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1980-04-22 Regular Meeting ADdOURNMENT There being no further business Chairman Douglas recessed the meet±rig at 10:55 Edwarfl-W. Dougl~ - / Chairman City Council City of Okeechobee ATTEST: B6-nnie S. Thomas City Clerk City of Okeechobee SECOND REGULAR MEETING TUE.~.DAY, APRIL 22, 1980 I The City Council of the City of Okeechobee, Florida, conve~ed 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 foliowing 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 #B53: 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. Amendment to Ordinance #354: AN ORDINANCE AMENDING ORDINANCE NO. 354 SAID AMENDMENT PROVIDING FOR THE RETIREMENT OF POLICE OFFICERS 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. Motion by Councilman Burk, seconded by Councilman Knight to waive the full reading of the three amendments to the ordinances and accept the f~rst reading by title only. Motion passed. 80-53 MUZAFFAR Hus~., M.D. - S?REET EXTENSZON REQUEST Dr. Muzaffar Husain appeared before the Council to request a street extension on N.E. 13th Street to his new residence. The request is due to the existing problem of stand- ing water prohibiting access to the Doctor's residence. Director Fortner stated a three (3) foot elevation is needed at the approximate cost of Three Thousand Dollars ($3,000.00). A "DEAD END" street sign was also requested. Councilman Burk has reservations of the City going to this expense for the benefit of just one citizen. Councilman Knight moved to instruct Director Fortner to check into the matter and report to the Council the estimated cost of such an endeavor, seconded by Councilman Burk, motion passed. 80-54 J.A. TOOTLE Mr. J.A. Tootle, citizen, appeared before the Council to discuss several items. 1} Traffic Hazard 13th Street - East Hwy 70 Parking Lot Mr. Tootle requested Council look into the hazardous conditions created when semi trucks park in the parking lot of the fast food store at the corner of East Highway 70 and Southeast 13th Avenue. The semis block travelers vision when trying to enter the highway. Director Fortner stated the State Road Department has jurisdiction and must give City authorization to erect "NO PARKING" signs. 2) Permits For Use of City Park Mr. Tootle requested Council establish a uniform policy regarding the issuance of permits for use of City parks. As it stands free use of the parks is available only to non-profit organizations. Mr. Tootle feels this is in violation of the Florida Constitution. Attorney Conlon requested time to research this. Council concurred. 3) Investigation of Mr. Tootle Mr. Tootle questioned the right of Chairman Douglas to instruct City Clerk Thomas to determine whether he (Mr. Tootle) is a City tax payer or a registered voter. Chairman Douglas stated he had asked Clerk Thomas to determine this after the first meeting between Mr. Tootle and the Council. Attorney Conlon noted that as a citizen of Okeechobee and an elected off~cial, Chairman Douglas was within his rights to do so. 4) 154 Acres - City Property --~ Mr. Tootle asked if the City has determined any specific use of the recently purchased one hundred fifty-four (154) acres of land. Chairman Douglas noted the Council has discussed in recent meetings possible uses. At present the property is being tested by core samples for possible shell rock. Regarding the agreement signed by the City on April 18, 1979, subject to restrictions, Mr. Tootle noted the Deed also contains a clause for restrictions. Mr. Tootle informed the Council the property was incumbered by the Taylor Creek Water- shed easement and asked if the Council was aware of this at the time of signing the agree- ment. Attorney Conlon and Chairman Douglas confirmed the fact the Council was aware of the easement at the time of signing. Attorney Conlon informed Mr. Tootle that all liens were satisfied and the City holds the title free and clear of any mortgage, lien or note, subject to the watershed easement. COMMUNICATIONS FROM DEPARTMENT HEADS A. DIRECTOR OF PUBLIC WORKS 80-55 1) WATER METER CONTRACT - MEMORANDUM #1 Director Fortner presented Memorandum #1 regarding the "Water Meter Contract" presently with Rockwell International, and recommended the City Council accept the extension of the contract. --~ Councilman Burk moved to accept the proposal from Rockwell International and extend the Water Meter Contract, seconded by Councilman Chapman, motion passed. 2) WATER PLANT OPERATOR TRAINEE - MEMORANDUM #2 Director Fortner made a recommendation to hire Donnie Gene Blomefield as a Water Plant operator trainee. Councilman Burk moved to hire Donnie Blomefield upon the recommendation of Director Fortner, at the beginning salary of Eight Thousand Three Hundred Twenty Dollars ($8,320.00) annually, seconded by Councilman Knight, vote carried. 80-8 3) SEWER PLANT PERMIT - MEMORANDUM #3 Upon receipt of a request for extension, the Environmental Protection Agency (EPA) has requested a meeting with a representative from both the County and City in Atlanta, Georgia, to discuss the request for granting a twenty-four (24) month extension on the Schedule of Compliance and the 201 Facility Plan. Director Fortner noted the County has been notified of this meeting request, however, he has not received any response from them. Councilman Burk suggested Director Fortner contact Mr. Burton, EPA representative, and stress that it would be a hardship to meet in Atlanta. However, if need be the City would send a representative to Atlanta because we can not proceed any further with the Sewer Plant 2637 permit until this is resolved. Council agreed to have Director Fortner and, if posSible~ a representative from the County to set a meeting date with Mr. Burton to work out the details of the 201 Facility Plan to date. 4} EMPLOYEE PERFORMANCE EVALUATION Director Fortner presented employee performance evaluations on Donald Herr and Stephen Figley. Requesting that the probationary period for Donald Herr be extended three (3) months. Councilman Burk moved to classify Stephen Figley as a permanent employee as new Assistant Director of Public Works, seconded by Councilman Chapman, vote carried. Councilman Chapman moved to remove Donald Herr from probation period and classify him as a permanent employee. Motion died for lack of second. Councilman Burk moved to extend the probationary period an additional three (3) months for Donald Herr, seconded by Councilman Chapman, vote carried. 80-56 5) RIVERBEND MOBILE HOME PARK LIFT STATION Director Fortner presented a payment request from LaGrow Irrigations on the Riverbend Mobile Home Park Lift Station. Councilman Knight moved to authorize final payment to LaGrow Irrigation in the amount of Three Thousand Two Hundred Eighty-Nine and 22/100ths Dollars ($3,289.22), seconded by Councilman Chapman, vote carried. In regard to the amount due Mr. Leggett, Councilman Burk recommended the City hold final payment of Five Hundred Eighty-Nine and 56/100ths Dollars ($589.56) until landscaping around the chain link fence meets with Council's approval. Council concurred. 6) FOUR LANING OF..SOUTH 441 Florida Department of Transportation informed Director Fortner the four laning of State Road 70 is on the calendar for September 1980, to let bids, and Highway 441 South is on the calendar for January 1981. COMMUNICATIONS FROM COUNCILMEN A. OAKLAND CHAPMAN Councilman Chapman asked if City employees repair signs, etc. needing attention with- out a formal request. Director Fortner noted the employees make a list of repairs needed and turn the lists over to the head of the Street Department. B. JIM KNIGHT 80-52 1) STREET PAVING Council discussed the issue of City hauling shell to aid the County in paving City streets. It was agreed upon by Council to prepare a list of streets needing to be paved and present said list to the County for action. Council reaffirmed the fact that if they are allowed input on streets to be paved they will haul shell for the County. 80-15 2) FIRE DEPARTMENT MERGER Councilman Knight stated that County Commissioner Lashley, County Fire Chief Karr, City 2638 Fire Chief Tomey and himself met today to establish a better working relationship between the two fire departments. The issue of merger was also discussed. Councilman Knight felt the Council should --~ work towards consolidating the two departments. Councilman Burk reaffirmed his desire to wait until the citizens request a merger. Chief Tomey explained briefly a cost study plan. Councilman Burk requested the Council disregard the prior proposals of the County and proceed cautiously with collecting figures and information before making any decision. Council instructed Chief Tomey to continue his cost study and report back by May 13th, if possible. ¢. EDWARD W. DOUGLAS Chairman Douglas presented a letter addressed to L.C. Fortner, Jr. notifying the City of a claim against the City, County and Department of Transportation in the death of Julie Johnson. Attorney Conlon stated the street on which the death occurred is outside the City limits and drafted a letter of reply requesting more information. Attorney Conlon also noted that copies of all correspondence should be sent to the City's liability insurance firm. WORKMAN'S COMP CLAIM - OLEN GODWIN Attorney Conlon informed the Council the Workman's Compensation Claim of Olen Godwin, -'~ former Fire Chief, is being settled. There is a provision in the Act that an employer has the right to comment on the proposed settlement. Councilman Burk moved that the official position of the Council is one of "NO COMMENT" and no desire to testify, seconded by Councilman Knight, motion passed. 80-57 DISCRIMINATION SUIT Attorney Conlon gave the Council an up-date on the discrimination suit. Representatives from the Federal Revenue Department recently carried on an investigation and will return in three or four weeks to spend time with the County, after which a report will be written with a copy sent to the City and County. EDWARD W. DOUGLAS 80-45 1) FHA - FUTURE FUNDING Chairman Douglas contacted Mr. Nichols regarding FHA future funding, and told him of the City's position. Mr. Nichols asked Chairman Douglas to follow up the phone conversation with a letter stating the City's intentions. 80-43 2) BURNING ORDINANCE Chairman Douglas asked Council's intentions regarding passage of an Ordinance governing burning. ~ Attorney Conlon stated a resolution can be drawn up is needed during a dry period. 2639 80-4 3) NOTICE FROM HUD Chairman Douglas received a notice from HUD concerning the proposed apartment complex. Director Fortner suggested waiting for final approval from HUD then proceed from there with the sewer agreement, approval of lift station plans, etc. prior to construction. Council agreed. 4) SHRINERS The Shriners have requested permission to distribute tabloids of the history of the Cripple Childrens Hospitals. Council had no objections, o FRATERI~ORDER OF POLICE Councilman Chapman asked Council's opinion On the City police establishing a Fraternity Order of Police. Councilman Burk stated that by law the Council can not make any comments or decisions on this matter. MAPS IN COUNCIL CHAMBERS Director Fortner reported that all the necessary maps can be mounted on one wall. Councilman Burk moved to instruct Director Fortner and Building Official Spray to proceed with mounting the maps on the west wall of the Council Chambers, seconded by Councilman Knight, vote carried. ADJOURNMENT There being no further business, Chairman Douglas called the meeting Recessed at 9:50 P.M. until May 13, 1980. Chairman City Council City of Okeechobee ATTEST: Bonnie S. T~0~as - - City Clerk City of Okeechobee FIRST REGULAR MEETING TUESDAy~ MAY 13, 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, May lB, 1980. Chairman Edward W. Douglas presiding with the following Councilmen present: Oakland Chapman, Jim Knight, Donald Burk and Lytle Raulerson. Others present were Bonnie S. Thomas, City Clerk; David Conlon, City Attorney; Larry Mobley, Police Chief; Keith Tomey, Fire Chief; L.C. Fortner, Jr., Director of Public Works;