Loading...
1981-05-12 Regular Meeting City of Okeechobee ATTENT: Bonnie S. Thomas City Clerk City of Okeechobee FIRST REGULAR MEETING TUESDAY~ MAY 12, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular meeting in Council Chambers at City Hall, Okeechobee, on Tuesday, May 12, 1981, at 7:00 P.M. Chairman/Mayor Edward W. Douglas presided with the following Councilmen present: Donald Burk, Oakland Chapman, Dowting Watford, Jr. and Jim Knight. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, Director of Public Works L.C. Fortner, Jr., Police Chief Larry Mobley, Fire Chief Keith Tomey, City Attorney David Conlon and Deputy Clerk Janice M. Mann. The meeting was called to order by Chairman Edward Douglas. The invocation was offered by Councilman Dowling Watford, Jr. 81-2 APPROVAL OF MINUTES --~ Councilman Burk moved to approve the minutes of the April 23rd, 1981, workshop meeting as presented, seconded by Councilman Chapman, vote carried. 81-39 FIRST READING - ORDINANCE - COMMERCIAL GARBAGE RATES Chairman Douglas introduced for first hearing an ordinance amending Chapter 10 of the Code of Ordinances to provide a comprehensive schedule for businesses and institutions utilizing commercial garbage dumpsters. Councilman Burk moved to waive the first reading of the ordinance amendment, seconded by Councilman Chapman, motion passed. Second and final hearing set for May 26th, 1981. 81-47 PHIL BERGER - INDUSTRIAL DEVELOPMENT AUTHORITY Phil Berger, representing the Okeechobee County Industrial Development Authority~ appeared before the Council to discuss cooperation with the City in the development of industrial properties. Mr. Berger explained that Mr. L.M. Taylor has applied for rezoning his tract of land from Residential, Single Family (RSF) to Industrial (I). If granted the owner (Mr. Taylor) has agreed to deed to the City a seventy foot (70') right-of-way. The adjoining property owner, Mr. Jennings, has agreed to do the same, thus giving the -'~ City a direct access to the City's 154 acres. 2839 Council discussed the different aspects, advantages and disadvantages. Mr. Berger stated, as Chairman of the Industrial Development Authority, he wished to present the possibility for Council's consideration and study. Attorney Conlon suggested a "contingent right-of-way agreement." Berger stated a seventy foot (70') right-of-way would benefit the entire City with development, jobs, etc., adding that a shell road would be ideal for access to the 154 acres for Industrial speculation. Chairman Douglas thanked Mr. Berger for his time and efforts and assured him Council would study the matter. 81-58 BID TABULATIONS - FIRE HOSE Chairman Douglas presented the bids for fire hose and acknowledged the Fire Chief's recommendation to accept the bid for Ponn Supreme fire hose in the amount of Two Thousand Nine Hundred Fifty-Eight Dollars ($2,958.00), from Jacksonville Fire Equipment Company. Fire Chief Tomey explained in his recommendation that funds for such a purchase have been budgeted. For the benefit of the City to purchase the best equipment and because the City depends on good equipment (with only one fire department), Councilman Burk moved to accept the recommendation of the Fire Chief and accept the bid from Jacksonville Fire Equipment Company in the amount of Two Thousand Nine Hundred Fifty-Eight Dollars ($2,958.00), seconded by Councilman Knight, motion passed. 81-39 GARBAGE FRANCHISE Chairman Douglas called for discussion on .the setting of compensation to the franchisee for garbage and trash service. Assistant Fellows summarized the meetings with Councilman Knight, Jay Huffman and himself, regarding fees and a possible new franchise as follows: Huffman's Position City's Position Amend ordinance to provide maximum of Current ordinance provides for a maximum two yards of trash without extra charge of five yards of trash Requests $4.70 per residential customer $4.50 per residential customer per month per month Requests new five year franchise Discussed three year franchise in ex- change for raising proposal from $4.25 to $4.50 per residential customer per month Penalty clause not to be effective for No problem 120 days Performance bond of $10,000.00 Requested $100,000.00 Annual audit to be furnished by Annual audit to be furnished by franchisee franchisee Wishes to invest additional $70,000.00 Should continue with same equipment for for updated equipment 90 day trial period Profit on operations, return on invest- No proposal yet but Public Service Commis- ment, return on equity; if any two of sion sets fair rate of return on investment these three falls below 11% city would at about 9% for large utilities. L.P. pay more, if any two of the three rise Sanitation is much smaller, perhaps an 11% above 18%, city could cut rate to 12% return on investment would be fair. S40 Council discussed the drafting of a new franchise, problems that may arise, solutions and the wording of the franchise and penalty clause. Councilman Burk expressed having reservations on negotiating a new franchise agreement merely on speculation. Burk stated he felt a new franchise should be discussed separately from a possible increase. Attorney Conlon suggested dealing with rates tonight and Workshop franchise discussion for a later date. Council discussed at length what would be best for the citizens of the City. Chairman Douglas noted he was in favor of a rate increase to $4.50 or $4.70 but did not agree with a franchise extension at this time. Attorney Conlon discussed the elimination of Section 180 of the Florida Statutes from the present franchise agreement. Councilman Burk stated, for the record, that his vote for any increase would be solely on the basis that Huffman originally asked for an increase due to the added costs incurred with the new land fill site. Councilman Knight moved to increase the franchise fee to $4.50 for three years and eliminate Chapter 180. Motion died for lack of second. Council discussed the performance bond amount and a six percent (6%) franchise fee to the City. Chairman Douglas suggested Council consider a rate increase somewhere between $3.50 and $5.00, the City will do the billing and justify an amount to cover expenses of same. Councilman Watford moved to grant an increase to $4.50, seconded by Councilman Burk, motion passed. Councilman Burk then stated L.?. Sanitation should work with the present equipment for at least ninety (90) days to gain knowledge of the impact of the new landfill site. Councilman Watford agreed to all the points of the proposed franchise changes and expressed the desire to negotiate in the future. Councilman Burk move~ to table any further discussion on a new franchise agreement until the City has some experience to justify one, seconded by Councilman Chapman. Jay Huffman felt it necessary to address the situation now. Chairman Douglas called for a vote on the motion to table discussion. Councilmen Burk and Chapman voted yes, Councilmen Watford and Knight voted no. Chairman Douglas voted yes, motion to table discussion passed. 81-29 CODE ENFORCEMENT BOARD- LEGAL COUNCIL Council discussed the appointment of legal counsel to the Code Enforcement Board. Attorney Conlon advised he should be appointed as legal advisor to the Board as opposed to prosecuting attorney. Assistant Fellows agreed, noting the department head would present the cases and testimony. 2841 Councilman Burk asked Council to consider having Assistant Fellows be in charge of all records and files of the Code Enforcement Board, in general oversee the operation. Councilman Watford stated, according to the City Charter, the City Clerk was in charge of the City's minutes and official records, and felt all records and files should be centrally located in the Clerk's office. Council discussed the detailed work that will arise with the Code Enforcement Board, and who should be responsible for the coordination of the files. Councilman Burk moved to appoint Attorney Conlon as legal advisor to the Code Enforcement Board not prosecutor, and that the fee be the same as for the Planning Board meetings, seconded by Councilman Knight, motion carried. Councilman Watford moved that the records of the Code Enforcement Board be kept by the City Clerk, seconded by Councilman Knight. Councilman Burk asked for clarification of the records to be kept by the Clerk. Attorney Conlon stated 1) proper legal advertisements, 2) notification of Board members and 3) completed files. Details to be worked out between the Clerk, Administrator and Attorney. Assistant Fellows asked to be coordinator, along with Building Official Westbrook, of the cases to come before the Board. Council agreed. No further discussion, Chairman Douglas called for a vote on the motion that the records of the Board be kept by the Clerk, vote unanimous, motion passed. Councilman Burk then moved that Administrative Assistant Fellows be appointed co- ordinator of the Code Enforcement Board, seconded by Councilman Chapman, vote carried. 81-52 NORTHWEST EIGHTH AVENUE - DRAINAGE PROBLEM Director Fortner presented an alternative proposal for the installation of drainage on Northwest Eighth Avenue, in lieu of the removal of existing homes and trees. Mrs. Byrd, a property owner in the affected area, was present to hear the solution. Council discussed the proposal at length. Councilman Burk moved to adopt the proposed plans, execute them, have the City Attorney meet with the Director of Public Works to work out all contingent matters to the best benefit of the City, seconded by Councilman Chapman, vote carried. 81-57 DENNIS MULBERGER Director Fortner presented a proposed solution to the problems involving water and sewer easements and rights-of-way along Southwest Seventh Avenue and Second Street, on the property owned by Dennis Mulberger. Council discussed the alternatives and ramifications of the request. Director Fortner felt the one hudnred foot (100') right-of-way should be left as is and Mulberger be made to move the structure. Councilman Burk moved to leave the right-of-way as is and deny Mulberger's request, seconded by Councilman Chapman. 2842 Councilman Watford asked if there would be any legal ramifications for the City on this, Conlon advised there would be none. Vote on Councilman Burk's motion was unanimous, motion passed. F~RST READING - ORDINANCE AMENDING CHAPTER 12 OF CODE OF ORDINANCES 81-36 OCCUPATIONAL LICENSES Chairman Douglas presented an ordinance amending Chapter 12 of the Code of Ordinances regarding licenses. Councilman Chapman moved to waive the first reading of said ordinance and read by title only, seconded by Councilman Burk, vote carried. Chairman Douglas read by title only the ordinance as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE; AMENDING CHAPTER 12, SECTION 12-22 TO PROVIDE A NEW SCHEDULE OF LICENSE TAXES; PROVIDING FOR THE ELIMINATION OF OCCUPATIONS NO LONGER APPROPRIATE; PROVIDING AN EFFECTIVE DATE. Second and final hearing set for May 26, 1981. 81-59 FIRST READING - ORDINANCE - TRAVEL EXPENSE Chairman Douglas presented, for first reading, an ordinance to provide authorized employees to incur travel expenses and to provide a method for reimbursement. Councilman Burk moved to waive the first reading and read by title only the proposed ordinance, seconded by Councilman Knight, vote carried. Chairman Douglas read the title as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 2 TO ADD A NEW SECTION 2-5 TO PROVIDE AUTHORITY FOR AUTHORIZED EMPLOYEES TO INCUR EXPENSES IN CONNECTION WITH TRAVEL TO ATTEND CONFERENCES, SEMINARS AND OTHER AUTHORIZED MEETINGS OF A PUBLIC NATURE: PROVIDING REIMBURSEMENT FOR ACTUAL EXPENSES FOR MEALS; PROVIDING MILEAGE AND ACTUAL ACCOMODATION EXPENSES AT A SINGLE RATE; PROVIDING AN EFFECTIVE DATE. Second and final hearing set for May 26, 1981. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 81-23 1) STEP III - 201 FACILITY PLAN Attorney Conlon requested authorization to obtain an abstract to the property to be leased by the City for the construction of the 201 Facility Plan. Conlon requested an abstract prior to his signing a required "Site Certificate". Director Fortner was instructed to contact the Environmental Protection Agency (EPA) to see if the lessee is required to sign such a certificate. An abstract may not be needed. 81-18 2) FEDERAL REVENUE SHARING Attorney Conlon advised Council on a proposed agreement to be signed between the City and Federal Revenue Sharing. The agreement outlined (mainly) employment practices to be followed by the City. Conlon was asked to distribute copies for Council to study. I ?- ] Il" TI 2843 B. CITY CLERK l) WARRANT REGISTERS Clerk Thomas presented the General Fund and Water & Sewer Fund Warrant Registers for the month of May, 1981. 2) CLERK'S CONFERENCE Clerk Thomas distributed copies of a summary of the Annual Clerk's Conference attended by her and Deputy Clerk Parker. C. ADMINISTRATIVE ASSISTANT 81-60 1) TOWER Assistant Fellows reported to Council he has been unable to dispose of the tower behind City Hall. Council agreed to advertise for disposal of the tower. COMMUNICATIONS FROM COUNCILMEN A. JIM KNIGHT 1) FLAGLER PARKS Councilman Knight expressed the desire to landscape another of the Flagler Park, if the funds are available. Assistant Fellows noted the funds could be transfered from the excess in Contractual Services in Planning & Zoning. Councilman Knight moved if the funds and labor are available, landscape another park, seconded by Councilman Watford, motion passed. 81-61 WATER SHORTAGE Council discussed the present draught and water shortage and the possibility of passing an emergency ordinance. Councilman Watford felt the Mayor should simply issue a proclamation to solve the problem. Coucnil agreed. Assistant Fellows to draft a proclamation for Mayor to sign and execute. 81-56 FLORIDA LEAGUE OF CITIES Assistant Fellows brought to Council's attention a plea from the Florida League of Cities to gain the support of municipal governments to defeat two proposed bills. House Bill #387 would remove the authority of municipalities to utilize the authority of eminent domain outside of the city limits for water and sewer purposes. The second bit of legislation would mandate minimum pay for police officers. Councilman Burk moved to authorize the drafting of two Resolutions opposing the proposed laws, seconded by Councilman Chapman, motion carried. 81-62 FLUORIDE IN WATER Councilman Watford asked that the issue of ~Fluoride in Water" be placed on the agenda of the next regular meeting, for discussion. Assistant Fellows noted, if Council so desired, the State offered to present its case at any time. No action taken at this time. 2844 WARRANT REGISTERS Councilman Burk moved to approve the General Fund Warrant Register in the amount of Thirteen Thousand Seven Hundred Forty-Nine and ll/100ths Dollars ($13,749.11), seconded --~ by Councilman Chapman, vote carried. Councilman Burk then moved to approve the Water & Sewer Fund Warrant Register in the amount of Fourteen Thousand Eight Hundred Seventy-Eight and 39/100ths Dollars ($14,878.39), seconded by Councilman Chapman, motion passed. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. EDWARD W_ DOIIGIAS Edward W. Douglas Chairman/Mayor City of Okeechobee ATTEST: ~onnie S. TKo~ City Clerk City of Okeechobee WORKSHOP THURSDAY~ MAY 21, 1981 The City Council of the City of Okeechobee, Florida, convened in a Workshop Session --~ to discuss the City's Comprehensive Plan, in Council Chambers at City Hall, Okeechobee, on Thursday, May 21, 1981, at 7:00 P.M. Chairman/Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Oakland Chapman, Donald Burk and Jim Knight. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of P~blic Works L.C. Fortner, Jr., and Deputy Clerk Janice M. Mann. Chairman Douglas called the meeting to order. PUBLIC HEARING 81-15 COMPREHENSIVE PLAN Representatives Ken Ford and Bill Miller were present to discuss the first draft of the City's Comprehensive Plan. Bill Miller reviewed the following sections of the Comprehensive Plan: I. Land Use Element 1) Essentially the same with the exception of page 10 which deals with "General development standards, land use standards, natural resource protection standards, site design standards and planned unit develop- ment review criteria. II. Housing Element --~ 1) The wording of the section on the "Housing Authority" to read "the City and County should study the possibility of forming a joint Housing I ' ? I - I II ' ' TI I AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MAY 12, 1981 7:00 P.M. 1. Invocation Approval of the minutes of the workshop meeting on April 23rd, 1981. Introduction and first reading of an ordinance amending Chapter 10 of the Code of Ordinances of the City of Okeechobee, Florida to provide a compre- hensive schedule for businesses and institutions utilizing commercial garbage dumpsters and setting of a public hearing for May 26th, 1981. IV. Appearances: a) Phil Berger, Chairman of the Okeechobee County Industrial Development Authority to discuss cooperation with the city in the development of industrial properties. V. Receipt of bids for the purchase of fire hose for the Okeechobee City Fire Department and action by Council to authorize purchase of same. VI. Action by the Council to set compensation to franchisee for garbage and trash service effective May 18, 1981 and discussion relative to existing franchise agreement. VII. Appointment of legal counsel to Code Enforcement Board and setting of fee for attendance. VIII. Report by L.C. Fortner and David Conlon regarding alternative proposals for the installation of drainage on Northwest Eighth Avenue and report on meeting with Dennis Mulberger to resolve the problems involving water and sewer ease- ments, and rights-of-way along Southwest Seventh Avenue and Second Street. IX. Council action to approve an increase in expense reimbursement to members of the Planning and Zoning Board. X. First reading of an ordinance amending Chapter 12 of the Code of Ordinances of the City of Okeechobee to provide a new schedule of occupational license taxes in accord with authority of the Florida Statutes and setting of a public hearing for Tuesday, May 26th, 1981. XI. First reading of an ordinance amending Code of Ordinances to provide authorized employees to incur travel expenses and to provide a method of reimbursement and setting of a public hearing for Tuesday, May 26, 1981. 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. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MAY 12, 1981 7:00 P.M. App ova ez-d Introduction and first reading of an ordinance amending Chapter 10 of the Code of Ordinances of the City of Okeechobee, Florida to provide a compre- hensive schedule for businesses and institutions utilizing commercial qrL), umpsters and setting of a public hear'ny for May 26th, 1981. (.A.) - es of the workshop meeting on April 23rd, 198/. , Apnea ant:vs: 40,441) Phil Berger, Chairman of the El<41/=Countly Industrial Develenmen_t uthoritt, to discuss cooperation with rhe city /n the develoument oi d.v------1,-, 4 ---.6--e 5a-z----. --/- - tp_ir tr i a I . ,ropqrties. /0/d-'t6 sOlde-ta,----- Afize-cS'ivc.,_ece./1_,,„.., _ Otec..40-q,,,zento,/ T .1.4- Receipt of bias tor the purchase of fire hose tor tne okeechobee citti Vi re .. Department and Action by Council to -utlorize purcha:ie of. same, 1,-ezt76zF(— bq Jiro Council to set compensation t' 7 TJflC 1 (0 to r garbage ang Crash service offeFtive May 18, 1981 andj1iscuRJon re/ative to existing Franchise agrevent. 34'(t..e'145724,-2-a-a-0 01-vco. Appointment of legal counsel to Code Enforcement Board and setting of fee for ott.-end*Rov, V13-. Report by c and David Conlon regarding alternative proposals for the installation of drainage on Northwest Eighth Avenue and report on meeting with Dennis Mulberger to resolve the problems involving water and sewer ease- _ ments, and rights-of-way along Southwest Seventh Avenue and Second Street IX. Council action to approve an increase in expense reimbursement to members of the Planning and Zoning Board. First ,reading or anrordinance_amending Chapter 12 of the Code of Ordinances of the City or okeehrtr-o to provide a new schedule of occupationallieense taxes in accord with authority of the Florida Statutes and Witiing of a public hearing tor Tuesday, May 26th, 1981. .---7' Tirst readinq of an ordinance amending Code of Ordinances to provide oprhor 1 .--.e., emplouees to incur travel eXPenses and to provide i metio(l of reimbursement /I . /,, , , ,, . , setting oI a pub! Jc hearing for Tuesday, May 26, 1981. t,_,_.( ,-'--,' ' ,,, Mayor to cal! on anyone in audience wishing to address the Council. „,,,,41041(1'14be'"1"-4-C-eir•I=-.- . ._. XIII. Mauor to call on City Attorneu, Cr Clerk, Administrative Assistant, and 4,.,..' Coll3cilmon totarding cyqusts and/or reports ,r1,