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1981-08-25 Regular Meeting 29O7 521.64-EQUIPMENT Typewriters, Radar Units, dictaphone. Citizen Andrew Rubin was given an opportunity by the Chairman to express his views to the Council concerning the importance of the Police and Fire Departments to this Community. Stating they were in fact the "backbone" of the Community. Detective O'Neil of the Police Department expressed his views in regards to the need for a records clerk in the department stating that a dispatcher with a headset on couldn't be both a records clerk, type reports and dispatch at the same time effectively. Councilman Chapman discussed the Crossing Guard situation concluding that it seems the responsibility will not be shared by the School Board nor County, but would fall completly upon the shoulders of the City. Assistant Fellows reminded the Council to authorize the Clerk to notify the Property Appraiser of its proposed millage for the 1981-82 Budget. Therefore, the Council instructed the Clerk to notify the Property Appraiser of the proposed millage. Assistant Fellows also presented a proposed Sanitation Division Budget to the Council for its consideration. There being no further business the workshop was adjourned at 9:55 P.M. Edward W. Douglas Chariman/Mayor City of Okeechobee ATTEST: City Clerk City of Okeechobee TUESDAY, AUGUST 25th, 1981 REGULAR MEETING The City Council of the City of Okeechobee, Florida, convened in a regular session in the City Council Chambers at City Hall, Okeechobee on Tuesday, August 25, 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 Chief Keith Tomey, Police Chief Larry Mobley. Chairman Douglas called the meeting to order. Councilman Knight offered the invocation. 81-2 APPROVAL OF MINUTES Councilman Watford moved to approve the minutes of the July 28th and August llth '-'- regular meetings and the August 13th Budget Workshop as written. Seconded by Councilman ~ Knight. Motion carried. A.L. WHALEN 81-10] VFW POST 10539 Mr. A.L. Whalen, Commander appeared before the Council representing VF~ Post 10539 requesting the City's participation in the cost of electricity for providing a twenty four illuminated American Flag in Flagler Park over the memorials. There will be an electronic eye on the light which will burn from dark until daylight. 2908 Chairman Douglas called for a decision of the Council in this matter. Councilman Burk moved that this request be approved. Seconded by Councilman Chapman. Councilman Watford questioned Mr. Whalen as to what type of light will be used. Mr. Whalen informed the Council that there will be one spotlight shinning on the flag, a power 38 bulb. Chairman Douglas called for a vote by the Council. Motion carried. Mr. Whalen asked that the Council advise the Post in writing of the approval. CHANGE IN OWNERSHIP OF L.P. SANITATION, INC. Mr. Ray Hoekstra, Mr. Ray Hoekstra, Jr. and Mr. Jay Huffman appeared before the Council to request the approval of the Hoekstra's to purchase the stock in L.P. Sanitation and transfer the franchise accordingly. Councilman Chapman questioned if provisions will be made to improve the trash pickup. Mr. Huffman stated that since the Council changed to not allowing the trash and garbage to be combined, L.P. Sanitation is securing another vehicle to use one of the packers for nothing but trash. Attorney Conlon questioned Mr. Huffman about a clause in the franchise that the City and Huffman had previously discussed being deleted. That clause deals with the application of the Municipal Public Works Chapter 180 to the franchise. This Chapter deals with the situation that if the franchise is not renewed, the right of the City to buy all of the equipment through an arbritrary proceeding or the right of Huffman to insist on the City buying the equipment. Conlon stated he felt it would be to the best interest of all involved that this clause be deleted. Councilman Watford questioned other items that had been previously discussed. Attorney Conlon stated that under the terms of the franchise, the City has to give their approval to the transfer. This does not give the right to totally negotiate a new franchise. Areas that are not agreed on can be clarified. Mr. Fellows stated that the three main items were: 1) Penalty clause in regard to missed pick ups, 2) a performance bond and 3) dealt with the term of the franchise. Councilman Chapman stated that he felt it would be best to approve the change and allow the new owners to operate the business for the remaining nine months of the franchise and then discuss changes at that time. Attorney Conlon suggested that he rewrite the franchise, take out the 180 Clause and insert a performance clause and the Council act upon this on the condition that the Attorney make this change. Councilman Burk stated, "When the City was negotiating with Mr. Huffman and L.P. Sanitations, on the mandatory trash and garbage pickup the proposed rates that the Council wanted to apply was $4.00. The ultimate amount that was agreed upon was more than that. The reason for that was to go ahead and get this in place with the assurance of Mr. Huffman and L.P. Sanitation that there would be better service than previously provided." Burk further stated that the Council should renegotiate the $1,000 per month trash pickup. It was tentatively agreed that nothing positive would be done at that time, but did agree to go higher on the rates assuming that this would take care of the $1,000 fee. Whatever the public is paying for the trash and garbage pickup should take care of the pickup and the City should not have to pay the $1,000 per month over and above. I I I Il" 'fl 2909 Attorney Conlon advised that the current franchise has a performance bond of $2,000 and also provides the franchise holder will provide a dumping area for disposal of garbage which will be made available to the City for all garbage the City desires to transport. Conlon questioned Director Fortner as to whether or not this is in effect. Director Fortner advised the provision is not being made available to the City. Councilman Watford questioned Mr. Hoekstra as to whether he is familiar with some of the problems the City has had with L.P. Sanitation. Mr. Hoekstra stated that he does understand these problems. Chairman Douglas called for a decision of the Council and asked if it was agreeable with the members that the one clause be removed and everything else remain the same for the nine month period or go with the workshop and discuss other items. Councilman Chapman moved to change the one clause and leave the remainder of the franchise as is until the nine months is up and then renegotiate at that time. Seconded by Councilman Watford. Councilman Watford asked Mr. Hoekstra if he objected to the City calling him back to discuss and make changes. Mr. Hoekstra stated that they see a few problems and they feel they can work with the City. There being no further discussion on the matter, Chairman Douglas called for a vote. Motion carried. Attorney Conlon asked Mr. Huffman if he agreed to the change if made into his name. Conlon stated that he is not sure how the change will be made, with Huffman and then give the assignment to the Hoekstras or if everyone would sign the agreement that has the new clause. Mr. Huffman stated that he agrees, the Hoekstras agreed and Mr. Huffman stated that the Hoekstras will be the ones bound by the agreement. 81-97 MORROW, INC. JERRY DAVIS SEWER LINES AND LIFT STATIONS TO BE CONSTRUCTED AT PROJECT SITE Mr. Jerry Davis, Vice President of Morrow, Inc. appeared before the Council and introduced the following people: Mr. Ray Hatton, Mr. Dwight Wyatt, Mr. Kenneth Sweeney and Mr. Donald Jones. Mr. Davis stated that he would like to give a little of the history as to why he is appearing before the Council. Prior to the time of construction on the 26 unit apartment building on 9th Street, Morrow, Inc. came to the City Council for permission to tap onto the City sewer lines and at that time were given this permission and were given the amount of gallons and rate per gallon. Morrow, Inc. went ahead with plans to engineer the utility lines as they were to be placed from their property to the existing facility that the City had. During that interim period, Morrow, Inc. began working on a joint venture with the Hattons, who owned property to the north of Morrow, to engineer the lines where both the Morrow project and the future development of the Hattons would be able to work together and make the sewer available to both projects. During that period of time, it was the understanding of Morrow, Inc., that the City Council became involved and would expand the area up in that part of town and design the facilities in such a way that additional developers, owners and others than the Morrow and Hattons would have access to the sewer. At that point, engineering was started in that direction. A week to ten days ago, the City found out that they would not be able to participate in this venture because of some problems that the City has 2910 had in the past and evidentally the funds which the City was going to use in order to pay their share were not legally available. Therefore, the burden was back on the Morrows and the Hattons. --~ Mr. Davis stated that it is his understanding from a letter he received from Mr. Fortner, that on August llth, the City Council made a decision to allow M~rrow to go ahead with the work that needed to be done, that it had to be installed in the same manner as though the City of Okeechobee was going to go ahead and participate. Mr. Davis stated his concern that the meeting was held and that type of decision was made without a representative present from Morrow or Hatton or the engineering firm that has been doing the work. Mr. Davis stated that he is appearing before the Council to ask that Morrow be given the right to install water and sewer lines, primarily sewer, in the way in which the Morrow, Inc. and the future development of the Hattons would be arranged and not do it in the way in which the City Council is asking because they feel at this point that this is an undue burden upon Morrow and that they are sharing their expenses to do this work. Mr. Davis asked they be allowed to submit their engineering plans to the City Council and have them approved the way in which Morrow had on±ginally intented to go prior to the involvement of the City Council. Chairman Douglas stated that in reply to Mr. Davis, the City is presently into 201 Sewer planning and it would be foolish for the City to allow a developer to go out and put a lift --. station in that would just supply his needs when there is an overall plan. Then the City would come in later and have to redesign everything. This is the problem the City is confronted with. The Council would then be facing the problem anywhere there is a new development. Councilman Watford asked Mr. Davis about the City reserving a certain amount of capacity and giving Morrow permission to tie onto City sewer lines, and at that time, the City did not have any engineering plans of the Morrow system. Mr. Davis explained that the reason the City doesn't have the plans, is that Morrow is on their third go around of trying to design this sewer. Before Morrow got their designing completed the City Council decided that they wanted to become involved, therefore, Morrow retained the services of Mr. Wyatt to design the facility in such a way that would open up all of the area to the east and to the west and to the north. That is one reason Morrow still doesn't have any engineer ing plans. Councilman Watford asked Mr. Davis if he just assumed that before the City expressed a desire to be in on it, he would design it to handle his facility or his development. Mr. Davis stated that was the understanding from the very inception of the project, that Morrow was going to be putting a lift station in at their project and a force main the rest of the way to where it ties into the existing sewage facility for the City. --~ Councilman Burk asked Mr. Davis if he was ever given by the City, the City's engineer, or Fublic Works Director any plans specifying what the City would require Morrow to do as far as the capacity of the lift station. 2911 Mr. Davis stated that he would have to refer this question to his engineer, but his under- standing that the size of the lift station and the pumps that went into the lift station would be of a size to facilitate all of that area. Councilman Burk questioned Mr. Davis about his understanding of the City's "participation" in the project whether Morrow understood that the City wanted to participate with only this one project or that this had to tie in with the City's ultimate comprehensive plan and the 201 Sewer Plan. Mr. Davis informed the Council that he had not heard anything about the 201 until this meeting. Mr. Davis stated that everything to this point has been verbal between Morrow and working primarily through Mr. Fortner and also Mr. Wyatt, engineer involved in engineering the sewer to facilitate the Morrow development and the Hatton development. While he was working on that, that's when the City suggested that the City would "participate". Mr. Wyatt was asked by the City to redesign it in such a way to pick up all the existing area. Attorney Conlon explained that a developer must submit their engineering to the City and have it approved by the City. Conlon stated that there is no agreement that the City was going to pay part of the cost, there is a lot of misunderstanding as nothing has been put into wr it ing. At this point, Mr. Davis asked exactly what the intention of the Council is and what is their interpretation of the word "participation". Mr. Conlon stated that he thought Mr. Davis meant participation as money wise. Mr. Davis stated that was correct. Councilman Burk informed Mr. Davis that when he refers to the City participation, he should keep in mind the 201 Project as this is something the City has been working on for over two years. When the City does participate in your pumping station, your lines are going to have to hook into that. At that time, the City will participate where it hooks onto your lines and where it goes from there. Your line will be a lateral line off of the City's main trunk line. That's where the City is going to participate in the Morrow project. Mr. Davis asked if the 201 Project has been completely approved. Councilman Burk stated that it has not been completely approved but the City must make preparation for it because if the grants don't come through on the 201, the City must still go through with it. It will affect this lift station the Morrow Corporation is having to build. Councilman Watford questioned Mr. Davis about the name Hatton stating that the City has no agreement with Mr. Hatton or the Hatton Corporation to provide them with any sewer at this time. Mr. Davis stated that to his knowledge Hatton has no construction going on at this time. It would be Davis' assumption that there is no agreement between the City and Hatton. Director Fortner appeared before the Council to state his understanding of the situation. At the May 26th meeting of the City Council, the City granted Morrow, Inc. permission to connect to the sewer system approximately 7,000 gallons a day for 6 months for a charge of 80 2912 cents per gallon, one time charge. Mr. Fortner discussed with the Council at that time to consider the balance of the area from the railroad north to the City Limits and from 441 over to 7th Avenue to cover future developments. The City discussed the requirements. It was suggested that --~ because of past experience of lift stations, the City participate in the construction and compile additional cost over and above the need of Morrow, Inc. project for Council review. This is the information Mr. Fortner submitted back to the Council at a later date was the additional cost involved in the station. This information was for Morrow, Inc. Immediately after that, the contractor for Morrow came in and started talking about installation for sewer systems with Mr. Fortner for that project. At this time, Mr. Fortner still did not have any plans Mr. Fortner at that time told the contractor that the City was talking about serving the entire area and the station will have to be deeper and stated that he needed some figures and plans to ge~ it down on paper so the City will know what they are serving. This is when Mr. Wyatt entered the picture because of the Morrow development. Then Mr. Hatton got into the picture, they wanted to develop theirs, to relocate the sewer lift station to another point. Mr. Fortner informed Morrow and Hatton that the City was still looking at the area and had to know what depth the sewer line would have to be and the lift station to serve the area. Morrow came in with some figures just before the August 11th Council meeting, a depth of almost six feet deeper and a cost of almost $19,000. This information was presented to the Council the same night the final agreement with ORS was discussed and Mr. Conlon told the Council that the City cannot participate without expanding this into a minority neighborhood to comply with ORS ~ regulations. Director Fortner stated that it was his understanding that was why the Council decided they could not participate in this lift station of this development. From there, the Council instructed Mr. Fortner to get plans from Morrow, Inc. that must still serve the entire area. It was suggested that the City participate and it was decided by the Council at a later date that they could not participate because of certain requirements. Attorney Conlon asked Director Fortner if he had said anything that made a deal or meeting of the minds that obligated the City. Director Fortner stated that since the May 26th meeting the Council suggested that they would like to look at it as they may want to get involved, Mr. Fotrtner approached the Morrow, Inc. stating that the City would have to have some figures. Mr. Wyatt stated that Mr. Markham, a contractor on the job putting in utility lines, had been in contact with Mr. Fortner on a daily basis. The initial design basis, in which the Morrow, property and the Hatton property could be serviced by the sewer to a potential four times that large with Hatton on the North. Participation came to Mr. Wyatt's knowledge at the time he was advised through the contractor from a conversation with Mr. Fortner that there must be two designs to submit to the City, one as if Morrow was going to propose it themselves and one to service the entire area. Mr. Wyatt stated that he went to the extent as to get contractors to ~ bid the two systems so he would know what the additional cost would be. Mr. wyatt stated that he felt this goes a little beyond just a casual conversation as he had come up with two different 2913 designs in order to satisfy the requirements of the City. Attorney Conlon stated that there had been a lot of misunderstandings and there should have been something in writing before any expenditures or plans were made. Mr. Davis asked the Council if the 201 is formulated far enough that Mr. Wyatt could take and engineer the system that is needed out there to fit into the 201 program. Attorney Conlon stated that the City is concerned with the depth the lines are put in now. Mr. Davis asked if the Council was prepared to tell him what those depths were to fit into the 201 project. Mr. Fortner stated that this would only connect to the 201 by force main as this is an isolated area. Mr. Davis stated that Morrow, Inc. is in a position where they have got to do something. Davis further stated that he would go with his original request to be able to put the sewer in, egineered in such a way that it will facilitate the Morrow and the future Hatton developments. Attorney Conlon noted that the original request did not mention Hatton. When Morror, Inc. came before the Council, the request was for 7500 gallons sewer capacity for Morrow only. Mr. Davis stated that his request at this time is to be able to submit plans for approval for the Morrow and future Hatton developments because they need to get underway. Councilman Burk asked Director Fortner how long it would take him and the City engineers to get Mr. Davis an answer on what the City's requirements are on this particular lift station. Mr. Fortner stated that the elevation could be established in a short period of time. The drawing of the plans would take a few days. Mr. Davis stated that originally, the lift station was to go down on the Morrow end of the property and go with force main all the way to the existing City sewer plant. Council discussed with Mr. Davis the location of the lift station, tt was determined the station would be installed in an alley between N.Wo 11th and 12th Streets and 5th Avenue. Mr. Davis stated that even though the project is financed by the Farmers Home Administration, the Farmers Home Administration is not paying any for the sewer or water off site. Attorney Conlon stated that before the Council considers this new request, he would like to ask Mr. Fortner if he could give any type of opinion if they stayed with the original requested location would the cost be as high to them. Director Fortner stated that if the location of the station had stayed at 10th gtreet and 5th Avenue, it would have had to have been deeper than if it is moved to the north. By moving the station to the north, it is more centrally located and it has to be deeper in order to take on the Hatton project. Councilmen stated their regrets to Mr. Davis and the Morrow, Inc. for the misunderstandings between their firm and the City Council but reiterated the fact that the project must meet the City's specifications. Chairman Douglas called for a decision of the Council on the matter. Council members agreed that their motion formally made during the August 11th meeting which Councilman Burk 2914 motioned 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, motion --~ was seconded by Councilman Chapman and carried, would stand. Mr. Davis requested if between this time and the completion of the project, there are any topics that come before the City Council involving Morrow, Inc., someone from Morrow be invited to attend the meetings. ANDRE~ RUBIN 81-103 VANDALISM OF MAIL BOXES AND CHARGING FOR CITY BUDGET COPIES Mr. Andrew Rubin appeared before the Council to report that he has met with Chief Mobley regarding the problem with vandalism of mail boxes in the City and the County and he feels progress is being made in getting the matter resolved. Mr. Rubin stated that three weeks ago he asked for a copy of the City's proposed budget. At the time he requested a copy of the budget, copies were passed out to the media free of charge. When Mr. Rubin reported to the City Hall the next morning to get a copy of teh budget, he was told that he would have to pay for his copy of the budget, which he did, $15.25. Mr. Rubin stated that he felt this was wrong and something should be done about the situation. To clarify the point, Chairman Douglas asked Clerk Thomas about the charging of copies. Clerk Thomas stated that everyone that comes into the Clerk's office and asks for a copy of any record in the City is charged 25 cents per sheet. Attorney Conlon stated that if the news media came into --~ the office and requested a copy, they would be charged this fee; however, at a meeting, this is considered a press release and is released to the media by the Council free of charge. Councilman Burk quoted Florida Statute 119.07 to Mr. Rubin: "The custodian shall furnish copies or certified copies of the record upon payment of fee as prescribed by the law or if fees are not prescribed by law, upon payment of the actual cost of duplication of the copies". After further discussion with Councilmen, Mr. Rubin stated that he will discontinue this discussion. Mr. Rubin further expressed his concern that there was not a representative of the City present at the County budget workshop. Mr. Rubin informed the Council he had talked with County Commissioners and was told the County has not provided in thier budget to pave any City streets. Mr~ Rubin requested that he be put on the agenda for the August 27th workshop meeting for ten minutes at the beginning of the meeting and ten minutes at the end of the meeting. Chairman Douglas granted Mr. Rubin ten minutes at the beginning of the meeting but stated that the Council could not guarantee anything after that. Mr. Rubin requested that the minutes state "You haven't seen all of me Mr. Chapman and Burk,'. Chairman Douglas informed Mr. Rubin that he does have a right to be in the Council meetings, --~ but we do not need personal gripes and comments to the Council. 2915 81-8 PUBLIC HEARING FINAL READING OF ORDINANCE ON CHANGE IN HEARING PROCEDURES FOR ISSUANCE OF TEMPORARY USE PERMITS Chairman Douglas read the ordinance in its entirity: AN ORDINANCE AMENDING ORDINANCE #402 THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF OKEECHOBEE: AMENDING SECTION 9.2 TO PROVIDE THE PLANNING BOARD MAY ISSUE TEMPORARY USE PERMITS FOR UP TO 180 DAYS; AMENDING SECTION 9.5 TO ELIMINATE THE WORDS CITY COUNCIL AND INSERT THE WORDS PLANNING BOARD; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: Sections 9.2 and 9.5 of Ordinance #402, The Comprehensive Zoning Ordinance for the City of Okeechobee, Florida be and they hereby are amended to read as follows: Section 9. TEMPORARY USE PERMITS 2. Procedures in securing temporary use permit under subsection, above. Temporary use applications for uses set out in sub-section one, above, shall be submitted to the Planning Board which may grant or deny a temporary use permit or may grant a temporary use permit subject to suitable conditions, safeguards and stipulations. A Public Hearing with due notice, is required before the Planning Board. Prior to granting a temporary use permit, the Planning Board shall insure that: a) Any nuisance or ~azardous feature involved is suitably seperated from adjacent uses; b) Excessive vehicular traffic will not be generated on minor residential street; and ' c) A vehicular parking problem will not be created. The'temporary use permit, if granted, shall be granted for a specific time period (no longer than 180 days), at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of this zoning ordinance and shall be punished as herein set out. 5. Application for Temporary Use Permit. All applications for temporary use permit, whether issuable by the Zoning Administrator or requiring approval by the Planning Board, shall contain plans indicating the precise area where the temporary use is to be conducted, the nature of the activities that will. occur, and the period of time for which the temporary use permit is requested. SECTION II: This Ordinance shall take effect upon its adoption, Introduced and passed on this final reading this 25th day of August , 1981 Chairman Douglas called for any objections from the audience on this ordinance. There being no discussions from the audience, Chairman Douglas opened the floor for discussion from the Council. Councilman Knight moved that the ordinance be approved as written. Seconded by Councilman Chapman. Motion carried. 81-88 REPORT FROM ATTORNEY DAVID CONLON AND FIRE CHIEF KEITH TOMEY REGARDING OFFER OF RYDER TRUCK LINES TO PAY 75% OF COST OF REPLACEMENT OF' FIRE EQUIPMENT DAMAGED WHILE DEALING WITH SULFURIC ACID LEAK Chairman Doulgas called for Attorney Conlon to give a report on the results of negotiations with the Ryder Truck Lines. Attorney Conlon stated that the City has been given a written offer of payment equal to 75% of the value of the items damaged. This offer has been given to Chief Tomey. The carried made a 75% offer because they indicated the City is still using some of the items or some still have some useful life. 2916 Chief Tomey stated that on most of the gear, the only expense he has incurred, which is more than he had aniticpated, was for a regulator. The bunker gear has been in use for approximately four to five months and can be used for another six months before complete deteriotation, this is where the carrier came up with the 75%. After further discussion between Council members and Chief Tomey, Councilman Watford moved to accept the 75% from Ryder Truck Lines to replace the bunker gear. Seconded by Councilman Knight, motion carried. 81-104 REPORT ON THE COUNTY IN REGARDS TO COUNTY ?OLICY INDICATING COUNTY FIRE DEPARTMENT PLANS TO ANSWER STRUCTURE FIRES WITHIN THE CITY Chairman Douglas informed the Council that the City had been informed the County had established a policy of responding to all structure fires within the City and understood at this' point that this had been a policy since the inception of their fire department. Chairman Douglas appointed Councilman Burk to serve on a committee with Attorney Conlon to meet with County Commissioners and the County Attorney and Mr. Fellows. Chairman Douglas called for Councilman Burk to give a report on a meeting held on August 24th, to discuss the matter. Councilman Burk stated that there were no agreements made in the meeting, but did attempt to define the term "stand-by". Burk stated that the County was referring to the fact that 'they would be standing by on any structural fire that the City would have to go to. Burk further state~ that the County does not intend to go to every City structural fire. Their intent is to be on stand-by, as we are, if they are needed. Attorney Conlon stated that he didn't see any problems at the meeting and the County didn't assert any right to control fires within the City. They were only concerned about getting a call, and do they back the City up by being at the scene or being on call. There is a need for written procedures so each department will know where the other will be. Chief Tomey stated that the County Fire Chief informed him by phone that he was told by the Chairman of the County Commissioners that the County was to answer all structure fires in the City, whether called or not. Councilman Watford stated that in his conversations with Mr. Lashley, he understood that the County was going to roll the trucks on all structure fires within the City. Attorney Conlon stated that he felt Mr. Lashley meant by this statement that the County Department would get close to the scene and stand by if needed. Councilman Watford asked Attorney Conlon if it was clear that the City Fire Department has jurisdiction inside the City Limits. Attorney Conlon stated that the City has total jurisdic%ion. The County will be there only if needed. This agreement will be in writing. Chairman Douglas stated that the City Council would wait for further communications from the County Commissioners before setting up a workshop on this matter. COMMUNICATIONS FROM DEPARTMENT HEADS A) BONNIE S. THOMAS 1) MONTHLY FINANCIAL STATEMENTS Clerk Thomas informed the Council members that the monthly financial statement for Wager and Sewer is ready and the monthly financial statement for the General Fund will be ready on August 27th. B. CITY ATTORNEY 81-105 ~) PROPOSED RESOLUTION FOR CONSIDERATION OF COUNCIL CONCERNING BUDGET MAKING PROCESS OF THE COUNTY OF OKEECHOBEE Attorney Conlon informed Council members he has a proposed resolution for the consideration of the Council concerning the budget making process of the County of Okeechobee and the fact that the County is to break down their expenditures and revenues for City expenditures which presently they are not doing in their budget. Attorney Conlon read the Resolution: WHEREAS, a County budget system for the control of finances of the Board of County Commissioners of the several counties of the State of Florida has been set up and approved by the legislature and WHEREAS, Chapter 129.01 of Florida Statutes, established such budget system and lays out the requirement of preparation of the county budget, and WHEREAS, Chapter 129.01 (2) (b) provides the receipts and appropriations division of the County budget shall reflect the approximate division of locally raised receipts and all expenditures between the incorporated and unicorporated areas of the County, and WHEREAS, the present County budget as prepared apparently does not provide breakout of revenue and expenditures as provided by said Chapter. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Okeechobee, Florida as follows: 1) The Board of County Commissioners and the Clerk of the Circuit Court and Comptroller of the Board of County Commissioners be in and are hereby respectfully requested to prepare the 1981-82 County budget in accordance with the provisions of Chapter 129.01 (2)(b) so that residents of the City and County may adequately understand where County revenues are derived and in what areas County expenditures are being made. 2) That certified copies of this Resolution be furnished to the Chairman of the Board of County Commissioners, County Attorney and County Comptroller. 3) This Resolution shall take effect immediately upon its adoption. Introduced and adopted at a regular session assembled this 25th of August , 19 8~ Following discussion of the matter between Council members, Councilman Knight moved to adopt the Resolution, seconded by Councilman Chapman. Motion carried. 81-18 2) ORS AGREEMENT Attorney Conlon stated that he has been in contact with the Office of Revenue Sharing and they have received our signed agreement and Affirmative Action Plan. The ORS is in the process of evaluating the agreement. Attorney Conlon stated that he informed the ORS that the Council supported this agreement .as their final offer and urged them to accept the agreement. C) ADMINISTRATIVE ASSISTANT 81-29 1) VACANCY ON CODE ENFORCEMENT BOARD It has been learned that Herbert Nix, a member of the Code Enforcement Boardi is not a resident of the City and therefore cannot serve as a member of the Board. Mr. Fellows will make a recommendation for replacement at the September 8th meeting in order to have a full Board ? ! ['' TI ! 2918 when the CEB meets on September 21st. Mr. Fellows further advised the Council that the Code Enforcement Board has set their regular meetings for the third Monday in each month. --~ COMMUNICATIONS FROM COUNCILMEN A) DONALD BURK 81-10( 1) RECLASSIFICATION OF ADMINISTRATIVE ASSISTANT TO CITY ADMINISTRATOR Councilman Burk stated that the Council has had experience with Mr. Fellows for some time and Mr. Fellows has saved the City a considerable amount of money since his employment. The City has progressed to the stage that there is a need for someone to be in the City Hall everyday who can do more than just assist the Council, a full administrator. Councilman Burk proposed that Mr. Fellows be reclassified as the City Administrator and that his salary be commensurate with his responsibilities. This reclassification does not mean that Mr. Fellows would have control of the City. Councilman Watford stated that he was under the impression that the form of government the City has under the Charter, the City Administrator could not be hired without Charter revisions. Councilman Watford further stated that at the time Mr. Fellows was hired, as Administrative Assistant, the Council assured the public that he would not be a City Administrator. Councilman Knight agreed with Councilman Watford that the position was for an Administrative Assistant even though he feels Mr. Fellows has done an outstanding job for the City. __~ After further discussion among Council members, Councilmen Burk moved to reclassify Mr. Fellows to the position of City Administrator and during the budget session set his salary commensurate with his responsibilities, seconded by Councilman Chapman. Councilman Watford asked Attorney Conlon if it was certain this is legal. Councilman Burk quoted Article 5, Section 25 (Charter) "The City Council has the power to create and abolish offices". Attorney Conlon stated that the City by motion Would have the power to create the office of Administrator but may have to by ordinance, name the Administrator and specify his duties. Councilman Burk restated his motion at this time to wi.thdraw the word "reclassify" and insert the word "create" by ordinance the office of City Administrator, seconded by Councilman Chapman. Chairman Douglas called for a vote by the Council. Councilmen Burk and Chapman voted "yes"~ Councilmen Watford and Knight voted "no". Chairman Douglas stated that he is not entirely clear on the subject, however, he has no objections to Mr. Fellows having the position of City Administrator. Chairman Douglas stated that he must vote "no" on the motion at this time until he is a little more sure of the position and the procedures. Chairman Douglas asked Attorney Conlon to come back with an opinion on the overall procedure. 919 B. DOWLING WATFORD 81-6 1) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford stated that the Central Florida Regional Planning Council is meeting on 81-107 August 26th in Bartow and he will try to attend. 2) ZONING CHANGES TO COMMERCIAL STATUS Councilman Watford stated that since he had been on the Council, there had been three different zoning changes that he personally has had problems with because they were changes to commercial. These requests were for professional type buildings and because they were changed to commercial, any type of business could be put on the property. Councilman Watford requested that the Council request the Planning Board to investigate the different categories we have in zoning property and perhaps make recommendations to the Council about adding additional categories Councilman Watford moved to ask the Planning Board to investigate the different categories for zoning of property, especially commercial categories, and make recommendations to the Council for changes. Seconded by Councilman Burk. Motion carried. 81-62 3) FLOURIDATION OF WATER Councilman Watford questioned the issue of flouridation stating that the grant that can be obtained from the State will expire in September. Chairman Douglas informed Councilman Watford that the issue of flouridation will be discussed at the first meeting in September, that being September 8th. C. EDWARD DOUGLAS 81-93 1) BARROW PITS Chairman Douglas discussed with the Council the Ordinances Attorney Conlon had received from different cities in regard to the barrow pits. Councilman Chapman recommended that an ordinance be drawn up covering both barrow pits and swimming p~ols to be discussed at a later meeting. D. LANDON C. FORTNER 81-25 1) PIPE AND FITTINGS BIDS Director Fortner presented the following bid tabulation for pipe and fittings: Southeastern Municipal Supply $8,028.44 Less 2% if paid in 10 days Riverview Utility Supply $8,464.31 Florida Utility Supply $8,709.56 Davis Meter & Supply $8,944.81 On the recommendation of Director Fortner, Councilman Knight moved to accept the low bid from Southeastern Municipal Supply in the amount of $8,028.44, seconded by Councilman Burk. Motion carried. 81-108 2) HOSPITAL REQUEST FOR ADDITIONAL SEWER CAPACITY Director Fortner informed the Council he had received a request from the H. H. Raulerson Memorial Hospital for an additional 6,500 gallons of sewer capacity . 2 20 After a brief discussion, Councilman Watford moved to grant H. H. Raulerson Memorial Hospital the additional 6,500 gallons sewer capacity as requested, seconded by Councilman Chapman. Councilman Burk questioned if the existing lift station is adequate to handle the additional capacity. Director Fortner informed the Council that the Hospital had hired an engineer to inspect the site and based on his calculations, the lift station will handle an additional 150 beds. By unanimous vote, the Council approved the additional sewer capacity for the H. H. Raulerson Memorial Hospital as requested. 81-109 3) MEDIAN STRIPS Director Fortner informed the Council he had received several requests for making median strips that are in the larger right of ways (grassy strip between two streets) no parking areas and enforce the no parking. Attorney Conlon stated that in order to enforce the no parking, there must be an ordinance. After further discussion of the matter, Councilman Knight moved to ~erect no parking signs in the affected areas, seconded by Councilman Chapman. Motion carried. RICHARD FELLOWS Assistant Fellows expressed his appreciation for the individual support he has reveived from Council members during this meeting. RECESSED MEETING Councilman Knight moved to recess the meeting until Thursday, August 27th at 7:00 P.M. Seconded by Councilman Chapman. Meeting recessed at 10:35 P.M. ATTEST: ~ofinie S. Thb~mas City Clerk City of Okeechobee -92 BUDGET WORKSHOP THURSDAY, AUGUST 27, 1981 The City Council of the City of Okeechobee, Florida, convened in a recessed meeting at 7:00 P.M. on Thurdsay, August 27, 1981, in Council Chambers, Okeechobee, Florida~ for the purpose of conducting a Budget Workshop. Chairman/Mayor ~dwar~ ~. 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, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Tomey and Police Chief Larry Mobley. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING AUGUST 25, 1981 7:00 P.M. 1. Invocation Approval of minutes of the regular meeting of July the 28th and August the llth, 1981 and Budget Workshop of August 13th, 1981. III Appearances: a) Al Whalen or K.E. Hummon representing the V.F.W. Post 10539 asking for the City's participation in the cost of electricity for providing a twenty four hour illuminated American Flag in Flagler Park. b) Mr. Ray Hoekstra and son to inform Council of change of ownership of majority of stock of L.P. Sanitation, Inc. and to request present franchise be approved for assigning to new owners although continuing the name of the business as L.P. Sanitation, Inc. c) Mr. Jerry Davis of Morrow Inc. to discuss sewer lines and lift station to be constructed at the Farmers Home Administration project in the northwest area of the city. d) Mr. Andrew Rubin to discuss vandalism of mail boxes and make inquiry regarding the reason for charging for obtaining copies of the proposed City Budget. IV. Public hearing and final reading of an ordinance amending the Zoning Ordinance to provide a change in the hearing procedures for the issuance of temporary use permits. (Planning and Zoning Board recommends approval) V. Action by the Council on a report by Attorney David Conlon and Fire Chief Keith Torrey relative to offer of Ryder Truck Lines to pay 75% of the cost of replacement of equipment damaged while dealing with a sulfuric acid leak. VI. Report on the county in regards to county policy recently stated indicating County Fire Department plans to answer structure fires within the city. VII. Mayor to call on anyone in audience wishing to address the Council. VIII. Mayor to call on City Clerk, City Attorney, Administrative Assistance and Councilmen regarding requests and/or reports. IX. Adjournment