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1981-03-24 Regular Meeting2806 81 -2 81 -8 time came, using the Thirty Thousand Dollars ($30,000.00) to construct a one story addition to City Hall instead of an elevator. LAW ENFORCEMENT Citizen Georgie Murphy commented on the enforcement of the laws in the City, noting the Chief of Police is doing an excellant job with the manpower he has. Mrs. Murphy added, being a business person in the City she would more than welcome an increase in license fee if it would be used to increase the needed manpower in the Police Department. ADJOURNMENT There being no further business the meeting adjourned at 9:35 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Edward W. Doug as Chairman /Mayor City of Okeechobee SECOND REGULAR MEETING TUESDAY, MARCH 24, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular meeting in the Council Chambers, at City Hall, on Tuesday, March 24, 1981, at 7 :00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Oakland Chapman, Donald Burk, Dowling Watford, Jr. and Jim Knight. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Police Lieutenant Phillip Purvis, Police Chief Larry Mobley, Fire Chief Keith Tomey, Director of Public Works L.C. Fortner, Jr., and Deputy Clerk Janice M. Mann. The invocation was offered by Councilman Donald Burk. APPROVAL OF MINUTES Councilman Chapman moved to approve the minutes of the regular meeting of February 24th, the recessed meeting of March 5th, and the regular meeting of March 10th, 1981, seconded by Councilman Burk, vote carried. PUBLIC HEARING SECOND AND FINAL READING - SENIOR CITIZENS REZONING FEES Chairman Douglas presented for second and final reading an ordinance amending Zoning Ordinance 402 to provide a schedule of fees for rezoning, variance and special exception applications, where applications are made by senior citizens sixty -five (65) years and older. 33 2807 Chairman Douglas read the ordinance as follows: AN ORDINANCE AMENDING ORDINANCE #402, THE ZONING ORDINANCE FOR THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 18 TO PROVIDE REDUCED CHARGES FOR CITY RESIDENTS 65 YEARS OF AGE AND OLDER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That Section 18 of Ordinance #402 be amended to read as follows: Section 18. SCHEDULE OF FEES AND CHARGES. City Council hereby establishes a schedule of fees and charges for matters pertaining to this zoning ordinance. It is the intent of this ordinance that the City shall not be required to bear any part of the cost of applica- tions or petitions made under this zoning ordinance and that the fees and charges herein set out represent the costs of required legal advertising, postage, clerical, filing, and other costs involved in the processing of applications and petitions. The schedule of fees and charges listed below shall be posted in the offices of the Zoning Administrator. The charges listed in this Section may be changed by resolution of the City Council and are not subject to the pro- cedure for amendment of this zoning ordinance set out in Seciton 16. Applications or petitions initiated officially by the City of Okeechobee by its duly authorized agencies or officers are exempt from the payment of the fees or charges herein set out. Until the following applicable fees or charges have been paid in full, no action of any type or kind shall be taken on an application or petition: An application for the rezoning of land A petition for special exception A petition for interpretation by the Board of Adjustment A petition for variance by the Board of Adjustment $100.00 $100.00 $ 50.00 $100.00 (Applications and petitions for rezoning, special exceptions, interpretations, and variances filed by persons 65 years of age or older shall be 50% of the regular charges. Section II: This ordinance shall take effect as provided by law. Introduced and passed on first reading this 10th day of March, 1981. Introduced and passed on second and final reading this day of 1981. Upon completion, Chairman Douglas called for comments or objections from citizens present and /or Council. Councilman Watford noted having reservations on passing this type of ordinance. Watford felt senior citizens as a general rule are established and will not have a great need for rezoning requests. Councilman Watford further stated the set fees are to cover costs incurred in processing an application, he felt the reducing of the fees should be done on an individual basis. Councilman Burk agreed with Councilman Watford and felt the ordinance should specify individual cases. Therefore, Councilman Burk moved to table the passage of said ordinance for further study at a future workshop meeting, seconded by Councilman Watford, motion passed. 2808 74, / 7l 81 -29 PUBLIC HEARING SECOND AND FINAL READING - CODE ENFORCEMENT BOARD Chairman Douglas presented the ordinance concerning the Municipal Code Enforcement Board for second and final hearing, noting the Board established will act as a board to enforce the ordinances of the City. Chairman Douglas then called for comments, objections and /or changes, if any, in the ordinance. Councilman Burk noted that according to the agenda the members of the Code Enforcement Board are to be selected at this meeting. Burk stated he would not choose any member to the Board until proper advertisement for applicants has been made. A citizen questioned the need for a board of this type instead of the Circuit Court. Assistant Fellows stated the ordinance gives the Board the power of a court (to subpoena witnesses, record testimony, etc.). The Board's decisions may be appealed to the Circuit Court. Fellows added the Board is needed to relieve the work load of the courts to enable minor infractions of the City ordinances to be prosecuted. The citizen felt all cases brought before the Board will be appealed so this would be a waste of time and tax payers money. Clerk Thomas read the ordinance in its entirety, as previously recorded on pages 2794 through 2796 of the Official Minute Book. Assistant Fellows noted County Judge Hendry had read the Code Enforcement Board ordinance and feels it is well worth it to try and aid the courts in the overload. Citizen Howard Ashcraft asked why the City Police could not handle the enforcement of the ordinances. Chairman Douglas noted the police can only write the tickets to be brought before the State's Attorney's office for enforcement, fines, etc. Citizen Harold Price expressed apprehension as to who will be citing citizens and businesses for violations, and just how petty will they get. Price asked Council to expound on these items and the possible relief on all the ordinances broken throughout the county, then added, "The Board may be a good thing, provided a little care and judicial thought is given prior to it getting out of hand." Assistant Fellows assured the citizens the same people that write citations for enforcement now will do it before this board. With no further discussion Councilman Chapman moved to adopt the ordinance establish- ing the Code Enforcement Board, as authorized by Chapter 166.051 of the Florida Statutes, postponing the appointment of members until after advertisement, seconded by Councilman Burk. Councilman Watford objected stating the present courts are established to handle these cases. Watford added this delegates too much power in the Code Inspector and Board's hands. Thirdly Councilman Watford objected to the "types" of members the board must consist of. Councilman Burk stated this ordinance will be used to enforce the ordinances already established, and the Enforcement Board will not assume a greater power than the ordinance T r --/r1044 NAY/ 2809 33 81 -39 81 -18 permits. The courts could not assume more power than an ordinance gives them for enforce- ment. No further discussion, Chairman Douglas called for a vote on the motion. Councilmen Burk, Knight and Chapman voted yes. Councilman Watford voted no. Motion to adopt ordinance passed. PLANNING BOARD APPLICATIONS City Clerk Thomas presented four (4) applications for appointment to the Planning Board /Board of Adjustments and Appeals. Because Frank Altobello has served faithfully for two (2) years and is experienced, Councilman Burk moved to reappoint Mr. Altobello to a three (3) year term beginning April 1, 1981, seconded by Councilman Chapman. Councilman Watford asked that the other applicants be recognized for the record. 1) Williane Amadio 2) Dr. Alex Amadio 3) Robert E. Oliver Chairman Douglas called for a vote on the appointment of Frank Altobello, motion passed unanimously. MANDATORY GARBAGE /TRASH PICK -UP Due to an error, the second and final hearing of an ordinance setting mandatory garbage/ trash pick -up was not advertised. Therefore, the final hearing was set for a later date. Attorney Conlon advised to avoid any conflict, there should be no discussion on this matter, this evening. Chairman Douglas recommended setting a public hearing for Thursday, April 2, 1981, for final reading of garbage ordinance. Also, include with this hearing a joint Workshop with the Planning Board, if Council agreed. Citizen Cliff Boyles of 416 S.E. 8th Avenue, representing some three hundred eighty (380) winter residents, asked of the provisions for them when they are away (residing in the north). Fellows stated there are no specific provisions addressing this problem. Attorney Conlon advised all citizens present to submit written questions and /or comments, petitions, etc. regarding this matter, to be entered into public record on their behalf at the April 2nd meeting. Chairman Douglas thanked the citizens for their interest and comments and urged them to return on Thursday, April 2nd. PUBLIC HEARING FEDERAL REVENUE SHARING FUNDS Chairman Douglas announced the second and final hearing on proposed budgeting of anticipated Federal Revenue Sharing Funds in the amount of Ninety -One Thousand One Hundred Ninety -One and 94 /100ths Dollars ($91,191.94) total. Attorney Conlon advised the FRS funds can be used toward the payment of the discrimina- tion suit expenses, as stated in the recent settlement. Al Stokes, representing the Chamber of Commerce, appeared before the Coundil to request 2810 81 -47 81 -48 81 -42 81 -21 Three Thousand Dollars ($3,000.00) of the Federal Revenue Sharing Funds. Mr. Stokes explained to the Council and those present the monies would be used in the promotion of Okeechobee (i.e. maps, brochures, publicity, etc.) Chairman Douglas thanked him for his request. Attorney Conlon read paragraph 5, Improvements To Be Made (discrimination suit settlement), "we shall make them in standard acceptable engineering practice, and the defendants shall adhere to the construction and maintenance schedule set forth in the appendix, with the funding of this judgement to be from existing and future revenue sharing funds." Councilman Watford saw no other alternative but to allocate the entire amount of Federal Revenue Sharing Funds for the expenses of the settlement, and so moved, seconded by Councilmar. Burk, motion passed. Councilman Watford stated the other requests for funds should be brought up again at budget time for consideration. INDUSTRIAL DEVELOPMENT AUTHORITY Assistant Fellows discussed with the Council the newly formed Industrial Development Authority of the County. Fellows asked Council to consider a possible contract between the City and the Industrial Development Authority (IDA) for the promotion and development of the City's industrially zoned parcels. Council discussed the possibility briefly. Councilman Burk felt a contract was premature and suggested a future workshop for preliminary discussion, after the IDA has had time to become settled and established. The Council instructed Assistant Fellows to attend the IDA meetings whenever possible, to keep the Council informed. BIKEWAY FUNDS Assistant Fellows requested authorization for a joint application between Okeechobee County and the City of Okeechobee for bikeway funds available from the Department of Transportation. After brief discussion, Councilman Knight moved to file a joint application for bike- way funds, seconded by Councilman Chapman, vote carried. BIDS - SURPLUS CITY EQUIPMENT Assistant Fellows noted no bids were received on the surplus City equipment. As suggested by Assistant Fellows, Councilman Knight moved to place an ad in the local paper for the residents of Okeechobee to purchase the equipment, seconded by Councilman Chapman, vote carried. PUBLIC HEARING SECOND AND FINAL READING - FIRE CODE BOARD Chairman Douglas presented for second and final hearing an ordinance amending zoning ordinance to allow the Board of Adjustments and Appeals to hear appeals concerning 33 81 -20 administration of the Standard Fire Prevention Code. The ordinance was read as follows: AN ORDINANCE AMENDING ORDINANCE #402, BETTER KNOWN AS THE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE; AMENDING SECTION 13 SUB PARAGRAPH 1 TO PROVIDE THE BOARD OF ADJUSTMENT MAY HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED THERE IS AN ERROR IN ANY ORDER, DECISION, OR DETERMINATION OF THE FIRE CHIEF AS IT RELATES TO ENFORCEMENT OF THE STANDARD FIRE PROVENTION CODE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That Section 13 of Ordinance #402 of the Code of Ordinances, City of Okeechobee, Florida, is hereby amended to read as follows: SECTION 13 BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustments shall have the following powers and duties: 1. Administrative review. To hear and decide appeals where it is alleged there is error in any order, decision, or determination of the Zoning Administrator in the enforcement of the Zoning Ordinance, and to hear and decide appeals where it is alleged there is error in any order, decision, or determination of the Fire Chief in the enforcement of the Standard Fire Prevention Code of the City of Okeechobee. SECTION 2 That this ordinance shall take effect as provided by law. Introduced and adopted on first reading this 10th day of March, 1981. Passed on second and final reading this ; 47W day of prIARO.h 1981. Chairman Douglas called for comments and /or objections from Council or citizens present. A citizen asked if this was the same Board as discussed earlier. Council noted the two Boards were entirely different. Councilman Burk moved to adopt the ordinance as read, seconded by Councilman Watford. Councilman Watford asked for legal interpretation as to whether the Board can vary the terms of the Standard Fire Prevention Code or issue a variance. Attorney Conlon advised that in essence the Board will be granting variances if they over -ride the Fire Chief's findings. Councilman Watford then asked if the fees were to be set tonight. Chairman Douglas advised him it would be done by a separate motion. Vote on the motion to adopt the ordinance establishing the Fire Code Board was unanimous. Councilman Watford moved to set the fee for appeals of violations of the Standard Fire Prevention Code at Fifty Dollars ($50.00). the same as the Zoning Board of Adjustments and Appeals, seconded by Councilman Knight, vote unanimous. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY Attorney Conlon distributed copies of the discrimination suit settlement to the Council. Conlon noted the settlement was an extremely important legal and historical document. A certified copy of said Final Judgment to be kept on file in the City Clerk's office. Conlon reviewed the judgement differences between the County settlement and City settlement, afterwhich, Conlon noted a copy is to be published in the local newspaper and posted at City Hall. t IF -1- T 2812 81 -49 Regarding DeBerry Gardens, Councilman Burk suggested obtaining an aerial photograph for the purpose of verifying present residents, to secure for the future any growth which might deminish the improved water pressure. Council agreed. Attorney Conlon added aerial photographs are needed and should be obtained on all the improvements, for the record. Councilman Chapman commended Attorney Conlon for his efforts and the initial outcome. Councilman Burk added the case was handled in a very judicious manner, and commended the City Attorney, Director of Public Works and Assistant, the City Clerk and staff for the many hours of work. Councilman Burk then moved to draft and issue a Resolution of Appreciation to the above named individuals with a separate one issued to Johnie McLeod, special attorney from Apopka, seconded by Councilman Chpaman. Councilman Watford expressed having reservations on such a resolution. Chairman Douglas called for a vote, motion passed. Chairman /Mayor Douglas added his appreciation for a just and fair final settlement and a job well done. Councilman Watford moved to ratify the Mayor's agreement in the final judgement of the City's discrimination suit, seconded by Councilman Knight, vote unanimous. WORKSHOP Chairman Douglas asked for Council approval of a Recessed meeting on April 2nd for the final hearing on mandatory garbage pick -up, to be combined with a joint workshop with the Planning Board. Council decided, due to the complexity of the garbage franchise issue, there would not be enough time to meet with the Planning Board that same evening. A joint workshop will be set at a later date. B. CITY CLERK 1) AUDITOR MANAGEMENT LETTER Clerk Thomas presented copies of the Auditor Management letter, then read it as follows: Cancelled Bonds and Interest Coupons Bonds and interest coupons cancelled should be recorded in the register of bonds issued. Cancelled bonds and coupons should be retained in an orderly manner. Fixed Assets The City should consider implementing policies and procedures to accurately record and control the cost of fixed asset additions and retirements. A complete inventory of fixed assets should be taken and maintained on a current basis. Utility Deposits Customer utility deposit records should be reconciled to the general ledger on a regular basis. 2813 33 Fire Hydrant Charge The charge to the general fund for fire hydrant service by the Water and Sewer Fund should be clarified to provide for an effective date on which the hydrants in use are computed. Accounts Receivable Procedures The practice of not posting collections on accounts receivable received while the bills are being prepared causes additional time to manually check and correct the bills. We recommend that collections on accounts be recorded daily, as received, prior to processing the monthly bills. Additionally, the bills can carry the wording "payments received after are not reflected on this bill." Payroll Procedures Consideration should be given to changing to a hi-weekly payroll period. The payroll withholding tables used in the computer program are not the ones currently used by the Internal Revenue Service. Insurance withheld from employees' pay should be reconciled to premium state- ments from insurance carriers on a regular basis. Collateral Requirements Our computation of collateral required to secure all City funds (including pension deposits) revealed that pledged collateral from one bank was deficient by $138,000 at September 30, 1980. A computation of collateral required should be made on a monthly basis. Check Signing Consideration should be given to the following: Regular Checks: 1. Authorize City Clerk and mayor's assistant to sign checks less than $500. 2. Require dual signatures on checks over $500 to include City Clerk and either the mayor, a councilman or the mayor's assistant, in the mayor's absence. Payroll Checks: 1. Restrict payroll checks to maximum limit of $500. 2. Require signature of City Clerk and mayor's administrative assistant. 3. Suggest that City Clerk and a councilman or mayor's assistant review warrant register when they do not sign the checks. Bookkeeping and Accounting System Bookkeeping can be simplified by: 1. Closing the cigarette tax bank account and using the general fund account. 2. Reviewing the recording process to eliminate possible duplication of cash journals. Councilman Burk requested postponement of action on the issue of check signing until the next regular meeting, April 14th, Council agreed. 2) REZONING REQUEST Clerk Thomas distributed copies of a letter, for Council's record, pertaining to the City property within five hundred feet (500') of the rezoning request of Faye A. Williamson. 3) FINANCIAL STATEMENTS Clerk Thomas presented to the Council the General and Water & Sewer Financial Statements for the month of February, 1981. T 2814 81 -23 81 -6 81 -20 81 -39 C. ADMINISTRATIVE ASSISTANT 1) 201 FACILITY PLAN Assistant Fellows reported that he and the Director of Public Works have negotiated the Step III cost of the 201 Facility Plan. The maximum cost to the City will be approximately One Hundred Sixty Thousand Dollars ($160,000.00) as opposed to the original Two Hundred Ninety -One Thousand Eight Hundred Dollars ($291,800.00). COMMUNICATIONS FROM COUNCILMEN A. DOWLING WATFORD, JR. 1) CULVERTS Councilman Watford asked whether the culverts bid for on January 27, 1981, met with specifications. Director Fortner assured him they had and informed Council he had received a certified letter stating same. 2) SEMINAR - CFRPC Councilman Watford reported he planned to attend the next meeting of the Central Florida Regional Planning Council and asked if expenses incurred could be reimbursed. Clerk Thomas advised him to keep receipts and turn them into her office for reimbursement. AERIAL PHOTOGRAPHS Councilman Burk moved to authorize the Director of Public Works to contact a firm for aerial photographs, provided cost is less than Seven Hundred Fifty Dollars ($750.00), seconded by Councilman Chpaman, motion passed. GARBAGE OPERATION Chairman Douglas informed the Council of the City of Fort Pierce changing over to a new garbage operation, and asked Council if they wished to observe the operation. Council agreed to travel to Fort Pierce on Friday, March 27, 1981. ADJOURNMENT There being no further business, Chairman Douglas recessed the meeting at 9 :50 P.M. until Thursday, April 2, 1981. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Edward W. Douglas Chairman /Mayor City of Okeechobee • AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MARCH 24, 1981 7:00 P.M. Invocation / Approval of the minutes of the regular meeting of February the 24th, the recessed meeeting of March the sph_ 9nd t»e regular meeting of March the 10th, \III. Public hearing and final reading of an ordinance amending the zoning / ordinance to provide a schedule of fees for rezoning applications, pplications for special exceptions and variances where such applica- tions are made_by senior citizens 65 ,years of age and older. ( _ ‘? • • , ! - Public hearing and final reading of an,ordinance creating a Municipal Code Enforcement Board as authorized by Chapter 166.051, Florida Statutes and appointment of members thereto. Appointment of one member to the Okeechobee Planning and Zoning Board for a three year term commencing April 1st, 1981. Public hearing and final reading on an ordipanceSetting rules and reg- ulations (7.7 : regardin gArihage and trash pic*evwithin the city limits; setting fees; providing for consolidated billing on water and sewer bills. . Public hearing on proposed budgeting of anticipated Federal Pevenue Shar- ing Funds in the amount of some $91,000.00 through September 30th, 1980. 7 VII. x. Discussions by Council relative to any desired relationships or possible contracts between the City of Okeechobee and the Industrial,Devalopment_ 'Authority for promotion and development of city industrially_g_oned lands. • XI. Authorization for a joint application of Okeechobee County and the City of Okeechobee for bilEtlyfAinds available from the Department of Transportation for the fiscal year ending September 30th, 1981. Receipt of bid tabulation and awards to the highest and best bidder on sur- plus city equipment. Public hearing and final reading of an ordinance amending the zoning ordi- nance to allow the Board of Appeals and Adjustments to hear appeals con- corning administration of the Standard Fire Prevention Code XU),/ Mayor to call on anyone in audiencewishing to address the Council. XIII. Mayor to call on City Attorney y Clerk, dministrative Assistant, and Councilmen regarding requests XIV. Adjournment. "alf•K*. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MARCH 24, 1981 7:00 P.M. T. Invocation Approval of the minutes of the regular meeting of February the 24th, the recessed meeeting of March the 5th, and the regular meeting of March the 10th. Public hearing and final reading of an ordinance amending the zoning ordinance to provide a schedule of fees for rezoning applications, applications for special exceptions and variances where such applica- tions are made by senior citizens 65 years of age and older. IV. Public hearing and final reading of an ordinance creating a Municipal Code Enforcement Board as authorized by Chapter 166.051, Florida Statutes and appointment of members thereto. V. Appointment of one member to the Okeechobee Planning and` Zoning Board for a three year term commencing April 1st, 1981. VI. Public hearing and final reading on an ordinance setting rules and reg- ulations regarding garbage and trash pickup within the city limits; setting fees; providing for consolidated billing on water and sewer bills. VII. Public hearing on proposed budgeting of anticipated Federal Revenue Shar- ing Funds in the amount of some $91,000.00 through September 30th, 1980. VIII. Discussions by Council relative to any desired relationships or possible contracts between the City of Okeechobee and the Industrial Development Authority for promotion and development of city industrially zoned lands. IX. Authorization for a joint application of Okeechobee County and the City of Okeechobee for bikeway funds available from the Department of Transportation for the fiscal year ending September 30th, 1981. X. Receipt of bid tabulation and awards to the highest and best bidder cn sur- plus city equipment. XI. Public hearing and final reading of an ordinance amending the zoning ordi- nance to allow the Board of Appeals and Adjustments to hear appeals con- cerning administration of the Standard Fire Prevention Code XII. Mayor to call on anyone in audience wishing to address the Council. XIII. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. XIV. Adjournment. Page 1 Of 2 To: City Council From: Director of Public Works Date: March 24, 1981 Subject: Purchase of Professional Services in connection with Sewer System 1. Russell & Axon P.O. Box 9490 Daytona Beach, Fla. 32020 2. Smith & Gillespie Engineers, Inc. P.O. Box 53138 Jacksonville, Fla. 32201 3. Sverdrup & Parcel & Assoc., Inc. 2002 N.W. 13th. St. Gainesville, Fla. 32601 4. Robert E. Owens & Assoc., Inc. P.O. Box 3331 West Palm Beach, Fla. 33402 5. Fred Wilson & Assoc. 3970 Hendricks Ave. Jacksonville, Fla. 32207 6. Barker, Osha & Anderson, Inc. 860 U.S. Highway One North Palm Beach, Fla. 33408 7. Gee & Jenson 2019 Okeechobee Blvd. West Palm Beach, Fla. 33409 8. James N. Broome 350 Royal Palm Drive Okeechobee, Fla. 33472 9. Frederick Bell 507 S.E. 1st. Ave. Ocala, Fla. 32670 10. William M. Bishop 1639 Forum Place Suite 8 West Palm Beach, Fla. 33401 Briley , Wild & Assoc., Inc. P.O. Box 9148 Riviera Beach, Fla. 33404 12. Craven, Thompson and Assoc., Inc. 3974 Okeechobee Blvd. West Palm Beach, Fla. 33407 13. Buchart-Horn, Inc. 2001 9th. Ave. P.O. Box 6607 Vero Beach, Fla. 32960 14. Smelly, Wellford & Nalven, Inc. 133 S. McIntosh Road Sarasota, Fla. 33582 15. Jack K. Robinson P.E. Project Development Eng. McFarland. Johnson Eng. Inc. 9200 S. Dadeland Blvd. Miami, Fla. 33156 r Page 2 of 2 Subject: Purchase of Professional Services in connection with Sewer System 16. Polk Engineering Co., Inc. P.O. Box 308 Lake Wales, Fla. 33853 17. Harling, Locklin and Assoc. P.0 Box 1986 Orlando, Fla. 32802 18. Post, Buckley, Schuh and Jernigan, Inc. 5601 Corporate Way West Palm Beach, Fla. 33407 19. V T N, Inc. P.O. Box 7219 Orlando, Fla. 32854 20. Reynolds, Smith and Hills P.O. Box 8006 Orlando, Fla. 32856 March 19, 1981 Memorandum To: City Council From: RCF Subject: Status Report Item 1: We received a number of complaints last week from a Red Duncan regarding what he terms junkyard operations within the city limits. Specifically he was referring to Annie's on Southwest 7th Avenue and Cole's Auto Center. I have dis- cussed this with the Zoning Administrator who has filed a notice of violation against Annie's and depending on the circumstances and finding the same conditions existing at Cole's, will file a notice of violation against them. Basically what they have been doing is stripping down old cars for the parts and then having a salvage firm from Indiantown pick up the cars and haul them away. This in effect, however, is a salvage or junkyard operation which is not allowed within the city limits. If anyone has any questions in this regard, please contact me as I would appreciate your thoughts. Item 2: You will find enclosed an ordinance on Chapter ten which relates to gar- bage and trash pickup and disposal. In reading through the ordinance you will note Section 10 -21 requires the use of garbage and trash collection service but does not refer to any specific service. Should the city decide to get into the busi- ness or re -bid the franchise and another commercial hauler be awarded a contract, it would not therefore be necessary to change the ordinance to reflect what com- pany they had to subscribe to. The ordinance also provides in Section 10 -29 bill- ing for the garbage and trash collection service will be consolidated with the water and sewer bill and provides for responsibility of payment, etc. This par - ticular ordinance is coming up for public hearing on Tuesday night and each member of the Council should look it over in detail for areas they may wish to modify. Item 3: Councilman Watford mentioned in discussions regarding the Code Enforcement Board some of the proposed members did not live in the city limits. These names have been expunged and we submit a new list for your consideration consisting of all city residents. Doug Cassels, Tony Miller, Herb Nix, Gordon Leggett, Bette Clivor, and Lloyd Jeffers. The ordinance providing for the Code Enforcement Board has been adopted on first reading and will be before the Council for public hear- ing and final reading on Tuesday night. If anyone needs any additional information relative to the functioning of the board, I'll be happy to get up any information you might require. Item 4: The street lights for Southwest 5th Avenue, Southwest Second and Third Stre and in the vicinity of the Dunklin Rest Home in the northwest section have been ordered. The Florida Power and Light Company plans to install a new sodium type street light and expects their arrival around the first of the month. I do not anticipate any of the street lights we have ordered will be installed prior to that time and the company will probably make the installation as part of the change out of the existing street light system. The new sodium lamps are supposed to be more energy efficient. Page Two, Status Report Item 5: Bids for the surplus equipment authorized for disposition by the Council will be received at 3 O'Clock Monday, tabulated and prepared for Council considera- tion for the Tuesday night meeting. These items include several air conditioners and some water heaters and we are hopeful of getting some good quotations on them. Item 6: Gerald Brummett of the telephone company was in to see me today. From the information he gave me, I anticipate their gross income from basic subscriber service to be in the neighborhood of $300,000 a year rather than $200,000. He is still talking in terms of one percent franchises being regulated by the Public Service Commission but backed off of that when I brought it to his attention that I had checked into it. The matter of the amount of the franchise fee is going to be a subject of considerable negotiation. He has indicated the telephone company does want to renegotiate their franchise just as quickly as possible and we should have a request in writing within the next week or so. Item 7: Tuesday night the Council will hold a public hearing on proposed uses for unappropriated federal revenue sharing funds in the amount of some $90,000. Previously the Council had received a number of requests and I am outlining these below in an effort to he helpful to you in your deliberations: Computer and software for programs New gasoline pumps with keyed allocations and increase size of gasoline storage Xerox machine with collator VHF' radios for better communications with the sheriff Additional police patrol car $30,000.00 6,000.00 3,200.00 6,000,00 8,000.00 At the staff meeting this morning we received a couple of more requests which we include for your consideration. It has been suggested that we return the sur- plus diesel generator to Civil Defense since we have been having so much trouble getting parts for it and keeping it running. We could then purchase a new 45 kilowatt diesel generator which would power the fire station, police station, City Hall and all communications equipment for $12,000.00. Many of you have seen the Humane Officer's little red truck and realize the body is almost completely rusted out on this vehicle. It is proposed to expend between $4,500 and $5,000 for another vehicle for the Humane Officer and trade in the little Datsun he is driving. Also the Chamber of Commerce has made a request for $3,000 for advertising and promotion for the city. These requests total $73,200.00. The additional $17,000.00 or $18,000.00 could be allocated to contingencies for any additional unforseen expenses during the year. Item : The Planning and Zoning Board held a workshop Thursday night to discuss the lot clearing ordinance and other matters relative to possible modifications of the zoning ordinance. Most of the members felt the present lot clearing ordi- nance was adequate but will send to Council for their consideration some proposals for minor modifications. The matter of automobile salvage yards and junkyards was also discussed at the workshop with the majority of members of the Planning and Zoning Board feeling this type of operation did not belong within the city limits under any conditions. Page Three, Status Report Item 9: The Police Department has reported they ran a noise level check on the Bull Pen as requested by the Council. Measurements were taken four times each evening on Thursday, March 12th and Friday, March 13th and at no time did the decibel meter indicate anywhere near the 50 DR mark which is the nuisance toler- ance published in the ordinance. We have not received any complaints on the Bull Pen this week and perhaps our problems with that are now over. Item 10: We are including, along with your status report, the minutes of the pre- vious Council meeting and also copies of the general fund and water and sewer fund payables list which was approved by the Council at the last meeting. These lists are for your files and your study. Item 11: Patrolman Richard :-,cg has submitted his resignation with the Cit Department to be effective on March 20th. Sergeant Dalton Chandler had resigned earlier this month. Chief Larry Mobley intends to promote Patrolman Henry Hancock to the position of Sergeant with a $500 increase in salary. Hancock's total salary will still be less than the money Sergeant Chandler was making .1 might point out that Patrolman Henry Hancock proposed to be promoted to Sergeant, has been employed since June or 1979 with the city but he has about 12 years experience as a Patrol :-.ergeant with the City of Oakland Park. He has been a very satisfactory employee and brings to an administrative position with the Police Department, a broad back- ground of experience in dealing with the public and his fellow officers. With the promotion of Hancock to Sergeant Chandler's position, two vacancies are created and Chief Mobley proposes to fill these with two certified police officers. Willie Griffieth is a former deputy with the Okeechobee County Sheriff's Department. Griffieth is 26 years old, married and graduated in 1973 from Vero Reach Senior High School. He has obtained 30 credits from Indian River Community College in addition to a number of other law enforcement courses which have been taken through the Indian River Community College. Criffieth appears to be well qualified and will be the third black officer added to the Okeechobee Police Depart- ment. This will allow one black police officer on each of the city's three shifts and is probably an excellent plan. Chief Mobley proposes to replace Patrolman Long with David Brough, a resident of Okeechobee. Brough currently works with McArthur Farms and graduated from Glades Day School in Belle Glade, Florida in 1974. Brough is 25 years old and in addition to being certified by the Police Standards Board in Tallahassee has received special training for applying the breathalyzer test and will be a valu- able addition to the department. Rrough and Griffieth would be hired at a salary of $11,200 and would be subject to the regular six months probationary period. Chief Mobley also proposes to upgrade Dexel Brock from Patrolman Trainee to Full Patrolman with an increase of $400 a year, raising his salary to $11,975 a year. Brock holds a high satisfactory evaluation. He has satisfactorily com- pleted the 360 hour basic training requirement for certification and he has been employed since January of 1980. Should any member of the Council be interested in further information regard- ing David Brough or Willie Griffieth, copies of their applications are in the Mayor's office and are available for your inspection. Page Four, Status Report Item 12: The Industrial Development Authority authorized for organization by the Board of County Commissioners held their organizational meeting at the Black Angus on Monday at noon. Phil Berger has been elected Chairman and Jack Coker, Vice- Chairman. During discussions, County Attorney Van Landingham was instructed to prepare a draft of a contract between the authority and the County Commission which would set out the legal basis for the authority's operation of county owned indus- trial property. The authority requested that I seek input from the City Council as to the authority developing industrial prospects for city owned industrial pro- perties. Some discussion on this matter needs to be undertaken to determine whether the city wishes to enter into some type of a contract with the development authority. Members of the authority in addition to Phil Berger and Jack Coker are Henry Kelly, Leland Dyals and Elder Sumner. Rennie Berry is the acting authority's secretary. Another workshop will be held next Monday at the Black Angus to discuss the county contract draft and I will continue to attend these meetings in an ex- officio capacity if the Council so desires. Item 13: Council should be giving consideration as to whether or not they wish to revise the utility tax ordinance to levy the tax on fuel oil. As I mentioned to you previously, the tax is now being collected on electricity, telephone and bottled gas but not fuel oil. If there are any significant amounts of fuel oil sold within the city limits we may be losing a significant amount of income therefrom. The present ordinance, as I understand it, levies a full ten percent of the first $25 purchase of electricity, telephone or bottled gas, five percent on the next $50 worth and a one percent tax on all revenues over $75. We will attempt to get some statistical data on the amount of fuel oil sold within the city limits and refer it to members of Council so you can make a determination as to whether you want to amend the ordinance to include fuel oil. Iteml4:Councilman Watford asked at the last meeting the Building Department review the original plans submitted by the Bull Pen to ascertain whether or not off street parking requirements had been complied with as required by the zoning ordinance. J.M. Westbrook, Zoning Administrator has told me these plans were a part of the original building permit and the off street parking does comply with the zoning ordinance. The ordinance requires one space for every three seats. Seating capacity is one hundred requiring thrity four parking spaces and he has room for forty eight. :-tem 25: Thos--t:.; 3.5 eJ 2eceml,er 7 yen; difficut time attraL - ing her because of the starting salary for this very responsible position. As secretary to the Mayor and Administrative Assistant, the person employed must have a very keen sense of public relations far beyond that required for most employees due to the daily public contact required. She has without question done an out- standing job and reflects the highest credit on the office of Mayor and the administrative activities of the city in general. To attract her to the position, 1 ha4 discussed her salary to $200 a week after her six months probationary period. She has done such a good job, however, I would like to recognize that fact April 1st with one half of the increase which she would normally get in June and give her the remainder at the end of her six months probationary period which would come due June the 2nd. If any member of the Council has any objection to funding her probationary increase in this manner please let me know. Page Five, Status Report Item 16: The Recreation Advisory Board will meet with the Board of County Commissioners on Thursday morning, March the 26th at 9:00 A.M. to ask for the county's cooperation in the development of recreation facilities in the area. Frank Platt and Steve Padgett will be spokesmen for the group and the entire board plans to make an appearance. The Department of Transportation has announced a $200,000 appropriation for bikeway improvements in this district. J.P. Deloney has contacted me and out- lined for me the basic bike path plan to link all schools which was presented to many of the county agencies several years ago and approved. Our Recreation Advisory Board has added some further modifications to the plan so as to tie the school bike trail in with a loop type bike trail which would go past our new recreational development at Okee-Hahche Park then south along the banks of Taylor Creek to State Road 70 and west to tie back into the original trail. The County Commissioners have asked to join with the city in making application to the Department of Transportation for a funding under the bike trail allocation for this year. The Okeechobee City Recreation Advisory Board has supported such a coordinated and cooperative plan and the matter will be before Council Tuesday night for authorization to make application. We are getting a lot of good work out of the Recreation Advisory Board which I think will pay off in the long run. Item 17: In the event the ordinance is adopted on final reading in setting up the Code Enforcement Board, it will be necessary to set the terms of the members. We suggest the following terms of office for the names which have been proposed: Tony Miller Doug Cassels Herb Nix Lloyd Jeffers Gordon Leggett Bette Oliver thru March 31, 1981 thru March 31, 1981 thru March 31, 1982 thru March 31, 1982 thru March 31, 1983 thru March 31, 1983 These can be changed around in any way the Council desires, just so two of the members are appointed for one year, two for two years, and two for three years. Item 18: After discussion with some people regarding the publicity going around town on mandatory garbage pickup, it is important for Council to realize that many people think the foe being imposed by the city is additional to the fee already imposed by L.P. Sanitation. There is a great deal of dissatisfaction with the trash pickup and some provision should be drawn in the franchise agreement with L.P. Sanitation providing for some type of penalty should complaints regarding trash or garbage exceed a reasonable number. Some plan would also have to be devised in regards to garbage and trash charges when people leave town but have a housekeeper or caretaker take care of their house and they leave the water turned on so the .lawn can be watered and taken care of. This is a minor item but is something that may come up at the public hearing. Richard C. Fellows RCF/rl AN ORDINANCE AMENDING ORDINANCE #402, THE ZON- ING ORDINANCE FOR THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 18 TO PROVIDE RE- DUCED CHARGES FOR CITY RESIDENTS 65 YEARS OF AGE AND OLDER; PROVIDING AN EFFECTIVE76X2E:* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That Section 18 of ordinance #402 be amended to read as follows: Section 18. SCHEDULE OF FEES AND CHARGES. City Council hereby establishes a schedule of fees and charges for matters pertaining to this zoning ordinance. It is the intent of this ordinance that the City shall not be required to bear any part of the cost of applica- tions or petitions made under this zoning ordinance and that the fees and charges herein set out represent the costs of required legal advertising, postage, clerical, filing, and other costs involved in the processing of applications and petitions. The schedule of fees and charges listed below shall be posted in the offices of the Zoning Administrator. The charges listed in this Section may be changed by resolution of the City Council and are not subject to the pro- cedure for amendment of this zoning ordinance set out in Section 16. Applications or petitions initiated officially by the City of Okeechobee by its duly authorized agencies or officers are exempt from the payment of the fees or charges herein set out. Until the following applicable fees or charges have been paid in full, no action of any type or kind shall be taken on an application or petition: An application for the rezoning of land A petition for special exception A petition for interpretation by the Board of Adjustment A petition for variance by the Board of Adjustment $100.00 . $100.00 50.00 $100.00 (Applications and petitions for rezoning, special exceptions, interpretations, and variances filed by persons 65 years of age or older shall be 50% of the regular charges.) Section II: This ordinance shall take effect as provided by law. Introduced and passed on first reading this day of , 1931. ATTEST: City Clerk Mayor Introduced and passed on second and final .reading this day of 1981. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ORDINANCE #411 229 •1406 AN ORDINANCE REPEALING ORDINANCE NO.:324 ; BEING AN ORDINANCE DE- FINING AND REGULATING WASTE MATERIALS AND DISCARDED AND ABANDONED ITEMS ON PROPERTY WITHIN THE CITY OF OKEECHOBEE. PROVIDING A NEW DEFINITION OF WASTE MATERIAL; PROVIDING FOR REGULATION OF WASTE MATERIALS AND DISCARDED AND ABANDONED ITEMS ON PROPERTY WITHIN THE CITY OF OKEECHOBEE; PROVIDING A PENALTY FOR VIOLATION; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: Section 1. Ordinance No.324 ; which regulates waste mat- erials and discarded and abandoned items on property within the City of Okeechobee is repealed. Section 2. It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, wastepaper products, discarded building materials, or any unused abandoned vehicle, vehicles, oil drums, ice boxes, or abandoned parts, machinery, or machinery parts, or other waste materials, to be in or upon any lot, yard, garden, Lawn, or premises, in the City of Okeechobee for a period of time exceeding 30 days unless in connection with a junk yard enterprise lawfully situated and licensedjor the same. Section 3. It shall be unlawful to permit any accumulation of any materials mentioned in Section 2 upon any lot, yard, lawn, garden, or premises, in the City of Okeechobee, if the same con- stitutes a fire hazard, a hazard to the safety of persons or pro- perty, or to the public health. Section 4. It shall be unlawful for any person to discard or abandon any of the waste materials mentioned in Section 2 here- of, upon a lot or premises not owned or occupied by such person without the consent of the owner thereof. Section 5. Any person, firm, or corporation, violating any of the provisions of this Ordinance, upon conviction thereof shall be punished by a fine not exceeding Three Hundred Dollars ($300.00) or imprisonment for a term not exceeding Thirty ('30) days, or by both such fine or imprisonment. Section 6. This Ordinance shall become effective immediate- ly upon final passage. Passed this 10th day of ATTEST: • .1 1 4 ;4u-i3 _ fri3 City Clerk -2H333X0 311.3 July ,A.D. 19 79 . PRESIDENT City Couni. 6699Z1 " 2 9 East Kitchen t Bathroom ,/ 7 d Room North i This is shared by P.D. & E.D. Chief's Office • • West 1/2 Wall This is P.D. area CITY OF OKEECHOBEE CITY HALL 55 S. E. THIRD AVENUE 813/763-3372 OR 763 -3667 OK FNX HO►iF:r:. F'LOttmA:3472 Horne of The Second Largest Fresh Water Lake in the United States MEMORANDUM TO: THE CITY COUNCIL FROM: THE PLANNING BOARD DATE: MARCH 19, 1981 RE: PROPOSED AMENDMENT TO LOT CLEARING ORDINANCE ACTION TAKEN: Member Ferneau moved to recommend to the City Council the existing Lot Clearing Ordinance is adequate, seconded by member Kirk, Chairman Burk, members Ferneau, Kirk and Altobello voted yes, member Wright was absent. ,L)..(e-t-L Dale Burk Planning Board Chairman City of Okeechobee DB:bl /2 F C 6, 614 2 C . () 7 C---Z IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA FORT PIERCE DIVISION RUFUS BROWN, LUTHER CUMMINGS, JAMES GRIFFIN, LEROY PAGE,'JR., JAMES A. SHORT, BEN SMITH, CHARLES TALBOT, JAMES WRIGHT, MALLIE H. BUNN, DANIEL W. DELAGALL, FELTON JOHNSON, EDDIE JAMES NEAL, SE . , ERNESTO URBINA, JR., NORA JUAREZ, JUAN CORTEZ, MARTINA TIJERINA, JULIA URBINA, DOLORES LARA, DAMACIO CAMARILLO, BLAS AGUILAR, MARIA LARA, and TONY I.ARA, on behalf of themselves and all others similarly situated, PLAINTIFFS, vs. CITY OF OKEECHOBEE, FLORIDA; EDWARD DOUGLAS, Mayor and Chairman of City Council of Okeechobee, Florida; DOWLING WATFORD, OAKLAND CHAPMAN, DONALD BURKE, and JIM KNIGHT, Council Members of Okeechobee, Florida; COUNTY OF OKEECHOBEE, FLORIDA; CHARLEY HARVEY, CLYDE DURRANCE, JIM LASHLEY, SARAH PRICE, and OSCAR THOMAS, County Commissioners for the County of Okeechobee, Florida; their successors and agents, in their official capacities, DEFENDANTS. STATE OF FLORID COUNTY OF DADE CIVIL ACTION NO. 79- 8321- CIV -ALH PLAINTIFFS' AFFIDAVIT I, David M. Lipman, hereby give as my sworn statement: 1. The attached Schedule of Hours. (March 20, 1979 through February 10, 1981) and (February 11 through February 18, 1981), representing actual and precise hours spent in the litigation of the above - styled action rendered with regard to the "City Defendants ". 2. All described hours were documented contemporaneous - ly with the event of the particular hour entry through the use of Form San- 25 -SFI (Reynolds and Reynolds) "Time and Money Recap" system. 2- 3. All of the information aforesaid stated is true and correct to the best of my recollection and belief. Sworn to me this DAVID M. LIPMAN ubscribed before day of March, 1981. Notary Public, State of Florida My Cothnti34ion Expires: _ NOTARY = ec9i l c STATE OF FLORIDA AT LA Mi Ci 11ISJIO14 LAP IRE$ At.G. 17 1984 : %2 H�U GE1vCkAl ..yNiggW/ITERS United States District Court for the Southern District of Florida, for approval and entry of a Final Judgment as agreed to by the parties. This agreement affects Plaintiffs and City Defendants only. 2. Upon entry of the Final Judgment, Defendants will pay to undersigned counsel for Plaintiffs the sum of $66,170.00, which sum represents'the reasonable attorn`ey's fees of Plaintiffs' counsel for services rendered to Plaintiffs in connection with the above - styled case. In addition, Defendants will pay to the undersigned counsel for Plaintiffs the sum of $12,557.32 which represents the reasonable expenses and costs incurred in litigating the above - styled case. The total of 178,727.32 constituting attorney fees and expenses is to be paid by Defendants to Plaintiffs' counsel within 14 days of the entry of the Final Judgment. 3. In the event of any default, breach or other failure of performance on the part of any of the parties hereto, any aggrieved party shall have the full right to enforce this agreement and the provisions thereof in law or in equity in any court of competent jurisdiction by way of any action for damages, injunction, specific performance, or other appropriate legal or equitable relief, or any combination thereof. IN WITNESS WHEREOF, this agreement has been executed this day of March, 1981 A.D.