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1980-05-13 Regular Meeting 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. . 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. Edward W. Douglas' . ..... ' ~ Chairman City Council City of Okeechobee ATTEST: City Clerk City of Okeechobee FIRST REGULAR MEETING ~U.ESDAY~ 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 13, 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; 2640 Steve Figley, Assistant Director; Richard B. Spray, Building Official and Sylvia Christian, Deputy Clerk. The Invocation was offered by Councilman Donald Burk. 80-1 APPROVAL OF MINUTES Councilman Burk moved to approve the minutes of the April 22~ 1980, meeting as presented, seconded by Councilman Chapman, vote carried. PUBLIC HEARING 80-40 SECOND AND FINAL HEARING - CITY RETIREMENT PLAN Chairman Douglas read for second and final hearing 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. 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. Director Fortner noted the effective date had been left blank, and suggested the amend- ment be made effective January 1, 1980. Attorney Conlon recommended the effective date be June 1, 1980, until he is able to research the possibility of having the effective date retroactive to January 1. Councilman Knight moved to accept the Amendments to Ordinances #352, #353 and #354, read by title only, seconded by Councilman Chapman, vote carried. 80-58 MERCHANTS OF SOUTH PARK STREET - DANIELS BUILDING Harry Trent, A-1 Western Wear 106 Southeast Park Street, appeared before the Council as for the merchants of the Daniels Building. spokesman Mr. Trent pointed out the fact that a parking problem exists and requested a "2 HOUR" 1 l' 1 I l"ll' ! I parking street be changed from parallel to angle parking. Councilman Chapman moved to establish a "2 HOUR PARKING" zone on the first block of Southeast Park Street east of Parrott Avenue, seconded by Councilman Burk, vote carried. Council advised the delegation to contact the County Commissioners in regard to painting the parking lines. PLANNING BOARD RECOMMENDATIONS 80-59 1) REZONING REQUEST - JANET MAYS Chairman Douglas presented the recommendation of the Planning Board to approve the rezoning request of Janet Mays to rezone from Residential, Single Family to Commer¢ial~ Lots l, 2 and B, Block 90, Town of Okeechobee. Councilman Knight moved to advertise for final public hearing of the rezoning request, seconded by Councilman Chapman, vote carried. 80-17 2) PROPOSED AMENDMENT TO ZONING ORDINANCE #402 Chairman Douglas presented the Planning Board recommendation to deny the proposed amend- ment to Zoning Ordinance #402 and offered an alternative. Councilman Raulerson moved to table the issue until the next regular meeting to enable Council to study further the section of Ordinance #~02 to be amended, seconded by Councilman Burk, vote carried. 80-53 MUZAFFAR HUSAIN, M.D. - STREET EXTENSION Dr. Muzaffar Husain appeared before Council for a final decision on his street extension request. Director Fortner presented a cost estimate for one hundred fifty (150) feet of extension in the amount of Seven Hundred Five Dollars ($705.00). Extension of a single lane drive. Councilman Knight moved to accept Director Fortner's proposal of a single lane street extension, seconded by Councilman Chapman. Councilmen Knight and Chapman voted yes. Council- men Burk and Raulerson opposed. Chairman Douglas voted yes, motion passed. COMMUNICATIONS FROM DEPARTMENT HEADS A. BUILDING OFFICIAL 80-B8 1 ) BULK PLANTS Delta Petroleum representative, Bill Thornton, presented plans to remodel the gas ~ station located on South Parrott. Mr. Thornton noted the under ground storage tanks will be moved from the south side to the back side of the building. Attorney Conlon saw no problem with a retail outlet, however, a bulk plant will require an amendment to the Zoning Ordinance #402. Detailed discussion followed regarding existing bulk plants within the City under the "Grandfather clause". Attorney Conlon informed the Council the grandfather clause ceases to exist when a piece of property changes ownership. Councilman Raulerson explained Zoning Ordinance procedure by stating until Delta Petroleum goes before the Planning Board and the Planning Board presents a proposed amend- ment to Ordinance #402, the City Council can not permit the use of a bulk storage plant. No decision was made but Thornton agreed to present his plans to the Planning Board. 80-60 2) FENCES - YARD REQUIREMENTS Building Official Spray pointed out a problem with Zoning Ordinance #402 regarding fences and yard requirements. Councilman Burk recommended Council Workshop this problem. Council agreed. 80-61 3) RESIGNATION Building Official Spray announced his intention to retire as of July 1, 1980. Mr. Spray requested a leave of absence, prior to retirement, for an eye operation. Councilman Raulerson moved that upon written request the Council grant leave of absence to Richard B. Spray for an eye operation, seconded by Councilman Burk, vote carried. 4) HIRING A REPLACEMENT Building Official Spray requested Council consider hiring a qualified person recommended by him. Councilman Burk reminded him the City is an "Equal Employment Opportunity" employer so the open~ng must be advertised. B. POLICE CHIEF 80-48 1) BIDS ON NEW PATROL CAR Bid opening occured Friday, May 9, 1980, at 3:00 P.M.. Chief Mobley recommended the --~ Council award the bid to Okeechobee Chrysler-Dodge, Inc. in the amount of Seven Thousand One Hundred Ninety-Seven Dollars ($7,197.00). Chief Mobley noted the balance in the budget for vehicles and equipment is Seven Thousand Six and 42/100tbs Dollars ($7,006.42) and will need an. additional One Hundred Ninety and 68/lO0ths Dollars ($190.68). The new patrol car will enable the City to have a back-up unit at all times. Councilman Chapman moved to authorize the purchase from Okeechobee Chrysler-Dodge, Inc. a new patrol car in the amount of Seven Thousand One Hundred Ninety-Seven Dollars ($7,197.00), seconded by Councilman Knight. Councilman Burk recommended that this and other items be discussed in a Budget Workshop, where cut backs in spending can be established. Councilman Raulerson noted the city would be purchasing a 1980 patrol car that would depreciate a year in four months when the 1981 models come out, and suggested waiting. Chairman Douglas called for a vote on the motion. Councilmen Chapman and Knight voted yes, Councilmen Burk and Raulerson opposed. Chairman Douglas voted no, motion denied. 2) APPLICATION FOR EMPLOYMENT Chief Mobley presented an application for employment of Craig Raymond Worth as dispatcher to replace Bill Suggs, and recommended Council approve him at a beginning salary of Eight -'~ Thousand Nine Hundred Sixty-Five Dollars ($8,965.00) annually. 264'3' Councilman Chapman moved to accept Chief Mobley's recommendation and hire Craig Raymond Worth, seconded by Councilman Raulerson, vote carried. 3) RULES AND REGULATIONS BOOK FOR POLICE PERSONNEL Chief Mobley presented a newly drafted Rules and Regulations Book for Police personnel. Chief Mobley asked Council to review it for recommendations and/or approval of the manual. Councilman Burk noted he had read the entire manual prior to the meeting and requested a Workshop be scheduled for further study. C. FIRE CHIEF 1) LETTER OF RESIGNATION Chief Tomey presented a letter of resignation from Kenneth Mark Brown and recommended Council accept it. Councilman Knight moved to accept the letter of resignation, seconded by Councilman Chapman, vote carried. 2) APFLICATION FOR EMPLOYMENT Chief Tomey presented an application for employment of Jessie Lee Bailey, presently a CETA employee, and recommended hiring him full time at a beginning salary of Eight Thousand Nine Hundred Sixty-Five Dollars ($8,965.00). The position was advertised on the local radio station with nine applications received. Councilman Knight moved to employ Jessie Lee Bailey as firefighter beginning salary of Eight Thousand Nine Hundred Sixty-Five Dollars {$8,965.00), seconded by Councilman Chapman, motion passed. 80-43 3) BURNING ORDINANCE Chief Tomey stressed the need for an ordinance governing burning and noted the City Attorney has been given a rough draft of such an ordinance. D. DIRECTOR OF FUBLIC WORKS 1) MONTHLY ACTIVITY REFORT Director Fortner presented the Activity Report of the Water, Sewer and Street Departments for the month of April, 1980. 2) MEMORANDUM #1 - COST OF SERVICE SEMINAR Director Fortner presented a brochure regarding a Cost of Service Seminar to be held on May 21, 1980, cost being One Hundred Twenty-Five Dollars ($125.00). Councilman Burk recommended, unless this would prove to be extremely beneficial, Council should choose not to send a delegate. Council agreed. 3) MEMORANDUM #2 - AFFLICATIONS FOR EMFLOYMENT Director Fortner presented two applications for employment in the Street Department. Councilman Knight moved to hire Joe Mills Booker and Stephen Craig Levitt for the Street Department at the recommended beginning salary of Eight Thousand One Hundred Twelve Dollars ($8,112.00), seconded by Councilman Chapman, motion passed. 5 644 4) MEMORANDUM #3 - FENCE AROUND 2 WATER TANKS Memorandum #3 concerning a chain link fence around two water tanks, was presented. This being a budgeted item of Eight Thousand Dollars ($8,000.00), Director Fortner requested approval to advertise for bids to install the fences. Councilman Burk moved to deny expending the Eight Thousand Dollars ($8,000.00) on Memorandum #3 for chain link fences, seconded by Councilman Knight, motion passed. Councilman Chapman asked if an alternative would be to construct concrete polls with cable to prevent parking under the tanks. Councilman Burk suggested that Director Fortner get an estimated cost for concrete polls and cable then report back to the Council. 80-52 5) MEMORANDUM #4 - PAVING STREETS Memorandum #4, presented by Direcgor Fortner for Council's information, concerned a list of streets to be paved by the County. Also attached was a list of streets needing to be paved, submitted by Director Fortner for Council's consideration and comments. Council authorized City to haul shell for County to aid in the paving. 80-39 6) CITY PROPERTY - 151 ACRES Director Fortner informed the Council that the boring of the one hundred fifty-one (151) acres is scheduled for the week of May 19th. Councilman Knight asked Council's intentions of leasing the property. Council had previously decided to pursue the possiblity of leasing the property after the boring was complete. Councilman Burk questioned the fact that if the property is leased to one individual this will bar any other citizen from using the land as originally planned. Councilman Knight moved to bid the property out for a one year lease with a termination clause, Councilman Chapman seconded. Councilmen Knight, Chapman and Raulerson voted yes. Councilman Burk opposed. Motion carried. Councilman Knight and Director Fortner to work out details of lease, termination clause of sixty (60) to ninety (90) days and City to reserve the right to enter the pPoperty at any time for inspection or testing. Council to approve specifications of the lease prior to advertising for bids. 80-49 7) CHEMICAL BIDS - WATER PLANT A proposal from Apperson Chemical was presented to the Council at the first meeting in April. At that time it was noted that Apperson Chemical proposed a renewal of contract for twelve (12) months with an additional two percent (2%) ~urcharge. Director Fortner recommended accepting a twelve (12) month contract plus the two percent (2%) surcharge. Councilman Burk moved to award the contract to Apperson Chemical Company on a firm bid 2645 price for a twelve month period of time and permit them to add such fuel surcharges as necessary, seconded by Councilman Chapman, vote carried. If Apperson Chemical does not agree to terms, Councilman Burk recommended putting contract out for bid. 80-62 8) SURVEY REVEALING AN ENCROACHMENT LOTS 6 & 7~. BLOCK 5t .ROYAL OAK ADDITION Director Fortner brought to Council's attention that a shed on Lot 8, Block 5, Royal Oak Addition located on Southwest 3rd Avenue encroaches onto City property. Councilman Burk moved to instruct the City Attorney to send the owner a letter of information concerning the encroachment, enclosing with the letter a copy of the survey, seconded by Councilman Chapman, vote carried. 80-7 9) CLEARWELL Chairman Douglas asked for an up-date on the status of the Clearwell. Director Fortner informed the Council that City Engineer, Don Sheppard recently in- spected the clearwell on the outside, made measurements and took photographs of the leaks. Then suggested the City put additional stress and strain on the tank by pumping it down to a lower level. In trying to do so, Director Fortner encountered several problems. Councilman Burk recommended the City Attorney be given a complete file to date and keep it up-dated. Council agreed. F. CITY CLERK 1) BUDGET REPORT Clerk Thomas distributed the General Fund six (6) month report and asked that Council study it prior to budget Workshop. 2) CITY CLERK CONFERENCE Clerk Thomas reviewed for the Council some items she felt would be of interest to them that she learned at the annual City Clerks Conference. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS 1) WORKSHOP DATE Chairman Douglas set up a Workshop for the six (6) month Budget review on Thursday, May 22, 1980, at 7:00 P.M. Also, to be discussed is the issue of fences. 80-8 2) 201 FACILITY PLAN Director Fortner noted construction on the 201 Facility Plan should continue toward completion date, September 1981. Council requested a letter from the County Commissioners indicating their position on the 201 Facility Plan. Chairman Douglas to write letter. 80-63 3) MILEAGE RATE Chairman Douglas indicated the need to establish a standard mileage rate for employees using private vehicles for City business. 2646 Councilman Burk moved to set the City mileage rate, for employees using their own vehicles, at seventeen cents (17~) within the City and fifteen cents (15¢) out of town (thirty miles or further), seconded by Councilman Raulerson, vote carried. B. JIM KNIGHT Upon a complaint from Dr. James, Councilman Knight asked that Director Fortner check into the rate being charged for water and sewer. C. DONALD BURK 1) EMPLOYMENT APPLICATIONS Councilman Burk requested that when filling a vacancy, Council review all applications that meet minimum qualifications. 80-51 2) ATTENDED PLANNING BOARD MEETING Councilman Burk noted he had attended the Planning Board meeting, at Council's request, and asked the Board to work on and submit a plan for lot clearance within the City. The Planning Board agreed to begin work as soon as possible. 3) DEPARTMENT HEADS - ASSISTING CITIZENS Councilman Burk requested the Council and Department Heads refrain from making recom- mendations for citizens. 80-5? DISCRIMINATION SUIT Chairman Douglas brought up the issue of overtime for L.C. Fortner, Jr. and Steve Figley for work on the discrimination suit, or hiring an outsider to do the work. --~ Attorney Conlon suggested that Director Fortner be allowed to proceed as in the past, due to the fact that he (Fortner) will have to defend the answers in court. Due to the tremendous volume of work, described in detail by Steve Figley, Assistant Director, Council agreed to allow the Department Head to be paid overtime. DISBURSEMENTS Vouchers on the following funds were approved: Water & Sewer Revenue Fund $465,970.66 Water & Sewer Operation & Maintenance $50,851.12 General Fund $83,023.69 Cigarette Tax Fund $398,702.79 I & S Refunding Bonds $37,500.00 Anti-Recession Fund $613.38 Pay Roll Account $17,734.87 Federal Revenue Sharing Trust Fund $13,998.26 ADJOURNMENT There being no further business, Chairman Douglas Recessed the meeting at 11:23 P.M., until the Workshop Session May 22, 1980, at 7:00 P.M. Edwar~ W. D6uglas / Chairman City Council City of Okeechobee City Clerk City of Okeechobee