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1981-07-28 Regular Meeting2879 33 81 -2 81 -86 81 -87 SECOND REGULAR MEETING TUESDAY, JULY 28, 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 28, 1981, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford., 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 Chief Keith Tomey. Chairman Douglas called the meeting to order. Councilman Burk offered the invocation. APPROVAL OF MINUTES With no corrections, deletions or additions needed, Councilman Watford moved to accept the minutes of the July 14, 1981, meeting as written, seconded by Councilman Knight. Motion carried. DENNIS BRADSHAW, OKEECHOBEE REHABILITATION FACILITY RESCHEDULING HOURS OF WATER EMERGENCY ORDINANCE Chairman Douglas called for Mr. Dennis Bradshaw, Executive Director of the Okeechobee Rehabilitation Facility. Mr. Bradshaw explained to the Council the problem the Facility is having in maintaining the nursery under the current watering provisions. The Facility does not have proper equipment to go along with the water resolution and has lost an estimated $500 worth of plants. Mr. Bradshaw requested that the Facility be allowed to water during the hours of 7:00 - 10:00 A.M. and 3:00 - 5:00 P.M. as there are staff members present to oversee the watering. Attorney Conlon informed the Council that he does not interpret the Ordinance as applying to commercial nurserys. Director Fortner stated the intent of the restrictions by the South Florida Water Management District was for non - essential use of water. After further discussion, the Council agreed that their understanding of the Ordinance passed was that the use of the water and the restriction of it does not apply to to the business uses of water in maintaining the business. Chairman Douglas told Mr. Bradshaw that his business of commercial nursery comes under the Ordinance and there is no problem with the Facility watering their plants as requested. BID TABULATION SURPLUS 1974 DATSUN PICKUP Council members were given the results of the bid tabulation for the surplus 1974 Datsun Pickup as follows: 2880 81 -8 Pamela Bohn 1404 S.E. 4th Street Okeechobee, Florida 33472 Charles Elders P.O. Box 49 Okeechobee, Florida 33472 David J. Hunter 611 S.W. 9th Street Okeechobee, Florida 33472 $201.00 $201.00 $250.99 On the recommendation of Clerk Thomas, Councilman Watford moved to accept the highest bid of $250.99 from David J. Hunter, seconded by Councilman Knight. Motion carried. REQUEST FROM PLANNING AND ZONING BOARD AMENDMNET OF ZONING ORDINANCE PERTAINING TO ISSUANCE OF TEMPORARY PERMITS Chairman Douglas asked Assistant Fellows to brief the Council on the request from the Planning and Zoning Board to change hearing procedures for the issuance of temporary permits as provided in Section 9.2, page 38 of the Zoning Ordinance Number 402 and to amend Section 9.5 on page 40 of the Zoning Ordinance by omitting reference to the City Council. Assistant Fellows explained there is a provision in the Zoning Ordinance which allows temporary use permits for up to the period of time desired for someone to park a mobile home in connection with construction of a residence, a mobile home as a construction office and other type of uses which do not, on a short -term basis, do damage to the neighborhood economically or aesthetically. The Zoning Ordinance provides that these temporary use permits for periods over 30 days must first come before the Planning and Zoning Board where a public hearing is held. Then it comes before the Council with a recommendation of the Planning and Zoning Board where the Council must then hold a public hearing before the people can get a temporary use permit. The Planning and Zoning Board has asked the Council to consider initiating an amendment to the Code which would eliminate the necessity of coming before the Council. They feel that a temporary use permit is something that probably should be handled in a more speedy manner and would not necessarily require two public hearings and all the necessary mailings which go along with those public hearings. The Zoning Administrator presently can issue a temporary use permit for up to 30 days with no hearing. Attorney Conlon stated all the Planning and Zoning Board is asking to do is cut down the procedure. Councilman Watford questioned that there will still be a public hearing with notices sent to surrounding landowners. This public hearing would be held before the Planning and Zoning Board. 33 81 -74 After further discussion of the matter, Chairman Douglas called for a decision of the Council. Councilman Watford moved to set the proposed amendment to Zoning Ordinance 402 for Public Hearing August 25, 1981, and also to define the temporary time limit as 180 days. Seconded by Councilman Chapman. Motion carried. PUBLIC HEARING SECOND AND FINAL READING - ORDINANCE AMENDING ORDINANCE 360 Chairman Douglas presented for second and final hearing an Ordinance amending Ordinance 360: 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: 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 lenghts as determined by the Director of Public Works. 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. 1981. Introduced and passed on first reading this 14th day of July , 1981. Introduced and passed on second and final reading this 28th day of July Chairman Douglas called for any member of the audience who had any objections or comments in regard to the ordinance. Mr. Andy Rubin, a resident of the City, questioned the Council about the size of existing culverts, if they would have to be changed to meet these specifications. Chairman Douglas informed Mr. Rubin that it is not specified in the Ordinance. This ordinance is for new construction. Councilman Burk stated that this is an amendment to an existing Ordinance therefore, it would become effective as of now. Councilman Knight moved to accept this amendment on driveway construction. Seconded by Councilman Chapman. Motion carried. 2882 81 -76 NEGOTIATIONS FOR ENGINEERING CONSULTANT FOR THE CITY Chairman Douglas asked Director Fortner to update the Council on the negotiations with the engineering consultant. Director Fortner presented to the Council a list of engineering firms that had shown an interest in serving the City of Okeechobee. The first three firms are listed in order of preference. The other firms that had shown an interest were also listed, not in any order of preference. Firms submit a Form 254 showing some of the projects they have handled, the number of people they have on their staff, etc. No money is discussed at this point. The following firms have submitted a proposal to provide engineering and surveying to the City of Okeechobee: 1) Broome, Van Ostran & Associates, Inc. Okeechobee, Florida 2) Robert E. Owens & Associates West Palm Beach, Florida 3) Briley, Wild & Associate, Inc. Riviera Beach, Florida Gee & Jensen West Palm Beach, Florida Reynolds, Smith & Hills Orlando, Florida Buchard - Horn Vero Beach, Florida Post, Buckley, Schuh & Jernigan, Inc. West Palm Beach, Florida Biscayne Engineering Company, Inc. Lake Worth, Florida Chairman Douglas called for a decision of the Council. Councilman Burk moved to authorize Director Fortner and Assistant Fellows to contact Broome, Van Ostran and Associates to negiotate a contract with them to provide engineering service to the City of Okeechobee. Seconded by Councilman Chapman. Councilman Knight questioned discussing a contract with one firm vs discussing with all firms to get the best deal for the City. Councilman Burk stated that in competative bidding only one firm can be negotiated with at a time. Assistant Fellows explained the Competative Negotiations Act to the Council. The Act provides that advertising be done in a uniform manner and then the three firms most qualified are selected. Of the three most qualified, the top firm is recommended and negotiations on a contract then begin. If a contract cannot be reached with the first firm, negotiations begin with the number two firm. If a contract cannot be reached 2883 33 with the number two firm, the third firm is negotiated with. At no point after proceeding to the next firm can the preceeding firms be contacted. There being no further discussion, Chairman Douglas called for a vote on the motion made by Councilman Burk. Motion carried. Chairman Douglas called for anyone in the audience who wished to address the Council. Earl Osgard from Biscayne Engineering appeared before the Council stating that firm is interested in becomming the engineering firm for the City. Mr. Osgard asked the Council if it would be possible to revise the list and include Biscayne Engineering as one of the top three. Mr. Osgard stated that the way it now stands, he feels his firm does not have a chance. Mr. Osgard was asked if his firm was recently established. Mr. Osgard stated that Biscayne has been in business since 1898. Biscayne Engineering has offices in Dade, Broward, Palm Beach, and Martin Counties and they are currently negotiating in Charlotte County. There is also an office in Brevard County. Attorney Conlon questioned the second engineering firm on the list, Robert E. Ownes and Associates, as to whether the City could openly negotiate services with someone the City is currently in litigation with. Councilman Burk stated that he has dealt with Robert E. Owens, Assoc. since early 1970's, and he feels there are communication problems with the firm. Councilman Burk stated further that it is his feeling that Owens has not fulfilled their responsibility to the City of Okeechobee. Councilman Chapman stated that he has no objection to placing Biscayne Engineering in the number two position on the recommendation. Mr. Osgard informed the Council that Biscayne Engineering has been considering opening an office in the Glades area to handle the population growth and to get involved in projects. There being no further discussion, Councilman Chapman moved to place Biscayne Engineering Firm in the second position of the negotiation list and move Robert E. Owens and Associates to the last place. Seconded by Councilman Burk. Motion carried. Mr. Andy Rubin congratulated the Council on the motion passed stating that competition is good for all involved. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY CLERK 1) FINANCIAL STATEMENT Clerk Thomas informed the Council the monthly Financial Statement for June is out for their examination. 2884 81 -57 81 -88 B. CITY ATTORNEY 1) MULBURGER PROPERTY Attorney Conlon informed the Council he has looked over the proposed title on the transfer of property with Mulburger and found that Mulberger can give the City a good title once he satisfies a couple of outstanding mortgages on the property and signs certain instruments to correct some things. Attorney Conlon stated that he would tell Mr. Mulburger if he will get required satisfactions and necessary papers he will record them at the same time he records a resolution from the City which vacates the City's side of the street. If Mulburger can get all the papers to the Attorney by the next meeting, the Attorney will prepare a resolution for Council signatures. Councilman Burk moved to authorize Attorney Conlon to draft a resolution subject to everything being in order. Seconded by Councilman Knight. Motion carried. 2) ORS PROPOSED COMPLIANCE AGREEMENT Attorney Conlon informed the Council he had a final discussion with their lawyers this date, July 28, 1981, in negotiations over the finer details of the exact wording by phone. Attorney Conlon gave them what he thought is acceptable wording to carrying out the same concepts the Council agreed with. The current problem is with language. Attorney Conlon stated that this should be concluded very soon and he left it with them that if they approved the language in order to speed it up, we will type it here, have the Mayor sign, send it to them and they can sign. Since all Council members have seen the Compliance Agreement, and can go along with the substance of the Agreement and assuming the quota situation can be solved, and take the agreement as it is with just changes the Mayor could sign and send it back or it can be brought back to the Council after final drafting. Councilman Burk stated this agreement needs to come back before the Council in the event that someday in the future if there were other litigations, Council members would be individually responsible. Attorney Conlon agreed with Councilman Burk and informed the Council he would bring the Agreement back to the Council for signatures. 3) RENTAL TRUCK DAMAGE TO FIRE DEPARTMENT EQUIPMENT Attorney Conlon informed the Council that an adjuster for one of the insuarnce companies on the rental truck that did the damage to the Fire Department equipment had come to see him and he sent him over to see Chief Tomey. The adjuster came back after seeing the Chief and wanted to discuss a pro rata settlement because he said some of the equipment was old when the accident happened and some of the equipment, the Chief repaired and is still using. 2885 33 81 -89 Attorney Conlon told the adjuster he doesn't negotiate or have anything to do with the values of it and could not operate verbally. Conlon instructed the adjuster to put in writing what he is willing to pay, it will be presented to the Chief Acceptance will be up to the Chief who in turn will make a recommendation. C. ADMINISTRATIVE ASSISTANT 1) LETTER FROM THE DEPARTMENT OF COMMERCE Assistant Fellows informed the Council he has a letter from the Department of Commerce, Mr. Steve Alby, Director, State of Florida, indicating the Legislature appropriated $11 million to the Division of Economic Development for the purpose of funding economic development transportation projects including access roads to industrial areas. The Okeechobee Industrial Development Authority has received news of this matter and asked their Chairman to appear before the City Council to ask for their consideration in applying for the funds to construct an access road into the City's industrial property. The application does not obligate the City to proceed even if a construction permit were granted and funds made available. The City would have the opportunity of either accepting or rejecting the grant. If the Council deems it appropriate to file an application for these funds, which would also include all of the necessary engineering, Mr. Fellows will proceed. Deadline for consideration is August 21, 1981, at 5:00 P.M. Chairman Douglas asked if the City or the Industrial Authority would file the application. Assistant Fellows stated the Industrial Authority had encouraged the City to file. but it could be done either way. Councilman Burk recommended the City make their own grant request and handle it entirely for the City. Council members discussed the location of an access road. The consensus of the Council was to allow Assistant Fellows to do the preliminaries on the grant, call Mr. Albey and get his thoughts as they relate to the location of this road and discuss with him where it would be best to put the access road and report back to the Council on August 11th. 2) COUNTY LIBRARY Assistant Fellows has received a letter from the Okeechobee County Library inquiring about Library funding from the City. This request will be included in the budget for August 6th. 3) SOUTH FLORIDA WATER MANAGEMENT DISTRICT The South Florida Water Management District has scheduled a meeting in Clewiston, August 4th at 10:00 A.M. in the John Boy Auditorium. The purpose of the meeting is to acquaint water users and government officials with the water resource, it's reaction to the shortage and prospects for water supply in the future. T TE T 2886 81 -90 81 -45 81 -91 4) CODE ENFORCEMENT BOARD Assistant Fellows informed the Council that Blair Kuhlwind, a member of the Code Enforcement Board, has been unable to attend any of the meetings and cannot because of the time the meetings are set and the Chairman does not want to hold them later. Mr. Kuhlwind will be notified, if the Council agrees, of the need to have a full board. Councilman Watford asked if Mr. Kuhlwind has made any communication with the Board other than requesting a time change. Attorney Conlon stated that Mr. Kuhlwind came to the meeting on July 27, 1981, it was his feeling that he could get to the meeting at 10 minutes after 8 and pick up there. Mr. Kuhlwind is in a situation that cannot be worked out at this time. Attorney Conlon stated that the Council should, at this time, go back to Mr. Kuhlwind and ask for his resignation unless he can make arrangements to attend the meetings. Assistant Fellows suggested that he talk with Mr. Kuhlwind on July 29, and see if he could make arrangements to attend the meetings and if he cannot, ask for his resignation. At that point, the Council will go ahead with advertising the vacancy. Councilmen Knight, Watford, Chapman and Burk agreed. COMMUNICATIONS FROM COUNCILMEN A. OAKLAND CHAPMAN Councilman Chapman stated there is a large pile of trash on S.W. 11th Avenue and questioned if the Fire Department could check into that. B. DONALD BURK 1) CITY VS LAGROW Councilman Burk asked Attorney Conlon if he had any information on the progress of the LaGrow situation. Attorney Conlon informed the Council that he cannot at this time give any information. C. EDWARD W. DOUGLAS Chairman Douglas informed the Council he had discussed with Assistant Fellows methods of cutting costs within the City budget and had asked Fellows to check out the possibilities of deleting Mr. Figley's position, that of Assistant Director of Public Works, or whether it would be necessary to be filled when his resignation becomes effective. Director Fortner discussed the position with Chairman Douglas and feels that the position does need to remain rather than be deleted. Chairman Douglas stated that Director Fortner will be on vacation August 6th, Chairman Douglas agreed to bring this matter before the Council at this time in order that any questions to the Director of Public Works may be answered. Councilman Knight felt Director Fortner and Mr. Figley should prepare a job description for the position of Assistant Director and state the actual need and let the Council proceed from there. 2887 33 Director Fortner appeared before the Council to state his position in the matter saying that fourteen applications have been received by him since advertising in early July for the vacancy and he has come before the Council tonight prepared to make a recommendation. At the present time, Assistant Director Figley spends 15 - 20% of his time doing bookwork and 50 - 60% of his time doing purchasing. When asked by Councilman Chapman if the secretary could handle part of the purchasing, Director Fortner informed the Council she could not handle all of it, she could not do the leg work around the City's properties, checking personnel, complaints, equipment, getting parts, etc. Director Fortner informed the Council that since the new purchasing system came into effect in April, 1981, 62% of the purchase orders written were by the Public Works Department. The majority of Assistant Director's time is spent at the desk doing paper work, evaluation of personnel and monthly reports. Councilman Burk questioned Director Fortner on the purchasing done by the Public Works Department. After questions were answered, Councilman Burk stated that in essence, although Steve is called an Assistant, he is really a purchasing agent or buyer. Councilman Burk stated that a purchasing agent could be utilized as an Assistant Director when needed. Assistant Director of Public Works, Steve Figley, appeared before the Council to clarify the statistics on the purchasing done by the Public Works Department. Director Fortner presented the Council with a list of applications and his recommendation for the hiring of Douglas Wayne Cassell as the Assistant Director of Public Works. Councilman Burk stated he had no problem with Director Fortner having an Assistant. His main concern is the classification of the title. Burk further stated that a purchasing agent for the City could serve both positions and the City would be better off in the long run. The function of pruchasing should be placed in the Public Works Department taking it out of the City Clerk's office where it is utilized mostly relieving the Clerk of duties she was not elected to perform. Clerk Thomas stated she sees the need for an assistant in Director Fortner's office if the majority of purchasing comes from his office. Mrs. Thomas stated that she would like to have an opportunity as City Clerk to see how a purchasing agent would fit in with the operation of the Clerk's office. Clerk Thomas stated that purchasing does have an arm in the Clerks office with the bookkeeping. Councilman Burk stated that the accounting portion will always go through the Clerk's office but the purchasing itself is an extra burden on the Clerk's office. Councilman Watford stated he would like to see the City get by with the least number of people possible. 2888 Chairman Douglas stated his appreciation for the work Steve has done for the City. Councilmen questioned Director Fortner about his recommendation of Douglas Wayne Cassell. Mr. Rubin came before the Council to withdraw his application as Assistant Director of Public Works. Mr. Rubin urged the Council to hire an assistant for Mr. Fortner at this time and consider the purchasing agent at a later date. Councilman Chapman moved to hire an Assistant Director of Public Works, Douglas Wayne Cassel. Seconded by Councilman Burk. Motion carried. Assistant Figley asked for clarification by the Council of the Assistant Director of Public Works position's job description in regard to purchasing. The consensus of the Council was that Mr. Cassel was hired as Assistant Director of Public Works to continue as Mr. Figley has done in the past. ADJOURNMENT There being no further business, Councilman Burk moved that the meeting be adjourned. Seconded by Councilman Chapman. Meeting adjourned 10:15 P.M. . /if dward W. Douglas Chairman /Mayor City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Invocation AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 28, 1981 7:00 P.M. Approval of thp minutes of the regular meeting of July the 14th, 1981. L) ce-Y-1--a-cfr(e Appearance of Mr. Dennis Bradshaw, Executive Director of the Okeechobee Rehabilitation Center appealing the provisions of the Water Emergency Ordinance relating to the hours of watering and requesting consideration of the Council for rescheduling hours due to hardship :7= e.er?-74,(2-x_d-,--r--/---e-eti--Zz„ex- ,(9-74 - if.„4..4.440.-1/ YLe — by2-5 t.V:---Action by the Council on a recommendation o of a surplus Datsun truck to David T. Hunter of 611 Southwest 9thl,r,V, Okeechobee, Florida 33472 for $250.99. Wc2 Consideration of a request from the Okeechobee Planning and Zoning Board to initiate an amendment to the Zoning Ordinance to change the hearing procedures for the issuance of temporary permits as provided in Section 9.2, page 38 of the Zoning Ordinance Number 402 and to amend Section 9.5 on page 40 of the Zoning Ordinance by ommiting 'reference to the City...Council. -,'‘i-e-ivr-/n s,, • Public Hearing and final reading of an rdinance amending Ordinance 360 relating to standards of construction for private driveways upon or across the proper y a providi g specifications for )2_74-7,Lt„LaX- culverts. 1/Lo, Recommend tion of Administrative Staff on negotiations with three top consultants as provided for under the Cqnsu1tants Competitive Negotiation Act. VIII. M4,14-oo call on ucTienc for anyone washing to addres un il. 'CL- IX. Mayor to call on City Clerk, CAY Attorney, Administrative As 'stant,and iq ouncilmen for reports and/or requests, , --7il-X--7 -L---"L-C-A---k— i i&,2147-40-a zti{ 14,c 17-tc--Ge,--,cc7:0 --APO ti.,6,-/-- (J iT (1) 7-1 w-ce.-11.& /7(02 -< • °A -7-74 - -0 1 )-x-0-(-6/42/a77d21-4-, 72..L ,06tet.t,c/.< 1 cd fr 1-)2- // - — _ ) _ 1 . kt Of---,-e-5 le U. '14 jci7 e' -e-Jc,/ 2() .% A-vtt{ /2-12-2 GL-c-re/r-2.12,- '62 6, 70 TA-1 14- 9-1- Lk3/42-i.,_ ;,?-0 1 7. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 28, 1981 7:00 P.M. I. Invocation II. Approval of the minutes of the regular meeting of July the 14th, 1981. III. Appearance of Mr. Dennis Bradshaw, Executive Director of the Okeechobee Rehabilitation Center appealing the provisions of the Water Emergency Ordinance relating to the hours of watering and requesting consideration of the Council for rescheduling hours due to hardship. IV. Action by the Council on a recommendation for the sale of a surplus Datsun truck to David T. Hunter of 611 Southwest 9th Street, Okeechobee, Florida 33472 for $250.99. V. Consideration of a request from the Okeechobee Planning and Zoning Board to initiate an amendment to the Zoning Ordinance to change the hearing procedures for the issuance of temporary permits as provided in Section 9.2, page 38 of the Zoning Ordinance Number 402 and to amend Section 9.5 on page 40 of the Zoning Ordinance by ouuuiting reference to the City Council. VI. Public Hearing and final reading of an Ordinance amending Ordinance 360 relating to standards of construction for private driveways upon or across the property and providing specifications for culverts. VII. Recommendation of Administrative Staff on negotiations with three top consultants as provided for under the Consultants Competitive Negotiation Act. VIII. Mayor to call on audience for anyone wishing to address the Council. IX. Mayor to call on City Clerk, City Attorney, Administrative Assistant and Councilmen for reports and /or requests. X. Adjournment.