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1981-08-11 Regular Meeting2890 There being no further discussions at this time, the meeting was adjourned by Chairman Douglas at 10:15 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Edward W. Douglas Chairman /Mayor City of Okeechobee 81- 81 -77 FIRST REGULAR MEETING TUESDAY, AUGUST 11, 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, August 11, 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 and Police Chief Larry Mobley. Chairman Douglas called the meeting to order. Councilman Chapman offered the invocation. APPROVAL OF MINUTES There being a discrepancy in the copying of the July 28th minutes, Councilman Burk moved that the minutes not be approved until the discrepancy is corrected. Seconded by Councilman Chapman. Motion carried. PUBLIC HEARING SECOND AND FINAL READING ORDINANCE AMENDING ORDINANCE 402 Chairman Douglas read in its entirety an ordinance rezoning property on the corner of Northeast 3rd Avenue and 3rd Street, Lot 6, Block 143, City of Okeechobee: and 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 RESIDENTIAL SINGLE FAMILY TO COMMERCIAL. WHEREAS, application has been duly made to change the zoning classification as hereinstated, WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Ordinance 402, and WHEREAS, after consideration of the requirements of Ordinance 402 and the land use plan of the City of Okeechobee and the publics interest, it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. 2891 33 31 -78 SECTION 1. That the following described real property is hereby rezoned from Residential Single Family to Commercial. Lot 6, Block 143, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. SECTION 2. That the application requesting this Amending Ordinance, and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordnace with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this 11th day of August, 1981. Chairman Douglas informed the Council this Ordinance has been duly advertised and called for any discussion relevant to the rezoning of the property. Attorney John Cassels appeared before the Council on behalf of Wallace Norton for the rezoning stating that the property to the South of the Norton property is now zoned commercial; the property immediately to the West has application for rezoning to commercial and the property further to the West is Commercial. Councilman Knight moved to approve the rezoning of this property from residential to commercial. Seconded by Councilman Burk. Chairman Douglas called for any discussion on this matter. Councilman Watford commented that he feels there is a problem with the City's Zoning Ordinance in that it does not provide for any commercial or professional type buildings except in either commercial or in the RG with special exception. Councilman Watford further stated that it is his understanding this request for rezoning to commercial is because of the setback requirements and voiced his objection to the commercial rezoning as the property could be used for anything commercial. Chairman Douglas called for a vote on the motion. Councilmen Chapman, Burk and Knight registered a "yes" vote, Councilman Watford registered a "no" vote. Motion carried. PUBLIC HEARING SECOND AND FINAL READING ORDINANCE AMENDING ORDINANCE 402 Chairman Douglas read in its entirety an ordinance rezoning Lots 1, 2, 3 and 4, Block 142, City of Okeechobee from Residential General to Commercial: and, 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 RESIDENTIAL GENERAL (RG -2) TO COMMERCIAL. WHEREAS, application has been duly made to change the zoning classification as hereinstated, WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Ordinance 402, and WHEREAS, after consideration of the requirements of Ordinance 402 and the land use plan of the City of Okeechobee and the publics interest, it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore 2592 81 -2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Residential General (RG -2) to Commercial. Lots 1, 2, 3, and 4, Block 142, City of Okeechobee, as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. SECTION 2. That the application requesting this Amending Ordinance, and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordance with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this 11th day of August, 1981. Chairman Douglas asked for any objections or comments from the audience in regard to the rezoning of said property. There being no discussion on the request, Chairman Douglas called for a decision by the Council. Councilman Burk moved that Lots 1, 2, 3 and 4, Block 142, be rezoned from RG -2 to Commercial. Seconded by Councilman Chapman. Councilmen Chapman, Burk and Knight registered a "yes" vote, Councilman Watford registered a "no" vote. Motion carried. REPLACEMENT OF MEMBERS SERVING ON THE CITY OF OKEECHOBEE COMPETENCY BOARD AND THE CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD Chairman Douglas explained to the Council the need to replace members on both the Competency Board and the Code Enforcement Board. Councilman Watford asked Chairman Douglas to explain the Compentency Board and its benefits. Chairman Douglas referred the question to Administrative Assistant Fellows. Assistant Fellows explained that the Competency Board is made up of contractors and tradespeople who rule on the competency of other people engaged in contractural trade work. They certify people who they feel are competent to do the work. If the Board feels they cannot certify someone on the basis of their experience and reputation, then they can require the contractor to take a test. The purpose of the Board is to make sure that people who are doing contractural work are aware of the rules and regulations of the National Electrical Code and the Plumbing Code and that their work is being done in a manner that is safe and well done. Councilman Watford asked if this Board is set by statute. Assistant Fellows informed Councilman Watford that the Board is set by City Ordinance #303. Chairman Douglas at this time called for a decision of the Council on the recommendation of Mr. Joe Baker with Okeechobee Roofing and Gene Daniels of Daniels Plumbing being placed on the Competency Board. Councilman Chapman moved to place Mr. Baker and Mr. Daniels on the Competency Board. Seconded by Councilman Burk. Motion carried. Council discussed the replacement of one member on the Code Enforcement Board. Councilman Chapman moved to place Jerry Walker on the Code Enforcement Board replacing Blair Kuhlewind who resigned due to meeting time conflicts. Seconded by Councilman Knight. Motion carried. 2893 33 81 -93 81 -94 81 -76 81 -95 RECOMMENDATION OF PLANNING AND ZONING BOARD REGARDING DEVELOPMENT OF ORDINANCE REQUIRING FENCING OF BARROW PITS Chairman Douglas informed the Council a request has been received from the Planning and Zoning Board regarding the development of an ordinance requiring the fencing of barrow pits with a four foot hog wire (american wire) fence. After further discussion of the ordinance, Councilman Knight moved to table this item until Attorney Conlon can obtain information from other cities. Seconded by Councilman Chapman. Motion carried. REZONING REQUEST L. M. TAYLOR Chairman Douglas informed the Council of a request for advertising and setting for public hearing the rezoning of S.R. 70 North side just east of the Country Kitchen belonging to Mr. L. M. Taylor. Council members discussed with Attorney Conlon the right -of -way through the property. Mr. Taylor has agreed to grant the City a 70 -foot right -of -way and the maintenance of the right -of -way will be left up to Mr. Taylor. There being no further discussion by the Council, Councilman Watford moved to set this request for public hearing September 22, 1981, seconded by Councilman Chapman. Motion carried. APPROVE CONTRACT WITH BROOME, VAN OSTRAN FOR CITY ENGINEERING Chairman Douglas called for Assistant Fellows to update the Council on negotiations with the engineering firm of Broome, Van Ostran. Assistant Fellows informed the Council that he and Public Works Director Fortner had met with Mr. Van Ostran and gone over the proposal. It is the feeling of both Fellows and Fortner that the firm of Broome, Van Ostran is capable of providing the services as outlined in the contract. Director Fortner encouraged the Council to go ahead with the approval of the firm. Mr. Van Ostran appeared before the Council to update the Council on the condition of Jim Broome and also to inform the Council that he had contacted other engineers that could offer assistance if needed while Mr. Broome is recuperating. After further discussion with Mr. Van Ostran, Chairman Douglas called for a decision of the Council. Councilman Chapman moved to approve the contract with Broome, Van Ostran as provided for under the Consultants Competative Negotiations Act. Seconded by Councilman Knight. Motion carried. CARPET SURPLUS Chairman Douglas informed the Council that new carpet had been installed in the City Clerk's Office and authorization is needed from the Council to dispose of the surplus. The consensus of the Council was to allow Clerk Thomas and Assistant Fellows dispose of the carpet at their discretion. 2894 81 -9 ANDREW RUBIN REQUESTING PERMISSION TO FORM ADULT NIGHT WATCH Chairman Douglas called for anyone in the audience who wished to address the Council. Mr. Andrew Rubin appeared before the Council to present the problem of youths damaging mailboxes in his neighborhood and asked for their assistance in solving the problem. Mr. Rubin read the following list of names: Dr. and Mrs. Phyllis Koff Mr. and Mrs. T. J. Hall Frank Kepson Mrs. Annie Raulerson Loren Cowin Mr. and Mrs. Van Duncan Mr. and Mrs. Rodney Beemer Karen Harden Allen Markham Don Shaw David Selvy Mr. and Mrs. McCann Mr. and Mrs. Bert Raulerson Dr. and Mrs. 0. E. James Mr. and Mrs. Elbert Batton Residents of 502 S.W. 19th Street Foose Realty Hunt Realty Century 21 Realty Mr. Rubin stated there are teenagers driving around tearing mailboxes down. All of the persons listed previously by Mr. Rubin have experienced the problem. Mr. Rubin asked the Council to authorize him along with six other residents to operate an adult night watch on Friday and Saturday nights from 9:00 - 12:30. These citizens are willing to operate their cars, C. B. radios, competent people without guns but with a ball bat. Councilman Chapman expressed a concern over the fact that baseball bats would be used. Mr. Rubin stated that the ball bat would be used only on his own property. Councilman Burk stated that even if the law permitted the Council to make such a decision as this and to put their stamp of approval, he would have second thoughts after a man just stated he was going to take a baseball bat to someone. After further discussion with Council members, Mr. Rubin stated that without Council approval, he, along with his friends, citizens of Okeechobee, are going to ride. Councilman Knight recommended that something be published in the newspaper warning the public that tearing down mailboxes could be a serious offense. Councilman Burk recommended that the Council approve the Chief of Police having a regular police patrol and go as many times in the disturbed neighborhood or any other affected neighborhood as necessary to try to apprehend the offenders in the act. Chief Mobley stated that his department does have an auxiliary and acting upon the Council's recommendation, the auxiliary members could be brought in as they have been trained and they do have walkie- talkies and would not have to chase anyone. Being that they use their personal cars, they may have to be reimbursed for gas. Councilman Burk stated that he would like for the Police Department to assure the residents that the area is being patrolled. COMMUNICATIONS FROM DEPARTMENT HEADS A. DIRECTOR OF PUBLIC WORKS 81 -9 1) MARROW INC., LIFT STATION Director Fortner appeared before the Council regarding the Marrow, Incorporated development at N. W. 9th Street and 5th Avenue and their proposal to put in a sewage lift station. 2895 33 81 -31 The possibility of putting the station deeper to handle the entire area for future developments had been previously discussed. The City may or may not participate in this. The station would have to be almost 6 feet deeper to serve that entire area and would cost the City, with the lift station and 835 feet of line, an additional $19,000.00. Attorney Conlon questioned Director Fortner about the City having a standard set for lift stations. Conlon asked if the City is obligated at this time to let the developers have sewer with a minimum kind of plant and if the City doesn't put up more money they cannot hook into our own system or have we just told them we would make the capacity available. Director Fortner stated that the City is not obligated other than it was discussed with the developers that they would put in a lift station for their area. After a lengthy discussion with Director Fortner regarding a standard plan for lift stations and lateral lines, Chairman Douglas called for a decision by the Council. Assistant Fellows stated that the decision should be contingent on the City's engineers approving the engineering plans of the developer. The Farmers Home Administration pays for these sewer lines and lift stations. These people are going to make money from this development and Farmers Home will not let them build it without access to the sewage treatment plant which the City has. The City should require anyone that wants to submit plans to put it through our departments for the City's approval, not the developer's approval and at that time, the City's engineers can specify what the City wants. If the developer cannot build it to the City's specifications, then they don't get their project. At this time, Councilman Burk made a motion to authorize Director Fortner, after consultation with the engineers, to state what the City's minimum capacity would be that we would accept for this particular lift station. Seconded by Councilman Chapman. Motion carried. 2) CONTRACT FOR LATERAL SEWER PLANS Director Fortner encouraged the Council to approve the contract for the lateral sewers to get the master plan started and finished as soon as possible. Fortner stated that whether or not the 201 Project ever moves, we are going to have to do something with our sewer plant. Councilman Watford questioned waiting to discuss this item as a portion of the new budget. Director Fortner stated that it could wait until that time, however, there are some preliminaries on the contract that need to be taken care of if the Council approves it. There is engineering money available in this years budget to start. Chairman Douglas questioned whether this should wait until there is something more definite on the 201. Director Fortner stated that he didn't feel the 201 design would ever change. Lines inside the City limits are basically going to remain the same. In the event there is a new development in a particular area, the lines would already be sized and laid out in their proper location to cover that development. If the 201 doesn't go, the City has to do something with this plant as we are still under administrative order to cease to discharge by next summer. T yr T 2896 81 -1 Chairman Douglas questioned Director Fortner about the possibility of designing lateral lines that do not fit in the event the 201 project does not go. Director Fortner explained that the same design for the main trunk lines and the laterals could be used. In the event the line is too deep, there is a lift station. At any lift station, a force main can be installed to revert back to the plant. The 201 design can still be used. Councilman Watford questioned whether Director Fortner is asking for authorization to spend what money is left in the present budget for engineering or the entire contract amount of $98,000.00. Director Fortner explained that he is asking the Council to consider the request and make a decision as to whether or not it will be included in the budget for 1981 -82. Councilman Watford stated he would like to wait until the August 13 budget workshop and look at that portion of the budget. Councilman Burk stated that he would like for Director Fortner to draw up a rough sketch of the main lines and present it to Council in a workshop session at a later date. Chairman Douglas informed the Council that the water and sewer portion of the budget is to be discussed Thursday, August 13, and members do need to think about this project. Director Fortner informed the Council he could have a rough sketch ready for the August 13th budget workshop. B. CITY ATTORNEY 1) OFFICE OF REVENUE SHARING AGREEMENT Attorney Conlon stated that a copy of the final draft of the Office of Revenue Sharing (ORS) Agreement has been distributed to Council members. The agreement mentions provisions of the Affirmative Action Plan attached as Appendix III being carried out. There is another agreement that is identical except there is no reference made to the Affirmative Action Plan. The City has reached the point with ORS that they will agree to take an agreement from us with an Affirmative Action Plan or an agreement without an Affirmative Action Plan. If the Affirmative Action Plan is not agreed upon, the City of Okeechobee can request a hearing where the ORS would have to come to Okeechobee to gather evidence and proof and take the City to a hearing that would be held in Washington, D.C. If the City lost the hearing, the hearing officer would enact an Affirmative Action Flan with the City. Attorney Conlon informed the Council that if they are going to approve the basic settlement, he could attach the Affirmative Action Plan and mail it. Attorney Conlon at this point read the prepared Affirmative Action Plan as follows: The City of Okeechobee recognizes its responsibilities as an equal opportunity employer. Accordingly, it has as a goal the equal consideration for employment of minorities and female applicants for various positions encompassed within salaried and administrative positions. With natural employee attrition, the City will use reasonable efforts to hire qualified minority and female applicants from the City's relevant labor market, and in order to provide an equal opportunity, the City of Okeechobee shall: 2897 33 Provide through the news media adequate public notification of vacancies. 2. Provide notices of vacancies to be posted and distributed in minority neighborhoods, local women's organizations and the state employment office. 3. Provide contacts regarding job vacancies through such channels as civic and church groups in minority neighborhoods. 4. Provide that all minorities and women who apply will complete an application to be placed in an Affirmative Action Applicant file whether or not there are vacancies. This file will be consulted each time there is a vacancy to determine the possibility of hiring from it. Each application will be maintained for at least two (2) years. The file will be maintained and used as long as there are job categories where the affected classes are underutilized. 5. Employment application forms shall periodically evaluated to see that no inquiries are included that are not job related and which may be racially or sexually or culturally biased. Inquiries that are job related such as those regarding "marital status ", "height ", "weight ", "color of eyes and hair ", "home ownership ", "sex ", "number of dependents ", and "dependents other than wife or children ", shall be deleted from any employment applications. Inquiries regarding "physical handicaps" will be specifically limited only to physical limitations that might prohibit satisfactory job performance. 6 Maintain and use in filling promotional vacancies a list of employees who are affected class members (minority and women) with skills which qualify for upgrading. The City shall seek out and encourage minority and women employees to participate in any training which may qualify them as eligible for promotional opportunities as they arise. 7 See to it that copies fo this plan are disseminated to all City personnel and are also made available for public dissemination through the news media. 8 Distribute copies of this plan throughout affected minority neighborhoods. Chairman Douglas called for response from Council members regarding this agreement. Councilmen discussed further with the Attorney the consequences of the ORS accepting or rejecting the Affirmative Action Plan. Councilman Watford expressed his concern that the ORS will not accept the Plan while Councilmen Burk and Chapman agreed with Attorney Conlon that the City should submit the Plan and take the risk of the ORS accepting it as written. Attorney Conlon gave a rundown of the entire agreement as follows: Paragraph 1: The ORS proposed that there be a paragraph stating that the City had been investigated by the ORS and found guilty of violations. The statement has been changed, with the agreement of the ORS, to read as follows: "... that ORS believed that this jurisdiction was in non - compliance ". This admits nothing. Paragraph 2: Goes on to state that we admit nothing. The second part of the second paragraph does nothing more than repeat what is in the agreed upon Court Order that Director Fortner is having done at the present time. The last paragraph on the first page is very crucial. The whole problem started over that City Limit ditch flooding. The City had that problem in the case about trying to point out to the Court that the City does not have jurisdiction over that ditch. The second page, the ORS wanted the City to have engineers certify that the things we put in are still there. However, they have agreed that the Director of Public Works can do this once a year. 2898 The second paragraph of page two has been complied with. Fire hydrant, that's done. Mr. Fellows will work on an ordinance regarding the blocking of the railroad and he has worked up something about communication with the railroad. The City could allow commercial hook -ups on the sewer system without counting heads. This paragraph refers only to sewer hook -ups that are at the City's expense. Reference is made to the Affirmative Action Plan. The City will have to make changes in the employment application form eliminating any reference made to "marital status ", "height ", "weight ", "color of eyes and hair ", "home ownership ", "sex ", "number of dependents ", "dependents other than wife or children" and "physical handicaps ". The personnel manual needs to be revised in reference to maternity leave. Publish a summary of this agreement. Provide ORS with a list of employees, salaries, race, origin, six, date hired, etc. Give a yearly report that the facilities are still in. The City agrees that if ORS determines the agreement has been violated, the City is to request a hearing within ten (10) days. The ORS has agreed to the wording that the hearing shall be requested within ten (10) days of the receipt of the determination and the ORS is required to send the notice by registered mail. The City can in turn request a hearing by telephone to their attorney's office. Affirmative Action Plan -- Attorney Conlon stated that it is his hope the ORS will give some consideration to this plan. Attorney Conlon discussed a portion of the agreement that he missed, stating the Volunteer Fire Department would have to discontinue the requirement that new members be approved by the current members. The Council discussed briefly with Fire Chief Tomey the procedure of admitting new volunteers to the organization. Attorney Conlon informed the Council that there is necessary data which must be reported to ORS and therefore, the Council must appoint someone to take charge of having the data readily available if it should ever be requested. Chairman Douglas called for a decision of the Council on the ORS Compliance Agreement. Assistant Fellows questioned reference made in paragraph 5, Page 2, of the Compliance Agreement to the inter -local agreements between the City of Okeechobee and the County of Okeechobee regarding fire protection stating there is no such agreement that he is aware of. Attorney Conlon stated that this agreement the City has proposed only takes in the fact that on the north side of the railroad there is a black community and that the City should have some agreement with the County that the City will come to their aid and they will come to the City's aid because both the City and the County stations are on the south side of the railroad track. 2899 33 81 -19 81 -98 Assistant Fellows questioned that this is actually admitting that the City is unable to provide fire protection. Attorney Conlon ageed with Mr. Fellows stating that was a point he had failed to consider and he agreed to take that statement out of the agreement. There being no further discussion on the ORS Agreement, Councilman Watford moved to authorize the Mayor to sign the Agreement with our Affirmative Action Plan attached and submit it to ORS for their approval. Seconded by Councilman Burk. Motion carried. 2) NCR AGREEMENT Attorney Conlon informed the Council he had an NCR agreement which has presented some legal difficulties. The type of information contained on the contract, under the accompanying universal agreement standards, makes this a "secured sale" to the City of Okeechobee. The City cannot accept a "secured sale" because of constitutional prohibitation about levying City properties. Since NCR does not have a lease option agreement, a letter from NCR will be attached to the contract stating that if the equipment is purchased, the title shall pass to the customer only upon receipt of the full payment of the balance. The following clause has been added to the back of the final page of the contract which NCR will be required to sign: The payments made herein shall be made solely from other than ad volorem revenue and the seller /leasor shall not have any lein against any property of the City of Okeechobee. Upon final payment, title of the equipment herein will vest in the City. There is a prepared agreement that goes with the contract stating that if the City doesn't budget the money from non -ad volorem funds each year, the City can give NCR notice, pay a disconnect charge and be out of this agreement. Attorney Conlon stated that a procedure needs to be set up in the case that this ever happens the City must give the seller /leasor ninety (90) days notice. C. CITY CLERK 1) WARRANT REGISTERS Clerk Thomas presented the following Warrant Registers to the Council for approval and signatures: General Fund -- Warrant No. 4635 - 4708 -- $20,794.27 Water and Sewer Fund -- Warrant No. 5403 - 5445 -- $21,370.26 Councilman Knight moved to approve Warrant Registers for the General Fund and the Water and Sewer Fund. Seconded by Councilman Chapman. Motion carried. D. ADMINISTRATIVE ASSISTANT 1) ENERGY MANAGEMENT SURVEY Central Florida Regional Planning Council has indicated they have funds available to conduct an energy management survey of the City of Okeechobee in any area the City is interested in pursuing. There is no cost to the City except for Department Heads to provide them with information. This survey will make the City eligible for any energy grants that may be forthcoming. Assistant Fellows asked the Council to authorize him to contact C.F.R.P.C. to undertake the survey. Councilman Watford moved to authorize Assistant Fellows to contract with the C.F.R.P.C. to provide the City with the survey. Seconded by Councilman Chapman. Motion carried. 81 -99 COMMUNICATION FROM COUNCILMEN A. DOWLING WATFORD 1) LOCATION AND MOVEMENT OF STOP SIGNS Councilman Watford informed the Council that when 3rd Avenue was paved by the County Road Department, they changed the location of two stop signs. Watford questioned the Street Department and found they knew nothing about the change and changed the signs back. Mr. Milton Rhoden, County Road Superintendent, contacted Councilman Watford and explained why the signs were changed. Councilman Watford questioned who has the responsibility of changing the signs. Councilman Chapman stated that his understanding of the situation was that Mr. Rhoden and Director Fortner should have gotten together on the matter. Because there is a lack of communication, Mr. Rhoden went to Chief Mobley and told him. Chapman further stated that when the County paves a road, they are then responsible for the maintenance of that road and have the authority to change the signs. Director Fortner informed the Council that up until this time, the County has never changed the signs. The Council has in the past set the polocies of where sto p signs are located and approved any changes. When Councilman Watford came to Fortner asking about the changes, Fortner was not aware that Mr. Rhoden had talked to Chief Mobley and therefore sent his men over to change the signs back. Attorney Conlon stated that it is his understanding the City has jurisdiction over the placement of all signs within the City. Director Fortner stated that he looks upon this situation the same as the City's agreement with the D.O.T. where they must be contacted and grant their approval before any signs on a D.O.T. through street are changed. Councilman Watford asked if Director Fortner or Chief Mobley could check the area to see if these signs need to be changed and report back to the Council. Citizen Rubin stated the City should go on record as stating that the City has jurisdiction over all signs within the City. Councilman Burk stated that if the County has a need, they could correspond with the City either by phone or visitation and the City would consider taking action. BUDGET WORKSHOP Council set the final budget workshop with department heads for Thursday, August 27th, at 7:00 P.M. in City Council Chambers. ADJOURNMENT There being no further matters of business, Councilman Burk moved to adjourn the meeting. Seconded by Councilman Chapman. Motion carried. Meeting adjourned at 9:50 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee dward W. Douglas Chairman /Mayor City of Okeechobee Chairman Doulgas asked if there were any citizens in the audiance who had anything to bring up. Mr. Rubin: Mr. Chairman may I approach the podium? Mr. Chairman: Yes sir. Rubin: First of all let me congratulate, and I want to speak loud so everyone can hear and it can get in that tape. Mr. Chairman: Would you state your name for the record please? Rubin: Andrew Rubin S.W. 5th Ave. " First of all I want to congratulate the Council tonight for giving the contract to an outstanding citizen, the Broome family, and outstanding family- and to keep it locally. And we should all pray more for their son." "Now I want to read these names carefully. I wanted to get on the agenda for something elsethat isn't as important as this now which came up quite n few weeks ago and it happened Friday and Saturday again.. I'll give you the name first that I have been visiting today. Listed names. (See attached) Now as you know this all happened Friday and Saturday and its,,w, been going on for 6 weeks. This happened real bad Saturday. We had teenagers that's driving around and tearing mailboxes down. The Police Department has got numerous calls. Every person I've read here 80% of them has had it done more than once. I forgot, I'm sorry, Mr. & Mrs. Andrew Rubin also. Three times it has happeded to me. And four times to Dr. Koff. (City Attorney David Conlon inserted here "Add my name ") (Councilman Burk inserted here "add mine too. ") Rubin: "We shall do it." "Now this hasn't been going on just for the past week. Its been going on for weeks. Now an elderly couple, Annie Raulerson at 1400 S.W. 5th Ave, excuse me, I have to use my bifocals they threw mangos, oranges, and empty beer cans half empty full bottles and broke a window. Now, they're on a fixed income, I offered to pay for it today which, I will do it tomorrow. Now, this is terrible. Our Police Chief and Council should get together with Sheriff Collier and lets see what we can do . This is happening between the hours of 9:00 p.m. and 12:30 p.m. Apparently they have a curfew. I caught them Saturday night. I have two cars but I had to get into the small one instead of the large one and I lost them. They are operating in a light blue Chevy truck, with a white stripe, Chevrolet. A brown station wagon, and an older model blue, I don't know whether it's a Ford or what. But they could operate in other cars." This is what I picked up in my rounds today. And I know I chased a blue pickup truck. And, there is girls involved. It isn't just boys. The truck I chased was two boys and two girls. And they swore when I got out in my yard, not swearing, I hope the tape doesn't tape this, "Holy Shit," cause T was coming after them. And they were putting "For Sale" signs, they take the "For Sale" signs off of these houses of Fooses Realty, Hunt and Century which I have in front of my house now. In fact they are up against the barracades. I took them and leaned them up against L.C.'s baracade. I hadn't contacted them about them yet to come and get their signs. I haven't had time yet. They take these For Sale signs and put them on peoples property thats not for sale. Besides the mailboxes. Now, this has to be stopped. This isn't a laughing joke. I discussed this with a woman today and she said its cost her $40.00 for four times to have to put item mailbox back up. They're hitting them with ballbats, clubs, tire rods. I'm asking today, the names that you've just got, there are _six gentle- men here and myself I'm asking the Council today to give us the authority today to operate an adult night watch Fridays and Saturday nights from 9:00 til 12:30 P.M. We are willing to use our cars, CB radios, competent people with out guns but with Ballbats. I am asking thisCouncil ;.o give us an adult night watch. Fridays and Saturdays from 9 til 12:30 P.M. Chapman: "You didn't by any chance get a tag number did you"? Rubin: "I couldn`t get that close their cars are souped up". These kids, the parents know who's out driving trucks and cars on Fridays and Saturday nights. They know. And one of the cars was parked in the "Penny Arcade" that just opened in the Markham building it was after midnight. But T bud to go and I didn't wunc^to enter nobodys bus- iness to eurvey�who the car might belong to. Thats not my business. That' the police 'business. But believe mo,i[ I catch them on my property ie's going to be my business with a ballbut. Chapman: Did you notify the Police Department? Rubin: The Police Department and I met them on 5th Avenue . Two squad cars. I've got no complaint about them but they did not catch anyone but, they did receive , if he is here tonight, they did receive numerous calla. I stopped downstairs and I talked to the good lady dispatcher and she said she had received numerous calls, she auid"yes*they have received numerous calls over the last two weeks. Now, we're asking to do this in order tho help the police. Free citizens taxpayers to do this driving night watchings. That's all we're asking. And I think we can help them,we all have CB's and I think we can help out alot. Chapman: That doesn't bother me, the CB's and stuff, driving and watching and notifying somebody but the bullbato is what bothers me. Rubin: We'll be in the roads we won't be doing that. The ballbats I mentioned to you is for my own personal property. Now they came up to my front door and shoved a sign down in my front yard. Now what would you do? Chapman: "I don't think I'd use a bullbat," Rubin: What woud you use then? Chapman: 8uh?i'l}wait til the time comes. Burk: I'd use my telephone and call the Law. Rubin: Ynu'Il'woLt til the time comes," you'll use anything to protect your property my freind. My whole life is in my property. I don't know about you, but my whole life is in my property and I have some elderly people that I'm keeping in my house and sons. Burk: You don't have anymore right knocking their heads in with baseball bats than they do knocking your mailbox down Mr. Rubin, now you know better than that. Rubin: I didn't say mailbox. I they said stuck signs right in front of my front door. 30 feet in. 30 feet in. Mr. Burk and all I'm asking you is give us time. Chapman to Police Chief: Will you tell him what he'd be liable for if he did this. Chief Mobley: Sticking a sign up in somebodys front yard is trepassing,It's a misdemeanor. If he hits them or beats them they're gonna arrest him for agrevated ueoualc, attempted murder or whatever. It depends on how severe the wounds are. But just sticking the signs in his yard is a miodemeuooc. You can't use force in a misdeameanor. Burk: Even if the law permitted the Council to make such a decision as to put their stamp of approval which I think the attorney will tell us we don't have the authority, but anyway if he were to say yes you have that authority I would have second thoughts when a man just told me he was gonna take a baseball bat, and might bash somem,es head in, I'm not about to tell anybody to "have-at-it". I just couldn't do that. Rubin: Again l will ask you Mr. Dvck`you'vc misunderstood again. The hallbat will only be used on properties. The nightwatch is different situation. Its only a driving nightwatch to drive them off scare them and help the police catch them. You better believe that 1111 take one of my rur'and elide sideways to try and stop that car in order to help our city police catch them. Burk: You don't have the right to play "Junior G-Man" though Mr. Rubin. You just don't have that right. I'm not even an attorney and I know better than that. I don't have that right. Rubin: (interrupting) You have "Nightwatchers" set up in every city - not every city but in seventeen cities in the Untied States now. Burk: What kind of insurance would you use, if a youngster were to come crushing into your car, and you did that on a street that he has a right t2 go down whe'ather he has done something else wrong or not, and he comes croehirg down a road and hiis your car parked sideways in thcre. I don't think your insurance carrier is going to be very well pleased with that. Rubin: Mr. Duck, in 17 cities in the United States you have an adult night- watch. Including the biggest ones: Atlanta, New York City, Philadelphia, St. Louis, l don't know whether you are much upon the media but your attorney can tell you this. You have nightwutchcs in seventeen large cities. Larger than Okeechobee. But they have a little more powerful things. They have murders and muggings and purse snatching which we don't have here, I hope we don't. Burk: If they want to take the risk of putting their stamp of approval on someone who wants to slide sideways and let somebody else Crash into them they ° can have at it, but I'm not gonna do it. I've got better aeuce than that.Now, I go along with you and I've had my mailbox knocked down too. That's why it's concrete now. Rubin: What if they knock that down? Chapman: (to Chief Mobley) You have the Police watching for this? Sherif knows about it? Mobley: We try to. They stopped right in front of my house and just got out of their car and just snatched my mailbox right out of the ground. Knight: To Mobley, Have you all ever caught anybody doing this. I mean its been going on for a long time. Rubin: Thit's just what I was going to ask. Have you cmght no one? If I "hog tic" a guy will you come pick him up? Mobley: No sir. Not if you "Hog tie" him. Burk: He might not want to he hog tied! Rubin: Because I've got four names here now. Well without the Councils approval, l and my good friend, citizens of Okeechobee are going to ride anyhow. Thank you. You'd better believe it. Knight: I'll tell you what, fooling with a mailbox, it's federal property and I believe it would carry a large fine, and as much of it as is going on, and the problem, 1 would recommend than we put something in the paper about it explaining how serious this thing is. A federal deal and those that are doing this thing can see just let them know it) how bad it could be. Chapman: Get a tag number too if you can. Knight: I feel we should publicize what's going on. Rubin: I think you should go on record. I gave you thirty-two names and I'm going to bring in more. It's uytw you. You're an elected body. Burk: Now, Mr. Mayor in the off chance that somebody thinks that the Council doesn't intend to do anything about this the was adressing was this Vigilantee Committee. But adressing the problem now I'm perfectly willing to address the problcm. I would like to recommend to the Council, and I know that perhaps he was done this already before, I would recommend Council approve the Chief having the regular Police pxrcol and go as many tines in that neighborhood or any effecte, neighborhood, as often as necessary to try to apprehend these people in the act an' maybe it will also be a deterrent to something like this hupPeninA. Whatever it takes to remedy the situation I would like to see that done. But it must be legal and lawful. Rubin to Mr. Chairman: I regret that you used the word "Vigilauteea", Mr. Burk, cause we're not. We are tax payers, we are city residents, we are not Vigilantees we are only asking for our help the same as I've asked here for three weeks and anything here you've got I'll serve. I don't want one dime from the city. I'd donate it hack to the city or the senior citizens. I don't want nothio&. I'm volunteering my help and you are sitting there, our elected officials and calling us vlligontccs. Thirty-three of us. I'm going to bring more names forward Mr. Burk. I'm going to regret going back to these people and telling them what Mr. Burk has said we are. Burk: Thats per[ectly alright with me' If you think you are intemidating me well think again, you are not. Rubin: I'm not intemidating you Mr. Burk. You made statements I didn't. I'm only answering you. • Chairman Douglas called for order and getting on with the business. He further stated Councilman Burk has recononened that we give the Police Chief the authority to use the patrol that he needs to take care of this situation. Mr. Knight has suggested that we do some publicity work in the paper alno. Are there any other suggestions? Chapman: l agree with both suggestions. But do we have any unmarked cars? Chief Mobley: We do have an auxiliary and they do have cars. And this is getting to be a problem, with Mr. Burks recommendation we can bring these auxiliary men in there own cars and they have been trained for driving on this sort of thing and they have their walkie tulkieu. If they spot one they don't have to chase nobody. They just call, and by putting their personal car out we may have to reimburse them for a little gas or they may do it for free I don't know. We have tenof those and maybe we can put them out on Friday and Saturday nights. That will give us another ten cars out there looking. 8n'k: Also Chi,[, I'd like for you to assure these people that you are taking steps to remedy this situation because we do want it stopped. Mobley: As for as Mr. Knight's suggestion we can put it in the paper and on the radio on the cnmmvnty affairs program and notify the public of the seriousness of knocking down the mailboxes, because it is a federal crime. Chairman concludes this discussion by asking council if there was anymore diucusaim AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING AUGUST 11, 1981 7:00 P.M. I. Invocation II. Approval of the minutes of the regular meeting of July the 28th, 1981. III. Public hearing and final reading of an Ordinance rezoning property on the corner of northeast 3rd avenue and 3rd street, Lot 6, Block 143, City of Okeechobee, from residential single family (RSF) to commercial (C) for construction of professional offices. Requested by Mr. Wallace Norton. (Planning and Zoning Board recommends approval) IV. Public hearing and final reading of an Ordinance rezoning from residential general (RG -2) to commercial (C), lots 1,2,3 and 4 Block 142, City of Okeechobee, said property located on northeast 3rd street and 3rd avenue occupied by Dr. James Tenniswood. (Planning and Zoning Board recommends approval) V. Discussion by the Council in regard to naming replacements on the City of Okeechobee Competency Board and the City of Okeechobee Code Enforcement Board. VI. Receipt of recommendation from the Planning and Zoning Board regarding the developing of an Ordinance requiring the fencing of borrow pits with a four foot hog wire fence. VII. Receipt of recommendations from the Planning and Zoning Board for the rezoning of property owned by L.M. Taylor lying north of State Road 70 and just east of the Country Kitchen from residential single family (RSF) to commercial (C) for the purpose of warehouse construction and the setting of a public hearing for September 27th, 1981. VIII. Action by Council to approve contract with Broome, Van Ostran as provided for under the Consultants Competitive Negotiation Act. IX. Action by Council to declare miscellaneous carpet surplus and authorize its disposal. X. Mayor to call on anyone in audience wishing to address the Council. XI. Mayor to call on City Attorney, City Clerk, Administrative Assistant and Councilmen regarding requests and /or reports. XII. Adjournment.