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1980-01-08 Regular Meeting the Highway 441 South road project. The plans, drafts, etc. are available for inspection at the D.O.T. office '~ in Fort Lauderdale on dates stated in the letter. ~i- DISBURSEMENTS Water & Sewer Operation & Maintenance $36,424.41 Water & Sewer System Revenue Fund $1,983.32 Water & Sewer Revenue Fund $448,464.05 Cigarette Tax Fund $135,000.00 Anti-Recession Fund $2.02 General Fund $51,517.74 ADJOURNMENT There being no further business, the Meeting adjourned at 10:55 P.M. Edward W. Douglas '~J President City Coun~/il City of Okeechobee ATTEST: ~onnie S. Thomas City Clerk City of Okeechobee TUESDAY~ JANUARY 8, 198~ FIRST REGULAR MEETING The City Council of the City of Okeehcobee, Florida, convened in a Regular Meeting in the Council Chambers, City Hall, Okeechobee, Florida, at 7:00 P.M., Tuesday, January 8, 1980. President Edward W. Douglas presiding. Councilmen Oakland Chapman, Lytle Raulerson, Donald Burk and Jim Knight were present. Others present were Bonnie S. Thomas, City Clerk; David Conlon, City Attorney; L.C. Fortner, Jr., Director of Public Works; Keith Tomey, Fire Chief; Larry Mobley, Police Chief and Sylvia Christian, Deputy Clerk. ° The Invocation was offered by Councilman Jim Knight 80-1 APPROVAL OF MINUTES With no corrections, additions or deletions needed, Councilman Burk moved to approve the minutes of the December 11, 1979, meeting as presented, seconded by Councilman Raulerson, vote carried. PUBLIC HEARING 80-2 REZONING REQUEST - LOWRY MARKHAM SECOND AND F~NAL HEARING 2569 President Douglas presented for second and final hearing the rezoning request of Lowry Markham. President Douglas read by title only the Amendment to Zoning Ordinance #402 as follows: 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 CLASS- IFICATION OF SPECIFIED LAND FROM HOLDING TO RESIDENTIAL, MOBILE HOME AND PROVIDES FOR AN EFFECTIVE DATE. There were no citizens present to object to the change, however, President Douglas presented a letter of objection from Melba Louthan and Mary Schwalbe. Councilman Knight moved to grant the rezoning request of Lowry Markham, seconded by Councilman Chapman, vote carried. 80-3 CHARLES ALLEN ROBERTSON With the passage of the Ordinance Amendment, Charles Allen Robertson request- ed water and sewer hook-up for the expansion of the mobile home subdivision. Director Fortner noted the addition would be within the capacity of the sewer plant. However, there is the problem of being some distance from the sewer. The lines will have to be extended. It should be studied and determined what size main should be used. After discussion, Council postponed a decision on this matter until Director Fortner is able to research the cost to the City. 80-4 LLOYD CHARTIER~ PORT SALERNO REALTY Mr. Lloyd Chartier of Port Salerno Realty and Lyle Thornton of Arch W. Company of St. Petersburg appeared before the Council to request water and sewer service for Block 71, City of Okeechobee. Mr. Thornton informed the Council his firm wishes to build twenty-one (21) townhouse rental units for the citizens of Okeechobee. The project will be funded by Farmers Home Association (F.H.A.). Mr. Thornton described in detail the plans for construction and noted that if by July, 1980, Federal funding has not been approved, he would return and drop the commitment for water and sewer so there would be no expense to the City. Attorney Conlon suggested Mr. Thornton deliver a site plan, in turn Conlon will draft an agreement with time limitations, capacity, etc., for Council approval. Council concurred. 80-5 BRUCE KOEBE - MORMAN CHURCH LEASE Attorney Bruce Koebe appeared before the Council representing the Morman Church in regard to a ninety-nine (99) year lease of an alleyway. Mr. Hoel, also representing the Morman Church, elaborated on the plans and reasons for requesting a lease. Mr. Hoel noted the main reason for a lease is priority of ownership. 2570 Council voiced their objections to a lease. After lenghty discussion, Councilman Burk stated he could not entertain the idea of a ninety-nine (99) year lease unless a public hearing was held. The Council expressed the desire to allow the Morman Church to pave the alleyway without entering into a lease. Mr. Hoel stated they would advise accordingly the main church in Salt Lake City then write the City Council of the next step to be taken. PLANNING BOARD RECOMMENDATION 80-6 A. REZONING REQUEST - HAYNES E. WILLIAMS President Douglas presented the Planning Board recommendation for Council to grant the rezoning request of Haynes E. Williams to rezone Lots 1 and 2, Block 217, First Addition to Okeechobee from Residential, General (RG-2) to Commercial. Councilman Raulerson moved to accept the recommendation and instruct the City Clerk to advertise for public hearing, seconded by Councilman Burk, vote carried. 80-7 CLEARWELL REPORT At a previous meeting Council discussed the feasibility of the Clearwell structure being weakened due to the cracks. As per Council.'s request the City engineering firm re-inspected the Clearwell. Also, another independent engineer- ing firm was called in to inspect it. President Douglas presented a letter from the independent firm of Sverdrup & Parcel and Associates, Inc. regarding their findings. Ralph Eng and John Robbins of Sverdrup & Parcel appeared before the Council to answer any questions, also, 1) to elaborate on the problems found, and 2) suggest a program the City may utilize to correct the problem. After lengthy discussion, Councilman Burk suggested setting up a Workshop exclusively for this matter. Council agreed, set a Workshop for Tuesday, January 15, 1980, and requested City engineer, Don Sheppard, attend. PLANNING BOARD REQUEST FOR WORKSHOP President Douglas informed the Council the Planning Board requested a Workshop to mesh the Board's job with the Council and Building Department. Attorney Conlon suggested at same Workshop possibly discuss the mobile home set backs and Ordinance #402. The Council discussed the need for several Workshops on various matters. Then set up a Workshop for Tuesday, January 29, 1980 to discuss the Fire Depart- ment merger, at which time they will set other Workshop dates. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 1) NEMEC CASE Attorney Conlon informed the Council the Nemec case which is in the Fourth District Court of Appeals, will be heard. Attorney Conlon received an order 2571 from the Appeals Court denying the motions that would dismiss the appeal. 2) DISCRIMINATION SUIT The Plaintiffs' attorney has requested by the 29th of January, 1980, the City provide him with copies of all engineering maps for water and sewer lines. FEDERAL REVENUE SHARING PresiUent Douglas inquired as to the status of the fifteen (15) day deadline for information to Federal Revenue Sharing. Attorney Conlon noted he will write a letter informing them of the City's position. ~) FIRE HYDRANT AGREEMENT Attorney Conlon informed the Council he has re-drafted the Fire Hydrant Agree- ment and sent it to the County Commissioners for approval and signatures, 5) FIRE DEPARTMENT MERGER The City and County Attorneys met for preliminary discussion on the fire department merger. It was determined both agencies are to meet in independent Workshop sessions to draft basic proposals, to be combined into one consolidation agreement. SEABOARD RAILROAD Councilman Knight requested something be done about the Seaboard Railroad crossing on Highway 441 north. He noted it is in dire need of repair. Council instructed Mayor Douglas to write a letter requesting repair, and also, suggested the County Commissioners write a similar letter. B. POLICE CHIEF 1) ACTIVITY REPORT Chief Mobley presented the Police Department Activity Report for the month of December, 1979. 2) APPLICATION FOR EMPLOYMENT Chief Mobley presented an application for employment of Dexel W. Brock as patrolman and recommended approval. Chief Mobley noted Brock is a member of the Police Auxiliary. Councilman Burk recommended that future job openings be advertised in the Okeechobee News, stipulating the fact that the City is an ?Equal Opportunity Employer". Council concurred. Councilman Chapman moved to hire Dexel W. Brock as patrolman, non-certified, with beginning salary of Ten Thousand Four Hundred Dollars ($10,400.00), seconded by Councilman Burk. There was brief discussion on the newly adopted handbook requiring advertis- ing of job openings. It was determined that this person could be hired because of an emergency situation, without advertising. President Douglas called for a vote. Councilmen Chapman and Burk voted yes, Councilman Raulerson opposed. President Douglas voted yes, motion passed. Councilman Knight had left the meeting prior to this. 2572 C. FIRE CHIEF 1) ACTIVITY REPORT Chief Tomey presented the Fire Department Activity Report for the month of December, 1979. D. DIRECTOR OF PUBLIC WORKS 1) APPLICATION FOR EMPLOYMENT Director Fortner presented an application for employment of Richard Clayton Morrison and recommended he be hired as a Water Plant Operator. Director Fortner noted the job opening was properly advertised. Councilman Chapman moved to hire Richard Clayton Morrison, Water Plant Operator, at a beginning salary of Eight Thousand Nine Hundred Sixty-Five Dollars ($8,965.00), seconded by Councilman Raulerson, vote carried. 2) HIGHWAY 70 EAST Director Fortner brought the Council up-to-date on the status of the ex- pansion of Highway 70 East and Highway 441 South. 80-8 3) 201 FACILITY PLAN Director Fortner informed the Council the Frederick Bell Engineering firm telephoned regarding the 201 Facility Plan. The plans and specifications are complete, and they request a Workshop to discuss this and finalize the matter. The Council agreed to set a Workshop date at a later meeting. 4) ACTIVITY REPORT --~ Director Fortner presented the Water, Sewer and Street Departments Activity Reports for the month of December, 1979. E. CITY CLERK 1) PARTIAL PAYMENT REQUEST #1 - LEGGETT LIFT STATION Clerk Thomas presented Partial Payment Request #1 for Leggett Lift Station, in the amount of Twenty-Four Thousand Eight Hundred and 85/100ths Dollars ($24,800.85) which has been approved by engineer Jim Broome. Councilman Raulerson moved to grant payment as stated above, seconded by Councilman Chapman, vote carried. 2) PLANNING BOARD MINUTES Clerk Thomas requested clarification on the need for Council to approve or disapprove the minutes of the Planning Board. Attorney Conlon advised the Board's minutes are only a matter of record of meetings held. The Planning Board has no executive powers, therefore there is no need for Council approval. 3) BUILDING OFFICIAL Clerk Thomas requested that the Building Official report to the Clerk's office periodically for messages. Clerk Thomas inquired as to the status of Mr. Wells for payroll purposes. Councilman Raulerson advised the Council Mr. Wells is a temporary employee until Mr. Spray is able to return, at which time Councilman Raulerson will 2573 investigate the need for extra help. Mr. Wells is to be paid as in the past with the addition of the car allowance. OKEECHOBEE COUNTY LIBRARY Clerk Thomas presented a letter from the Okeechobee County Library thanking the City Council for their donation. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS 1) CHAPMAN - CO-SIGNER President Douglas appointed Councilman Oakland Chapman as co-signer for Councilmen Raulerson and/or Douglas. 80-9 2) CITY HALL PROPERTY President Douglas informed the Council that Mr. R.E. Hamrick, Sr. expressed the desire to sell the City Hall property to the City of Okeechobee for Four Thousand Dollars ($4,000.00), to be taken out of the donation to the public library. Mr. Hamrick in turn will donate the Four Thousand Dollars ($4,000.00) back to the library with the specifications the money be used to purchase children's Bible story books. Council discussed the legal steps needed to be taken and the additional costs for documentary stamps, appraisals, recording, etc. that will occur. The Budget will have to be amended to create a line item for the land purchase. Councilman Burk moved to approve the offer as specified by R.E. Hamrick, Sr. for a purchase price of Four Thousand Dollars ($4,000.00) plus additional costs, seconded by Councilman Chapman, vote carried. Councilman Burk then moved to carry out the proper legal procedures as stated by City Attorney Conlon, seconded by Councilman Raulerson, vote carried. B. DONALD BURK Councilman Burk, as requested by the Trinity Church pastor, asked the Council if it would be permissable to use a trailer as an office behind the church. Council instructed President Douglas to research the Ordinance then advise the Trinity Church of his findings. C. LYTLE RAULERSON Councilman Raulerson informed the Council a gentleman in New York has been issued a citation/clean-up letter for property on Southwest 10th Avenue and Third Street. He refuses to comply and will go to court if necessary because the adjoining property is in the same condition and has not been served. Councilman Raulerson noted there is a need for uniformity of issuing clean-up orders. Otherwise~ the ordinance becomes uninforceable. 2574 DISBURSEMENTS Water & Sewer Revenue Fund $533,525.51 Water & Sewer System Bond & Interest Sinking Fund $24,050.00 Water & Sewer System Fund $2,242.79 --~ Water & Sewer Operation & Maintenance $40,387.64 Anti-Recession Fund $2,083.42 I & S Refunding Bonds $100,104.2~ Payroll Account $3,858.29 Cigarette Tax Fund $285,042.61 General Fund $55,002.43 ADJOURNMENT There being no further business the meeting recessed at 11:45 ?.M., until Workshop Session, January 15, 1980. Edward W. Douglas Chairman City Council City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee RECESSED MEETING TUESDAY~ JANUARY 15~ 1980 The members of the City Council for the City of Okeechobee, Florida, met --~ in recessed session on Tuesday, January 15, 1980, at 7:00 P.M. Chairman Edward W. Douglas presided with the following members present: Councilman Lytle Raulerson, Councilman Donald Burk, Councilman Oakland Chapman, and Councilman Jim Knight. Also present were City Attorney David Conlon and City Clerk Bonnie S. Thomas. Others present were L.C. Fortner, Jr., Director of Public Works and Ron Dixon, Engineer from Robert E. Owens and Associates, representative for the City Engineer. 80-7 CLEARWELL Chairman Douglas called the meeting to order and welcomed Mr. Ron Dixon, engineer from Robert E. Owens and asked him to come up and lead the discussion concerning problems with the City's new clearwell. Mr. Dixon told the Council that the engineers had reviewed the letter containing the findings of the Sverdrup Engineering Company and had two questions they would like to have answered. One of testing proceedures the other was cost of repairs. Dixon stated he felt that if the Clearwell was put into operation and checked periodically for corrosion it could be repaired or patched. However, he further stated that he could see nothing wrong with more testing if the Council was so inclined and felt that perhaps it would be a good idea. Attorney Conlon asked Mr. Dixon if he would recommend that the Council accept the tank right now and pay final payment to the contractor? Dixon said