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1981-09-08 Regular Meeting2926 81 -117 REGULAR MEETING TUESDAY, SEPTEMBER 8, 1981 The City Council of the City of Okeechobee, Florida, convened in regular session at 7:00 P.M. on Tuesday, September 8th, 1981, in Council Chambers, Okeechobee, Florida. 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, Director of Public Works L. C. Fortner, Jr., and Fire Chief Keith Tomey. Chairman Douglas called the meeting to order. Councilman Burk offered the invocation. ADOPTION OF RESOLUTION REQUESTING FUNDING FOR 201 PROJECT Chairman Douglas opened the floor for discussion on the adoption of a Resolution to the Honorable L. A. "Skip" Bafalis requesting appropriate funding for the construction of the Okeechobee City 201 area wide waste water treatment plant. Assistant Fellows stated that Director Fortner received a letter from Washington making inquiry as to the reserve capacity that is provided in the application. Fellows further stated that it appears the Administration is going to provide monies to build waste treatment plants to serve existing populations but do not intend to provide monies for the reserve capacity to serve future populations. After brief discussion among Council members, Councilman Watford moved to accept the Resolution requesting appropriate funding for the construction of the 201 Project. Seconded by Councilman Burk. Chairman Douglas read the Resolution in its entirety: WHEREAS, of developing WHEREAS, expended over The City of Okeechobee and Okeechobee County joined together for the purpose a 201 area wide waste water treatment plant and the city and county have completed the step one and step two process and have $60,000 of local funds for the development of same and WHEREAS, the Environmental Protection Agency in its role of assisting in the financing of step one and the step two process has expended approximately $200,000 of Federal funds and WHEREAS, it is the understanding of the officials of the City of Okeechobee and Okeechobee County, at the current time no funds have been budgeted for the 201 waste water treatment plant and WHEREAS, the City of Okeechobee as lead agent is prepared to file its step three application for the construction funds necessary to complete its program and WHEREAS, the lack of assistance from the Environmental Protection Agency would mean the wasting of Federal, State, and Local Funds since the city and the county would be unable to complete the program without State or Federal financial assistance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, as follows: 1. That. the Honorable L. A. "Skip" Bafalis, Member of the Congress from the Tenth District and representing the area of Okeechobee City and Okeechobee County be, and he hereby is, respectfully requested to introduce the necessary legislation to include funding in the new House Budget Resolution to be adopted on September 15th, 1981 so as to provide the necessary 85% financing for the City of Okeechobee to complete the construction of its area wide waste water treatment plant for the coming fiscal year. 2927 33 81 -118 b1 -29 81 -119 81 -120 2. That certified copies of this resolution be furnished to the Honorable L. A. "Skip" Bafalis. 3. This resolution shall take effect immediately upon its adoption. Introduced and adopted in regular session assembled this 8th day of September 1981. Council voted unanimously to adopt the Resolution. FIRST READING REZONING OF PROPERTY AT 207 S.W. 5th AVENUE Chairman Douglas informed the Council of the first reading of an Ordinance to rezone property at 207 S.W. 5th Avenue and set a Public Hearing for October 13, 1981. Councilman Knight moved to read this Ordinance by title only. Seconded by Councilman Burk. Motion carried. Chairman Douglas read the Ordinance by title only: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM RG -2 TO COMMERCIAL. Councilman Knight moved to advertise and set the Public Hearing for October 13th. Seconded by Councilman Watford. Motion carried. CODE ENFORCEMENT BOARD VACANCY Chairman Douglas stated that because of an oversight of the Council, Mr. Herbert Nix must be replaced on the Code Enforcement Board. Councilman Burk moved that Mr. Jim Attaway be appointed as successor to Mr. Nix. Seconded by Councilman Knight. Motion carried. MR. RICHARD KELTON DOUBLE TAXATION Mr. Richard Kelton, President of Kelton and Associates, Inc. appeared before the Council to discuss some general problems involved in the matter of double taxation. Mr. Kelton explained that Kelton and Associates is a firm specializing in local government management services in the state of Florida providing services for City and County governments and went on to elaborate on several cases and studies his firm has recently made. Councilman Burk questioned Mr. Kelton about his findings with fire services and County roads vs City streets. Mr. Kelton explained that he had found problems in both areas in most municipalities. After further discussion between Council members and Mr. Kelton, Chairman Douglas thanked Mr. Kelton for making this presentation to the Council. Councilman Knight moved to table the discussion until the next meeting. Seconded by Councilman Watford. Motion carried. UNITED FEED CO -OF REQUEST TO CLOSE AND VACATE A PORTION OF NORTHWEST 3rd AVENUE Mr. Bill Stratton, Production Manager for United Feed Co -Op, Mr. Tommy Rucks, President of the Co -Op and Mr. Jim Enrico, a member of the Co -Op appeared before the Council stating that the i T ET T 2928 81 -121 81 -122 Co -Op is anticipating an expansion and feel they may run very close to the property lines. Mr. Rucks presented a drawing showing the location of the expansion and the present property lines. Following discussion between Council members and Co -Op representatives, Attorney Conlon instructed Mr. Stratton to file an application through the Clerk's office for a variance which could be granted by the Board of Adjustments and Appeals. Conlon further stated that if the Board of Adjustments and Appeals deny their request, the Co -Op could then come back to the Council with a request to lease a portion of Northwest 3rd Avenue. NORM HANSEN, FLORIDA POWER AND LIGHT HIGH PRESSURE SODIUM STREET LIGHTS Mr. Norman Hansen, Senior Service Planner for Florida Power and Light, appeared before the Council to discuss the location of new high ' pressure sodium street lights. Mr. Hansen informed the Council of the goals of energy conservation of Florida Power and Light their plans for meeting these goals in regard to street lighting. Mr. Hansen stated that all Florida Power and Light street lighting customers contract for services through a street lighting agreement, which the City has, and went on to explain the terms of the agreement. The Conservation Lighting Conversion Agreement is to supplement the existing agreement. This agreement clarifies the condition of the conversion for both parties and provides for a term of 10 years, which allows for the recovery of the investment made. All customers requesting a conversion of their street lights must enter into this agreement. Any request by the City for replacement or additional, other than those provided under Exhibit D (existing street lights are covered under this contract and will be converted to sodium vapor lights) this must be in writing in accordance with Paragraph 1. This is Florida Power and Light's own proposal. The City should be in concurence with this. Florida Power and Light will require a written notice of the City's acceptance of this proposal. Mr. Hansen stated that the first area Florida Power and Light is proposing to convert is Parrott Avenue from the railroad on the North to 8th Street on the South and gave statistical figures of savings to the City if the change is made. Chairman Douglas asked Mr. Hansen to leave a copy of the agreement and contract for Attorney Conlon to review. MR. ANDREW RUBIN PAVING OF CITY STREETS Mr. Andrew Rubin appeared before the Council stating that the item of double taxation is very interesting but was glad to see it tabled for the present time. Mr. Rubin read the following list of streets located within the City of Okeechobee: S.E. 3rd Avenue Avenue B S.E. 6th Street S.E. 12th Street S.E. 11th Avenue S.E. 9th Avenue S.E. 6th Avenue S.E. 2nd Street N.E. S.E. 5th Street N.E. S.E. 4th Avenue West S.E. 7th Street N.E. N.E. 5th Avenue West N.E. 15th Avenue N.E. N.E. 2nd Street N.E. 3rd Street 4th Street end of N.E. 7th Street end of N.E. 12th Avenue 11th Street West end of N.E. 12th Street N.E. 13th Street 5th Street East end of N.E. 15th Street N.E. 14th Street 10th Street N.E. 2nd Avenue N. E. 7th Street N.E. 3rd Avenue 33 81 -8 N.E. 4th Avenue N.W. 10th Avenue N.W. 5th Avenue N.W. 3rd Street N.W. 2nd Street S.W. 7th Street S.W. 6th Street S.W. 4th Street S.W. 2nd Street S.W. 12th Avenue S.W. 10th Avenue S.W. 5th Avenue S.W. 4th Avenue S.W. 9th Street S.W. 11th Street S.W. 13th Street S.W. 2nd Avenue S.W. 14th Street S.W. 15th Street S.W. 6th Avenue S.W. 19th Street Mr. Rubin stated that these are streets which are not paved, and there is a possibility some have been left out. Rubin further stated this is the second time he has appeared before the Council requesting the development of a paving program and he feels this should be the highest priority on the proposed budget. He, along with other taxpayers of the City would like to know why there is no paving program if the City is going to have a paving program and why is it not included in the upcoming budget. Councilman Watford stated that is is sure Mr. Rubin is aware of the problems the City has had with the County and the County has an Attorney General's opinion on their side about what money is to be used. Watford further stated that the City is working on identifying which streets are the City's responsibility and which are the County's responsibility. The City will eventually have a paving program; however, not in the immediate future. FIRST READING AMENDING ORDINANCE 402 Chairman Douglas informed the Council of the first reading of an Ordinance amending the schedule of District regulations providing for the elimination of the permitted uses of structures allowing the construction of wholesale warehouse storage distribution facilities to be set for Public Hearing October 13, 1981. Councilman Burk moved to read the Ordinance by title only. Seconded by Councilman Chapman. Motion carried. Councilman Knight moved to set this item for Public Hearing October 13, 1981, seconded by Chapman. Councilman Watford questioned where this amendment originated. Attorney Conlon stated that this item came up at a Planning and Zoning Board meeting in August. Conlon explained that the fact that anybody with industrial property could store flammable liquids and under the present schedule it took no application to them at all. The Planning and Zoning Board felt that for the public's safety and interest, there should be input from the Public Safety Department and the public and therefore it could be shifted to a permitted use. Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING ORDINANCE 402, SCHEDULE OF DISTRICT REGULATIONS; THE PROVIDING FOR THE ELIMINATION OF ITEM FOUR UNDER PERMITTED PRINCIPAL USES AND STRUCTURES ALLOWING THE CONSTRUCTION OF WHOLESALE, WAREHOUSE, STORAGE OR DISTRIBUTION FACILITIES, INCLUDING BULK STORAGE OF FLAMMABLE LIQUIDS AND PROVIDING THIS USE MAY BE GRANTED ONLY BY SPECIAL EXCEPTION AFTER DUE PUBLIC NOTICE AND HEARING AND THE ESTABLISHMENT OF APPROPRIATE SAFEGUARDS; PROVIDING AN EFFECTIVE DATE. Motion to set this Ordinance for Public Hearing on October 13, 1981, carried. 2930 81 -123 8 -1 -124 81-1-25 REQUEST FROM THOMAS AND WEYANT, ARCHITECTS, ENGINEERS AND PLANNERS TO CONNECT WITH CITY WATER AND SEWER FACILITIES Chairman Douglas informed the Council of a request from Thomas and Weyant, Architects, Engineers and Planners to connect with the City's water and sewage facilities for a proposed development in the northwest section of the City. Director Fortner stated that the City is presently pumping about 50% capacity through sewer and it does peak at times to 75 %. The developers have requested 18,000 gallons additional flow each year for a period of three years to develop 62 single family resident units and 120 rental apartment units. Assistant Fellows stated that in the proposed budget, there are two items, a revenue item and a transfer item called "impact fees ". It was the intention that the City should consider setting a policy for each 1,000 gallons per day of sewer reserve capacity. A developer would have to pay X- number of dollars, which would go into a trust fund for the purpose of expanding the plant capacity. After further discussion among Council members, Councilman Burk recommended that the Council consider a workshop to meet with these people so as to keep the lines of communication on the project open. The consensus of the Council was to discuss the matter further in a workshop session PERSONNEL HANDBOOK MATERNITY LEAVE Chairman Douglas informed the Council there is a need to make a change in the maternity leave portion of the personnel handbook. After brief discussion of the change, Councilman Chapman moved to amend the City of Okeechobee Personnel Handbook to read maternity leave same as sick leave. Seconded by Councilman Knight. Motion carried. FRANCHISE NEGOTIATIONS WITH L. P. SANITATION, INC. Assistant Fellows informed the Council there is a need to decide whether the Council wishes to negotiate a new franchise with L. P. Sanitation, Inc. or discuss the possibility of the City setting up their own garbage collection system. Attorney Conlon suggested that the Council could immediately negotiate an agreed upon clause with L. P. that while the City is negotiating with them, they give the City a 90 -day clause that at the expiration of their franchise we have the right to extend it by 90 days by giving them at least 90 days notice before the end of thier clause. Mr. Fellows stated that if the firm goes bankrupt, the City has no protection. Therefore, the City should require a $200,000.00 Performance Bond. Councilman Burk stated that based on current performance factors, he would have no problem with beginning negotiations with L. P. Sanitation, Inc. and so moved that Assistant Fellows and Director Fortner be authorized to begin negotations with the Hoekstras. Seconded by Councilman Chapman. Motion carried. 2931 33 81 -62 81 -126 81 -127 FLOURIDATION OF CITY WATER Chairman Douglas stated that the time had come for the City to make a decision on the flouridation of City Water. Results of the straw vote are: CITY: For: 618 Against: 399 OKEECHOBEE BEACH WATER: For: 171 Against: 221 Councilman Watford stated that he had received a call from the Health Planning Council in West Palm Beach in support of flouridation. Councilman Chapman stated that the Council should go with the results of the straw vote. Chapman asked Director Fortner if the water could be separated and the flouride be left out of water going to Beach Water users. Fortner stated that this could be done if necessary. Councilman Burk stated that the Council wanted to hear from the public and therefore called for a straw vote. The results of the straw vote indicated that the public wanted flouride and therefore moved that the City of Okeechobee place flouride in the drinking water. Seconded by Councilman Chapman, motion carried. Councilman Watford moved that the City request the Board of Directors of Beach Water Association instruct the City about flouridation of their water. Seconded by Councilman Burk. Motion carried. FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION Chairman Douglas informed the Council that the Florida League of Cities Annual Convention is to be held October 22 - 24, in Orlando and authorization is needed from the Council to allow Assistant Fellows to attend the Convention. Councilman Knight moved to allow Mr. Fellows to attend the Convention and name him as the voting delegate from the City of Okeechobee. Seconded by Councilman Burk, motion carried. Attorney Conlon requested authority to attend the one day of the Convention that is set up for City attorneys. Councilman Burk moved to authorize Attorney Conlon to attend the one day of Convention dealing with legal aspects. Seconded by Councilman Watford. Motion carried. FRED VOTION, JR. REQUESTING PERMISSION TO HAUL OWN GARBAGE Chairman Douglas called for anyone in the audience wishing to address the Council. Mr. Fred Votiono, owner of Votiono's Pizza Kitchen, appeared before the Council requesting that he be permitted to pay the $75.00 fee and haul his own garbage. After questioning Mr. Votino, Assistant Fellows stated that he felt it would be to Mr. Votiono's advantage to check into the possibility of sharing a dumpster with someone and continue the use of the dumpster. There being no further discussion on the matter, Councilman Watford moved to grant Mr. Votino a permit to dispose of his own garbage. Seconded by Councilman Knight. Motion carried. 2932 81 -128 81 -6 81 -129 CORRESPONDENCE FROM DEPARTMENT HEADS A) CITY ATTORNEY 1) INTRODUCTION OF NEW ATTORNEY IN FIRM Attorney Conlon introduced Mr. Jerry Lefebvre to the Council. Mr. Lefebvre is a new attorney in the firm and Mr. Conlon has asked him to attend Council meetings periodically to remain abreast of City business in the event he would have to attend a meeting in Conlon's absence. B) ADMINISTRATIVE ASSISTANT 1) LONG RANGE COMPREHENSIVE PLAN WORKSHOP Assistant Fellows reminded Council members of the workshop to be held Thursday, September 17th, on the Long Range Comprehensive Plan. The second workshop is scheduled for October 1, 1981. CORRESPONDENCE FROM COUNCILMEN A) OAKLAND CHAPMAN 1) STRIPING OF PARKING AREAS Councilman Chapman stated that is has been brought to his attention that there are certain areas within the City were there is a need for new stripes for parking. Councilman Chapman stated that something needs to be done and suggested sending a letter to the County Commissioners and the Road Department requesting help in getting this item taken care of. After further discussion, including faded center lines, the consensus of the Council was to send a letter to the County Commissioners and the Road Department. B) DONALD BURK 1) PARKING IN AREA OF OKEECHOBEE LIQUOR STORE Councilman Burk reported that there about four no parking signs in the area of the Okeechobee Liquor Store; however, the signs are not being enforced and there is a problem there. Burk stated that he would like for the Council to instruct the Police Department to enforce the no parking signs. C) DOWLING WATFORD, JR. 1) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford stated that he had attended the Central Florida Regional Planning Council meeting on August 26th. The Council at that time reviewed some development in Polk County. Mr. Watford stated that there had been some controversy over the Country Club of Champions that the Regional Planning Council approved with some recommendations and it was changed drastically. The County Commissioners voted 4 to 1 to approve it, and it appears that the Planning Council will appeal to the Governor because the density was increased quite a bit. 2) SOUTHERN STANDARD BUILDING CODE Councilman Watford questioned the Council taking any action on the Southern Standard Building Code in regard to the fire official acting in the absence of the building official. After discussion of the matter, Councilman Burk moved to ratify and confirm the amendment to the Southern Standard Building Code whereby the fire official will werve as the building official in his absence to -wit: The building official shall designate as his deputy the Fire Official employee of the department who will exercise all the powers and duties of the building official during his absence or disability. Also, confirm the deletion as set out in the Southern Standard Building Code Section 102.3 DEPUTY. Seconded by Councilman Watford. Motion carried. 2933 33 81 -130 81 -2 KEITH TOMEY - DIRECTOR OF THE FLORIDA FIRE CHIEF'S ASSOCIATION Councilman Watford congratulated Chief Tomey for being named as a Director of the Florida Fire Chief's Association. ADJOURNMENT Chairman Douglas informed the Council that immediately following the Public Hearing on September 17th, the Council would go into a workshop session with representatives of the Thomas and Weyant Firm. A motion was made by Councilman Burk to adjourn the meeting, seconded by Councilman Watf ord. Motion carried. Meeting adjourned at 10:15 F. M. ATTEST: onnie S. Thomas City Clerk City of Okeechobee ward W. Douglas Chairman /Mayor City of Okeechobee REGULAR MEETING TUESDAY, SEPTEMBER 22, 1981 The City Council of Okeechobee Florida, convened in regular session in the City Council Chambers at City Hall, Okeechobee on Tuesday, September 22, 1981, at 7:00 P.M. Chairman Pro -Tem Donald Burk presided with the following Councilmen present: Oakland Chapman and Dowling Watford. Chairman /Mayor Edward W. Douglas and Councilman Jim Knight were absent. 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., and Fire Chief Keith Tomey. Chairman Pro -Tem Burk called the meeting to order. Councilman Watford offered the invocation. APPROVAL OF MINUTES Councilman Watford stated that a word in the minutes of August 25, 1981, (Page 2908, Paragraph 3) in regard to the Change of Ownership of L. P. Sanitation, Inc. should be changed from Council to County. There being no further corrections in the minutes, Councilman Watford moved to approve the corrected minutes of August 25th and September 8th regular meetings and the August 27th Budget Workshop. Seconded by Councilman Chapman. Motion carried. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING SEPTEMBER 8, 1981 7:00 P.M. 1. Invocation II. Approval of the minutes of the regular meeting of August the 25th, 1981 and the budget workshop of August the 27th, 1981. III. Adoption of resolution to the Honorable L.A. "Skip" Bafalis of the United States House of Representatives requesting appropriate funding for the construction of the Okeechobee City 201 area wide water waste treatment plant. IV. First reading of an ordinance proposing to rezone property at 207 Southwest 5th Avenue from RG-2 to commercial (C) for a proposed antique shop and the setting of a public hearing for Tuesday, October the 13th, 1981. (Planning and Zoning Board recommends approval) V. Action by the Council to name a replacement to the Code Enforcement Board to fill the position vacated by Contractor Herbert Nix. VI. Appearances: a) Mr. Richard Kelton, President of Kelton and Associates, to discuss some general problems involved in the matter of double taxation. b) Mr. Bill Stratton, Jr., Production Manager of United Feed Co-op, with a request to the Council to close and vacate a portion of northwest 3rd avenue. c) Mr. Norm Hansen, Senior Service Planner, Florida Power and Light Company, to discuss the wishes of the Council in regards to the location of the new high pressure sodium street lights. d) Mr. Andrew Rubin to discuss with the Council a matter involving street paving and city taxes. VII. First reading of an ordinance amending the schedule of district regulations of the zoning ordinance to provide that wholesale, warehouse, storage, or distribution facilities, including bulk storage of flammable liquids may only be used in an industrial area by special exception and the setting of a public hearing for October the 13th, 1981. VIII. Discussion and action by the Council on a request from Thomas and Weyant, Architects, Engineers and Planners to connect with the city's water and sewage facilities for a proposed development in the northwest section of the city. IX. Discussion by the Council in regards to the personnel policy handbook as it relates to provisions for maternity leave. X. Authority for the Director of Public Works and the Administrative Assistant to negotiate with the new owners of L.P. Sanitation, Inc. regarding the terms of a proposed new franchise agreement. XI. Discussion by the Council in regards to the results of a straw ballot taken on the matter of flouridating the city water supply. XII. Action by Council to authorize attendance by Members of the Council and Administrative Assistant to attend the Florida League of Cities Annual Convention to be held in Orlando, October 22nd thru the 24th, 1981 and naming of voting delegate. XIII. Mayor to call on anyone in audience wishing to address the Council. XIV. Mayor to call on City Clerk, City Attorney, Administrative Assistant and Councilmen regarding requests and/or reports. XV. Adjournment. NB 9195 TO _Councilman DATE September 4, 19 81 SUBJECT MI: Finance Director September Warrant Register uJ Warrant_Ragistermin_be_ready for the September 212_2 1981 meeting L.) 5 _inateasLof—the__*.gtemJ)e___,____r 8 1981 meeting, in order to get mare 0 g binspaisLin old dget year. Bonnie S. 'Thomas City Clerk 41" NATII71,1■31- SNAP-A-PART 47-232 DESK DISPENSER j125 SETS, 4'-231 POLY DISPLAY PACK i50 SETS) MADE I N U S A FROM Zg7-nt--c:) September 3, ioPl Memorandum To: City Council From: PCF Status Peport Jtem 1: AL the Augn.ut 27th meeting the Fund o: County Commissioners, r0r,011-e Hoard' they had boon unable to lind anvthihd ih the minutes relati,.'e to the policy 0: the county In furnishing fire services (To tho citA, ,)1 keeehonee. ii sugyested the Roan1 oiyld wish to make that A policti and include IL in 1L::; :dhute.:-.; at that tlie. No act on won taken by the l3oard in regards Le flih matler. in other action, the Bodrd approved raising the taxing level for the construction of a $240,000 adricu/tural center and set: their new millage rate at 10 mills. Item 2: On Monday, August 31st, the 911 dispatcher in the Sheriff's office received a ca11 concerning a fire and as she had been instructed to do, patched the call thru to the county EMS and fire number. The airl was a new dispatcher and had only been working here in the city for a couple weeks, but the resulting response of the County Fire Tiepartment to a city fire caused "flub Pub" amend officials of the Citt; Fire Department. Tuesday morning, .1 met: with r r cu! Li or , 0.1. IR,Au t'r:...501).„:111(1 101111 YOUllq ,).(1 A IM,It.,(!..?r in )ly 1;c; the cost of ext raditi ;ir city t.iirlsoners. Chief 1.3 rrY to tOc 111Cc't100 and 'w,.‘ (L'Ilt'd til0 p1esent,1t (011 ( 1 which in essence WJ0 j request for the city to consider budyetin approximately tWO thousand dollars a year tor the cost: el extraditing city prisoners. A legal question is inyolved here in as much as 1 )j] c'' once J prihoherlh booked thru the county jail and integrated into the county court system, he becomes a county prisoner and the countn is liable tor all expenses involved with same. Following this discussion, the Sheriff proceeded to "noad" on me in regards to Oiler Tomey's alleged behavior in "dressing down" one of his dispatchers for patching the citu fire call over to the county in the early morning hours of the 'List. In reading account or the incident provided by the Sheriff's September 3, 1981 Statua Noport Page Two dipatcher, l noted she had been im3tr2icti to patch Clen to the county. t asked Sheriff' Collier directly ir the policy of tho county sheriffs dcpartroont was to patcb ,.merdency calls thru firt to the countY or county fire department whore a decision was then made as te whether It was a city call or a county call. Both Sheriff Coilier and 0.B. Raulerson indicated this was the policy after Midnight because, in their words, the late night dispatcher was not as familiar with the city as those who work the regular shifts. r told them it seemed to me that such a system frustrated the intent of the 911 emergency calling system and they should have a fully detailed city/county map in the Sheriff's 911 office and the determination as to which agency was to get the call should be made as the call is received in the Sheriff's office and not passed onto another agency. Some of our county/city fire problems are coming about as the result of this apparent policy. We are working on trying to resolve it. 1 tom 3: Pocently the Circuit Court. in Palm Reach Citunty released it:.-•; decision in the Palm Beach County double taxation trial with Circuit .tudge Wessel indicating the Se rV COS contcrsti:,d by the MU 11 Li .7 itle ded no real or substantial bone ri t " to the municipal". t , 2 17d ordered (7. h county to develop an appropriate mechanism to run,/ the;c, The co rites Lod ser 010e5 r n m 13e'/ ("ou n t 2, ;•:( Er. t h' :?'e r roId pat:iul the Sheri tcctive it vvst 7 r t .1 VC d Cs) , 0 ontc nd eonstructio: of tho local road system, and neighborhood parks. This ruling marks the rirst time 15 the hitorY ,74 this double tA'ation liticatien that municipalities h:lve been to present evidence sutricient to pTove the Sherirf's patrol and inve.,:tidative services do not proide real ari ! substantial benefit (TO mupicipal residents and taxnapers. Richard Kelton of Kel ton and Associates, the management group that did the double taxation study for orange Park, also played an important role in the Palm Peach County case. Bichard Kelton will be doing some work in Port Saint Lucie next week and has agreed to appear at the City Council meeting Tuesday night to discuss in very general terms some of the very real and vexing problems involved in the issue of double taxation. He would also be willing to un(1('rtsIo 5 lull audit of Okeechobee County and present i,cpert 1,tt,co, to the City Council of Okeechobee a full report on t11c: extant, if any, of double taxation existing within Okeechobee Coun His fee for preparing the report and doing the study analysis would he $6,000 which is very reasonable .for the extensive study and investigation required for the development of such a report. .Item 4: We have received by mail today a letter from Thomas and Weyant, Architects, Engineers, and Planners requesting aoprova7 btt the o thi to connect to the existing sewer collection system and water distribution system for a proposed development in the northwest development will consist o1 slxtu -two sln le family The r 'reposed and One hundred and twLrnt y apartment and rental units and will require approximately three years to construct and the ('s fac::. Sinq an estimated SC'WJ0C flow 01 approximately eig lions each hear for three .neers on behalf of 1. Pay .111 construction will be at the devt_•ic>eOJ's expense and all public f.ici.71ties will be dedicated to they city The company Hatton indicate their understand' for maintenance upon completion. They also they Jr., aware Chat all design and construction must be approved by the City Public Works Department and our consulting engi neers. We are referring the letter to Public Works Director, Fortner who will make a recommendation to the Council. Item 5: During the budget discussions there was some concern expressed that when the fire department was responding to a tire, no one was on duty to answer their regular business telephone line which is 763 -4423. We have r.esolced that rllat1e.r for all practical purposes and within the next ce dispatching office to day or so should have the ability fo. ,:InSIvl r that r;hlrnber when the fire statior -1 is vacant clue- to responding to a tire eai1. Sj nc0 we 11,'10 trl )p,,21.: any f.irl._l1lcid.1 assistance 1 r'orn the County School t.ioaid 0: the County Sher' the sc!Ioo! crossing /wards wh.ic/: the cite; " will be necessary tor us to provide the fun dmy them ret rvrct_i ve Lo county tr.) crua rd :,choel , which w:it; ,.uctnst 24th. 0 1,rllhl0( 1 t he 0! Llw It , . 441 guar[ U;' to parity with the ice of $00.00 per week with the the elementary school to receive $65.00 per week. These s,Ilary 0 or/ icons at flat 00 September 1, 1),M Status Report Page Four figures would be retroactive to August 24th, 1981 and have been provided for in the new budget. Item 7: Mallette Westbrook, Zoning Administrator and Building Official will be on vacation next week and during his absence building inspection will be provided at no additional cost by the Fire Chief. An action by the Southern Building Code Congress International, Inc. amending the Southern Building Code to provide the Fire Chief would be deputy building inspector provides the authorization and transfer of responsibility during this period. Item 8: Ann Purnell, Management Coordinator for Morrow, 111C. has written to advise C)unci1 construction ill the new Tang7ewood Apartments is getting underway on ninth street. She point's out there will be six one bedroom, twelve two bedroom and eiOt three bedroom apartments each with electric range, central heating and air conditioning, wall to wall carpeting and refrigerator. Rents will start at 5 .785.00 a month and anyone knowing a person or persons looking for an apartment can get an application for same by contacting Morrow, inc. , Post Office Box 5714, Lakeland, Florida 33803. Item 9: The Florida Teague of Cities Datagram indicates the funding allocation for the 201 program was zero in the recently passed Budget Reconciliation Bill. We are further advised that Congress is scheduled to pass its second budget resolution bill by September /5th and the League of Cities is urging City Councils to contact their Representatives and Senators to urge them to support the inclusion of $2.4 billion for the 201 program in the second budget resolution to be passed by September 1 5th, 1981. We are providing a resolution to this effect since considerable monies have already been spent to get us to the step three point. It will be an agenda item fur diseassion Tdau nit/ht. Item 10: Mr. Stra Len or United Peed has indicated a desire to approach Council rela-'ve Lc the possible V,iCdtlUfl Or d portion 01 third avenue dead-ending at his plant. e have asked him to provide L.C. with the necessary sketches showing the existing conditions and just what is proposed. We hope to have this documentation ready for inclusion with fla 12c7c'rt. Page Five the status report, but in the event we are unable to get it in time, it will be sent to you prior to the meeting Tuesday night. Item 11: The Planning and Zoning Board heard two requests for rezoning Tuesday night. ;1 request from John Brooks and others to rezone property from industrial (I) to commercial (C) at the west end of Flagler Park' wa withdrawn after it was learned that the proposed retail drive thin convenience store could be constructed 3nd.operated in the industrial Toni' w.7 t: /IOU t Jilt/ rt:,zon I ng . The Planning and Zoning Board took testimony on a request for rezoning property at 207 Southwest 5th Avenue from RG -2 to commercial (C) for proposed antique shop. Presently the property is crrandfathered in and is being operated as an arts and crafts store bY a Mrs. '_iercc. <'he complained that when the T'artleyZoning Plan was adopted, her commercially zoned property was rezoned RG -2. Following a discussion of the matter, the Planning and Zoning Board recommended the request be forwarded to the Council for their approval of the rezoning. This will be up for first reading and the setting of a public hearing for Tuesday, October the 13th, 1981. The Planning and Zoning Board also received the request of the City to investi_1ate the need if any for some additional commercial zoning districts providing less intensive uses than the existing single commercial designation. Item 12: If the Council agrees, it would be in order to name a replacement on the Code Enforcement Board for contractor Herbert Nix. We have made several attempts to dcvo 1op an interest in this position by former Councilman Cowboy Rnulerson and have left several calls, but he has been unable to contact us for one reason or another. Jim Attaway has been contacted and has agreed to serve. If it please the Council, Mr. Attaway could be named as the new Code Enforcement hoard member. This will be an 1t:ern for Tue_sdat1 night consideration. I ea _>: We have received notice from the State of Florida Department of Comm-rce that our app 1 cation for construction funds for an industrial access feeder road has been received and the application is the type that will receive September 3, 1981 Status Report Page Six consideration for funding. Some type of priority list will be developed and I assume we will hear something further on this in the near future. Item 14: At the last tact ?tlno some discussion was uncle taia zi in reqard :; to i1our.ida tion. We .furnished Council the last information we had in rcgd: is to the 1 400 ballots we had received back. Six hundred and eighte ,r.i persons sons on thy: straw vote are in favor of flour_i.dation and three hundred and :Linty nine are against. Since those in Okeechobee Beach Water- .Association are against fiouridat:ion it would appear if the Council decides to flour,,03te the city water supply, Okeechobee Beach Water Association will have to be left out. This wi.1l be an agenda item for consideration at the meeting on Tuesday. Item 15: In order for the Council to make a determination on whether or not they need to provide for a sanitation division budget in the corning fiscal clear, I think it important for us to begin negotiations imnediatel y on a new franchise with the Floekstras. With the authority of the Council, L.C. Fornter and 1 will attempt to negotiate .:t new franchise to become effective as desired by the Council. We would .like to get some feedback on this at the meeting on Tuesday night relative to whether or not to trig to negotiate a new five year arrangement or something shorter. The Jioekstras are probably not e ;ing to be interested in a short term arrangement. if the Council decides this is the only type arrangement they are interested in, it will be necessary for us to develop a budget to set up our own sanitation division. Item 16: The personnel pc l 1cti handbook has a section in it in reference to maternity leave that is in conflict with the present federal law and statues reyardlnt! same. IL is the recommendation of the administrative staff after studs/ at the staff meeting on Wednesday, the Council amend the personnel police handbook to provide that maternity leave shall be handled in the same manner as sick leave. Item 17: Some inquiries have been made regarding why the city does not have some kind of a mosquito spraying program. We are checking into this for costs, etc. and will keep the Council advised. September 3, 1981 Status Report Page Seven Item 18: We have received a letter from the Department of the Navy eiLh some rather good news. lt seems the Navy Seabees Construction PatLa:ion Vourteen is very much interested in the okee-ilahchre Park nroject and Commander L.1. Bennett is forwarding a recommendation to the Navy Seabees , 3 project packege be worked np certaining the basic elements o! nunpower, equipment, berthing and weesing regairemente with the anticipated planning for the projet to take three or four months. Keep your fingers c:ossed for if this goes thru, we can construct our access ways, parking lot, bridge and picnicking areas without any labor costa and wil7 have to pay only !Cr the necessarry shell, construction material, etc. We wi71 keep you advised. Item 19: After a conference with NCR on Tuesday, we learned at the staff meeting Wednesday, the hardware for the computer should begin arriving the last week of October. The governmental budgeting system will be the first item put on the computer. Payroll will he developed for a January lst start and the utility billing will be developed last. We are confident the Council is going to be well pleased with the results of this very progressive step forward. Bonnie and Judy Huffman, our technical consultant will be attending an NCR seminar in Orlando on September 15th. This is a seminar for general computer users which 1 may also attend depending on my schedule. Item 20: Chief harry Mobley is recommending Patrolman Kelly Ammons be premeted te the pw:Ition ol t;creeent to replace Henry Hancock. Ammons has Ik'ON in the department since 1975 and thru InquIr/y 1 am lead to feel that he 1)3 1 matured recentia and could provide the type o1 leadership the department needs. In any event, he will be on a probationary status during the first six menthe during which time his performance can be evaluated. If Council hes no oblections, we plan to follow thru with the recommendation of Chief Mobley. The salary for Ammons will be changed from $12,087 to $12,709. The promotion will be effective on September 7th, 1981. Item 2 : Our continuing contract with Broome, Van Ostran is still being worked on by David Conlon. Once the wording of the contract is acceptable to him, wo will have it executed by the Mayor and the principals of Broome, Van Ostran. Our report on Jim Broome is good one day and bad the next, but September 3, 1981 Status Report Page Eight at this point, L.C. and 1 feel the best course of action is to sit tight, utilize the firm on the basis the contract provides for and see what develops as far as Jim Broome is concerned. in this regard, one of the representatives of Biscayne Engineering who was named number two in the negotiations will be at the Council meeting on Tuesday night and it is my understanding he is going to come there to continue promotion of his firm. Item 22: In regards to the 201 step three application. We have been advised by the State HRS Office in Tallahassee documents and agreements reached more than three years ago have to be reworked in order to be up to date. We therefore are proceeding with Mr. Wes Brazzel at the Florida Boys School to get confirmation on the use of the land by the school, following which we will hand carry his letter thru the HRS District Nine Office in West Palm Beach and then be in a position to finalize our lease agreement with the officials in Tallahassee and Atlanta. Keep your fingers crossed and we will keep you advised. Item 23: We have some important dates to remember during September and October. You may want to mark them on your calendar. The first date of significance other than the regular council meetings on the eighth and the twenty second will be the first public hearing on adoption of the city's comprehensive plan which will be held at 7:00 P.M. on Thursday, September the 17th. This meeting will be followed by another special meeting on Thursday, October the 1st at 7:00 P.M. when we will have the final hearing and complete the adoption of our local government comprehensive plan. During October, we have two special meetings scheduled in connection with the budget. The first meeting will be on Monday, October the /9th at 7:00 P.M. for adoption of our tentative budget and millage and the second meeting will be a special meeting on Monday, October the 26th to adopt our final budget and final millayc. The Code Enforcement Board meeting during September will be on Monday, September the 21st and will be held thereafter the third Monday of every month at 7:00 P.M. Item 24: The Planning and Zoning Board has made an additional recommendation September 3, 1981 Status Report Page Nine to the City Council for amending the District Regulations of the Zoning Ordinance in regards to a permitted use in an industrial district. In an industrial district, it is permitted to establish wholesale, warehouse, storage or distribution facilities including bulk storage of flammable liquids. The Planning and Zoning Board is recommending the Council adopt an ordinance amending the zoning ordinance to remove this item as a permitted use and provide for it as a special exception to be granted only after a public hearing due to the hazardous nature of the materials involved. If the Council deems it appropriate, they may adopt the ordinance on first reading at the meeting on Tuesday night and set it for public hearing and final hearing at the first meeting in October, which would be October the 13th. Richard C. Fellows RCF /mh