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1981-02-10 Regular Meeting2774 81 -2 81 -20 81 -24 FIRST REGULAR MEETING TUESDAY, FEBRUARY 10, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular session in Council Chambers at City Hall, Okeechobee, on Tuesday, February 10, 1981, at 7:00 P.M. Vice Chairman Donald Burk presided with the following Councilmen present: Jim Knight, Dowling Watford, Jr., and Oakland Chapman. Chairman /Mayor Edward W. Douglas was absent. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Fire Chief Keith Tomey, Police Chief Larry Mobley, Director of Public Works L.C. Fortner, Jr. and Deputy Clerk Janice M. Mann. The Invocation was offered by Councilman Jim Knight. APPROVAL OF MINUTES Councilman Knight moved to approve the minutes of the January 27th regular meeting and the February 5th, 1981, workshop, seconded by Councilman Watford. Councilman Chapman noted a correction was needed in the February 5th minutes: Change the seventy feet (70') to one hundred feet (100') in regards to the City right -of -way along South West 5th Avenue. Correction noted, Vice Chairman called for a vote, motion to approve the minutes passed. OFFICE OF REVENUE SHARING Attorney Conlon reported on the final outcome of a settlement with the Office of Revenue Sharing regarding their findings. Office of Revenue Sharing is forwarding a proposed settlement, with the sewer issue deleted. In addition to the improvements, Conlon explained the City will have to pay attorney fees and costs. Attorney Conlon noted the State laws require the City to pay these costs. Vice Chairman Burk stated a settlement is at hand, baring any last minute problems, and asked for Council's recommendation. City Council instructed Attorney Conlon to pursue negotiations. RESOLUTION - 701 PLANNING FUNDS City Council was presented a resolution, for adoption, authorizing the filing of a joint application with Okeechobee County for 701 Planning Funds in connection with a feasibility study for a bypass road. Vice Chairman Burk read the resolution as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE AUTHORIZING PARTICIPATION WITH OKEECHOBEE COUNTY IN AN APPLICATION FOR LOCAL PLANNING ASSISTANCE FUNDS. WHEREAS, the City Council of Okeechobee has recognized a need to provide for orderly growth and management as contemplated by the passage of the Florida Local Government Comprehensive Planning Act of 1975, and WHEREAS, the Comprehensive Planning Assistance Program administered by the Department of Community Affairs provides funds to assist localities in meeting requirements of this Act by preparing plans, implementation strategies, programs and mechanisms. NOW THEREFORE, the City Council of Okeechobee requests the Department of Community Affairs to consider including the application of Okeechobee City with the joint applica- tion from Okeechobee County in its application to the U.S. Department of Housing and Urban 2775 33 81 -24 81 -21 81 -24 Development for local planning assistance funds for the fiscal year beginning July 1, 1981. FURTHERMORE, the City Council of Okeechobee indicates its commitment to comply with the appropriate state and local laws, rules, and regulations for the administration of this program, including but not limited to, necessary matching funds, funding only eligible planning activities, etc., which are more fully described in Chapter 9B -4, F.A.C. Councilman Watford moved to adopt the Resolution as read, seconded by Councilman Chapman, vote carried. FEASIBILITY STUDY - BYPASS ROAD In connection with a feasibility study for a possible bypass road and development of recreational and industrial area, Councilman Knight moved to authorize advertising under the Consultants Competitive Negotiation Act for engineering proposals, seconded by Councilman Chapman. Councilman Watford asked if an engineer would have to be hired prior to obtaining the grant. Assistant Fellows explained the engineer and committee would be on standby pending a grant. If not received the City is under no obligation. No further discussion, Vice Chairman Burk called for a vote, motion carried. PUBLIC HEARING - SECOND AND FINAL READING ORDINANCE AMENDING STANDARD FIRE PREVENTION CODE Vice Chairman Burk read for second and final hearing an ordinance amending Section 2 of the Standard Fire Prevention Code as follows: AN ORDINANCE AMENDING CHAPTER 2, SECTION 2.01 OF THE STANDARD FIRE PREVENTION CODE TO REDUCE THE NUMBER OF MEMBERS REQUIRED BY THE BOARD OF APPEALS OF ADJUSTMENTS FROM SEVEN TO FIVE; PROVIDING THE ZONING BOARD OF ADJUSTMENTS MAY ACT AS THE STANDARD FIRE PREVENTION CODE BOARD OF ADJUSTMENT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That Chapter 2, Section 2.01 of the Standard Fire Prevention Code be and it hereby is amended to read as follows: CHAPTER 2 BOARD OF APPEALS AND ADJUSTMENTS 2.01 Board of Appeals and Adjustments created There is hereby created a Board of Appeals and Adjustments, consisting of five members who are qualified by training and experience to vary the application of any provisions of this Code and to pass on related matters. The Board will be appointed by the Governing Body and shall hold office at their pleasure. The Board shall adopt rules and regulations for conducting its business. The Fire Official, or his authorized representative, shall be an ex- officio member and shall act as secretary of the Board. The Board may consist of the same members as the Board of Adjustments provided for in Ordinance 402 of the City of Okeechobee. SECTION 2 This ordinance shall take effect as provided by law. There being no comments or objections voiced, Councilman Watford moved to adopt the ordinance as read, seconded by Councilman Knight, vote carried. APPLICATION FOR MATCHING FUNDS Assistant Fellows, on behalf of the Recreation Advisory Board, requested authority to file application with the State of Florida for grant assistance on development of access and 2776 81 -31 81 -30 parking facilities on the west side of the creek and for recreational facilities consisting of picnic areas, jogging and physical fitness exercise path and other resource based activities. Assistant Fellows noted, due to the fact the Planning Board does not meet in regular session until after the March 1st deadline for filing, the recommendation can not be reviewed by the Board. Along with the application, the City is required to include certain engineering specifications in connection with the construction of a rustic type foot bridge across Taylor Creek. Upon request the engineering firm of Broome, VanOstren & Associates quoted an estimate of Four Thousand Five Hundred Dollars ($4,500.00). This cost will either be reimbursed under the grant or will be considered a portion of the City's contribution toward the grant. Assistant Fellows noted the monies are available in the City Budget line item 572.61 Parks & Landscaping. The CETA program applied for by the City will provide for landscaping of City Hall and Flager Park. Councilman Knight moved to authorize the filing of an application for grant assistance, seconded by Councilman Chapman. Councilman Watford questioned if this application obligates the City in any way. Fellows assured him it did not, if the grant is approved the City does not have to accept it. Vote called for by Vice Chairman Burk, motion passed. Councilman Watford noted the Council must act on the expenditure of the Four Thousand Five Hundred Dollars ($4,500.00). Councilman Chapman moved to include engineering specifications with the application at a cost of Four Thousand Five Hundred Dollars ($4,500.00), seconded by Councilman Knight, vote carried. ADVERTISE FOR PROPOSALS - COLLECTOR AND LATERAL SEWERS Assistant Fellows requested authority to advertise under the Consultants Competitive Negotiation Act for proposals to conduct engineering studies in connection with developing plans and specifications for contracting out bids to install collector and lateral sewers in the un- sewered residential and commercial areas of the City of Okeechobee. Councilman Watford moved to grant the authority to advertise, seconded by Councilman Chapman, motion passed. PROPOSED ORDINANCE -FIRST READING COMPETITIVE BIDDING Council reviewed the introduction of an ordinance requiring competitive bidding on all projects involving material and /or labor when said material or labor costs exceed (amount to be determined). Attorney Conlon stated, upon research of the need for such an ordinance, he determined the setting of a bidding limit can be set merely by a motion of the Council. y 2777 33 81 -8 81 -9 81 -5 81 -21 A motion will not effect Chapter 180 items and engineers. Councilman Knight moved to set a competitive bidding limit of Two Thousand Five Hundred Dollars ($2,500.00), seconded by Councilman Watford, motion passed. PROPOSED ORDINANCE - FIRST READING REDUCTION OF FRONT FOOTAGE REQUIREMENT Presented to Council for introduction and first reading was a proposed ordinance amending Zoning Ordinance 402 to provide a reduction in the front foot requirement in Residential, General (RG -2) zoned areas. Councilman Chapman moved to read the proposed ordinance by title only, seconded by Councilman Knight, vote carried. Vice Chairman Burk read the title as follows: AN ORDINANCE TO AMEND ORDINANCE #402, THE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE TO AMEND THE DISTRICT REGULATIONS SO AS TO DECREASE THE FRONT FOOTAGE REQUIREMENT IN THE RESIDENTIAL, GENERAL (RG -2) DISTRICTS FROM ONE HUNDRED (100) FEET TO NINETY FIVE (95) FEET; PROVIDING AN EFFECTIVE DATE. A public hearing for second and final reading was set for Tuesday, March 10, 1981. Clerk was instructed to advertise. TOTAL INSURANCE PROGRAM Assistant Fellows requested authority to contact one or more additional insurance agencies for proposals in regards to furnishing life insurance, general liability insurance, property insurance, workmen's compensation, health insurance, and automobile insurance. Council discussed whether to request proposals or seek bids. Councilman Watford moved to seek competitive bids on an insurance package for the City, seconded by Councilman Chapman, motion passed. PROPOSED ORDINANCE - FIRST READING VACATE PORTION OF SOUTH WEST 5th AVENUE Council was presented with first reading a proposed ordinance to vacate thirty feet (30') of the right -of -way on South West 5th Avenue. Councilman Knight moved to read the proposed ordinance by title only, seconded by Councilman Chapman, vote carried. Vice Chairman Burk read the title as follows: AN ORDINANCE TO VACATE, CLOSE AND OTHERWISE ABANDON THIRTY (30) FEET OF DEDICATED RIGHT OF WAY ON SOUTHWEST 5TH AVENUE BETWEEN SOUTHWEST 15TH STREET AND SOUTHWEST 18TH STREET AND REDEFINING THE REMAINING RIGHT OF WAY TO CONSIST OF THIRTY FIVE (35) FEET ON EACH SIDE OF THE SURVEYED CENTER LINE OF SAID SOUTHWEST 5TH AVENUE;PROVIDING AN EFFECTIVE DATE. Second and final hearing was set for Tuesday, March 10, 1981, Clerk to advertise. COMMUNICATIONS FROM COUNCILMEN A. DOWLING WATFORD, JR. 1) STANDARD FIRE PREVENTION CODE Councilman Watford inquired as to the status of the ordinance which accompanied the ordinance amending the Standard Fire Prevention Code. Assistant Fellows noted the Planning Board has advertised for a public hearing March 3rd to send a recommendation to the Council March 10th, regarding the proposed amendment to 2778 81 -16 81 -32 Zoning Ordinance 402. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY CLERK 1) BUDGET AMENDMENTS City Clerk Thomas brought to Council's attention several proposed Budget transfers for the 1980 -81 General Fund Budget. Transfers as follows: ANTICIPATED REVENUES Proposed Proposed Present Budget Budget Budget Amendments Totals 351.12 Confiscated Property .00 451.00 451.00 Total $1,460,418.00 451.00 $1,460,869.00 ANTICIPATED EXPENDITURES GENERAL GOVERNMENT 511.11 City Council Salaries 8,040.00 519.36 Donations 8,000.00 3,000.00 2,000.00 11,040 .00 10,000.00 519.41 Municipal Code .00 3,950.00 3,950.00 521.30 Confiscated Property (PD) .00 451.00 451.00 522.31 Operating Exp. (FD) 14,875.00 7,085.00 21,960.00 Contingencies 25,000.00 - 16,035.00 8,965.00 Total $1,460,418.00 451.00 $1,460,869.00 In regards to the General Fund Financial Report month ending December, 1980, Clerk Thomas noted a deficit in line items 514.33 Special Attorney's Fees and 514.34 Discrimi- nation Suit Expense. Clerk Thomas also presented Council the Water & Sewer monthly Financial Report for December, 1980. Councilman Chapman moved to authorize the transfer of funds from Contingencies and changes so stated by City Clerk Thomas, seconded by Councilman Knight. Clerk Thomas explained the error in Council salaries made during budget sessions, noting the additional monies will equalize the five Councilmen's salaries. Vice Chairman Burk called for a vote, motion passed. B. ADMINISTRATIVE ASSISTANT 1) CETA Assistant Fellows informed Council with CETA employees doing the work, the City Hall building is to be painted and asked Council's preferance of colors. Councilman Burk suggested, since City Hall belongs to the citizens, let them decide. Council agreed. Fellows to see that an article requesting suggestions is printed in the newspaper. 2) FIRE DEPARTMENT CETA EMPLOYEE Assistant Fellows noted the CETA employee, presently working for the Fire Department, will be terminated as of Friday, February 13, 1981. If Council wishes to continue her employment through September 30, 1981, the monies are available in Police Department Salaries, and would only need to be transfered. IT 2779 33 S1 -13 Noting that Cathy Dykes not only works for the Fire Department but also helps in the Police Department. Councilman Chapman moved to hire Miss Dykes, total salary for remaining 1980 -81 fiscal year of Four Thousand Seven Hundred Dollars ($4,700.00) to be transfered from Police Department Salaries, seconded by Councilman Knight. Councilman Watford asked if she was an essential employee to the Fire Department. Chief Tomey explained she is very essential and is also available to other departments when needed. Councilman Watford then asked Police Chief Mobley if he had any objections to the salary being transfered out of his budget. Chief Mobley stated he had no objections. No further discussion, Vice Chairman Burk called for a vote, motion to hire Cathy Dykes passed. SALARY SCHEDULE Clerk Thomas informed the Council the City's Salary Schedule has been up -dated to meet the new minimum wage requirements. Copies to be distributed to Council at a later date. DISBURSEMENTS Clerk Thomas presented the Warrant Registers for review as follows: General Fund Warrant Register for February, 1981 - $15,227.77 Water & Sewer Warrant Register for February, 1981 - $16,089.04 Councilman Watford moved to approve the General Fund Warrant Register in the amount of Fifteen Thousand Two Hundred Twenty -Seven and 77 /100ths Dollars ($15,227.77), seconded by Councilman Chapman, vote carried. Councilman Chapman moved to approve the Water & Sewer Warrant Register in the amount of Sixteen Thousand Eighty -Nine and 04 /100ths Dollars ($16,089.04), seconded by Councilman Knight, vote carried. ROAD PAVING Councilman Knight inquired as to the status of road paving by the County. Assistant Fellows stated the County Commissioners have requested a joint meeting to discuss matters concerning Road and Bridge Funds. County Commission to contact the Mayor to set a meeting date. ADJOURNMENT There being no further business, Vice Chairman Burk adjourned the meeting at 8:37 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee �� ...‹,..P.0.,...H(,._.- E ward W. Douglas Chairman /Mayor City of Okeechobee ,>C T1 T PROPOSED AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING February 10, 1981 7:00 P.M. Invocation Approval of the minutes of the regular meeting of January the 27th, 1981, a " the workshop meeting of February the 5th, 1981.A III Adoption of resolution' authorizing the filing of a joint application with Okeechobee County for 701 Panning Fupds q!"connection with a feasibility study for a bypass road. - ' , - r , ! \,,pc Authorize advertising under the Consultants Competitive Negotiation Act for engineering proposals in connection with a feasibility study for a possible :,„; bgEsss_zaad_And devaloment. of recreational and industrial area. Public hearing and final reading of an(zEnce amending Section 2 of the -.Standard Fire Prevention Code to reduce the number of members on the Board of Adjustment from seven to five and allowing the PlanningandZoning Board of Adjustment_to act as the Standard Fire_Prevention Code Board of Adjustment. / Authority td file application with the State of Florida under either the Land and Water Conservation Act or the Florida Recreational Development Assistance Program for matching funds to develop access and parking facilities in connectiop with the city's 150 acre industrial/recreational tract. 1 VII. Authority to advertise under the Consultants Competitive Negotiation Act for l/ proposals to conduct engineering studies in connection with developing plans and specifications for contracting out bids to install collector and lateral sewers in the un-sewered residential and commercial areas of the City of Okeechobee. , Lija*-c1/ C- VTIIIntroduction of first reading of anJ e requiring competitive bidding and the setting of a public hearing for Tuesday, March 10th, 1981.:1- IX. Introduction and first reading of anorcance amending the zoning ordinance to provide a reduction in the front foot requirement for residential lots in residential, general (RG-2) from 100 feet to 95 feet and setting a public hearing for Tuesday, March the 10th, 1981. (/ Authority to contact one or more additional insurance agencies for proposals in regards to furnishing life insurance, general liability insurance, property in uranop, workmens compensation, health insur nce andautomobile,insurance. ( c,r-c,44,,,(,,c...6. 7 zz ,,L,I,t, ;4_,:,, C&c.,„-,J 1,/. ;X, . - ,1%.-`:,..pr.! ,/..,40 './..e.! 1„7.6,4 C .'?'7 ntroduction of first reading of aniiThanFg proposing to vacate 30 feet right of way on Southwest 5th Avenue between Southwest 15th Street and uthwest 18th Street and setting of public hearingfpr, Mach the 10th, 1981. .,' ,---,7 ... -t , r' : ,4"7,,_ _ ' e• % A ' 6_4/1, „,47, Mayor to call on audience for anyone wishing io address the Council. I. Mayor to call on Councilmen, City Attorney, City Clerk, and Administrative Assistant for reports and/or comments. — . XIV. Adjournment t , 5/L3. a- gt-a-c A4-44--r