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1981-04-28 Regular Meeting2830 SECOND REGULAR MEETING TUESDAY, APRIL 28, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular session in Council Chambers at City Hall, Okeechobee, Florida, on Tuesday, April 28, 1981, at 7:00 P.M. Chairman/Mayor Edward W. Douglas presided with the following Councilmen present: Donald Burk, Oakland Chapman, Dowling Watford, Jr. and Jim Knight. Others present were: Assistant City Attorney Dean Tooker, Administrative Assistant Richard C. Fellows, Director of PUblic Works L.C. Fortner, Jr. and Deputy Clerk Janice M. Mann. Also present was City Attorney David Conlon. Chairman Edward W. Douglas called the meeting to order and then offered the invocation. 81-2 APPROVAL OF MINUTES Councilman Watford noted a typographical error in the word "FIRST" REGULAR MEETING. Also, the word "moved" should be inserted in the motion to approve the minutes. No further corrections needed, Councilman Burk moved to approve the minutes of the April 14, 1981, regular meeting, seconded by Councilman Knight, vote carried. PUBLIC HEARING 81-39 SECOND AND FINAL HEARING - GARBAGE ORDINANCE AMENDMENT Chairman Douglas read for the second and final hearing the ordinance amending Chapter Ten of the Garbage and Trash ordinance, as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE; AMENDING CHAPTER TEN RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING ARTICLE III SECTION 10-31 PROVIDING FOR ONE TRASH PICKUP PER WEEK, ADDING A NEW SECTION 10-36 TO PROVIDE PENALTIES FOR POOR SERVICE AND COMPLAINTS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: Chapter Ten of the Code of Ordinances be and it hereby is amended tm modify Section 10-31 on residential collection fees to provide for once a week trash pickup and adding Section 10-36 to provide penalties for poor service and non- collection and the sections are hereby amended to read as follows: CHAPTER 10 ARTICLE III: COLLECTION SECTION 10-31: RESIDENTIAL COLLECTION FEES There is hereby assessed against each owner, tenant, or occupant of each dwelling house in the city a garbage and trash collection fee. The fee is hereby set at five dollars ($5.00) per month and pays for garbage pickup consisting of not more than four thirty gallon garbage cans once per week and such containerized ~rubbish and trash which does not exceed forty pounds in weight nor more than five cubic yards in quantity. SECTION 10-36: PENALTIES The franchisee agrees that should as many as ten customers in any one area not receive the scheduled and agreed upon collection during any day, the city shall with- hold from any monies due the franchisee, not as a penalty but as liquidated damages, the sum of fifty ($50.00) for each area where the contract is so breached. Addition- ally liquidated damages in the amount of five dollars ($5.00) for each and every complaint in excess of four complaints during any calendar month will be withheld from monies due the contractor. SECTION II: THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BYLAW. 2 31 Assistant Fellows noted a revision was needed in the penalty clause. To equalize it with the water bill penalty it should be reduced to ten per cent (10%). No objections or comments were voiced by citizens present regarding the proposed ordinance. Councilman Watford moved to amend the ordinance reducing the 25% penalty to 10% in Section 10-28, seconded by Councilman Burk, motion passed. Council discussed whether to remain at once a week refuse pickup or increase it to twice a week. Councilman Chapman noted staying at once a week would lesson operating costs for the franchisee. Regarding Section 10-31, Councilman Burk moved to require a once a week pickup, four (4) thirty gallon cans not to exceed forty (40) pounds in weight nor more than five (5) cubic yards in quantity, seconded by Councilman Chapman. Jay Huffman, franchisee, asked if the forth pounds was a total weight limit or was it the limit for each individual container. Council noted each container was not to exceed forty (40) pounds. After asking for but receiving no further comments, Chairman Douglas called for a vote on the motion to accept Section 10-31 of the amendment. Vote unanimous, motion carried. Councilman Chapman moved to accept Section 10-36 of the amendment establishing penalties for poor service and missed collection dates, seconded by Councilman Knight, vote carried. 81-29 CODE ENFORCEMENT BOARD Chairman Douglas noted the next item of business was the nominations and appointment of members to the Code Enforcement Board. Chairman Douglas read the vote tabulations of Deputy Clerk Mann, as follows: Dr. Alex Amadio 3 Betty Oliver 2 Michael McArthur 3 Tony Miller 2 Herb Nix 5 Blair Kuhtewind 4 Gordon Leggett 4 Tony Madonna 1 Lloyd Jeffers 5 Bob Mathews 1 Of the six member board, two members are to be appointed to a three (3) year term, two for a two (2) year term and two for a one (1) year term. Councilman Knight moved to regulate the length of term to serve as to the number Of votes received, seconded by Councilman Burk. Chairman Douglas reviewed the appointees as follows: Herb Nix and Lloyd Jeffers for three (3) years; Gordon Leggett and Blair Kuhlewind for two (2) years; Dr. Alex Amadio and Michael McArthur for one (1) year. Vote on the motion to appoint the members to terms according to the vote, was unanimous, motion passed. Chairman Douglas asked that Assistant Fellows notify the newly appointed members as to their terms and duties. Councilman Watford asked who was to appoint the Code Enforcement officer. "The Code Enforcement officer is any authorized agent or employee of the municipality whose duty it is to assure code compliance." Assistant Fellows noted the Building and Zoning Official, 2832 as a gemeral rule, carries on with this duty. Councilman Burk moved to designate the Building Official as the Code Enforcement Inspector, seoonded by Councilman Chapman, vote carried. 81-23 STEP III 201 FACILITY PLAN Assistant Fellows noted that some time ago Council authorized a study of the engineering fees being charged the City of Okeechobee, by Frederick Bell Engineers for the 201 Facility Plan. After advertising for consultant services, Assistant Fellows and Director Fortner interviewed six (6) different firms. With the consent of the Council, it was agreed that Broome Van Ostran & Associates was well qualified so Fellows and Fortner proceeded to negotiate a fee. The negotiations have concluded. Assistant Fellows presented for Council consideration a total engineering fee package for Step III, of One Hundred Fifty-Five Thousand Four Hundred Fifty-Six Dollars ($155,456.00) Director Fortner concurred with Fellows that a change to the local firm of Broome, VanOstran would be a tremendous savings to the City. Councilman Burk moved to accept the price summary submitted by Broome, Van Ostran and Associates in the amount of One Hundred Fifty-Five Thousand Four Hundred Fifty-Six Dollars ($155,456.00), seconded by Councilman Chapman. Councilman Watford asked how the signing of the agreement would commit the City. Assistant Fellows stated if the Step III grant is not approved the City will be under no obligation. Chairman Douglas called for a vote on the motion to accept the price summary submitted by Broome, Van Ostran & Associates, vote unanimous, motion passed. Director Fortner updated the Council on the status of the land lease agreement for the 201 Facility Plan. 81-57 DENNIS MULBERGER Dennis Mulberger appeared before the Council to present three problems that have arisen with the continued development of the Nemec property. 1) Seventh Avenue right-of-way (100'): Mulberger's building encroaches onto it. Mulberger suggested two possible solutions a) move the right-of-way over, or b) reduce the right-of-way. 2) Second Street is not completely open. 3) The existing sewer runs underneath a building on private property. Coucnil discussed briefly the three problems. Mulberger asked for Council's input and possible solutions. Councilman Burk recommended, since so many questions are to be answered, a special workshop should be called on this matter. Councilman Burk then moved to table any further action on this matter until a Workshop, seconded by Councilman Chapman, vote carried. Attorney Conlon suggested that he meet with Director of Public Works Fortner and 2833 Administrative Assistant Fellows, discuss this matter and bring a proposal to the next regular meeting on May 12th, in lieu of a special Workshop. Council agreed. COmmUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 8t-20 1) LI?MAN - DISCRIMINATION SUIT Attorney Conlon reported to Council he had received a letter from Attorney David Lipman they (the plaintiffs) are willing to consider engineering solutions other than moving the homes.in Dean's Court. Attorney Conlon and Director Fortner were instructed to study possibilities and report back to the Council, at the next meeting. 81-55 2) PALM BEACH NEWS Regarding the Palm Beach News -vs- City suit, Attorney Conlon asked for authorization to offer a settlement of Five Hundred Dollars ($500.00). Councilman Burk moved to grant the authority to offer a porposal of Five Hundred Dollars ($500.00), seconded by Councilman Chapman. Councilman Watford stated he hoped the offer would be accepted in the spirit in which it is offered. Vote on motion to offer settlement was unanimous, motion passed. B. CITY CLERK Deputy Clerk presented the monthly financial reports for both General and Water & Sewer funds. C. ADMINISTRATIVE ASSISTANT 1) CITY STREETS Assistant Fellows distributed to each Councilman a map of City streets showing which roads have been paved with secondary funds, which have been paved by developers and roads which are not paved. This will enable Council to make a firm proposal to the County regarding paving of City streets. 81-39 2) PROPOSED GARBAGE FRANCHISE Assistant Fellows presented a proposed franchise agreement for Council to study. The proposal includes items discussed at the last workshop. Council discussed setting the fee to be paid to the franchisee. Councilman Knight moved to insert Three and 50/100ths Dollars ($3.50) for residential pickup, seconded by Councilman Burk. After brief discussion Chairman Douglas called for a vote. Councilmen Chapman, Burk and Knight voted yes. Councilman Watford voted no, motion passed. Council discussed commercial pickup and fees to be paid to franchisee. Commercial fee for businesses that do not have a dumpster is Eight Dollars ($8.00) per month, for businesses with a dumpster the fee is Three Dollars ($3.00) per yard. Councilman Watford moved to pay the franchisee the entire amount charged less the 2834 franchise fee for Commercial pickup. Motion died for lack of second. Councilman Knight moved to consult with Jay Huffman concerning commercial rates prior to paying, also, include negotiation of the franchise, seconded by Councilman Chapman~ Prior to setting rates, Councilman Burk asked Council to remember the fact that mandatory garbage pickup for both residential and commercial will increase the profits of the franchisee. Councilman Watford felt an amount should be determined in a proposed franchise agreement prior to negotiations with Huffman. No further comments, Chairman Douglas called for a vote on Councilman Knight's motion, motion passed. Councilman Burk suggested Jay Huffman meet with Assistant Fellows and one Councilman for preliminary disc~ssion. Council agreed. COMMUNICATIONS FROM COUNCILMEN A. DONALD BURK 81-29 1) CODE ENFORCEMENT BOARD - PLANNING BOARD Councilman Burk asked what fees, if any should be paid to the Code Enforcement Board, he suggested the fee be the same as the Planning Board/Board of Adjustments & Appeals. With the extensive work now being~done by the Planning Board, the members have asked for a fee increase. Councilman Burk suggested an increase to Fifty Dollars ($50.00) per month. Assistant Fellows noted the Florida Statutes provides "members of the Code Enforce- ment Board shall serve without compensation but may be reimbursed for such travel, mileage and per diem as may be authorized by the City Council." Councilman Chapman moved to increase the fee paid to the Planning Board/Board of Adjustments & Appeals to Fifty Dollars ($50.00). Councilman Burk abstained from seconding or voting on any such motion, due to a family member being on the Board. Motion died for lack of second. B. DOWLING WATFORD~ JR. 81-6 1) FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford reported attending the Florida Regional Planning Council regular meeting. Watford noted being appointed to the committee to study the functions of the Regional Planning Council. 81-56 2) FLORIDA LEAGUE OF CITIES Councilman Watford brought to Council's attention the fact the Florida League of Cities is offering a service to collect occupational license fees from inter-state insurance companies. Deputy Clerk Mann noted Berger Insurance Agency was currently doing so, however, none of the other local agencies were paying for the individual companies. Deputy Clerk Mann added she had obtained a list of companies, in October, from the local agencies, but 2S35 was waiting for Attorney Conlon to research the matter, prior to billing them. Council instructed her to bill each company, if problems arise, contact the Florida League of Cities for assistance. 81-9 3) BID - BERGER INSURANCE Councilman Watford acknowledged receipt of the revised bid from Berger Insurance. Councilman Knight moved to adjourn. Motion died for lack of second. With the revisions the bid received remains the lowest, therefore, Councilman Watford moved to accept the revised bid from Berger Insurance for insurance coverage for the City, seconded by Councilman Chapman, motion passed. 81-56 U.S. LABOR DEPARTMENT Councilman Burk informed the Council the U.S. Labor Department has listed Okeechobee as one of the areas that has a labor surplus. Therefore, they (Labor Department) are making available defense purchasing contracts to help alleviate the unemployment pr oblems. The Florida League of Cities is asking those areas to contact the local development authorities (i.e. Chamber of Commerca, downtown businessmen, and the local media) to see if they would assist the City in publicizing this program. Councilman Burk suggested Assistant Fellows persue this matter. Council concurred. WORKSHOP Chairman Douglas set a Workshop date for Thursday, May 28th, with the Planning Board and for disucssion of City street paving. ADJOURNMENT There being no further business, the meeting Recessed at 9:18 P.M., until May 7, 1981, at 7:00 P.M. Edward W. Douglas Chairman/Mayor City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee RECESSED MEETING THURSDAY, HAY 7, 1981 The City Council of the City of Okeechobee, Florida, convened in a Recessed meeting in Council Chambers at City Hall, Okeechobee, on Thursday, May 7, 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 and D~puty Clerk Janice M. Mann. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING April 28, 1981 7:00 P.M. 1. Invocation 11. Approval of the minutes of the regular meeting of April the ]4th, 1981_ Public heariny and final reading of an ordinance amending Chapter Ten, the Garbage and Trash Ordinance of the City of Okeechobee, to add to Section 10-31 a provision for once a week trash pickup and create a new Section 10-36 ,stablishing penalties for poor service and missed collec- tion dates. 1V. Nominations and appointments by the Council for membership on the Okeechobee City Code Enforcement Board. V. Authority for Mayor and Clerk to execute agreement for engineering services with Broome, Van Ostran and Associates in connection with Step 3 of the 201 Area Sewer Improvement Program in the amount of $155,456.00. VI. Mayor to call on anyone in audience wishing to address the Council. VII. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. VIII. Adjournment