoning Board and by the Clerk's office when it was advertised for public hearing, with no objections re- ceived. Chairman Douglas asked if there was any further discussion. Councilman Chapman moved to approve the rezoning. Councilman Knight seconded the motion. Motion Carried. Chairman Douglas read the ordinance by title only as follows: ( #2 RG2 to Comm.) 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 RG2 TO COMMERCIAL. The Chairman asked for public comment. Councilman Watford stated he had the same concerns with this Ordinance as the other ordinance. Clerk Thomas stated one response was received from Mr. Dick Watd. Chairman Douglas read the letter into the minutes as follows: Dear Ms. Thomas: In response to your letter on the reverse: I don't like spot zoning. While the changes listed are in the works, I would like to have out lots - -Block 61..Lots 9,10,15,19 and 20, Block 78... Lots 3 and 4 rezoned to concur with the proposed changes in zoning. We will appreciate it if you will be good enough to send whatever form of application is appropriate. Thank you. M & M LANDS, INC., Roy C. Jones Councilman Knight moved to approve the rezoning. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM / /XIV - DISCUSSION ON THE ADOPTION OF A RESOLUTION AUTHORIZING ELIGIBLE PERSONS TO APPLY, TO THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, FOR A WAIVER OF SEWER CONNECTION Chairman Douglas read the resolution as follows: WHEREAS, the City of Okeechobee has let a contract for construction of a new waste- water collection system and wastewater treatment plant; and WHEREAS, the rules and regulations of the Department of Health, State of Florida, require mandatory connection to a public sewer system at such time as said public system becomes avail- able; and WHEREAS, there exists within certain structures located on property in such a way as to make it unfeasible to connect with the City's new sanitary collection system; and WHEREAS, the rules of the Public Health Department provide a procedure allowing an applicant to request a waiver of the mandatory connection requirement in such a case, with the approval of the Department of Health and Rehabilitative Services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEE- CHOBEE, FLORIDA, as follows: Section 1. Any house or structure so located on a lot as to be more than two hundred and fifty (250) feet distance from the nearest point of connection to the Citys publicly -owned sanitary sewer collection system shall be eligible to apply to the State of Florida, Department of Health and Rehabilitative Services for a waiver of the state's mandatory connection rule. Section 2: The method to be used in calculating the two hundred and fifty (250) feet distance for purposes of making application to the state for a waiver shall be: from the nearest point of connection to the City's sanitary sewer collection system by the shortest normal route of travel for a pipeline to the nearest sewer outfall line of the house or structure. Section 3. This Resolution shall take effect upon its adoption. 3582 84 -51 After discussion by Council concerning the resolution, Councilman Watford moved to approve the resolution. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM #XV - DISCUSSION, BY THE COUNCIL, OFAN ORDINANCE TO AMEND OUR ADMINISTRATIVE CODE TO CREATE THE DEPARTMENT OF PUBLIC UTILITIES Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 2, ARTICLE III, SECTION 2 -47 TO ELIMINATE THE RESPONSIBILITY OF WATER AND SEWER FACILITIES, LIFT STATIONS AND TREATMENT PLANTS FROM THE DEPARTMENT OF PUBLIC WORKS; CREATING SEC- TION 2 -47a UTILITIES DEPARTMENT; PROVIDING FOR DUTIES AND RESPONSI- BILITIES; PROVIDING FOR A DIRECTOR; AMENDING CHAPTER 18, WATER, SEWERS AND SEWAGE DISPOSAL TO PROVIDE WITHIN THE CHAPTER, IN ALL INSTANCES, THAT THE DIRECTOR OF PUBLIC UTILITIES SHALL REPLACE THE DIRECTOR OF PUBLIC WORKS AS THE RESPONSIBLE INDIVIDUAL; PRO- VIDING AN EFFECTIVE DATE. Councilman Chapman moved to set the ordinance for public hearing on January 7, 1985. Councilman Knight seconded the motion. Motion Carried. AGENDA ITEM / /XVII - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING ORDINANCE 387 SETTING FORTH REQUIREMENTS FOR QUALIFYING AS A CANDIDATE FOR CITY ELECTIONS TO THE OFFICE OF COUNCILMAN OR CITY CLERK AND SETTING OF A PUBLIC HEARING FOR JANUARY 7, 1985 Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING ORDINANCE NO. 387 PRESCRIBING QUALIFYING FEES FOR CONDIDATES FOR THE OFFICES OF CITY CLERK AND CITY COUNCILMAN; PROVIDING A CANDIDATE FOR THE OFFICE OF CITY CLERK OR CITY COUNCILMAN BE A RESIDENT OF THE CITY OF OKEECHOBEE AT THE TIME OF QUALIFICATION; PROVIDING AN EFFECTIVE DATE. Councilman Chapman moved to set the ordinance for public hearing on January 7, 1985. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM / /XVIII - ACTION BY THE COUNCIL TO ADOPT A RESOLUTION AUTHORIZING THE OKEECHOBEE COUNTY SCHOOL BOARD AND THE ECKERD FOUNDATION TO USE THE FACILITIES OF THE OKEECHOBEE CITY SEWER SYSTEM. Chairman Douglas 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 exceed the designed capacity, 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 interest of the City that no further add - on's,tap -ins or additions to the sewer collection system be permitted outside the corporate limits of the City of Okeechobee. 2 The prohibitions contained in Section 1, herein, shall not apply to the State of Florida, School for Boys now known as the Eckerd Foundation, nor public school system of Okeechobee County. 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 pre- sented to the City Council. 3583 84 -27 4. This Resolution supersedes Resolution 79 -3 dated March 27, 1979 and Resolution 84 -12 dated May 21, 1984. Introduced and adopted in regular session assembled this 10th day of December, 1984. Councilman Watford moved to approve the resolution. Councilman Thomas seconded the motion. Chairman Douglas asked for discussion. Motion carried. AGENDA ITEM #XIX - ACTION BY THE COUNCIL TO ADOPT A RESOLUTION EXTENDING THE CITY'S SUPPORT TO INDIAN RIVER COMMUNITY COLLEGE ON THE EVENT OF ITS TWENTY -FIFTH ANNIVERSARY OF SERVICE TO THE COMMUNITY Chairman Douglas read the resolution as follows: WHEREAS, the Indian River Community College is celebrating its Twenty - f if th birthday; and WHEREAS, the Indian River Community College has provided quality educa- tion for the four county area of Saint Lucie, Indian River, Martin and Okeechobee County; and ■ WHEREAS, Indian River Community College intends to construct a new facil- ity in Okeechobee County which will greatly benefit our citizenry; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: This Council extends its congratulations and continued support to Indian River Community College on the event of its Twenty -fifth anniversary of service to the four county area. Introduced and adopted in regular session assembled this 10th day of )ecerpber , 1984. Councilman Chapman moved to approve the resolution. Councilman Watford seconded the motion. Motion carried. AGENDA ITEM #XX - ADOPTION BY THE COUNCIL OF A PROCLAMATION DECLARING JANUARY TO BE NATIONAL VOLUNTEER BLOOD DONOR MONTH Chairman Douglas read the proclamation as follows: WHEREAS, every few seconds, an American needs a blood transfusion; and WHEREAS, at the Palm Beach Blood Bank there is a need for 60,000 units of blood per year to serve hospitalized patients in our area; and WHEREAS, only a small percentage of those eligible to give actually donate; and WHEREAS, the need for blood increases at the rate of approximately 10 percent per year to meet the health needs of our nation; and WHEREAS, there is a great need for more voluntary blood donors to provide blood for our citizens; and WHEREAS, the President of the United States has declared January to be National Volunteer Blood Donor Month; NOW, THEREFORE, I, Edward W. Douglas, Mayor of the City of Okeechobee, hereby proclaim the month of January as National Volunteer Blood Donor Month for the City of Okeechobee and urge all residents to pay tribute to those among us who donate for others in need. I also urge residents of all ages to lend a hand fora life by donating blood during January. In witness whereof I have hereunto set my hand and caused the seal of this city to be affixed. 1 111 3584 84 -13 84 -53 Councilman Watford moved to adopt the proclamation. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM / /XVI - DISCUSSION BY THE COUNCIL CONCERNING A COST OF SERVICE STUDY RELATIVE TO THE COST OF TREATMENT AND DISTRIBUTION OF OUR WATER SYSTEM WITHIN AND WITHOUT THE MUNICIPAL BOUNDARIES Chairman Douglas opened the floor for discussion. Attorney Conlon stated, "For those of you that do not know already, the statute provides that we can charge a sur charge far beyond our limits and it provides that the two level up to 25% but we just elect to do it at -from 25% to 50% if we have valid documentation that we incur expenses by serving beyond the limits. That we don't incur within the limits ". Councilman Watford asked Administrator Fellows if the total amount of the study was $4,000. Administrator Fellows stated this amount was what this one man was charging - but there were other companies to consider. Councilman Thomas asked if the money was budgeted for these studies. Administrator Fellows stated there were engineering fees and contingency fees in the budget but this study itself was not budgeted. Administrator Fellows stated, "This is something that came up after the budget was adopted and we felt it wise to discuss it with the Council. What we are asking tonight is - if you will allow us to check with several outfits (not just this one) to see what kind of costs are involved." After discussion, it was agreed the Council would allow the Administrator to check with other firms, accountants, etc., and bring the results back to Council before any action was taken. AGENDA ITEM /IXXI - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Mr. Andy Rubin addressed Council concerningthe following agenda items: VIII, IX, XI, XIII, XV, XVI, XVII, XVIII, stating he felt these agenda items could have been discussed at another time. Mr. Rubin put Council on notice that these items would be held up (change orders included). Engineer Broome stated there were several change orders to be approved. The first one was a Change Order needed for the clearing of the right of way at N.E. 3rd Avenue. The present contractor would clear this right of way for $1,597.52. (The money to betaken out of the contingency fund). After discussion, Councilman Chapman moved to approve the change order. Councilman Watford seconded the motion. Motion carried. The second Change Order to be approved was with Taddie Underground with an estimate in the amount of $11,000. for Three Phase Power to be connected on 3 lift stations by Florida Power and Light. Council discussed the change order briefly. Councilman Thomas made a motion to approve the change order in the amount of $11,000. Councilman Chapman seconded the motion. Motion carried. The third Change Order: An additional man hole located at the intersection of S.E. 10th Avenue an Highway 70 East, the cost $1,450. Engineer Broome explained to the Council the reason an additional man hole was needed because the sewer plans were printed before the D.O.T. began the construction work on Highway 70 East. After the construction was completed, a catch basin was installed where the man hole was intended to be. Council discussed the possibility of the contractor turning to the D.O.T. for reimbursement of the addition expense of moving the man hole. Councilman Knight moved to approve the change order. Councilman Chapman seconded the motion. Motion carried. The fourth change order : In the colleciton system a jack -n -bore was needed at the intersection of N.W. 9th Avenue and N.W. 23rd Lane„ the cost $5,500. 3585 - - 84 -14 /2 -/O-W After discussion, Counciltrran Watford moved to approve the change order. Councilman Chapman seconded the motion. Motion carried. The fifth change order: Increase the force main from . a 6" line to an 8" line to accomodate certain areas for future use, the cost $7,15.5. Mr. Broome stated this was for Council's information only at this time, no decision needed to be made. Director Fortner stated there was a request for first payment from. Widell and Associates in the amount of $21,307.18 subject to FmHA's approval. Councilman Watford moved to approve the payment. Councilman Chapman seconded the motion. Motion carried. Administrator Fellows stated, "In response to Councilman Knight's request to check into the plans of State Road 70, we received a letter back from the D.O.T. indicating the district has no long range plans for converting Highway 70 into a major cross Florida highway. We do however, have near term plans within the next 5 - 7 years to reconstruct most of Hghway 70 within St. Lucie County. - In response to Councilman Chapman's question concerning the sand falling into the ditch near the nursing home, the contractor has stated they were coming back to clean the ditch out. - We have received a letter from the EPA that the City has received an additional grant of $137,409.00 on the Sewage Treatment Plant which increases the City's grant to a total $1,477,109.00 which needs to be voted on by the Council to accept the grant ". Councilman Watford moved to accept the grant. Councilman Knight seconded the motion. Andy Rubin asked where the funds would be deposited. Administrator Fellows answered, "The construction fund." Motion carried. - Administrator Fellows stated the City was notified of their eligibility for a grant in the amount of $165,000. of Inovative and Al ternative Treatment to be available in 1987 -88. Attorney Conlon stated that he had the contract between Okeechobee Beachwater and the City, but he had a couple of questions, adjustments to talk over with Administrator Fellows and Director Fortner. The completed contract will be brought before Council for approval January 7, 1985. Councilman Chapman made a motion to approve the Warrant Registers in the amounts of $27,552.79 and $19,015.50 for the Water and Sgwer Fund, $13,829.61 for the General Fund. Councilman Thomas seconded the motion. Motion carried. Councilman Thomas asked Superintendent Elders about the status of the signal lights at the main intersection of town. Superintendent Elders stated the loop detectors were on order and should be in anytime. Councilman Watford stated, "I have something that I would like to bring up. We have talked a long time about the city and County Fire Departments, there is all kin d of talk about consolidation, that might come about, thats up to the Council, next year you can do what you want to, but this is my last shot at this so I have to take it. One thing that has concerned me since I first came on the Council is that we do not have a mutual agreement with the County. So several months ago I began trying to work out one and this is what I came up with. Everyone has looked at it, I don't know if Chief Tomey has any comments to make on it, I don't know. It is something that everybody could live with. The County Commissioners could live with it and so could we. Basically what it says is: if there is a fire that the City cannot handle they can call the County Fire Department and they will respond. If there is a fire that the County cannot handle they will call the City Fire Department and we will respond. There is one good clause in it in the second paragraph which say: "However, it is recognized and agreed by all parties that no party to this agreement shall be expected to or required to provide mutual aid if such shall cause a lack of adequate protected forces and equipment for the protection of the subject area, district, or municipality." In other words, if they call Keith to come to a fire at 1 T T II 3586 12, Bassinger, and he says that will leave the City unprotected, he does not have to respond. It does say that we will respond every time they call us. The one thing that really got me thinking about this is when we annexed the nursing home into the City. That could be of course a disaster. I think the County has the same thing with the hospital. I think this is a good first step and some- thing that I think we should act on. Mr. Chairman, I would like to move that we approve this agree- ment and present it to the County Commissioners for their approval." Chief Tomey stated that there had never been anything in writing but there was a verbal agreement between the Fire Departments, and stated that he did not have anything against the agreement being approved. Councilman Chapman seconded the motion. Motion carried. Councilman Watford stated, "Gentlemen, before I leave, I would like to encourage the Council to work on several problems that I think we have worked on and that will continue to face the City. One is the solution to the Twenty -Five Thousand Dollar Homestead Exemption, people tend to forget about that. When the Legislative delegations begin to meet, I hope that is one item that you would present to them. I would also like to encourage you to appoint another member in January to the Central Florida Regional Planning Council. It is very important, I think, for the City to remain a member of the Central Florida Regional Planning Council. The third thing is, I had another call today in this dog situation. A former Councilman used to kid me when I came on here and he would ask me "Hey, what are you goirg to do about these dogs ", I thought he was kidding me, but I can see now, after four years up here, that it is a con- tinuing problem and I hope that somethin ; car: 'vor :ed out there. If I may have a few personal moments, Mr Chairman, I would like to thank all of the Citizens that have allowed me to serve up here. I would like to thank the Department Heads, I really appreciate all of the work that they do and all of the support and cooperation they have given me, and the Employees, I think we have probably the best employees and department heads and I include the Staff. I would like to thank the Council for putting up with me. I know sometimes I am a little hard headed. Even Donald Burk when he was on here, and especially the Mayor, because the mayor has put up with a lot of my foolishness and my procedural rules and this type of things, I think it is very, although it makes me wonder that - how the election turned out you know, if somebody that sued the City and got a settlement from the City and somebody that apparently cannot decide what they majored in in College could get elected to the City Council, I still think our political system is probably the greatest system going, but it saddens me when I see things occur that are unprofessional and things that are done to manipulate the outcome of the election that just saddens me. But I do wish the winners and this Council the best of luck and there will be many problems that the City is goinng to have to face in the near future and they will require some very hard answers. I'm just relieved that I won't have to bear that responsibility. Although I will still continue to follow what goes on. There were two things that happened in the election that somewhat upset me, because I felt they were personal attacks against me. When people say something against the Council it usually doesn't bother me, but when things are said that I take as a personal afront I can't help but respond, I apolcgize to the Council that I have to do this in a council meeting, but I will have no other chance to do it. Mr. Rubin made the comment in an article in the Miami Herald, Sunday, December 2nd, and I will read his quotation: "I have a better attendance ,record at Council meetings than the encumbents ". I would just like to clarify that - that is incorrect. He did not have a better attendance record at the Council meetings than I do and I resent that remark. The second one I would like to comment on is a quote Mr. Collins' comment and I will quote him: "I have the welfare of the City more in mind than the people who are seeking re- election." I would be more than happy or willing to match my civic and church activities against anybodys and I think I can best rebut that -- 1 T TI r 3587 3 f N-110 -84 When we were all in college and we would sit around late at night, just shooting the bull, everybody was saying that they were gonna be a big lawyer, big doctor or a big banker, something like that, a millionaire, well mu great ambition was to be Mayor of the City of Okeechobee. They used to kid me about that all of the time in college. But I came very - I came as close as I need to be to that and I appreciate the opportunity. Thank You!" Chairman Douglas, Councilmen Thomas and Chapman, and Clerk Thomas expressed their appreciation to Councilmen Watford and Knight. Mr. Rubin addressed Council and stated that he was not going to give a rebuttal to Council- man Watford's statements, but he would turn everything over to legal council if he felt it was necessary. AGENDA ITEM 4 /XXIII - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:00 P.M. 4.1--.(-11(22-c_az,.., c.__../AL*) EDWARD W. DOUGLAX 'D.C. Chairman ATTEST: '/ _��a <i /0/ ✓iA ..(1- BONNIE S. THOMAS, C .0 CITY CLERK PROPOSED AGENDA CITY COUNCIL MEETING 7:00 p.m., December 10, 1984 1. Call to Order. Invocation offered by City Clerk Bonnie Thomas. Pledge of Allegiance led by Mayor Edward Douglas. IV. Approval of the minutes of the regular meeting of November 5, 1984. V. Canvas- sing ( ' Action by the Council to approve the certificate of the City Board relative to the recent city elections. c-i VI. Mayor Edward Douglas, on behalf of the City Council, with an award to Ronald Suit for five years service with the fire department. VII. Appearances: 7,- a) Ms. Linda Wilcox, to discuss the recently passed ( ( ordinance setting penalties for illegally park- ing in spaces reserved for the handicapped. b) Henry Kelly, President of the Okeechobee Chamber of Commerce, to discuss possible lease arrange- ments of City owned property for the Chamber of Commerce. c) Ms. Vicky Hoge, a member of Friends of the Library to discuss their support for an enlarged library complex. d) Jim Horton, Director of Manufacturing Operations for Madray Homes, to discuss possible cooperation with the City on economic development grants for a proposed manufacturing establishment. VIII. Receipt of a report, from the engineering committee, regarding recom- mendations on a consulting engineer advertised for under the Consul- tants Competitive Negotiations Act. x. XI . XII. Action by the Council to approve the first partial pay estimate for Taddie Underground Utilities, in the amount of $203,777.82, contin- gent upon approval of the Farmers Home Administration. Introduction and first reading of an ordinance amending the code , of ordinances of the City of Okeechobee to provide a 10% cash discount for timely payment of the sewer system capacity charges and connection fees and setting of a public hearing for Monday, January 7, 1985. Action by the Council to approve Change Order No. 3, for Widell and Associates for relocation of the entrance road at the sewage treat- ment plant, increasing the contract by $3,775.90. Public hearing and final reading of an ordinance proposing to annex property in the Conners Highland subdivision, by voluntary petition, into the City of Okeechobee. XIII. Public hearing and final reading of an ordinance requesting the re- zoning of a number of blocks in the Northwest section of town, from RG2 to CPO and RG2 to C. The property is bounded on the north by 6th Street, on the west by 5th Avenue, on the east by 2nd Avenue and on the south by 4th Street. (Planning and Zoning Board recommends approval.) AGENDA CITY COUNCIL MEETING December 10, 1984 page 2 XIV. XV. XVI. Discussion on the adoption of a resolution authorizing eligible persons to apply, to the Department of Health and Rehabilitative Services, for a waiver of sewer connection. Discussion, by the Council, of an ordinance to amend our Administrative Code to create the Department of Public Utilities. Discussion by the Council concerning a cost of service study relative to the cost of treatment and distribution of our water system within and without the municipal boundaries. XVII. Introduction and first reading of an ordinance amending Ordinance 387 setting forth requirements for qualifying as a candidate for city elections to the office of councilman or city clerk and setting of a public hearing for January 7, 1985. 0, XVIII. Action by the Council to adopt a resolution authorizing the Okeechobee County School Board and the Eckerd Foundation to use the facilities of the Okeechobee City sewer system. XIX. Action by the Council to adopt a resolution extending the City's support to Indian River Community College on the event of its twenty-fifth anni- versary of service to the community. 10\_, Adoption by the Council of a proclamation declaring January to'be National Volunteer Blood Donor Month. XXI. Mayor to call on anyone in the audience wishing to address the Council. XXII. Mayor to call on City Clerk, City Administrator, City Attorney and Councilmen for reports and/or requests. XXIII. Adjournment. December 5, 1984 MEMORANDUM From: RCF To: City Council Subject: STATUS REPORT Item 1: You will find enclosed copies of the minutes of the City Council meeting of November 5th, Planning and Zoning Board Meeting for October and copies of various pieces of correspondence relative to matters of which the Council should be aware. Item 2: We are enclosing copies of the minutes of our committee meeting to review proposals from engineers submitted under the Consultants Competitive Negotiations Act. Monday night it will be in order for the Council to accept the priorities, as recommended by the committee, or change them as they deem appropriate. The Council will also need to make a determi- nation as to whether they wish the committee and/or administrative staff to undertake negotiations with the number one priority firm. Item 3: Three people have requested a place on the Agenda of the meeting of Dec. 10th. Linda Wilcox to discuss the penalty, approved by the Council, for illegal parking in handicapped areas; Henry Kelly to discuss with the Council lease arrangements for the Chamber of Commerce property and Vicky Hoge, a member of the Friends of the Library, to share with the Council her support of an enlarged library. Item 4: Item 5: Item 6: In your correspondence you will find a letter, which I addressed to Gerald Foland who heads up the bench advertising firm, relative to the placement of benches in selected locations within the City. A response to my letter is included for your information and any further action the Council may wish to take. The first partial payment estimate from Taddie Underground Utilities has been received. They are requesting payment of $203,777.82. Broome, Van Ostran has certified the quantities and both L.C. and I have reviewed the request. We will ask Council on Monday night to apprdve this payment con- tingent on approval of the Farmers Home Administration. Councilman Chapman had asked the competency of telephone repairmen and installers be checked into, to see if a test were available in order to qualify their ability to do the work for which they seek an occupational license. After discussing this with two companies, locally, who are in the business and the communications section of the Public Service Com- mission, I come to the conclusion, the best way to handle the telephone repair/installer business is to require a faithful performance bond, STATUS REPORT December 5, 1984 page 2 Item 6: proof of insurance for workmens compensation and liability and included (Cont.) -therein, a completed operations clause. In order to qualify for an occupational license and a competency card, three letters of recommen- dation would be required along with some proof of employment in the particular field for at least one year. The Florida Public Service Commission indicates there is no work underway, at the present time, to require any kind of licensing or certification for those engaged in telephone operations nor likewise in the Department of Professional Regulation. There does appear to be a Block examination available for persons and companies installing burglar and fire alarm systems and we will, with Councils permission, undertake to acquire copies of that test so that it might be administered by our competency board. It appears, therefor, on telephone operations we should develop an ordi- nance requiring three letters of recommendation, from reliable firms and /or persons, adequate insurance and faithful performance bond and proof of prior employment before issuing any kind of competency card or occupational license for telephone operations. Item 7: Item 8: Item 9: While the Council approved by motion a 10 percent discount for timely cash payment of sewer system capacity charges and connection fees, the City Attorney recommends this be validated by ordinance. We have prepared for your consideration a copy of same with a recommendation the ordinance be introduced on Monday night, set for public hearing and adoption at the meeting of January 7th. Broome, Van Ostran is recommending the Council approve Change Order No. 3, for Widell & Associates, which will increase the contract $3,775.90. The Change Order is necessitated due to the relocation of the road along the west boundary at a distance far enough to leave 310 acres of clear land for spray irrigation. The engineer will be available to comment on this at the meeting. The good news is, the School Board agreed to hook into the city's sanitary sewer system at such time as the plant comes on line, on the terms and conditions authorized by the City Council. We are enclosing a copy of the proposed agreement for your perusal and for the study of the City Attorney. Should any changes be desired the same should be noted and the agreement resubmitted to Tom Conley for action by the School Board. In this regard, the city's present moratorium prohibits extension of city sewer service outside of the city. In order to serve the schools, it will be necessary to modify that requirement and we have prepared a resolution, which should be acted upon should the Council feel it is in order. We are enclosing copies of the resolution along with the agreement. Item 10: The post office has secured a permit from the City for temporary use of a trailer adjacent to the postal facilities because of lack of space. STATUS REPORT December 5, 1984 page 3 Item 10 (Cont.) Item 11: Item 12: Item 13: Item 14: Item 15: Item 16: Item 17: We should know pretty quickly what the post office plans to do in the way of a new building; the trailer will probably remain until new quarters can be constructed. I have been advised by the County they have authorized the drawing of bid forms for the property adjacent to the Brahman Theater. It is an- ticipated they will make a final decision at their meeting on December 13, as to whether or not to bid the property as is or to accept the city's proposal to close the alley in return for rededication of S.W. 2nd Avenue. We will keep you informed. At the December 13th meeting of the County Commission, the County Attorney intends to formalize the County's paving of the new sewage treatment plant road so there will be no question as to what the County's participation is to be at the time the road is finished. Shortly after the first of the year letters will be sent, by the City, to each person who will be required to hook into the City's new sani- tary collection system. Along with the information relative to hook up fees and system capacity charges, the utilities department is preparing all of the information necessary for a homeowner to do his own line work. This will include the type and size pipe required, the amount of fall necessary and instructions relative to inspections. The utilities department has received an inquiry relative to the avail- ability of water and sewer at lots 7 through 20, block 29, which is right at the intersection of Northwest 10th Street and 5th Avenue. It is believed the developer wishes to construct some low income rental housing in the area. As further details are released, we will keep Council informed. You will be happy to know that Philip Berger and Louie DeMicco have both" remitted, to the City, their $900.00 participation in the improvements to Southeast 17th Street. There will be a scheduled public hearing on an ordinance proposing to voluntarily annex several more building lots, in the Conners Highland subdivision, into the City of Okeechobee. The annexation petition and ordinance have been properly advertised and are ready for Council action. Andre Vaillancourt, of the Department of Transportation, informed me this afternoon, he will be meeting with the bridge consultant, in Miami, on Thursday the 6th to discuss the findings on the Southeast 8th Avenue bridge. He is confident we will hear directly from the consultant short- ly thereafter, setting a meeting to discuss this matter with the Council and to provide us input on the method to be used in financing the con- struction of a new crossing. We will keep you advised. STATUS REPORT December 5, 1984 page 4 Item 18: Item 19: Item 20: Item 21: Item 22: There will be a public hearing and action on an ordinance relative to rezoning of a number of blocks in the Northwest section of town bound- ed by 6th Street on the north, 5th Avenue on the west, 2nd Avenue on the east and 4th Street on the south. Most of the area is proposed to go from RG2 to CPO with a small portion, close to Parrott Avenue, pro- posed to be rezoned from RG2 to C. The Planning and Zoning Board has, unanimously, recommended the property be rezoned; the proper amount of advertising has been done and the ordinance is ready for final action of the City Council. As discussed, at the last meeting, the legislature has provided a pro- cedure where a person can request a waiver of the mandatory sewer con- nection requirement in certain instances where it can be shown the con- nection is not economically feasible or location of the structure is such it would be unwise to connect, etc. In order to implement this provision we have prepared a resolution, a copy of which is included, so you may examine it and determine your wishes as to its adoption. It is becoming increasingly apparent customers served by the City water department, outside the municipal boundaries, are not sharing fairly in the cost of treatment and distribution of our water system. Presently the surcharge in the unincorporated areas is 25% and the statutes allows a surcharge of up to 50%, but the increase must be justified. In this regard, we have made an initial contact with an engineering firm who has some expertise in cost of service studies and wish to discuss, with the Council, their thoughts in regards to under- taking such a study and the method most desired for acquiring the ser- vices of a competent firm for same. Please look over the enclosed pro- posal and we will discuss it on Monday night. At the League of Cities meeting, in Tampa, I was fortunate enough to talk with a representative of Cardinal Industries relative to the City's 150-acre tract. Courtney Longdon, Cardinal's real estate rep- resentative, visited with me today and took a copy of a city map and viewed the property. I am hoping to generate some interest in a pri- vate/public project which would be beneficial,to both Cardinal and the City for some type of residential development on a portion of the City's 150-acre tract. Should they be interested, we will receive a letter relative to the matter in time for the meeting of January 7th. Jim Horton, director of manufacturing operations for Madray Homes, will appear before the Council on Monday night to describe the new computer- ized Madray process for erection of steel residential buildings. It is my understanding somenegotiations are underway, on property within the city limits, for construction of a plant which would employ two or three STATUS REPORT December 5, 1984 page 5 Item 22 hundred people. The company is interested in what economic develop- (Cont.) ment grants might be available to the City for such a project and will be seeking Council's thoughts in regards to working together for an economic development grant, to promote this new venture. Item 23: At the time Sylvia Firestine was hired, in April of 1984, she agreed to start in a Secretary II position with the understanding that her classi- fication and compensation would be adjusted upward following successful completion of her probationary period. This month she will be complet- ing eight months service, to the City, which has been extremely satis- factory and therefore in keeping with our commitment, to her, we are reclassifying her to Executive Secretary I at Grade 21, to become effective December 14, 1984. Item 24: Item 25: Item 26: Item 27: Item 28: Some time ago, Councilman Chapman asked about the prospects of getting a sidewalk on the south side of SR 70 from 5th Avenue to Parrott. We contacted the DOT and are happy to report the project received approval and funding and construction is anticipated to commence next Monday. For those of you who may be wondering the Okeechobee City Police Officer, who you may have seen at Wendy's, is an off-duty officer being paid by Wendy's, providing assistance for vehicles wishing to exit the parking lot. We have been extremely pleased with the performance of Chuck Elders and in keeping with our previous discussions, we plan on presenting an ordinance to the Council, on Monday night, to amend our Administrative Code to create the position of Department of Public Utilities. Once the Department is created, and with the approval of the Council, L.C. Fortner, Jr. will be- come Director of the Department and Chuck will assume the full title, Director of Public Works. The utilities department would be in charge of all water and sewer plants and distribution and collection systems while public works would have the responsibility for all street and park main- tenance as well as drainage and street signs. The proposed ordinance is included for your examination. One of the first orders of business on Monday night will be to approve the certificate of the City Canvassing Board relative to the recent City elec- tion and adopt a resolution setting forth the findings of the Canvassing Board. The City presently has an ordinance setting forth certain requirements for qualifying as a candidate for city election to the office of councilman or city clerk. The clerk has brought to my attention several changes which need to be made in the ordinance and we are enclosing a copy of the pro- posed ordinance which outlines the changes. If the Council deems it in order, the ordinance may be introduced at the meeting on Monday night and set for public hearing on January 7th. STATUS REPORT December 5, 1984 page 6 Item 29: L. C. Fortner, Jr., will be on vacation beginning December 11 through the first of the year. In his absence, Steve Figley will be in charge of the Department. Item 30: We previously had received authority from the Council to advertise all our insurance programs and we are proceding with that advertisement this month. By the time bids are received, I should have enough data available to make a recommendation to the Council relative to what, if any, of our insurance programs we ought to try to self- insure for the upcoming year. Item 31: The Palm Beach Blood Bank, Inc. has requested a proclamation be issued in support of National Volunteer Blood Donor Month, which will be January, 1985. This will be an item for action Monday night. Item 32: Indian River Community College, which as you probably know, intends to construct a new facility in Okeechobee County, is celebrating its twenty -fifth birthday and has requested a resolution extending our continued support. This will also bean item for Monday night. Item 33: Ronald Suit will be honored Monday night by presentation of an award of appreciation, presented by the Mayor, for five years service with the fire department. Richard Fellows C i/ ('/ -z -Z c) LA. 6-"ILQ7 „ 11/6 / )tt/vi/` / 1() 3 0 1-7 ri r1/1,2,0 1.A) r A J -z 6/19-7_ 1,0-7 7,1 7%:"7-496 V ( a cQ 1-‘e .-te) e62 r 717' G0,01/-0-Ld( rpte) A-4el` Vo-t-2 t -3 -7 3 .6 - C Q hiu tit) i/Le ( e- 011-6/ 71-(P r bLy-6,„ te98-1'-lee 2,1 cAlt _ _to ( -64 5/- /00 9,c,( -617 9 7 ' /( 21 -7) / 3 27 (6) 307,( f // /9 0 0-62_ ,0/5 [1)p ■ a 4 77 /6