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1981-04-02 Recessed Meeting2815 33 81 -39 RECESSED MEETING THURSDAY, APRIL 2, 1981 The City Council of the City of Okeechobee, Florida, convened in a recessed meeting in the Council Chambers at City Hall, Okeechobee, Florida, on Thursday, April 2, 1981, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were: City Clerk Bonnis S. Thomas, Administrative Assistant Richard C. Fellows, Director of Public Works L.C. Fortner, Jr., Assistant City Attorney Dean Tooker, and Deputy Clerk Janice M. Mann. The invocation was offered by Councilman Donald Burk. PUBLIC HEARING SECOND AND FINAL READING - MANDATORY GARBAGE AND TRASH PICK -UP City Clerk Thomas read for second and final hearing an ordinance providing a new Chapter Ten relating to garbage and trash pickup and disposal. The ordinance was read as recorded in the Official Minute Book, pages 2798 through 2802. Chairman Douglas called for comments and /or objections from citizens present. James Dykes - objected strongly to a mandatory garbage pick -up. He felt it was unfair to force people to pay for a service they did not want. Clinton Barnes - approved of the ordinance as a whole, but felt the provision for size and type of can is unfair. He felt the citizens will constantly be replacing the cans due to abuse, and suggested the possible use of thirty (30) gallon drums. Jimmy Belk - objected, felt he should not have to pay for a service he will not be using. Belk also inquired as to the provisions for winter residents. Al Middleton - a new resident of Okeechobee expressed approval of the ordinance and felt it will aid in the clean up of the City. Darrell Ferneau - asked why the Council was instilling mandatory garbage pick -up and a rate increase at the same time. The Council informed him the City had not raised rates, this was a hearing on mandatory pick -up only. Mr. Barnes asked about the audit the City requested at the first hearing on March 10th. Assistant Fellows stated the audit was for the purpose of determining whether or not a price increase is justified, therefore, the audit will be considered when fees and discussed. Mr. Dykes stated that mandatory pick -up in the City will not solve the trash problem. County residents will be the ones litering the City, due to the distance they will have to drive to the dump. Mr. Barnes noted a possible problem with billing when more than one household is on one water meter. Councilman Burk commented, "There is no doubt that in any ordinance or any new plan there will be problems to be ironed out. If the ordinance is passed the problems that 2816 arise will be confronted and corrected. With the new landfill site located so far away, it will cost the citizens a great deal more than a garbage pick -up fee to haul their debris." Mr. Barnes noted the ordinance provides many regulations for customers to adhere to. He asked what restrictions or guidelines have been provided for the sanitation company to follow. Assistant Fellows advised that, upon receipt of a sample penalty clause from another city, such a clause will be added to this ordinance if Council so desires. The clause provides, "in cases where complaints about non pick -up are accumulative, repetitious and can be validated a fine is levied against the franchise holder, to encourage better attention to the job of picking up the garbage and trash." Chairman Douglas stated several of the issues will be covered in the franchise agree- ment. Mr. Belk felt mandatory garbage pick -up was an infringement of his civil rights. Assistant Fellows noted the ordinance provides an alternative to subscribing to mandatory pick -up. Janet Allison apologized for ariving late and asked for that provision to be re -read. Chairman Douglas read Section 10 -23 as follows: SECTION 10 -23: PERMIT FOR OTHER DISPOSAL a) No person shall, in any manner, dispose of or attempt to dispose of garbage or trash in the city without having the method and place of such disposal approved by the City Council and obtaining a permit therefore from the City Clerk, which permit shall cost $75.00 per calendar year or any part thereof b) Such person may elect to pay the regular garbage and trash collection fee in lieu of such permit fee. Councilman Burk commented, "almost everyone has trash or garbage and they put it somewhere to be hauled off (in City dumpsters or behind commercial establishments), at tax payers expense. Chairman Douglas called for comments and /or changes from the Council. Councilman Chapman - Section 10 -22 (b) Trash. "Leaves and grass clippings shall be placed for collection in a neat pile adjacent to the street, road, highway or alley within the public right -of- way." Chapman noted a provision should be made to require leaves and grass clippings to be bagged or boxed for pick -up instead of loose. Councilman Burk - Section 10 -22 (a)(2) Garbage and Trash. Burk stated paragraph 2, which provides "garbage can be placed in plastic or wet strength paper bags ", should be omitted. Councilman Watford - Section 10 -21, second paragraph regarding publication of changes pick -up schedule. Watford asked that the word "daily" circulation be changed. Section 10 -29: Consolidated Billing. Watford questioned the fact that "if a citizen did not want mandatory pick -up all they would have to do would be to not pay that portion of their bill, services would then be stopped, thereby, satisfying them. in 2817 33 In regard to payment to L.P. Sanitation, Councilman Watford asked if the City will pay a flat fee or will it pay according to actual pick -ups made. (noting some citizens will be paying for the service and not using it) Councilman Burk stated this to be determined in the franchise agreement. Section 10 -33: Business Establishment Collection Fee. Councilman Watford asked how the schedule was devised. Assistant Fellows noted it was a basis to start at, that can be revised in any way by the Council. Council discussed for revision the following: Section 10 -22 (a) - Council discussed whether to eliminate the provision for plastic or wet strength paper bags to be used for garbage. Councilman Burk moved to omit Seciton 10 -22 (a)(2), the entire paragraph, seconded by Councilman Chapman, vote carried. Councilman Chapman moved that Section 10 -22 (b) provide that leaves and grass clippings be bagged or boxed, seconded by Councilman Knight, vote carried. Councilman Watford moved to change the word "daily" to general circulation in Section 10 -21, second paragraph, seconded by Councilman Burk, vote carried. Councilman Burk moved to set a limit of forty (40) pounds on tree limbs, stumps, etc., per item other than major appliances, seconded by Councilman Chapman, vote unanimous. Regarding Section 10 -22 (d) Removal of Improper or Damaged Receptacles, Chairman Douglas questioned whether the City should be responsible for marking the damaged receptacles, or should the franchise holder be responsible. It was noted and discussed by Council the fact that the term "the city" is used throughout the ordinance as if the City were in the garbage and trash business. Assistant Attorney Tooker advised the wording of the ordinance could be changed to "The City will provide for these services through a franchise." Councilman Chapman moved to change the wording of the ordinance to read "franchise holder or the City" where ever applicable, seconded by Councilman Burk, vote carried. Regarding winter residents or vacationers, Councilman Burk suggested a system be set up whereby a citizen can notify the City of the period of time they will be gone, so as not to be billed for garbage pick -up. Councilman Watford moved to insert a clause providing for winter residents and /or vacationers that upon filing a notice with the City Clerk they not be billed during time of absence for garbage and trash service, seconded by Councilman Burk, motion passed. Concerning consolidated billing, Councilman Burk felt if a customer had a legitimate complaint he should be allowed to withhold payment of the garbage charge until the matter is cleared up. Question was raised regarding the legality of discontinuing water service for non payment of the garbage portion of the bill. Assistant Fellows stated if refusal to pay stems from inability to pay then something might be worked out. However, if refusal to pay is because a resident does not wish to hook -up to the water system or they do not 2818 want garbage service, then generally the court will up -hold. Assistant Fellows noted that State law provides mandatory hook -up for residents within a certain distance of a sewer line, and expect the bill to be paid. Assistant Fellows called to Council's attention the section under discussion says that these services "may" be discontinued, it is not mandatory. Councilman Watford stated the Code Enforcement Board has been established to enforce City ordinances this one, if passed, included. Ms. Allison felt Council should consider rewording Section 10 -29: Consolidated Billing so as not to offend the public, even though it states "may be discontinued." Councilman Burk moved to add to Section 10 -29, "questions regarding consolidated billing will be handled on a case by case basis ", seconded by Councilman Chapman, vote carried. RATES Councilman Knight requested a break down of present fees and the amount of increase requested. Present - $3.50 monthly (once a week pick -up) - $5.50 monthly (twice a week pick -up) Requested - not determined Fees set will not necessarily be what the City will pay the franchise holder, noted Councilman Watford. Jay Huffman, of L.P. Sanitation, appeared before the Council to discuss rates. Huffman stated "without a doubt" the audit report submitted clearly justifies a rate increase. Assistant Fellows noted the City auditor has requested further information prior to giving Council a recommendation. Councilman Burk declared he would not want to arrive at a decision on a rate increase until all the necessary data is compiled. Councilman Watford felt to have a working ordinance there should be a frequency of pick -up and a limit of containers. Council discussed at length the need of a rate increase, once or twice a week pick -up and limit of cans. Assistant Fellows suggested adopting the present rate schedule and then when the financial statements are obtained, then consider a rate increase. Councilman Burk moved to limit the number of cans to four (4), once a week pick -up service for Five Dollars ($5.00) per month, seconded by Councilman Chapman, vote carried. Council went on to discuss dumpster rates. At present the rates for a four (4) yard dumpster are Sixty -Two Dollars ($62.00) for once a week pick -up and Ninety Dollars ($90.00) for twice a week pick -up. After deliberation, Councilman Watford moved to set the fee at Three Dollars ($3.00) per cubic yard for servicing dumpsters, fee includes all costs, seconded by Councilman Knight. Mr. Huffman stated it can not be done at such a low fee. -I T J 2819 33 81 -20 Councilman Watford amended his motion to state once a week. After discussion by Council, Councilman Watford withdrew the amendment. Chairman Douglas called for a vote on the motion to set dumpster rates at Three Dollars ($3.00) per cubic yard. Vote unanimous. Regarding Section 10 -33: Business Establishment Collection Fee - Schedule, Council discussed the different rate possibilities. Councilman Burk moved for businesses not requiring dumpsters, but too large for residential rate formula, be allowed to have six (6) containers picked up once a week for Eight Dollars ($8.00) per month, seconded by Councilman Chapman. Following brief discussion, Chairman Douglas called for a vote, motion passed. Council then discussed setting an effective date. Time needed for programing of the computer, notifying the residents by mail, etc. Motion was made by Councilman Burk to set the effective date of the ordinance as May 18, 1981, if ordinance is passed, seconded by Councilman Chapman, motion passed. Councilman Burk then moved to adopt the ordinance with all changes noted, seconded by Councilman Chapman, Councilmen Knight, Burk and Chapman voted yes. Councilman Watford voted no, motion to adopt ordinance passed. Jay Huffman presented a bil from his auditor (Moorman) for services to date in the amount of Four Hundred Eighty -Five Dollars ($485.00). Mr. Huffman then asked what is to be done during the transition period. He proposed the City be billed the same as the County for six weeks until May 18th when pick -up becomes mandatory. Councilman Burk restated he had no intentions of making a decision on an increase based on speculation. Councilman Watford stated he would consider a One Dollar ($1.00) per month increase for the six (6) week interim. Councilman Knight moved to increase the weekly service rate by One Dollar ($1.00) during the six (6) week change over, seconded by Councilman Watford. Councilman Knight amended his motion to include a One Dollar ($1.00) increase for twice a week service also. Councilmen Knight and Watford voted yes. Councilmen Burk and Chapman voted no. Chairman Douglas voted no, motion denied. DISCRIMINATION SUIT Clerk Thomas presented for signatures the settlement check to David Lipman in the amount of Seventy -Eight Thousand Seven Hundred Fifty -Seven and 32 /100ths Dollars ($78,757.32). Clerk Thomas then asked for clarification of reimbursement procedures of discrimina- tion suit expenses. Council stated all expenses of the suit are to be paid by Federal Revenue Sharing Funds. 1 ITT IT I 2820 81 -2 81 -42 MINUTES Councilman Watford questioned the minutes of March 10, 1981. Upon review of the tape Councilman Watford noted the first reading of the garbage ordinance was done by title only. Councilman Watford moved to amend the minutes of March 10th, regarding garbage pick -up, to state read by title only, seconded by Councilman Knight, vote carried. ADJOURNMENT There being no further business the meeting adjourned at 10:40 P.M. ATTEST: Bonnie S. ThomaS City Clerk City of Okeechobee Edward W. Douglas Chairman /Mayor City of Okeechobee FIRST REGULAR MEETING TUESDAY, APRIL 14, 1981 The City Council of the City of Okeechobee, Florida, convened in regular session in Council Chambers, at City Hall, Okeechobee, Florida, on Tuesday, April 14, 1981, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Donald Burk, Oakland Chapman, and Jim Knight. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, Director of Public Works L.C. Fortner, Jr., City Attorney David Conlon, and Deputy Clerk Janice M. Mann. Chairman Douglas called the meeting to order. The invocation was offered by Director of Public Works L.C. Fornter, Jr. APPROVAL OF MINUTES Councilman Watford moved to approve the minutes of the March 24th regular meeting and the April 2nd, 1981, recessed meeting, as presented, seconded by Councilman Chapman, vote unanimous. BID TABULATIONS SURPLUS MATERIAL Chairman Douglas read the one bid received on the surplus merchandise as follows: City Clerk: I would like to submit a bid on the surplus material owned by the City of Okeechobee as follows: $85.00 for each air conditioner for a total of $255.00 for the three units. Also, submit a bid for the two water heaters at $50.00 each for a total of $100.00. Total amount of all articles is $355.00. I can be reached at 763 -3034 and /or P.O. Box 1363. Thank you, Andrew James AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS CONTINUATION OF MARCH 24th RECESSED MEETING April 2, 1981 7:00 P.M. 1. Invocation Public hearing and final reading of an ordinance providing a new Chapter Ten relating to garbage and trash pickup and disposal. III. Mayor to call on anyone in audience wishing to address the Council. IV. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. V. Adjournment .*1""07f-17 •-• J ..., )). AGENDA I. '''.- ' ......• i'•!1, , II CITY COUNCIL k-!-i L, : V...„e" CITY OF OKEECHOBEE 6) ), , t' / }'). l (..-{,4c.,c„ , _ COUNCIL CHAMBERS t/CI'd' j,,.:-,', CONTINUATION OF MARCH 24th RECESSED MEETING April 2, 1981 7:00 P.M. / A 1, 1. Invocation Public hearing and final reading of an ordinance providing a new Chapter Ten relating to garbage and trash pickup and disposal. 111. Mayor to call on anyone in audience wishing to address the Council. IV. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. V. Adjournment 1 .‘'). 1-- A L, 1 j . . r C March 31, 1981 Memorandum To: City Council From: RCF Subject: Various Item 1: eke_AirCo has informed me they plan to eliminate Channel 35 in Orlando which now appears on your set on Channel 4. The reason for the elimination is due to the strong signal of Channel 34 in Ft. Pierce. The company has been un- able to technically eliminate this interference. At no additional cost they plan to add ESPN which is a 24 hour sports network. Evidently they have received a number of requests for this service and they apparently intend to add it in the near future. Item 2: With the loss of our Federal Revenue Sharing funds many of the items we anticipated utilizing these funds for had to be dropped. Several members of the Council indicated a desire to find other ways to finance some of these items and I would like to suggest for your consideration the following allocations: First year computer costs New gas tanks and pumps Xerox with collator Humane officer vehicle New police car Additional communication equipment to link the sheriff and city police department $10,000.00 6,000.00 2,500.00 4,500.00 7,000.00 6,000.00 Total $36,000.00 The Water and Sewer Department had anticipated spending $25,000.00 this year in connection with the discrimination law suit. Since this matter has been settled out of court and the legal fees are to be paid from Revenue Sharing Funds, a por- tion of the balance remaining may be transferred from water and sewer to the general fund. The excess payment of $31,000.00 from the city to the county in connection with the 201 area water and sewer program remains unbudgeted and could also be transferred to the general fund making a total available of approximately $40,000.00 to $50,000.00. These revenues could then be budgeted as the Council desires. Richard C. Fellows cc: L.C. Fortner, Jr. Bonnie Thomas Larry Mobley RCF/rl 7 7 ( April 2, 1981 Memorandum To: Bonnie Thomas Subject: Job Classification Change As we discussed, you will find attached a copy of a job description for Rosemary Lear re-classifying her from Secretary to Executive Secretary and changing her rate of pay from $9,100.00 per year to $10,400.00 per year. I am requesting her change in pay status take place in two steps. Effective with the pay week beginning Friday, April the 3rd, 1981 her pay should be at the rate of $9,750.00 per year or $187,50 per week. Effective with the pay period beginning Friday, June the 5th, 1981, her pay should be at the rate of $10,400.00 per year or $200.00 per week. Richard C. Fellows RCF/rl MEMORANDUM April 2, 198I To: Richard C. Fellows From: Bonnie S. Thomas Please submit this request in the form of a recommendation along with an evaluation report and change of job classification description to the Council for its action. ( If you haven't already done so). sonnie S. Thomas City Clerk BST:jm EXECUTIVE SECRETARY MAJOR FUNCTIONS This is difficult, specialized and responsible secretarial and clerical work. The employee is responsible for a variety of difficult clerical tasks and requires the use of independent judgement in making many decisions. The employee works with considerable independence within the scope of established laws, rules, regulations, and procedures. Work requires the exercise of mature judgement and the solving of a wide variety of problems involving continual public contact, and inter-departmental relations. Supervision and direction is received from the Mayor or his designee who confers with the employee on unusual or complex problems. ILLUSTRATIVE DUTIES Acts as secretarial and clerical assistant to the Mayor of the city and his Assistant, interprets policy and decisions as explained and directed; relieves the Mayor and his Assistant of many clerical details, and transmits orders and instruc- tions with the authority of the supervisor. Performs public relations functions with the public, department heads, officials and personnel and visitors; coordinates meetings, conferences, and appointments for the Mayor and Assistant. Transcribes difficult, technical dictation of correspondence, resolutions and ordinances; prepares records and reports; takes calls and answers inquiries; composes routine correspondence independently and maintains records and files; acts as sec- retary and takes minutes for city boards to which assigned; prepares special reports; performs travel arrangements for supervisor. Performs related work as required. MINIMUM QUALIFICATIONS Knowledge, abilities and skills: Thorough knowledge of English, spelling, punc- tuation and modern office practices and procedures. Familiar with the responsibilities and nature of confidential secretarial work; considerable knowledge of city regula- tions, functions, and personnel and ability to work effectively and closely with department heads. Ability to compose effective and accurate correspondence and to deal with non-routine matters, such as completing complex work with a minimum of instructions; keep records and reference files, to assemble and organize data, to conduct surveys both in writing and by telephone and to compare composite reports for analysis by the Mayor or his Assistant. Capable of promoting a harmonious atmosphere and smooth flow of business into and out of superior's office, to meet and deal with the public in an effective and courteous manner, and to work as a highly cooperative member of a team, who works for and with others toward a common mission; exhibits a high degree of loyalty and integrity as a trusted confidant. Training and experience: Should have a bachelors degree from an accredited college with specialized training in courses dealing with human services, supplemented by three (3) years experience in responsible clerical and secretarial administration, or any acceptable equivalent combination of training and experience.