1996-01-09090
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on January 9, 1996 at 7:00 p.m.
B. Invocation offered by Reverend Hart;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Michael G. O'Connor
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
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Mayor Kirk called the regular meeting to order on January 9, 1996 at 7:00 p.m.
Dowling R. Watford, Jr. offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
D. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with reading and approve the Summary
Council Action for the City/County workshop of November 16th and of Council Action for the City/County workshop of November 16th and the regulp
the regular meeting of December 19, 1995. meeting of December 19, 1995; seconded by Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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JANUARY 9, 1996 - REGULAR MEETING - PAGE 2 OF 9
E. 1. Motion to approve Warrant Registers for November, 1995 in Council Member Watford moved to approve Warrant Registers for November, 1995 in
the amount of $258,619.91. the amount of two hundred fifty-eight thousand, six hundred nineteen dollars, ninety-one
cents ($258,619.91); seconded by Council Members Oliver and Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL Mayor Kirk asked if there were any additions, deferral's or withdrawal of items for today's
OF ITEMS ON TODAY'S AGENDA. agenda, Council received a copy of a final pay request to Better Roads, Mayor Kirk
added this as item number five under new business.
F. NEW BUSINESS
Presentation of Proclamation - Mayor Kirk. Mayor Kirk asked if there was anyone present to receive the Proclamation for "True Love
Waits"? There was no one present, Administrator Drago is to forward the proclamation
to the appropriate person.
2. Discuss Code Enforcement - Ms. Marsha Montesi (Exhibit 1) Marsha Montesi, Chairperson of the City's Code Enforcement Board approached the
podium and explained to the Council that the Code Board members want to know what
their purpose is. In Exhibit one, is a list of violators that have had liens put against their
property and fines assigned since 1990, the people will not pay the fines, do not show
for the meetings, and the Code Board needs to know what to do.
Attorney Cook advised that the City Council can foreclose on the property if the liens are
not paid within six months, however, the Council voted one time before not to do that.
Council Member Watford stated that he thought the Code Board just being there helped
because the majority of the people will bring their property in compliance; and that the
Code Board does serve a good purpose and serve the City well. He then asked if the
Council could be selective on what they foreclosed on?
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JANUARY 9, 1996 - REGULAR MEETING - PAGE 3 OF 9
F. NEW BUSINESS
2. Discuss Code Enforcement continued. Attorney Cook advised that the Council had voted not to foreclose on properties. He also
advised that with the City now having a building department, the Code Board will be
hearing more cases on building codes etc.
Council Member Watford then asked Mrs. Montesi if there were any specific property
owners on the list that the Board would foreclose on first. Mrs. Montesi responded all of
them.
Mayor Kirk interjected that it might be time the City sent a message; Council Member
Oliver commented that he agreed with Mayor Kirk.
Council Member Watford suggested the Code Board look at these properties and let the
Board recommend to the Council which one's to foreclose on, then the Council will vote
on them. Council concurred.
Mrs. Montesi then requested that the rule that you must leave your name to call in a
possible code violation be changed because the number of call -ins have decreased
since the Council made it mandatory to give your name. The Council felt a name should
be given because the reason for changing it was neighbors were being a nuisance to
each other and people were riding around in all areas of the City and making a list of
areas they thought were out of compliance and calling those areas in. However, the
Council did not realize the person's name was on the form that was sent to the violator.
Council agreed that the complainants name could be left off the form but if someone
called and wanted to know who reported them, the City would have to tell them.
Mrs. Montesi thanked the Council for their time and attention to this matter.
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JANUARY 9, 1996 - REGULAR MEETING - PAGE 4 OF 9
F. NEW BUSINESS
3. Motion to approved a Continuing Professional Services Mayor Kirk asked Administrator Drago if he wanted to address the Council on this item.
Contract with H.L. Bennett & Company - City Administrator Administrator Drago began by stating the proposed contract is basic and similar to the
(Exhibit 2). current continuing services contract the City has with Lawson, Noble and Webb. Attorney
11 Cook has reviewed it and made one change.
Council Member Oliver asked how the retainer would be paid and how are the hourly
rates going to be billed to the City? Administrator Drago responded that the retainer of
fifteen thousand per year would be billed monthly to the City. The hourly rates are those
in Section One only of the proposed rate resolution. All other sections are flat fees that
would be paid to Mr. Bennett.
Council Member O'Connor asked Mr. Bennett if his inspectors were licensed? Mr.
Bennett replied that he will be doing the inspections himself at first; plans will be
reviewed by his assistant, but he will have the appropriate certified personnel on staff by
the 1998 deadline as outlined in the Florida Statute.
The following questions were asked by Council Member Watford:
In the scope of services one of the items is an "EAR Analysis", and asked Mr. Bennett
what that was. Administrator Drago explained it is the Evaluation Analysis Report that
the Comprehensive Plan states the City will do every so many years.
An example of page two, paragraph number five of the proposed contract would be if Mr.
Bennett is in the middle of doing a project, and the City tells him to stop it, the City will
still pay him for that project? Administrator Drago responded, yes.
On page three, paragraph "E", Mr. Bennett can use sub -contractors? Administrator
Drago responded, yes.
On page five, paragraph "J", Mr. Bennett's firm can be held liable? Administrator Drago
answered yes. Council Member Oliver asked if the City could still be sued, Attorney
Cook responded yes.
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JANUARY 9, 1996 -REGULAR MEETING -PAGE 5 OF 9
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F. NEW BUSINESS
3. Motion to approved a Continuing Professional Services
Council Member Watford asked Administrator Drago to explain the fees. Administrator
Contract with H.L. Bennett & Company continued.
Drago explained, fifteen thousand dollars, annually for retainer to take care of
miscellaneous phone calls and other items will be paid monthly. Anything performed in
Section One of the proposed rate resolution is by the hour. Anything done in Section Two
through Four of the resolution whatever fee is there, that is what Mr. Bennett gets, those
are total fees. In Sections Five through Seven, if there is no inspection required, there
is no fee.
Council Member Oliver asked how these fees compare to the County's? Administrator
Drago responded that they got from the County Planning and Development Department
a list of all fees paid to them for City projects and they averaged them out. Last year they
received forty-seven thousand dollars ($47,000.), in fees just for City projects. He and
Mr. Bennett also called surrounding Cities to see what their rates were to come up with
this average.
Council Member Watford commented that when he first read through this information he
thought the fees were high, however, after speaking with the County staff it appears that
they are not.
Council Member O'Connor asked, if someone comes in and wants to put a fence up, it
is not going to be an outrageous cost or take three days to get a permit is it? Administra-
tor Drago and Mr. Bennett explained their goal was to keep everything simple.
Something like a fence or simple sign permit can be handled by staff that day. The intent
is to keep things easy and nice and anything that can be handled in-house will be done
in-house.
Council Member Watford asked Mr. Bennett about his availability to the public? Mr.
Bennett stated that he was one hour away. Has obligated his company to a twenty-four
hour turn -a -round after an inspection is called -in. He did not see why, if someone called
him he could not meet with them within twenty-four to forty-eight hours. However, he did
not expect to maintain an office in Okeechobee. In response to several other questions
by Council Member Watford, Mr. Bennett stated that if the Council decided to postpone
making a decision on the contract for two weeks the only problem would be the time
needed to set up the department to have it in working order, forms ready, software
purchased, installed and bugs worked out before the take-over date of February 1st.
JANUARY 9, 1996 - REGULAR MEETING - PAGE 6 OF 9
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F. NEW BUSINESS
3. Motion to approved a Continuing Professional Services
Contract with H.L. Bennett & Company continued.
He did not have a problem with only doing the planning and zoning portion of the
contract should the City come up with a better solution to handel the building part,
unless of course it was close to the 1998 deadline and he had his inspectors on staff by
then for the sole purpose of the building portion.
Mayor Kirk asked if there were any questions or comments from the public?
Mr. Tom Murphy, of the Okeechobee Contractors Association approached the podium
addressing the Council stating that Mr. Bennett had already answered quite a few of his
questions. He asked that the Council look closer at Mr. Bennett having an office in
Okeechobee, and asked if he would be willing to install a 1-800 number? Mr. Bennett
commented that he would not be against installing a 1-800 number. Council Member
O'Connor also suggested a set-up similar to Florida Power and Light, a local number
could be installed, but rings long distance with out charge to caller.
Mr. Murphy stated the Contractor's Association had not seen a list of the rates and
requested a copy of the proposed fees. And then asked what is going to happen to
unfinished inspections and permits after February 1 st, that have been started in the
County? Administrator Drago responded that he spoke with the County and any permits
started prior to February 1 st the County is supposed to continue until inspections are
done and everything is okay, and the County will receive the monies for those permits.
However, if the City ends up having to finish it out and do the inspection, the City will
receive the monies.
Mr. Murphy asked if any other Cities were doing what is proposed here? Administrator
Drago advised that Okeechobee is the first.
Mr. Murphy then asked if "Request For Proposals" were sent out, was a workshop ever
held for the Council to discuss this and did any one sit down with local contractors in the
City and get input from them? Administrator Drago responded no to all the questions and
that the City will be following the same codes as the County does.
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JANUARY 9, 1996 - REGULAR MEETING - PAGE 7 OF 9
F. NEW BUSINESS
3. Motion to approved a Continuing Professional Services Mr. Murphy asked, the clerk's are going to issue permits? Administrator Drago answered,
Contract with H.L. Bennett & Company continued. only the cut and dry ones. He then asked for Mr. Bennett's qualifications, Administrator
Drago stated he was an engineer and land surveyor.
Council Member Watford moved to approved a Continuing Professional Services
Contract with H.L. Bennett, Inc.: seconded by Council Member O'Connor.
Council Member Watford commented, under the circumstances this seems the best thing
to do, it is flexible and if something better comes along, we can terminate the contract
within thirty days and it is the least expensive.
Council Member Oliver stated that he agreed with Council Member Watford and that the
City needs to work harder with the County, he thought the projected forty-seven thousand
dollars in collected fees from this department should go to the County and not an out of
town business, however, this was the only way now.
Mayor Kirk commented that he thought this was a good way to provide this service and
Administrator Drago did a fine job.
Vote on motion is as follows:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
4. Motion to adopt Resolution 96-1 - City Administrator (Exhibit Council Member O'Connor moved to adopt proposed Resolution No. 96-1; seconded by
3). 111 Council Member Watford.
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JANUARY 9, 1996 - REGULAR MEETING - PAGE 8 OF 9
NEW BUSINESS
4. Motion to adopt Resolution 96-1 continued. Attorney Cook read proposed Resolution No. 96-1 by title only as follows:
"A RESOLUTION ESTABLISHING A SCHEDULES OF RATES, FEES, AND CHARGES FOR COMPREHENSIVE
PLAN AMENDMENTS, ZONING, VARIANCES, SPECIAL EXCEPTIONS, APPROVAL (CONDITIONAL AND FINAL)
OF PRELIMINARY PLAT AND CONSTRUCTION PLANS, BUILDING CONSTRUCTION SERVICES, AND OTHER
MISCELLANEOUS SERVICES; PROVIDING FOR AN EFFECTIVE DATE
Administrator Drago explained that permits are not transferable, however, they were able
to structure the resolution that if a contractor leaves the job unfinished and it is still within
a certain amount of time the applicant would not have to pay fees for new contractor.
The permits fees are refundable only if there is no construction started within three
months. If no construction has started after six months the permit can be extended for
a twenty-five dollar ($25.00) fee. They will be flexible with remodeling.
Council Member Watford clarified that if the City Council initiated a Comprehensive Plan
change, the fees would come from Section One of the resolution and the City would be
responsible for those fees? Administrator Drago answered yes.
Vote on motion is as follows:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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JANUARY 9, 1996 - REGULAR MEETING - PAGE 9 OF 9
F. NEW BUSINESS
5. Motion to approve a final pay request to Better Roads in the Council Member Watford moved to approve a final pay request to Better Roads of Lake
amount of $59,963.57 - Public Works Director (Exhibit 4). Placid Inc For the amount of fifty-nine thousand, nine hundred sixty-three dollars, fifty-
seven cents ($59 963 57) for `95 Road Improvements as recommended by Engineer
Kafer of Lawson Noble & Webb-, seconded by Council Member Chandler.
ADJOURNMENT - Mayor Kirk.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision
made by the City Council with respect to any matter considered at this meeting, he/she may
need to insure that a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be bas tape recording of this
meeting is on file in the City Clerk's Office.
ames E. Kfrk, Mayor
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
Public Works Director Elders advised this is everything including the retainer.
Council Member Oliver commented that the cover memorandum for this pay request
says there will not be a January 16th meeting. Administrator Drago responded that
unless something comes up for the agenda there will not be a meeting.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:21
p.m.
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