1980-02-12 Regular Meeting2592
approval and the fact that it would be sixty (60) days after approval before
construction could begin.
Councilman Burk asked if the present lines could be used in the new system. --~
Mr. Bell said that definitely all of the existing system would be connecte~ into
the new facility.
Attorney Conlon commented on the existing contract and agreement with the
Engineer and the County. Since this is a joint venture, he felt that the City's
signatures should be included on contracts or agreements concerning them.
Mr. Bell said he would take care of having this accomplished.
Mr. Bell said he would like to attend the City and County Workshop.
Councilman Douglas invited Mr. Bell to attend the Workshop which will be held
Tuesday, February 19, 1980, at 7:00 P.M. at the County Courthouse in the
Commissioners room. ~
ADJOURNMENT
There being no further business and at the hour of 9:30 P.M. Chairman ~
Douglas Recessed the meeting until February 12, 1980, at 7:00 P.M. i
Edward W. Douglas'~ /z
Chairman City Council
City of Okeechobee
.ATTEST:
Bo~ni~ S. Thomas--
City Clerk
City of Okeechobee
FIRST REGULAR MEETING TUESDAY, FEBRUARY 12~ 1980
The City Council of the City of Okeechobee, Florida, convened in a Regular
Session in the Council Chambers, City Hall, Okeechobee, Florida, at 7:00 P.M.,
Tuesday, February 12, 1980.
President Edward W. Douglas presiding.
Councilmen Donald Burk, Lytle Raulerson, Oakland Chapman 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 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 22nd, 29th
and 31st, 1980, meetings seconded by Councilman Chapman, vote carried.
2593"
80-3 SEWER LINE REGUEST - MARKHAM
Engineers Jim Van Ostrum and Jim Broome appeared before the Council and
presented the plat for the proposed mobile home sub-division of Lowry Markham.
Director Fortner reported only minor changes indicated. Attorney Conlon
requested time to study the plat along with the sub-division ordinance.
Action postponed on the request until Council and the Attorney can study
the plans. A decision will be made at the Thursday, February 14, 1980, meeting.
PLANNING BOARD RECOMMENDATIONS
80-18 A. REZONING REGUEST - MICHAEL S. HOLMES
President Douglas read the Planning Board recommendation to deny the
rezoning request of Michael S. HoImes to rezone Lots 1 and 2, Block 78, Okee-
chobee, from Residential, Single Family to Commercial.
Mr. Michael Holmes appeared before the Council and requested Council
reconsider the Planning Board recommendation.
Councilman Chapman moved to deny the request for rezoning Lots 1 and
Block 78, Okeechobee, seconded by Councilman Raulerson, motion passed. Council-
man Burk abstained from voting.
80-17 B. TEMPORARY USE PERMIT
President Douglas read the recommendation of the Planning Board regarding
amendment to Zoning Ordinance #402, Section 9, Sub-section 1, 2, 3 and
"Temporary Use Permits", as requested by Building Official Wells.
Councilman Burk recommended a Workshop in early March. Councilman Raulerson
agreed and suggested combining a Workshop with Ordinance #402 study.
Councilman Knight moved to table the recommendation for a Workshop in March,
seconded by Councilman Burk, vote carried.
80-19 FIRE HYDRANT AGREEMENT - CITY/COUNTY
President Douglas presented the City-County Fire Hydrant Agreement which
was signed by the Chairman of the Board of County Commissioners, witnessed by the
County Clerk.
Attorney Conlon summarized the agreement for the benefit of the Council,
as follows:
"The agreement provides that the County will pay the City on the first of
March of each year, commencing on March 1, 1980, for every fire hydrant that is
in the County that is approved by the County.
And by signing the agreement the County is approving the existing fire
hydrants. Ail other fire hydrants from then on, will have to be submitted to
the County for approval before being installed."
Councilman Knight moved to accept the Fire Hydrant Agreement and authorize
proper signatures, seconded by Councilman Burk, vote carried.
80-7 LA GROW IRRIGATION - CLEARWELL
Mr. LaGrow of LaGrow Irrigation and Attorney Jim Tompkins were present
to discuss the matter of final payment for the new clearwell -rs- the construc-
tion.
Attorney Tompkins stated that Mr. LaGrow worked soley from the plans and
specifications certified by Engineer Don Sheppard. By this, Attorney Tompkins
maintained LaGrow was absolved of all responsibility, consequently they felt
the Council should not withhold final payment.
Councilman Burk reminded the Council of the letter received from the
Department of Environmental Regulations (DER) stating the substance used to
repair the leaks was not approved by DER and the clearwell is not to be put
into service until approved by DER.
Lenghty discussion ensued regarding responsibilities of contractor -vs-
engineer.
Councilman Burk suggested the Council request a letter from Don Sheppard,
Engineer stating that in every stage of construction Mr. LaGrow has complied
with the engineers specifications and also stipulate the responsibility of the
cracks in the Clearwell design lies solely with the engineer.
Upon receipt of said letter, Council agreed to address the issue of final
payment at the Thursday, February 14, 1980, meeting.
COMMUNICATIONS FROM DEPARTMENT HEADS
A. CITY ATTORNEY
Attorney Conlon asked if a second engineer had contacted the City as of
yet regarding the 201 Facility Plan.
No contact had been made to this point. Council expressed the desire to
meet with him.
B. CITY CLERK
1} HUMANE SOCIETY BILL
City Clerk presented a bill from the Humane Society for the month of
January, 1980, in the amount of Ninety-Three and 59/100ths Dollars ($93.59).
However a voucher is needed prior to payment.
80-7 2) ROBERT E. OWENS & ASSOCIATES - LETTER
City Clerk presented a letter from Robert E. Owens & Associates requesting
payment of One Hundred Forty Dollars ($140.00), final adjustment on Clearwell.
Councilman Burk moved to withhold payment until the letter absolving
LaGrow of responsibility and Owens accepting responsibility, is received,
seconded by Councilman Chapman, vote carried.
80-8 3) FREDERICK BELL - STEP 2 - 201 FACILITY PLAN
President Douglas presented a payment request from Frederick Bell Engineer-
ing for Step 2 of the 201 Facility Plan in the amount of One Thousand Nine
2595
Hundred Five Dollars ($1,905.00).
Councilman Knight moved to make Payment Request #8 of the 201 Facility
Plan in the amount of One Thousand Nine Hundred Five Dollars ($1,905 00),
seconded by Councilman Raulerson, motion passed
BROWN -vs- CITY
City Clerk presented a bill from the City Attorney regarding expenses to
date for the discrimination suit Brown -vs- City.
Councilman Burk moved to approve payment for the City Attorney's time
and travel to date, in the amount of One Thousand Eight Hundred Fifteen Dollars
($1,815.00), seconded by Councilman Raulerson, vote carried.
COMMUNICATIONS FROM COUNCILMEN
A. EDWARD W. DOUGLAS
l) SEABOARD COASTLINE RAILROAD
President Douglas noted he had received correspondence from the Seaboard
Coastline Railroad regarding the repair of the crossings at U.S.441 north and
South West Park Street.
Minor repair has been completed on South West Park Street and the Seaboard
is working with DOT on repairing the north 441 crossing.
80-10 2) OKEEAIRCO.
The financial statement of OkeeAirCo was distributed to the Council for
study in advance of a Workshop to be held at a later date.
80-20 3) COMPREHENSIVE PLAN LETTER
President Douglas read a copy of a letter addressed to David Conlon, City
Attorney from the Department of Community Affairs regarding the City's Compre-
hensive Plan.
The letter read as follows:
"Pursuant to the request contained in your letter of January 22, 1980, the
time limit for the City of Okeechobee to adopt a local comprehensive plan is
hereby extended until July 1, 1981, as provided by s.163.3167 (7), Florida
Statues.
We must remind you that there are no provisions in the existing law for the
granting of further extension of the adoption deadline for the City of Okeechobee.
Therefore the Council has been granted an extension for the completion of
its Comprehensive Plan to be completed by July 1, 1981.
4) R.WILLIAM CAROL, SR. - LETTER
Chairman Douglas read to the Council a letter received from R.William Carol,
Sr. of W~st Palm Beach.
The letter contained a data sheet listing possible attractions to be
constructed in or around the City of Okeechobee for Council consideration. The
list is to be filed in the office of the City Clerk for future reference.
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80-21 5) PETITION - FOR STREET PAVING
President Douglas presented a petition signed by several citizens to
blacktop Southwest 14th Court. -'~
Council instructed Clerk Thomas to write a letter to the County Commis-
sioners regarding the petition received and read to the Council concerning
the blacktopping of South West t4th Court.
The petition is being forwarded to the County Commissioners for their
consideration. Copies of said letter will be sent to each of the eleven (11)
petitioners.
80-22 6) JIM SMITH - PETITION TO VACATE EASEMENT
President Douglas read a letter from John Cassels, Jr. attorney representing
Jim Smith, requesting the City Council vacate the easement dividing Lots 203 and
204, First Addition to Okeechobee Estates.
Councilman Burk moved to table the request for vacating the easement until
a future date, seconded by Councilman Chapman, motion passed.
80-23 7) REQUEST FOR EXTENSION OF SEWER LINE AGREEMENT
President Douglas presented a letter addressed to L.C. Fortner, Jr, Director
of Public Works. The letter was a request for an extension of the sewer line
agreement to Andrew Bever's proposed shopping complex.
Councilman Burk noted this was not a formal request or application for an
extension. This was only directions for Director Fortner to make application
on their behalf to the Council.
Attorney Conlon suggested Director Fortner send a letter of reply, immediate-
ly, stating "he is not in the position to make application for anyone, however,
he forwarded Bever's letter to the City Council which was brought up at their
next regularly scheduled meeting on February 12, 1980. The Council read the
letter and asked that Director Fortner inform you (Bever) that if you wish to
apply for any extension it must be done in person or through your representative."
Attorney to draft said letter.
Council agreed with Attorney Conlon's suggestion.
8) JOINT MEETING WITH COUNTY
President Douglas reminded the members of the Council of the joint meeting
with the County Commissioners to be held Tuesday, February 19, 1980.
9) 154 ACRES OF LAND
President Douglas noted he had been contacted in reference to leasing of the
one hundred fifty-four (154) acres for cattle grazing.
Councilman Burk moved to table this issue until the next regular meeting,
Tuesday, February 26, 1980, seconded by Councilman Knight, vote carried.
B. OAKLAND CHAPMAN
1) TRAFFIC PROBLEM
2597!
Councilman Chapman brought up for discussion the problem of speeding in
the City, and asked that a letter be sent to the Department of Transportation
requesting a State survey of the traffic speed zone situation.
Council agreed and instructed the City Clerk to write the letter.
C. LYTLE RAULERSON
Councilman Raulerson questioned the action of the Planning Board as to its
authority to appeal any decision of the Building Administration.
No action was taken except to agree to the need of a Workshop to study more
thoroughly, the requirements of Zoning Ordinance #402°
D. JIM KNIGHT
t) BURNING OFF OF VACANT LOTS
Councilman Knight presented to the Council the problem concerning the
burning off of vacant lots within the City limits.
He stressed the need for City wide cleanup of these and other unsightly
areas such as junk yards that are forming in the City.
If was agreed by Council that an organized procedUre to clean up these
areas should be established. Councilman Raulerson stated that he agreed with
the proposal to burn off these vacant lots but only with the approval of the
EPA or DER and suggested that the City apply for permission from these agencies.
If the burning procedure is approved, the property owner would be expected
to pay all costs involved, such as volunteer firemen and water used.
2) FIRE LANES
Councilman Knight informed the Council that the Fire Chief has discussed
with each individual store owner of the North Shore Plaza the fact that there
are no markings to indicate a fire lane, as should be at the Plaza.
The managers agreed that this needs to be done and indicated their desire
to have this fire lane established for their protection.
3) LOITERING PROBLEM DEVELOPING
Mention was also made by Councilman Knight of the developing loitering
problem at the North Shore Plaza.
Possible ways of controlling this situation were discussed.
E. DONALD BURK
Council discussed the continuing problem of stray dogs and cats in the
City.
Councilman Burk requested that the Humane Officer be instructed immediately
to correct this situation.
DIRECTOR OF PUBLIC WORKS
1) BIDS ON PIPE FITTINGS
Director Fortner noted, regarding the bids on pipe fittings to be opened
Thursday, in order for the lines to be extended an engineer should be hired to
2598
draw up plans and submit applications to DER for permits.
Council discussed different avenues that can be taken, with no action taken.
2) BARN ADDITION AND STORAGE BUILDING --"
Director Fortner informed the Council that bid openings have been tenta-
tively set for March 25, 1980, for the barn addition and storage building, if
agreeable with Council. Council satisfied with date.
3) RIGHT-OF-WAY
Director Fortner requested permission for a title search to be made on the
right-of-way connecting South East 10th Avenue and Okeechobee Estates. Florida
Power and Light Company apparently has an easement.
Councilman Raulerson stated if a title search is needed'~then have one done.
Council concurred.
ENGINEERING FIRM
Councilman Burk suggested the Council consider the possibility of at some
future date exploring the possibility of the City using the services of another
engineering firm.
DISBURSEMENTS
Vouchers on the following funds were approved:
Water & Sewer Operation & Maintenance $124,795.14
Water & Sewer Revenue Fund $183,210.31
Payroll Account $15,925.60 --~
I & S Refunding Bond $28,000.00
Cigarette Tax Fund $391,702.79
Federal Revenue Sharing Trust Fund $14,875.71
General Fund $88,276.20
ADJOURNMENT
There being no further business the meeting recessed at 11:25 P.M. until
the meeting on Thursday, February 14, 1980.
Edward W. D~uglas /
Chairman City Counc
City of Okeechobee
ATTEST:
Bonnie S. Thomas-
City Clerk
City of Okeechobee
RECESSED MEETING THURSDAY~ FEBRUARY 14~ 1980
The City Council of the City of Okeechobee, Florida, met in recessed
session Thursday, February 14, 1980, at 7:00 P.M.
In the absense of Chairman Edward W. Douglas, Vice-Chairman Lytle Raulerson
presided with the following members present: Councilman Jim Knight, Councilman
I I i le ii f