Loading...
1980-01-22 Regular Meeting2576 this time. It was expressed unanimously that further study will be sought. Ron Dixon advised the Council to do as it felt necessary. 201 FACILITY PAYMENT #8 --~ 201 Facility Plan payment #8 was discussed. It was agreed to postpone payment at this time. 80-10 OKEEAIRCO. Council to study the issue of the OkeeAirCo rate increase before the next meeting. ADJOURNMENT It being the hour of 9:30 P.M., Chairman Douglas called for a recess of the meeting until next regular meeting of January 22, 1980, at 7:00 P.M. Edward W. Douglas ~ Chairman City Council City of Okeechobee ATTEST: go~nie S. Thomas City Clerk City of Okeechobee SECOND REGULAR MEETING TUESDAY~ JANUARY 22~ 1980 The City Council of the City of Okeechobee, Florida, convened in Regular Session in the Council Chambers, City Hall, Okeechobee, Florida, at 7:00 P.M., Tuesday, January 22, 1980. President Edward W. Douglas presiding. Councilmen Oakland Chapman, Jim Knight, Donald Burk and Lytle Raulerson were present. Others present were: Bonnie S. Thomas, City Clerk; David Conlon, City Attorney; Donald Wells, Building Official; L.C. Fortner, Jr., Director of Public Works; Keith Tomey, Fire Chief and Sylvia Christian, Deputy Clerk. The Invocation was offered by Councilman Oakland Chapman. 80-1 APPROVAL OF MINUTES Councilman Burk moved to approve the minutes of the January 8th and 15th, 1980, meetings, seconded by Councilman Raulerson, vote carried. 80-11 J.P. DELONEY - BIKE TRAILS Citizen J.P. Deloney appeared before the Council requesting bike trails in the City. Mr. Deloney noted two reasons for his request 1) to conserve energy, 2) to prevent accidents and save lives. The trails should go to each school and shopping center. 25771 Mr. Deloney also requested City water be supplied to the High School Ag barn in the near future due to the proposed addition of two new buildings at the site. 80-12 DENNIS BRADSHAW - OKEECHOBEE REHABILITATION FACILITY Mr. Dennis Bradshaw, Okeechobee Rehabilitation Facility, appeared before the Council regarding sewer hook-up for two proposed group living homes located at the northwest corner of the old hospital and Northwest 7th Street and Brd Avenue. Mr. Bradshaw presented the architect's renderings and site plans then elaborated on the proposal. Engineers for the Rehabilitation Facility, Mr. Broome and Mr. Hebel were also present to answer any technical questions the Council might have. The Council discussed the need for a lift station and the probable expansion of its use. On a project of this magnitude and without greater knowledge of the depth of the lift station, Councilman Burk suggested Director Fortner research this matter, submit a report to the Council to be discussed at a future Workshop. Council concurred. 80-10 OKEEAIRCO. - RATE INCREASE Attorney Richard M. Sauls, representing OkeeAirCo., appeared before the Council regarding a rate increase and presented a proposed Ordinance to amend Ordinance #357, Section 12. Included in the amendment is Section 2 which allows the cable company to increase rates a maximum of seven per cent (7%) per year without Council approval. Mr. Gerald Elif, Vice President of OkeeAirCo., elaborated on the proposed changes and presented a letter of reason for increase request and a financial statement. Council deemed it necessary to examine OkeeAirCo. records to support the financial statement, if the increase is justified there will be no problem granting the request, after proper proceedures are followed. Council agreed to set up a Workshop for this matter at a later date to enable them to study the situation prior to the meeting. 80-9 R.E. HAMRICK, SR. - CITY HALL PROPERTY Mr. R.E. Hamrick, Sr. and Attorney Tom Conely III were present regarding the purchase of City Hall and Fire Station property from Mr. Hamrick. Councilman Raulerson moved to issue R.E. Hamrick, Sr. a check in the amount of Four Thousand Dollars ($4,000 00) for the purchase of City Hall property ' contingent on the Warranty Deed and a commitment of Title Insurance, to be paid out of the balance of budgeted land purchase funds, seconded by Councilman Burk, vote unanimous. Councilman Burk thanked Mr. Hamrick on behalf of the citizens for being a friend not only to the Council but to the City of Okeechobee and expressed "If you search the records back you'll find his graditude. Mr. Hamrick stated, that this Uity is in just a little differentlsituation than any one that I've ever seen or heard of." He recalled the history of Okeechobee. "When this City was organized in 1912 in Jacksonville, there were only four (4) people that owned stock in it. Mr. McNeil owned one (1) share, his brother-in-law owned one (1) share, the secretary to Mr. Flagler owned eighty some odd shares. When the County was created, Mr. McNeil had moved to Fort Pierce. The Okeechobee Company had acquired from the Consolidated Land Company, who had acquired it from Mr. Flagler, bought this land and turned it over to him to create this county, back before 1917. In 1917 the County was organized. But when the Deed was turned over it only conveyed what was on top of the ground. Ail the title to all of the land and all of the City and all of its additions was retained in the Okeechobee Company. Then during the time when Okeechobee was in boom and it had been sold to Mr. Conner, Mr. Conner advertised in the Okeechobee News stating he planned to build a big hotel on the adjoining property. Mr. Highsmith and his brother-in- law, having seen that in the paper, rushed over and bought the property adjoin- ing it. Then when Mr. Conner decided that he was through with it, he threw up his hands and quit. Mr. Highsmith sued him then for his money back. He got a judgement back from them for Eighteen Thousand Eight Hundred Eighty-Six Dollars ($18,886.00). He had the judgement against the Okeechobee Company. I, (R.E. Hamrick) approached him and told him, I (R.E. Hamrick) had some interest in it and that if he was interested in selling it for the judgement, I'd buy i~. So I paid him the face of the judgement plus ten per cent (10%) interest on it, plus attorney fees and court costs which amounted to Thirty-Eight Thousand Eight Hundred Sixty-Two Dollars ($38,862.00). And on it's own strength on that transaction that I acquired the title to it. When the City then tried to take it away from me seven years later, Judge Durrance, attorney for the City at that time, advised the City that my claim to the property wasn't valid. The City started to clear some of the property. I brought a suit in the Circuit Court to eject them from the property and the Circuit Court upheld my position and said the Title on that property was listed in R.E. Hamrick and Anna B. Hamrick, his wife. They appealed that case to the Supreme Court. The Supreme Court in passing an opinion didn't think enough of it to write an opinion. They approved it and turned it back to the Circuit Court. And under that judgement I got an execution delivered. Property 2579 went up for bid. At the bidding Tom Conely II and his partner Walker Lidden; Dave McNeil; and his partner Mr. Johnson were all there and bid against me (Mr. Hamrick). I had to out bid all of them to get it." Mr. Hamrick noted this was not the first time he had given the City or County the best end of the deal. Over the years Mr. Hamrick has donated more to the City and County than most of the citizens combined. President Douglas ex- pressed his graditude to Mr. Hamrick. 80-13 GOLDEN CORRAL STEAK HOUSE Fred Schriner, general contractor for the Golden Corral Steak House, appeared before the Council and thanked the City for the friendliness and cooperation on meeting a deadline. In regard to the landscaping, Mr. Schriner assured the Council it would be completed tomorrow, January 23, 1980. Attorney Conlon protested the lack of landscaping and the fact that no plans were submitted as previously agreed. Councilman Burk objected to the fact the Council was not asked to approve the landscaping as agreed. George Woods, District Manager of Golden Corral in Florida, was present and elaborated on the landscaping problem pointing out the fact a lack of communica- tion caused the mix up. After lengthy discussion Attorney Conlon suggested drafting an amendment to the agreement providing for Council approval of landscaping and that Council reserves the right to discontinue utilities if not acceptable. Councilman Knight moved to instruct the City Attorney to draw up an amend- ment to the agreement for thirty days extension and if landscaping is not satisfactory to the Council it will take further action, seconded by Councilman Raulerson. Councilman Burk requested a requirement of a bond or deposit of One Thousand Five Hundred Dollars ($1,500.00) be included in Councilman Knight's motion. Councilman Burk amended the motion to allow the City Attorney to draw up the proper legal amendment to the agreement to furnish a bond or sum of One Thousand Five Hundred ($1,500.00) Dollars to be deposited at the City Clerk's office, seconded by Councilman Knight, vote carried. COMMUNICATIONS FROM DEPARTMENT HEADS A. DIRECTOR OF PUBLIC WORKS 1) FIRE HYDRANTS Director Fortner presented two separate letters regarding fire hydrants. The first letter requested approval on fire hydrant for Ed Walpole's development west of town. The second letter is an approval for a fire hydrant located north of the hospital for the new doctors complex. 258O Director Fortner noted the County Commissioners have approved the hydrants for both locations. Councilman Raulerson moved to install the fire hydrants at the locations noted above subject to an agreement signed by both County and City officials, seconded by Councilman Burk, vote carried. 80-14 2) HOSPITAL LIFT STATION Director Fortner informed the Council that when the hosPital lift station was built it was necessary, in the coarse of construction, to cross the rail- road. In order to do this the hospital agreed to pay an annual rental fee of Twenty-Five Dollars ($25.00). The lift station now belongs to the City. Director Fortner presented a letter from the Railroad Company, with agree- ments enclosed to be signed by the City. The agreement states the City is required to maintain the sewer line and pay the annual rental fee. After discussion Council instructed the City Attorney to study the agree- ment signed between Hospital Corporation of America and the Railroa. d regarding the rental fee. A decision will be reached after this study has been made. 80-7 3) CLEARWELL Director Fortner informed the Council that he had contacted an additional structural engineer to inspect the clearwell and give a third opinion. He is to arrive from Gainesville on Wednesday, January 23, 1980. 80-3 4) PROPOSED MOBILE HOME SUBDIVISION As per Council's request, Director Fortner elaborated on the cost of water and sewer lines for the proposed mobile home subdivision of Lowry Markham. Council discussed the issue of paying for water and sewer from the existing source and fire hydrant requirements. Council concurred, the subdivision owners must pay all costs for water and sewer hook-up and then request sewer allocation. B. CITY ATTORNEY 80-8 1) ENGINEER - 201 FACILITY PLAN Attorney Conlon informed the Council an engineering firm from Vero Beach spoke with him about 201 Facility Plan~. The engineer noted it was highly irregular for the City and County to use the same engineer regarding 201 Facility Plans. If Council desires, given a three (3) day notice, this engineer would study all records of the 201 Plan and report his findings an.~ recommendations at the Workshop, at no charge to the City. Council agreed it was a good idea, and instructed Attorney Conlon to study the contract and report his findings back to the Council. 2581 2) PLANNING BOARD Attorney Conlon informed the Council he had received a communication from the ?lanning Board requesting him to rough draft a landscape ordinance for their discussion. Attorney Conlon felt it the duty of the Planning Board to do the preliminary work to be presented to the Council. After lengthy discussion of the purpose of the Planning Board, Councilman Burk moved to advise the Planning Board they are not to involve the City Attorney or City Clerk in pre-planning stages of a proposed ordinance, seconded by Council- man Knight, vote carried. C. BUILDING OFFICIAL 1) ZONING ORDINANCE #402 Building Official Wells brought to the attention of the City Council the need to amend Zoning Ordinance #402, section on temporary use of a mobile home, noting the thirty (30) day time limit was inadequate. Attorney Conlon advised Building Official Wells that all changes of Ordinance #402 must begin with the Planning Board. D. FIRE CHIEF 1) BASKETBALL COURT Fire Chief Tomey requested permission to paint one-half (½) basketball court behind the fire station for employee use after hours for exercise. Councilman Burk objected strongly, stating for the record, on City time while being paid by City of Okeechobee, the firemen should not be allowed to shoot basketball. After discussion, Councilman Knight moved to allow basketball to be played on a trial basis, seconded by Councilman Chapman. Councilmen Knight, Raulerson and Chapman voted yes. Councilman Burk opposed, motion passed. 2) LOT CLEARING Chief Tomey informed the Council Frank Altobello requested several of his larger lots be cleared by burning. Chief Tomey requested permission to burn the lots in a controlled fashion using volunteer firemen, on a Saturday. This would be used as a training session for the men. Council instructed Chief Tomey to check the ordinances on lot burning. 3) INVENTORY Chief Tomey presented the inventory from the Fire Department. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS 1) CHAMBER OF COMMERCE - LETTER President Douglas read a letter from the Chamber of Commerce thanking the City of Okeechobee for their contribution. 2562 80-7 2) LAGROW IRRIGATION President Douglas read a letter from LaGrow Irrigation in regard to the City's breech of contract on final payment for the clearwell. --~ Councilman Burk stated for the record, Mr. Ron Dixon appeared before the Council representing Robert E. Owens Engineering Firm at the Tuesday, January 15, 1980, meeting. Councilman Burk read excerpts from that meeting's minutes. On the basis of the opinions of Ron Dixon stated at the January 15th meet- ing, Councilman Burk moved to deny payment to LaGrow Irrigation, seconded by Councilman Raulerson, vote carried. 3) WORKSHOP President Douglas reminded the Council of the Workshop set for Tuesday, January 29, 1980. B. OAKLAND CHAPMAN Councilman Chapman consulted the Fire Chief about the possible fire hazard created at the tire company on South 441, by piling up of tires. ADJOURNMENT There being no further business, the meeting adjourned until the Workshop Session on January 29, 1980. Edward W. Douglas Chairman City Counci~ City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee WORKSHOP SESSION TUESDAY, JANUARY 29~ 1980 The members of the City Council for the City of Okeechobee, Florida, met in Workshop Session on Tuesday, January 29, 1980, at 7:00 P.M. Chairman Edward W. Douglas presided, with the following members present: Councilman Lytle Raulerson, Councilman Donald Burk, Councilman Jim Knight, and Councilman Oakland Chapman. Also present were the City Attorney, David Conlon; City Clerk~ Bonnie S. Thomas and Fire Chief, Keith Tomey. 80-12 OKEECHOBEE REHABILITATION FACILITY Chairman Douglas read a report prepaired by Director of Public Works --~ L.C. Fortner, Jr., concerning the cost of Sanitary Sewer installation for the Okeechobee Rehabilitation Facility. Total cost being One Hundred Twenty-Two Thousand Six Hundred Twenty-Five Dollars ($122,625.00).