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1980-04-08 Regular Meeting 2629. ! FIRST REGULAR MEETING TUESDAY, APRIL. 8,. ~980 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, April 8, 1980. Chairman Edward Wi Douglas presided with the following Councilmen present: Donald Burk, Oakland Chapman and Lytle Raulerson. Councilman Jim Knight was absent. Others present were: Bonnie S. Thomas, City Clerk; L.C. Fortner, Jr., Director of Public Works; Keith Tomey, Fire Chief; Larry Mobley, Police Chief; Richard B. Spray, Building Official; David Conlon, City Attorney and Janice M. Mann, Deputy Clerk. The Invocation was offered by Councilman Oakland Chapman. 80-1 APPROVAL OF MINUTES Councilman Burk moved to approve the minutes of March 20th and 25th, 1980, meetings as submitted, seconded by Councilman Chapman, motion passed. PUBLIC HEARING 80-10 AMENDMENT TO ORDINANCE #357 - SECOND AND FINAL HEARING Chairman Douglas read for second and final hearing by title only Amendment to Ordinance #357 as follows: AN ORDINANCE AMENDING ORDINANCE NO. 357 OF THE CODE OF ORDINANCES, CITY OF OKEECHOBEE, FLORIDA, BEING ENTITLED OKEEAIRCO, INC., CABLE TELEVISION OF OKEECHOBEE FRANCHISE ORDINANCE, BY MODIFYING SECTION 12, DEALING WITH RATES TO CUSTOMERS. Chairman Douglas called for comments, objections or statements from citizens present regarding the rate increase of OkeeAirCo. Chairman Douglas read a letter sent to Councilman Burk from Ida B. Bernkof asking that an increase be granted only if services are supplied as promised. Councilman Chapman questioned the higher rates in Okeechobee as opposed to other cities. Citizen WiIliam B. Bunt spoke in favor of a rate increase to allow the addition of the channels specified. Richard B. Spray, speaking as a citizen, objected to the increase in rates and decrease in service to this point. Councilman Burk suggested approving an increase only if stipulations and conditions are met. Councilman Raulerson voiced opinions and objections to an increase, but would entertain an increase with stipulation to produce the service and channels previously promised. Councilman Burk proposed a possible solution that Council postpone any decision until OkeeAirCo delivers the channels promised by May, June or July. Then grant an increase when additional channels are received. Roy Masson, Citizen, stated he understood that if an increase was not granted Channel 17 would not be added and many people are looking forward to that sports station. Gerald Eliff, Vice President of OkeeAirCo, stated the company is prepared to put the additional channels on the air as soon as an increase is approved. The increase is needed regardless of the new channels and approval is needed from both the City and County. Councilman Chapman moved to adopt the proposed Amendment to Ordinance #357 as pre- sented with the assurance the changes will occur, seconded by Councilman Burk. Councilmen Burk and Chapman voted yes, Councilman Raulerson opposed. Chairman Douglas voted yes, motion passed. 80-47 L.H. MCCANN - OKEECHOBEE GAS CO. L.H. McCann of Okeechobee Gas Co. did not appear before the Council as requested to d~scuss Ordinance #216 regarding utility tax. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 80-7 1) LETTER FROM LAGROW City Attorney received a letter from LaGrow Irrigations requesting the City appoint an arbitrator to settle the dispute regarding the new clearwetl. Director Fortner noted the clearwell is in operation, however, it still leaks. After discussion, Councilman Burk moved to instruct Attorney Conlon to appoint Attorney John Brennon as arbitrator for the City, seconded by Councilman Raulerson, motion passed. 80-35 2) PLANNING BOARD - FLORIDA STATUTES Attorney Conlon noted he had researched the Florida Statutes and determined the recent proposed amendment to Ordinance #402 is in accordance with them. The statutes cover the Planning Commission which is the City Council. B. BUILDING OFFICIAL 1) ACTIVITY REPORT Building Official Spray presented the quarterly activity report for the Building Department. 2) PERMIT FEES Building Official Spray presented a proposal to amend the ordinance governing permit fees, noting the present rates are inadequate. Council to consider. 3) DISPLAY ZONING AND REGULATIONS MAPS Building Official Spray requested consideration by Council, to display a zoning map, district regulations chart, a map of the sewer lines, etc. in the City Council room. Council instructed the Building Official to measure the maps, etc., and report back. C. POLICE CHIEF 1) ACTIVITY REPORT Police Chief Mobley presented the quarterly activity report for the Police Department. 80-48 2) REQUEST FOR BIDS Chief Mobley requested permission to advertise notice for bids for a new patrol car. The car to be replaced was totaled in an accident and a check has been received from the insurance company and will enter into the purchase of a new car. 2631 Councilman Chapman moved to authorize advertising a Notice for Bids to replace a patrol car, seconded by Councilman Raulerson, motion passed. D. FIRE CHIEF 1) ACTIVITY REPORT Fire Chief Tomey presented the quarterly activity report for the Fire Department. 80-38 2) BULK PLANTS Chief Tomey distributed sample letters which are to be sent, with Council.~s permission, to gas stations within the City that are operating bulk plants, which are in violation of the Southern Fire Protection Code. Chief Tomey noted the State Fire Marshall inspected the bulk plants prior to the meeting and cited the violations. Attorney Conlon suggested writing the individual owners warning legal action will be taken if the violations are not corrected Attorney Conlon reassured Chief Tomey ' and Council that the sale of an occupational license does not condone any violation. Council instructed Chief Tomey to notify the owners and the particular major oil companies of the violations. 80-43 3) BURNING RESOLUTION Chief Tomey informed Council of the Resolution governing burning within the City. Attorney Conlon noted an ordinance needs to be drawn up at a later date because resolutions are only temporary. E. DIRECTOR OF PUBLIC WORKS 1) ACTIVITY REPORT Director of Public Works Fortner presented the activity reports of the Water, Sewer and Street Departments. 2) MEMORANDUM #1 - PURCHASE OF PLATE COMPACTOR Councilman Burk moved to purchase one New Plate Compactor in the amount of Nine Hundred Seventy-Two Dollars ($972 00) as requested in Memorandum #1, seconded by Council- ' man Chapman, vote carried. 80-49 3) MEMORANDUM #2 - WATER PLANT CHEMICALS Memorandum #2 pertained to the renewal of the Water Plant Chemicals Contract now held by Apperson Chemicals, which expires in June, 1980. Attached to the memorandum was a letter from Apperson Chemicals notifying the City of an impending two percent (2%) surcharge and other stipulations. Council to study issue prior to renewal of contract. 80-50 3) SCHOOL BOARD - FIRE HYDRANTS AT NEW ELEMENTARY SCHOOL Director Fortner presented a letter received from the law firm of Conely & Conley requested water service and fire hydrants at the new elementary school to be built north of the City. The Okeechobee County School Board has agreed to pay all costs. Councilman Burk asked that, due to the recent agreement with the County, the County be notified of the School Board's request and intentions. The County must first approve all new fire hydrants to be installed. Council so instructed Director Fortner. F. CITY CLERK 1) ANNUAL CITY CLERK CONFERENCE Clerk Thomas requested Council approval for the Clerk and her Deputy Clerk, Janice Mann, to attend the City Clerk's Conference April 20th, 21st, 22nd, and 23rd, 1980, in Daytona Beach. Councilman Burk moved to authorize the Clerk and her Deputy Clerk to attend the conference, seconded by Councilman Chapman, motion passed. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS 1) CITY ATTORNEY - BILL FOR SERVICES Council discussed the bill presented at a previous meeting for Attorney fees on the discrimination suit. Councilman Raulerson moved to transfer Fifteen Thousand Dollars ($15~000.00) from c~ntingency Funds and apply to the Special Attorney's Fees in order to make funds available to cover costs involving the discrimination suit, with a study of the balance possible coming from the Contingencies of the Water Department, seconded by Councilman Burk, vote carried. --~ 80-45 2) LETTER FROM FHA Chairman Douglas asked Council's intentions of applying for further FHA funds in regards to the 201 Facility Plan. A Letter of Intent must be sent by April 15th. With all the problems and uncertainties of the 201 Facility Plan, Councilman Raulerson felt it too soon to be concerned with seeking a specific amount of funds. Council agreed to instruct Chairman Douglas to send a Letter of Intent to FHA regard- ing future funds, also, a letter to the County Commissioners regarding the status of the 201 Plan. 80-15 3) FIRE DEPARTMENT MERGER Chairman Douglas asked Council's intentions on accepting either proposal of the County concerning the merger of the two fire departments. Councilman Burk rejected both proposals and suggested Council forget the idea of a merger and carry on as is. Councilman Burk further stated that if the citizens of the City appeared before the Council an voiced the desire to merge the departments, then Councilman Burk would agree to achieve that goal. Councilmen Raulerson and Chapman agreed that the Council should drop the issue. 4) WORKSHOPS --~ Council briefly discussed the importance of various Workshops, however, no dates were set at this time. 2633 80-51 CLEANING OF LOTS Concerning the cleaning of lots by sectioning off the City for an orderly clean-up, Chairman Douglas suggested, as done in the past, using Highway 70 and Highway 441 as dividers. Councilman Burk asked that if the clean-up is instigated it be carried out to it's fullest, with no exceptions. After lengthy discussion Chairman Douglas suggested presenting ideas to the Planning Board to draft a proposal on lot clearing. Chairman Douglas asked that Councilman Burk appear at the next Planning Board meeting with this proposal. Council to instruct Building Official Spray, who had left the meeting earlier, to begin cleaning lots of debris B. OAKLAND CHAPMAN 1) CITY WATER TANK Councilman Chapman presented the problem of vehicles parking under the water tank. Director Fortner stated the chain link fence has been budgeted, to be installed, which will remedy this situation. 80-52 2) PAVING OF ROADS Councilman Chapman asked if it is possible for the City to assist the County in haul- ing and grading shell when paving City streets at no cost to the City. Council had no objections to this arrangement if the City has some input on which streets are to be paved. 80-46 C. LYTLE RAULERSON Prior to Council's adoption of the City Pay Plan, Councilman Raulerson requested permission to discuss, with each department head, the impact the plan will have on the budget. Council concurred. D. DONALD BURK 1) 1979-80 BUDGET Councilman Burk suggested each Councilman caution their department heads to spend funds carefully with the budget year half over. 2) ATTORNEY'S BILL With the approval of the transfer of funds Councilman Burk moved to authorize payment of Attorney Conlon's bill in the amount of Three Thousand Seventy-Four Dollars ($3,074.00), seconded by Councilman Raulerson, vote carried. DISBURSEMENTS Vouchers on the following funds were approved: Water & Sewer Operation Maintenance $73,203.11 Water & Sewer Revenue Fund $348,027.37 Public Works Fund $22,749.40 General Fund $105,776.62 Cigarette Tax Fund $25,000.00 I & S Refunding Bonds $83,709.04 Payroll Account $17,484.84 Federal Revenue Sharing $19,163.34 2634 ADJOURNMENT There being no further business Chairman Douglas recessed the meeting at 10:55 P.M. Edward-W. Dougl~ '-~ Chairman City Council / City of Okeechobee ATTEST: B&nn~ig S. THomas City Clerk City of Okeechobee SECOND REGULAR MEETING TUESDAY, APRIL 22, 1980 The City Council of the City of Okeechobee, Florida, convened in a Regular Session in the Council Chambers at City Hall, Okeechobee, Florida, at 7:00 P.M., Tuesday, April 8, 1980. Chairman Edward W. Douglas presided with the following Councilmen present: Oakland Chapman, Jim Knight, and Donald Burk. Councilman Lytle Raulerson was absent. Others present were: Sylvia Christian, Deputy Clerk; David Conlon, City Attorney; L.C. Fortner, Jr., Director of Public Works; Keith Tomey, Fire Chief and Lola Parker, Deputy Clerk. --~ The Invocation was offered by Councilman Jim Knight. 80-1 APPROVAL OF MINUTES Councilman Burk moved to approve the minutes of April 3rd and 8th, 1980, meetings as presented, seconded by Councilman Chapman, motion passed. PUBLIC HEARING 80-40 FIRST READING - CITY RETIREMENT PLAN Chairman Douglas read for first reading by title only the following amendments: Amendment to Ordinance #352: AN ORDINANCE AMENDING ORDINANCE NO. 352 SAID AMENDMENT PROVIDING FOR THE RETIREMENT OF GENERAL EMPLOYEES FOR THE CITY OF OKEECHOBEE; DEFINING CERTAIN TERMS; PRESCRIBING AND DEFINING CONDITIONS OF ELIGIBILITY; DEFINING AND PRO- VIDING RETIREMENT DATES AND BENEFITS; PROVIDING DISABILITY BENEFITS; PROVIDING DEATH BENEFITS; PROVIDING FOR FUNDING AND CONTRIBUTIONS TO THE PLAN; DEFINING AND AUTHORIZING POWERS OF THE BOARD OF TRUSTEES; CREATING TRUSTEES OF THE PLAN; PROVIDING FOR GENERAL ADMINISTRATION AND RESPONSIBILITY OF THE OPERATION OF THE RETIREMENT PLAN; PRESCRIBING CERTAIN RIGHTS TO HEARINGS AND REHEARINGS; PROVIDING FOR THE REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING MISCELLANEOUS PROVISIONS AND AN EFFECTIVE DATE. Amendment to Ordinance #353: AN ORDINANCE AMENDING ORDINANCE NO. 353 SAID AMENDMENT PROVIDING FOR THE RETIREMENT OF FIREMEN FOR THE CITY OF OKEECHOBEE; DEFINING CERTAIN TERMS; PRE- SCRIBING AND DEFINING CONDITIONS OF ELIGIBILITY; DEFINING AND PROVIDING RE- TIREMENT DATES AND BENEFITS; PROVIDING DISABILITY BENEFITS; PROVIDING DEATH BENEFITS; PROVIDING FOR FUNDING AND CONTRIBUTIONS TO THE PLAN; DEFINING AND AUTHORIZING POWERS OF THE BOARD OF TRUSTEES; CREATING TRUSTEES OF THE PLAN; PROVIDING FOR GENERAL ADMINISTRATION AND RESPONSIBILITY OF THE OPERATION OF THE RETIREMENT PLAN; PRESCRIBING CERTAIN RIGHTS TO HEARINGS AND REHEARINGS; PROVIDING FOR THE REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING MISCELLANEOUS PROVISIONS AND AN EFFECTIVE DATE.