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1998-06-09 Regular Meeting542 �.0 E +��Ot KEc� z �r `t0g10* Irf CALL TO ORDER: - Mayor: June 9, 1998, City Council Regular Meeting, 6:00 p.m. Il. OPENING CEREMONIES: Invocation offered by Chaplin Wismael Sanchez; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES -City Clerk. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the June 9, 1998 Regular City Council Meeting to order at 6:00 p,m, Chaplin Sanchez offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 8 A. Motion to dispense with the reading and approve the Summary of Council Member Watford moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of May 19,1998. Regular Meeting of May 19,1998; seconded by Council Member Markham. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 543 JUNE 9,1998 - REGULAR MEETING - PAGE 2 OF 8 V. WARRANT REGISTER - City Administrator. A. Motion to approve the May 1998 Warrant Register, General Fund Council Member Watford moved to approve the May 1998 Warrant Register, General Fund one hundred ninety-seven $197,961.97 and Public Facility Improvement Fund $12,060.00. thousand, nine hundred sixty-one dollars, ninety-seven cents ($197,961.97) and Public Facility Improvement Fund 4 twelve thousand, sixty dollars ($12,060.00); seconded by Council Member Oliver. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. VI. AGENDA -Mayor. Mayor Kirk asked whether anyone had requests for addition's, deferral's or withdrawal's of items on today's agenda. A. Requests for the addition, deferral or withdrawal of items on11 today's agenda. Mayor Kirk added new business item "F" to discuss 525 Fund. VII. PRESENTATION OF CERTIFICATE OF APPRECIATION -councilman Watford. Council Member Watford stated that in the recent past the City has been very good at recognizing employees as they A. Certificate of Appreciation to Lorena Spivey, City Clerk, (Retired). retire. However, when Mrs. Spivey retired in 1973, they did not give her due recognition. He thanked City Clerk Bonnie Thomas for her help in getting this certificate together and for the research on Mrs. Spivey's tenure. Mrs. Spivey held the office of City Clerk from January 1, 1945 through September 28, 1973, a total of twenty-eight years and nine months. Due to Mrs. Spivey's failing health she was unable to attend tonight's meeting so Council Member Watford will deliver the certificate to her on behalf of the City. Mayor Kirk read the entire certificate for the record as follows: "Lorena Spivey, City Clerk, (Retired), In appreciation and recognition of your many years of service to the City of Okeechobee as City Clerk, we wish to express to you our gratitude for the loyalty, preserverance and dedication shown by you during your tenure in Local Government. You have been an inspiration to those who have had the pleasure of serving with you and you have set the standard of a trustworthy public servant for those who have endeavored to follow after you. We who currently serve in the government of this great City of Okeechobee wish to express to you our understanding of the meaning of service to ones community and the unyeilding sacrifices it demands on those who are chosen to serve it. We appreciate the honor of having your unwaivering professionalism as a fact of record and for the sharing of your heart with us as well. You have been and will always remain an asset to the Office of City Cleric and to the community you have served so well. Presented By The City of Okeechobee." 544 JUNE 9,1998 - REGULAR MEETING - PAGE 3 OF 8 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:07 p.m. A. 1. a) Motion to read by titre only, proposed Ordinance No. 714 Council Member Chandler moved to read by title only, proposed Ordinance No. 714 amending the City General amending the City General Employee's and OUA Employee's and OUA Employee's Retirement System; seconded by Council Member Oliver and Markham Employee's Retirement System - Pension Board Chairman and Finance Liaison (Exhibit 1). A. 1. b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. A. 1. c) City Attorney to read proposed Ordinance No. 714 by title Attorney Cook read proposed Ordinance No. 714 by title only as follows: "An Ordinance of the City of Okeechobee, only Florida amending and restating the City of Okeechobee General Employee's and Okeechobee Utility Authority Employee's Retirement System; Providing for severability of provisions; Repealing all Ordinances in Conflict Herewith and Providing an Effective Date." A. 2. a) Motion to adopt proposed Ordinance No. 714. III Council Member Chandler moved to adopt Ordinance No. 714; seconded by Council Member Markham. A. 2. b) Comments or questions from the Public. Mayor Kirk asked whether anyone from the public had any questions or comments, none were stated. Mr. L.C. Fortner, Chairperson of the Pension Board addressed the Council stating, each member should have received a memorandum Monday outlining a revised request from the Pension Board. Based on the discussion during the May 19 meeting the Pension Board requesed that the Council amend the current ordinance to reflect the following changes: Retire after thirty years of service regardless of age. Normal Retirement at age 65 with at least five years of service. Early Retirement between the ages of 55 and 65 with at least ten years of service with a reduction of 2.0 percent per year. Increase retirement benefit from 2.0 percent multiplier to 2.10 percent multiplier times years of service times average of last five years salary. Contribute 2.9 percent of payroll. These changes can be funded with no increase in contributions by the City or OUA. Mayor Kirk and Councilmembers discussed the Pension Board's proposed changes tothe current General Employees' Pension Ordinance with Mr. Fortner. Council Member Markham commented that the Pension Board is appointed by the Council and they are basically their own entity and they have an obligation to do what is best for the pension fund. These requested changes are what they have come up with and since it is at no additional cost to the City he recommended that the Council approve their request. JUNE 9,1998 - REGULAR MEETING - PAGE 4 OF 8 545 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Comments or questions from the Public continued A. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. UNFINISHED BUSINESS. A. Discuss curfew Ordinance - City Attorney. Discussion ensued. Mayor Kirk stated he did not have a problem with the proposed changes presented in the memorandum, (Agenda Exhibit #1). Council Members Markham and Chandler withdrew their motion from the floor. Council Member Chandler then moved to adopt Ordinance No. 714 with amendments as follows: Retire after thirty years of service regardless of age Normal Retirement at age 65 with at least five years of service. Early Retirement between the ages of 55 and 65 with at least ten years of service with a reduction of 2.0 percent per year. Increase retirement benefit from 2.0 percent multiplier to 2.10 percent multiplier times years of service time average of last five years salary. Contribute 2.9 percent of payroll. Motion seconded by Council Member Markham. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Oliver commented that three years ago the multiplier increased to 2.0 percent and he felt the 2.10 percent was generous and in three years he hoped the Pension Board would not be asking for another increase in the multiplier. Council Member Watford stated that he agreed. Mayor Kirk closed the Public Hearing at 6:43 p.m. Attorney Cook advised the Council that he has continued to research cases in the State of Florida involving curfew ordinances that were challenged in a court of law and in every case the ordinance was deemed to be a violation of the first amendment There were some cases won in other States. He recommended that unless the City can demonstrate with Police Department statistics that there is a problem, the City should not adopt an ordinance mandating curfews for minors. Council Member Oliver asked about Ft. Pierce and Vero Beach's curfew ordinances. Attorney Cook replied that their ordinances have not been challenged. The City could adopt one and until it was challenged we would be okay. However, he felt it was his duty to caution the Council that if one was adopted there would also be that possibility (Of being challanged). 546 JUNE 9,1998 - REGULAR MEETING - PAGE 5 OF 8 IX. UNFINISHED BUSINESS CONTINUED. A. Discuss curfew Ordinance continued. Mayor Kirk stated that since he brought this subject up, based on Attorney Cook's recommendation he would suggest the Police Department continue to keep records, data and statistics on the activities of minors within the City and the City Council will review that information and may readdress the issue in a few months. Council agreed. B. Schedule a workshop with the Building Department Staff to After reviewing the calendar for June and July, Council scheduled a workshop with the Building Department Staff complete final draft of proposed Land Development Regulations - for Thursday, July 30,1998 at 6:00 p.m. to review the final draft of the Land Development Regulations. Mayor (Exhibit 2). C. Discuss signage agreement between the City and Village Square Attorney Cook advised that he faxed a letter to Janice Brown (owner of Village Square) attorney requesting the Restaurant - City Attorney (Exhibit 3). agreement by tonight's meeting. He then asked permission from the Council to send one more letter requesting the agreement or the City will withdraw their offer. Council agreed. X. NEW BUSINESS. A. Consider Street Closing Application No. 49 submitted by John's Mr. John Oceipka and Attorney Jerald Bryant addressed the Council concerning Street Closing Application No. 49, Mr. Auto Electric to close Southwest 12th Avenue from State Road 70 Oceipka and Ms. Dietrich own the property along the first block of Southwest 12th Avenue and are requesting the City West to Southwest 2nd Street - City Clerk (Exhibit 4). close that part of the street Mr. Oceipka operates John's Auto Electric on Lots 10 to 13 in Block 3, Southwest Addition and has plans to add additional buildings onto the property. 12th Avenue is an unpaved road in the City. On the West side of the Avenue is a large County drainage ditch. The City cannot pave the Avenue by specifications unless the County will culvert and cover the ditch. The Avenue is used frequently and Mr. Oceipka has a problem with the dirt that is blown into his business by the traffic. Cars that are parked outside after hours are also being damaged. Closing part of the street was one of the alternatives the City gave Mr. Oceipka. Council Member Markham stated he was contacted by a citizen concerning the people who live in the trailer park in the County and that they use the Avenue to walk down to get to State Road 70. Mr. Oceipka stated he would not have a problem granting an easement for pedestrians to travel through there. Council Members Watford and Oliver were still not convinced the City could not pave the Avenue. There are other streets within the City and in the County that are not up to specifications and that do not have guardrails next to deep ditches. Following a lengthy discussion Council Member Watford moved to instruct Public Works Director Elders to obtain quotes to pave the street as it is Administrator Bradshaw is to contact Florida Power and Light to research what would be done to move the power poles And also have the Attorney draw up the appropriate ordinance to close the street should paving it not be cost feasible; seconded by Council Member Oliver. DUNE 9, 1998 - REGULAR MEETING - PAGE 6 OF 8 547 ._.A X. NEW BUSINESS CONTINUED. A. Consider Street Closing Application No. 49 submitted by John's Auto Electric to close Southwest 12th Avenue from State Road 70 West to Southwest 2nd Street continued. B. Consider action to appoint five members to the Board of Adjustment - City Clerk (Exhibit 5). Vote on motion is as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council instructed Clerk Thomas to ask the Code Enforcement Board if they would temporarily serve as the City's Board of Adjustment and Appeals only until the City can adopt the Land Development Regulations. C. Consideration and action to approve an extension of the current Mr. Craig Ahal of Waste Management, Inc. addressed the Council thanking them for their statements made at the City - Solid Waste Collection Agreement between the City and L.P. County Joint Workshop concerning the Request For Proposals (RFP) on Solid Waste Collection. He is requesting an Sanitation (a division of Waste Management, Inc. of Florida) - Craig extension of the existing contract from July 7,1998 to September 30, 1998, to give the City and Waste Management Ahal (Exhibit 6). Staff time to negotiate a new contract for the City. Also needed is a letter of intent from the City to Waste Management Inc., to honor the RFP for a seven year contract. Council Member Oliver moved to extend the contract until September 30,1998, submit a Letter of Intent for a seven year contract with Waste Management with possible modifications to the RFP; seconded by Council Member Markham. Council wanted to make sure that Mr. Ahal understands the Letter of Intent in no way guarantees 100 percent that the City will enter into the seven year contract Mr. Ahal stated that he understood, but that the letter helps him to submit purchasing requests for the new trucks and equipment used to provide the City's service. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. s JUNE 9,1998 - REGULAR MEETING - PAGE 7 OF 8 X. NEW BUSINESS CONTINUED. D. Approve a settlement between the City and Mrs. Bryant in the amount of $5,000.00 - Council Member Markham (Exhibit 7). On June 18,1996 the City Council approved a sidewalk construction contract to install sidewalks along Southwest 5th Avenue from 15th Street to 21 st Street and Southwest 21 st Street from South Parrott Avenue to 7th Avenue. Following survey's of property in the area it was discovered that Southwest 21 st Street does not follow the arc of the street and some of the property owners have a street encroaching on their property. On August 20, 1996, Council agreed to let Mr. Phil Berger of Caldwell Real Estate work on this project as an in -kind gesture and get copies of everyone's surveys in order to have the correct paperwork drawn up to clear up this matter. Council was presented at the July 1, 1997 meeting with a proposal to purchase .179 acres from Mary Ann Bryant at an appraised cost of $11,695.00. Council felt this figure was too high and instructed Attorney Cook to negotiate a price with Mrs. Bryant. Mrs. Bryant has agreed to a selling price of $5,000.00. Mr. John E. Burdeshaw submitted a letter to Attorney Cook on her behalf. Council Member Markham moved to approve a settlement between the City and Mrs. Bryant in the amount of $5,000.00 to purchase the 179 acres along Southwest 21 st Street, that the sidewalk be installed and Attorney Cook draw up the necessary papers; seconded by Council Member Oliver. This will clear up any boundary disputes along this property. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. E. Consider Alley Closing Application No. 50 submitted by Attorney Cook advised the Council that due to recent discussions between Sprint and Westco Development it appears Okeechobee Development I, Inc., to close the East-West Alley they have come to some type of an agreement to move Sprints lines through the alley. They now are ready to proceed located in Block 155, City of Okeechobee - City Clerk (Exhibit 4). with closing the East/West alleyway in Block 155, City of Okeechobee. Council Member Markham moved to instruct Attorney Cook to draft the appropriate ordinance closing the Alley as stated in Application No 50 and bring it back to the Council for first reading at the July 14,1998 meeting; seconded by Council Member Oliver. Council Member Watford stated he would have to abstain from voting on the matter. JUNE 9,1998 - REGULAR MEETING - PAGE 8 OF 8 549 Al ►A NEW BUSINESS CONTINUED. E. Consider Alley Closing Application No. 50 submitted by Okeechobee Development I, Inc., to close the East-West Alley located in Block 155, City of Okeechobee continued. F. Motion to authorize an expenditure of $5,837.00 from 525 Emergency and Disaster Relief Services Fund for Hurricane Protection - Fire Chief (Exhibit 9). XI. ADJOURN REGULAR MEETING - Mayor. 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 ing•is made, which record includes test and evidence upon a.Jerbetini record of the proceed which the appeal is to be based. ATTEST: JAMES E. KIftK, MAYOR ,`7 BONNIE S. THOMAS, CIVIC, CITYZI-ERK There being no further discussion, the vote on the motion was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - ABSTAINED MOTION CARRIED. Fire Chief Tomey reported in Exhibit Nine that the City, together with the County received a grant from the Department of Emergency Management. The City's portion is twelve thousand, five hundred dollars ($12,500.00). This money is to be used for hurricane protection for the City Hall and Public Safety Buildings. The quote from H and H Aluminum to provide shuttering on all openings at both buildings is eighteen thousand, three hundred thirty-seven dollars ($18,337.00). This expenditure is budgeted in 525 Emergency and Disaster Relief Services Fund. The City Staff budgeted forty-five thousand dollars ($45,000.00), however, now with the grant, the balance of five thousand, eight hundred thirty-seven dollars ($5,837.00) is all that will be necessary. Council Member Watford moved to authorized the expenditure of $5,837 00 for hurricane protection shuttering for the City Hall and Public Safety Building and accept the $12,500 00 grant from Okeechobee Coun Department of Emergency Management; seconded by Council Member Oliver. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the June 9,1998 meeting at 7:53 p.m.