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1981-07-14 Regular Meeting2870 81 -2 81 -74 3) MAYOR'S CONFERENCE Chairman Douglas commented on the Mayor's conference he attended. ADJOURNMENT There being no further business the meeting adjourned at 11:15 P.M. Edward W. Douglas Chairman /Mayor City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee FIRST REGULAR MEETING TUESDAY, JULY 14, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular session in City Council Chambers at City Hall, Okeechobee on Tuesday, July 14, 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 Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Lieutenant John Emmons, Secretary Melody Hodges, Secretary Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Dowling Watford offered the invocation. APPROVAL OF MINUTES With no corrections, deletions or additions needed, Councilman Watford moved to approve the minutes of the June 23rd, 1981, regular meeting, seconded by Councilman Knight, motion passed. FIRST READING ORDINANCE AMENDING ORDINANCE 360 Chairman Douglas presented for first reading an ordinance amending Ordinance 360 relating to standards of construction for culverts and private driveways. The Ordinance was read in its entirity as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE; AMENDING ORDINANCE 360 RELATING TO STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; AMENDING SECTION 4 (c) RELATING TO REQUIRED CULVERTS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: That Ordinance 360, Section 4(c) be and it hereby is amended to read as follows: 2871 33 81 -75 Section 4. All plans and specifications must conform to the following minimum requirements before permit for construction or reconstruction shall be permitted: a) All driveways shall be constructed in a manner and of such materials and of such thickness as determined by the Director of Public Works. b) No part of any driveway shall interfere with or obstruct a free flow of water in gutters and drainage ditches. c) Where driveways cross open ditches in the parkways, culverts shall be installed. Such culverts shall be of such size and lengths as determined by the Director of Public Wlrks. In no instance shall the size of opening be less than that obtained by a fifteen inch diameter pipe. All culverts shall be at least twenty (20) feet in length. All culverts shall be constructed of such material and thickness so as to meet the minimum specifications of D.O.T. The length of culverts shall be determined by the following method: For ditch depth of two (2) feet or less, the culvert shall extend not less than four (4) feet beyond each edge of the driveway where it crosses the ditch. For each additional foot depth of ditch add two (2) feet to the above figure, except that where headwalls are constructed at the ends of the culvert the length shall be as determined by the Director of Public Works. SECTION II: This ordinance shall take effect upon its adoption. Introduced and passed on first reading this 14-r0" day of , 1981. Chairman Douglas stated the amendment is to be properly advertised and brought back before the Council on July 28th for the second hearing. Director of Public Works Fortner was asked by Council to explain the purpose of the change. Director Fortner stated the increase in the size of the opening from 12" to 15" and the construction material meeting D.O.T. standards are the changes made in the ordinance. There being no further discussion, Councilman Watford moved to set said amendment for Public Hearing on July 28th, 1981, seconded by Councilman Chapman, motion carried. FIRST READING ORDINANCE AMENDING THE GARBAGE AND TRASH ORDINANCE Chairman Douglas presented for first reading an ordinance amending the garbage and trash Ordinance as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE; AMENDING CHAPTER 10 RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING ARTICLE 3 ADDING A NEW SECTION 10 -37 TO PROVIDE FOR EXCEPTIONS IN CASES OF HARDSHIP; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION 1: Chapter 10, Article 3 of the Code of Ordinances be and it hereby is amended to add a new Section 10 -37 which shall read as follows: CHAPTER 10 ARTICLE III: SECTION 10 -37: Exceptions in cases of extreme hardship Where it can be shown a particular residence, structure, or business does not generate any grabage or trash whatsoever, an appeal may be made to the Director of Public Works for an exception to the provisions of this ordinance. The Director 2872 81 -76 of Public Works shall meet with the Assistant to the Mayor and the City Clerk and a determination shall be made as to the reasonableness of the appeal and upon a finding the person so appealing does not generate garbage or trash of any kind and further upon the signing of a sworn statement to that effect then and in that event, the appeals committee may authorize a signed exception to this ordinance which shall be disseminated by the Director of Public Works. SECTION II: This ordinance shall take effect immediately upon its adoption. Introduced and passed on first reading this j -F T -- day of :3(A] y , 1981. Councilman Burk questioned the term "extreme hardship" used in the Ordinance. Councilman Burk feels this amendment may begin a rush of persons applying for hardship status, and this amendment should be thought about. Assistant Fellows stated the request has been made by only two or three of the entire pouplation and these have indicated they will sign a sworn statement that they generate no garbage. Councilman Watford agreed with Councilman Burk in that everyone generates some garbage. Mrs. June Holt, a member of the audience, at this time stated she does not mind paying the $5.00 fee for garbage pick -up but questioned the Council as to whether or not she can haul other trash to the landfill. Mrs Holt was informed by the Council that she can haul her trash and pay a nominal fee at the landfill site. Mrs. Holt stated she will not pay the first $5.00 as her garbage has not been picked up due to her not knowing the correct day for her pick -up. Mrs. Holt informed the Council the mandatory garbage pick -up is unconstitutional as the citizens did not vote on it. Councilman Burk stated that the Council did properly advertise and hold a Public Hearing on garbage pick -up and the schedule of pick -up was also advertised. Chairman Douglas called for recommendations on this proposed amendment. Councilman Knight moved that Section 10 -37 not be added to the Garbage and Trash Pick -up Ordinance, seconded by Councilman Burk, motion carried. ENGINEERING AGREEMENT WITH BROOME, VAN OSTRAN AS CONSULTING ENGINEERS FOR THE CITY OF OKEECHOBEE Chairman Douglas asked for input from the Council on the City entering an agreement with Broome, Van Ostran as consulting engineers. This agreement came about as the result of discussions between Assistant Fellows, Director Fortner and the engineers, which was authorized by the Council in accordance with the Competative Negotiations Act and is an offshoot of those negotiations on the lateral sewer design work. Assistant Fellows feels that this agreement on a yearly basis for set retainer could save the City money on engineering questions. Director Fortner concurred with Assistant Fellows in that the City would save money. 2873 33 81 -23 Attorney Conlon stated that he would like to go over the contract prepared by the engineering firm with Assistant Fellows and Director Fortner before the contract is agreed upon. Attorney Conlon informed the Council they could discuss and act subject to the contract being agreed upon. Attorney Conlon stated he would like to check the possibility of this contract coming under the Competative Negotations Act. Attorney Conlon stated he does not like to rush into an agreement that has been prepared by the other side. Councilman Chapman stated he feels it is a good idea to hire a local engineering firm but agreed with Attorney Conlon that the contract should be carefully looked over. After further discussion, it was the consensus of the Council to let Attorney Conlon, Assistant Fellows and Director Fortner work out a proposal to present to the engineering firm and bring that proposal back to the Council at the July 28th meeting. PROPOSAL FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 201 PLAN Council discussed with Director Fortner the preparation of plans and specifications for lateral sewers in the Okeechobee service area to work in coordination with the 201 area wide water and sewer plan. Director Fortner explained that the City is presently trying to get the land lease which is the last obsticle to overcome. If the land lease is approved, the City hopes to submit it to the D.E.R. for approval at their August meeting and construction of the system should begin by January 1, 1982. All advertising, bidding, etc. will have to be done before construction begins. The actual drawing of the plans may take 4 to 5 months. Councilman Burk asked if Broome, Van Ostran were retained as engineers for the City, could they do the engineering for the lateral plan. Director Fortner stated they are qualified and willing to do the plans. Chairman Douglas stated that under the 201 project, the City must prove it can carry itself financially. Under the system now used, the City would not be able to finance the project. Director Fortner explained that additional customers could add additional revenue; however, there must be laterals for additional customers. Chairman Douglas called for a decision on the lateral lines for the plans. Councilman Burk stated he feels this item is important enough for the present and the future to hold a workshop. Other Council members agreed. 2874 81 -77 81 -78 81 -79 FIRST READING - REZONING REQUEST - WALLACE NORTON Chairman Douglas presented an ordinance amending Zoning Ordinance 402 to provide for the rezoning of property located at 302 Northeast 3rd Street, from Residential, Single Family to Commercial for the purpose of constructing professional offices and setting a Public Hearing for August 11th, 1981. Chairman Douglas noted the recommendation of the Planning and Zoning Board that this application be advertised for public hearing. Councilman Knight moved to accept the recommendation of the Planning and Zoning Board, read by title only and advertise for public hearing on August 11, 1981, seconded by Councilman Burk, motion carreid. This being the first reading Chairman Douglas read by title only the ordinance as follows: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHED ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL, SINGLE FAMILY TO COMMERCIAL. FIRST READING - REZONING REQUEST - JAMES TENNISWOOD Chairman Douglas prdsented an ordinance amending Zoning Ordinance 402 to provide for the rezoning of property at 208 Northeast 3rd Street from RG -2 to Commercial for the purpose of construction professional offices and the setting of a public hearing for Tuesday, August 11, 1981. This being the first reading Chairman Douglas read by title only the ordinance as follows: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM RG -2 TO COMMERCIAL. Chairman Douglas noted the recommendation of the Planning and Zoning Board to grant this request and set for public hearing. Councilman Knight moved to read this by title only and advertise for public hearing on Tuesday, August 11, 1981, seconded by Councilman Burk, motion carried. BID TABULATION - ON LINE COMPUTER EQUIPMENT Chairman Douglas remarked that computer equipment has been discussed for several months. Representatives from two companies were present to answer any questions. Chairman Douglas stated that five (5) years ago the State set up an accounting system and has asked for each municipality to conform to the State Accounting Code System. The City of Okeechobee has complied and the computer would enable the City to update that system. 2875 33 Cash Price BID TABULATIONS Burroughs Intech IBM NCR B -92 Nova 4 System 34 9020 $ 56,920.00 $ 66,150.00 $ 56,972.00 $ 67,584.00 Maintenance $ 7,968.00/yr. $ 5,400.00 /yr. $ 4,884.00/yr. $ 4,216.00/yr. FIVE YEAR LEASE /PURCHASE First Year $ 2,975.00/mo. $ 1,740.00/mo. $ 2,434.00/mo. $ 2,944.00/mo. Second through Fifth Year $ 1,403.00/mo. $ 1,740.00/mo. $ 2,434.00/mo. $ 1,453.00/mo. Total Price $103,044.00 $104,400.00 Interest Rate 8.5% After Five Years $146,040.00 $105,072.00 13% ? 8.5% $ 660.00 /mo. $ 450.00 /mo. $ 407.00 /mo. $ 351.00/mo. Assistant Fellows informed the Council that the Clerk had received a letter from one of the vendors this afternoon stating a reduction in one of the maintenance fees as follows: Burroughs B -92: Under Maintenance, change $7,968.00 per year to $6,656.00 per year. Under the Five Year Lease /Purchase, change the total five year purchase price from $103,000.00 to $96,000.00. After five (5) years maintenance, change $660.00 /mo. to $555.00/mo. Councilman Watford questioned if this change could be made being that these were sealed bids. Attorney Conlon stated that the Council cannot accept lower prices after bids are opened. Attorney Conlon stated at this time that all bids could be rejected and the equipment rebid. City Clerk, Bonnie Thomas, informed the Council that her recommendation has come about after six months of study, on -site visitation, meetings, etc. and careful analysis of what would best suit the needs of the City Finance Department. Council discussed pros and cons of the computer systems with representatives present, Allen Young with N.C.R. and Dave Ellis with Burroughs Corporation. Chairman Douglas called for a decision by the Council. Councilman Chapman moved to accept the recommendation of the City Clerk and Assistant Fellows to accept the N.C.R. 9020 computer with the five year lease /purchase agreement, seconded by Councilman Watford. Council discussed further with Mr. Ellis and Mr. Young maintenance and software of the computers. 2876 81 -54 81 -80 81 -81 Chairman Douglas called for a vote on the motion to accept the recommendation of Clerk Thomas and Assistant Fellows on the N.C.R. 9020 computer. Motion carried to accept the bid subject to Attorney Conlon's approval of the lease agreement with N.C.R. PROPOSED COLLECTOR ROADS Council discussed with Assistant Fellows and Director Fortner the development of a proposal to the County Commissioners of Okeechobee County for the maintenance of all streets, drainage ditches and rights of way within the municipal limits of the City of Okeechobee. Chairman Douglas asked Assistant Fellows to update the Council on his meeting with the County. Assistant Fellows stated that on the instruction of the Council, Director Fortner drew up a map with proposed roads to be designated and agreed to by the County that would be collector roads. Director Fortner and Assistant Fellows met with County Commissioners to ask that they approve those roads. The County Commissioners assigned a committee comprised of the County Attorney and the County Engineer to negotiate over the proposal. Some of the smaller roads on the original map were not agreed to by the County. Assistant Fellows told the Council that he and Director Fortner had done the best they could in the meeting. Collector roads had been approved by the Board of County Commissioners as indicated on the map. Attorney Conlon informed the Council they could seek declaratory relief through the Circuit Court. After further discussion, the Council agreed to allow Attorney Conlon, Assistant Fellows and Director Fortner discuss the matter further and bring a recommendation back to the July 28th meeting of the Council. Councilman Chapman expressed an interest in obtaining input from an outside source such as D.O.T., etc. COMMUNICATIONS FROM DEPARTMENT HEADS A. FIRE CHIEF (LIEUTENANT JOHN EMMONS REPRESENTING CHIEF TOMEY) 1) COUNTY FIRE DEPARTMENT RESPONDING TO CITY CALLS Chairman Douglas asked Lieutenant Emmons about County Fire Department sending an engine to city fires. Lieutenant Emmons briefly discussed incidents he was aware of this happening. B. POLICE DEPARTMENT 1) RESIGNATION OF SARGEANT HENRY HANCOCK Chairman Douglas informed the Council of the resignation of Sargeant Henry Hancock from the City Police Department effective July 27, 1981. Councilman Chapman expressed appreciation for a job well done by Sargeant Hancock and moved that his resignation be accepted, seconded by Councilman Burk, motion carried. 2) LETTER OF COMMENDATION OF DECTECTIVE GENE O'NEILL Chairman Douglas indicated a letter of commendation of Detective Gene O'Neill had been received from the City of Fairfax. 87'7 33 81 -82 81 -20 81 -57 81 -83 81 -84 C. CITY ATTORNEY 1) POSSIBLE LIABILITY SUIT Attorney Conlon advised the Council he had received a letter from a local attorney representing Mr. and Mrs. Andy Rubin citing negligance on the part of certain City employees in not barricading certain construction work in the City and causing injuries to Mrs. Rubin. Berger Insurance, carrier for the City, has been notified of the letter. The carrier will provide legal defense if a case is filed. No case has been filed at this point. 2) BROWN vs CITY Attorney Conlon has received a stipulation that will change Appendix A of the Municipal Service Improvement Agreement and a court order that amends the original court order so that the plans Director Fortner has given Conlon for 8th Avenue can now be sent down to Maimi to be put into the court file and a copy will come back to the City. Attorney Conlon fully anticipated that everything will go through in a couple of days. There is no need for any hearings, the matter is all resolved about people moving their houses or not moving their houses. 3) DENNIS MULBERGER Attorney Conlon informed the Council Dennis Mulberger has brought everything to his office, including the legal descriptions, drawings, title insurance and other items that were necessary over this agreement made concerning vacating part of the street and his building. Mr. Mulberger asked that everything be completed in 60 days. Attorney Conlon informed him there would be no problem. Attorney Conlon will review all the necessary information and bring back to the Council on July 28th. D. CITY CLERK 1) NEW EMPLOYEE Clerk Thomas introduced new secretary, Mary Ann Holt, to the Council. 2) WARRANT REGISTERS Clerk Thomas told Council members the Warrant Registers were ready to be approved and signed. COMMUNICATIONS FROM COUNCILMEN A. OAKLAND CHAPMAN 1) GARBAGE CAN TAGS Councilman Chapman showed the Council the garbage notices for cans. L. P. Sanitation will tag cans explaining why garbage was not picked up. B. DONALD BURK 1) FIRE TRUCK FOR FLORIDA SCHOOL FOR BOYS Councilman Burk informed the Council that the Florida School for Boys is badly in need of a fire truck. He asked the Council members to consider donating the old fire truck (probably 25 years old) to the State. 878 81 -57 81 -6 81 -85 Councilman Burk stated this request is based on: 1) the time is coming when the City will need to purchase a new fire truck and 2) the City is now in negotiations with HRS and the State on a land agreement for the 201 project. This might prove helpful if the City donated the fire truck to the Boy's School. 2) COUNTY COMMISSIONERS GARBAGE Councilman Burk asked the status of the County Commissioners asking the City to delete a certain charge as far as their garbage is concerned. Assistant Fellows stated that the County is going to subscribe to L.P. Sanitation and be billed on the City water bill. 3) MULBERGER PROPERTY Councilman Burk stated that the property owned by Dennis Mulberger, the old Markham Building, is creating an eyesore with junk being placed along the street in front of one of the buildings. Attorney Conlon stated that Mr. Westbrook, Building Inspector, could show the owner a copy of the ordinance and ask that the property be properly cleaned. C. DOWLING WATFORD, JR. 1) REGIONAL PLANNING COUNCIL Councilman Watford reported that he had attended the Regional Planning Council meeting and the Council recommended approval of the Country Club of Champions to be located north of Okeechobee. Councilman Watford informed the Council he would not be able to attend the July 24th meeting of the Regional Planning Council. WARRANT REGISTER Councilman Burk moved to approve the warrant register for the General Budget, seconded by Councilman Knight, motion carried. Councilman Burk moved to approve the Water and Sewer warrent register, seconded by Councilman Chapman, motion carried. D. EDWARD W. DOUGLAS 1) MUSCULAR DISTROPHY TELETHON Chairman Douglas informed the Council he had received an invitation as Mayor to make the presentation of any fund drive proceeds at the Jerry Lewis Muscular Distrophy Telethon on September 6, 1981, in West Palm Beach. ADJOURNMENT There being no further business the meeting adjourned at 10:04 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee and W. Douglas Chairman /Mayor City of Okeechobee AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 14, 1981 7:00 P.M. Invocation Approval of the minutes of the regular meeting of June the 23rd. . First reading of an Ordinance amending Ordinance 360 relating to standards of construction for culverts and private driveways and setting of a public hearing for July the 28th. Ly. First reading of an Ordinance amending the gage and trash Ordinance to provide for exceptions in case of hardship and the setting of a public hearing for July the 28th. Action by the Council to approve an eng-OePring agreement with 8roome, Van Ostran as consulting engineers for the City of Okeechobee. Action by the Council to approve a'proposal for the preparation of plans and specifications for lateral sewers In the Okeechobee service area to work in coordination with the 201 area wide water and sewer plan. First reading of an application for the rezoning of property located located at 302 Northeast 3rd Street by Mr. Wallace Norton requesting rezoning from residential single family to commercial for the purpose of constructing professional offices and the setting of a public hearing for Tuesday, August llth, 1981. (Planning and Zoning Board recommends approval) vii/. First reading of an application for the rezoning of property at 208 Northeast 3rd Street from RG-2 to commercial by Dr. James Tenniswogd for the purpose of building additional professional offices and the setting of a public hearing for Tuesday, August llth, 1981. (Planning and Zoning Board recommends approval) IX Bid tabulations and recommendations in regard to purchase of on line computer equipment, for Ise by the Finance Department / of the City of Okeechobee. 7'72 Discussion relative to developing a proposal to the Board of County Commissioners of Okeechobee County for the maintenance of all streets, drainage ditches and rights of way within the municiParlimitSof th City of keechob - ee. or t al] Or-lone in ..dience wishing to address the Council, XII. Mayor to call on Cit AttorneV1 CiLd..,Zerk, Administrative Assistant and CityCouncilmen for reports and/or requests. ./-1-4./14./ I f7 n-0// XIII. Adjournment AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 14, 1981 7:00 P.M. 1. Invocation Approval of the minutes of the regular meeting of June the 23rd. III. First reading of an Ordinance amending Ordinance 360 relating to standards of construction for culverts and private driveways and setting of a public hearing for July the 28th. IV. First reading of an Ordinance amending the garbage and trash Ordinance to provide for exceptions in case of hardship and the setting of a public hearing for July the 28th. V. Action by the Council to approve an engineering agreement with Broome, Van Ostran as consulting engineers for the City of Okeechobee. VI. Action by the Council to approve a proposal for the preparation of plans and specifications for lateral sewers in the Okeechobee service area to work in coordination with the 201 area wide water and sewer plan. VII. First reading of an application for the rezoning of property located at 302 Northeast 3rd Street by Mr. Wallace Norton requesting rezoning from residential single family to commercial for the purpose of constructing professional offices and the setting of a public hearing for Tuesday, August llth, 1981. (Planning and Zoning Board recommends approval) VIII. First reading of an application for the rezoning of property at 208 Northeast 3rd Street from RG-2 to commercial by Dr. James Tenniswood for the purpose of building additional professional offices and the setting of a public hearing for Tuesday, August llth, 1981. (Planning and Zoning Board recommends approval) IX. Bid tabulations and recommendations in regards to purchase of on line computer equipment for use by the Finance Department of the City of Okeechobee. X. Discussion relative to developing a proposal to the Board of County Commissioners of Okeechobee County for the maintenance of all streets, drainage ditches and rights of way within the municipal limits of the City of Okeechobee. XI. Mayor to call on anyone in audience wishing to address the Council. XII. Mayor to call on City Attorney, City Clerk, Administrative Assistant and City Councilmen for reports and/or requests. XIII. Adjournment