1980-05-27 Regular Meeting2648
Councilman Chapman moved to transfer $700.00 from (515.33) Maps & Reproduction to
Humane (562.31), seconded by Councilman Knight, motion passed.
Councilman Raulerson moved to transfer $1,500.00 from Clerk's Office Equipment Repair
and Maintenance {513.32) to Clerk's Office Expense (513.31), seconded by Councilman Burk,
motion passed.
Councilman Burk moved to transfer $345.00 from Employee Christmas (519.13) to Clerk's Office
Overtime (513.12), seconded by Councilman Raulerson, motion passed.
Councilman Burk moved to transfer $5,550.00 from Police Department Vehicles and Equip-
ment (521.61) as follows: $300.00 to Health Insurance (519.18); $650.00 to Disability
Insurance (519.19); $400.00 to Telephone (519.31}; $3,000.00 to City Hall Operation and
Maintenance (519.32); $600.00 to Communication Expense (519.35); and $600.00 to Director
of Public Works, seconded by Councilman Raulerson. Councilmen Burk, Knight and Raulerson
voted yes. Councilman Chapman opposed. Motion passed.
Councilman Raulerson moved to transfer $3,500.00 from Fire Department Equipment (522.61)
to Fire Department Operating Expense (522.31) and transfer $1,000.00 from Fire Department
Salaries (522.11) to Fire Department Operating Expense (522.31)~ seconded by Councilman
Burk, motion passed.
ADJOURNMENT
There being no further business, Councilman Knight moved to adjourn, seconded by
Councilman Raulerson. Motion passed with Councilman Chapman opposed.
Edward W. DougIas ~/
Chairman City Council
City of Okeechobee
ATTEST:
Bonnie S. Thdmas --
City Clerk
City of Okeechobee
SECOND REGULAR MEETING TUESDAY~ MAY 27, 1980
The City Council of the City of Okeechobee, Florida, convened in a Regular Meeting in
City Hall Council Chambers on Tuesday, May 27, 1980, at 7:00 P.M.
Chairman Pro-Tem Lytle Raulerson presiding with the following Councilmen present: Jim
Knight, Oakland Chapman and Donald Burk. Chairman Edward W. Douglas was absent.
Others present were: Bonnie S. Thomas, City Clerk; Keith Tomey, Fire Chief; L.C. Fortner,
Jr., Director of Public Works; David Conlon, City Attorney and Sylvia Christian, Deputy Clerk.
The Invocation was offered by Councilman Jim Knight.
80-1 APPROVAL OF MINUTES
With no corrections, additions, deletions Councilman Burk moved to approve the minutes of
I T- I " I !11 'Il I
2649
the May 15, 1980, meeting, seconded by Councilman Chapman, motion passed.
80-17 PROPOSED AMENDMENT TO ZONING ORDINANCE #402
Chairman Pro-Tem Raulerson called for discussion of the proposed amendment to Zoning
Ordinance #402 which had been tabled at the May 13, 1980, meeting.
Councilman Burk moved to postpone any further action on the proposed amendment to Zoning
Ordinance #402 until some future date to be Workshoped for further discussion, seconded by
Councilman Chapman, motion passed.
80-60 FENCES - YARD REQUIREMENTS
Council. discussed at length the Zoning Ordinance #402, Section 7, paragraph 1, regarding
fences and yard requirements.
It was determined that enforcement was the problem and any fence coming into existence
after the adoption of Zoning Ordinance #402 should be regulated and enforced by the Zoning
Ordinance.
Councilman Knight moved to notify Building Official Spray's office to check for violations
then have the City Attorney draft a letter to be sent to the citizens in violation, seconded by
Councilman Burk, motion passed.
80-66 STEVEN T. ROGERS - BLUE CROSS/BLUE SHIELD
Mr. Steven T. Rogers, Blue Cross/Blue Shield representative, appeared before the Council
and aptly presented an insurance proposal for Council's consideration.
Council to study this and other proposals prior to renewal date of June 15, 1980.
80-38 BULK PLANTS - MARVIN W. WHERRELL
Marvin W. Wherrell appeared before the Council to discuss Delta Petroleum's bulk plant
and the sections of Zoning Ordinance #402 which pertain.
Chairman Pro-Tem Raulerson noted that according to the District Regulations the filling
station can be remodeled for use, but under no circumstances can the underground storage tanks
continue to be used as a bulk plant facility.
Attorney Conlon was unable to advise on this matter due to a conflict of interests.
Chairman Pro-Tem Raulerson suggested contacting Dr. Earnest Bartley, consultant, for his
interpretation of Zoning Ordinance 402 concerning this situation.
Council discussed the safety regulations of the State Fire Code and the various restrictions
of Zoning Ordinance 402 pertinant to the bulk plant problem.
Mr. Bill Burton, Delta Petroleum representative, offered his opinions of the need for
bulk plants in the City.
Chairman Pro-Tem Raulerson instructed Mr. Wherrell that a decision will be made after
consulting Dr. Bartley.
COMMUNICATIONS FROM DEPARTMENT HEADS
A. CITY ATTORNEY
80-65 1) ORDINANCE TO AMEND 1979-80 GENERAL FUND BUDGET
Chairman Pro-Tem Raulerson read by title only an Ordinance to amend the 1979-80 Budget.
2650
Councilman Burk moved to accept the first reading by title only, seconded by Councilman
Knight, motion passed. .
80-62 2) ENCROACHMENT OF CITY PROPERTY -~
Attorney Conlon has notified, by certified letter, the land owner of the existing en-
croachment on City property.
3) OLEN GODWIN - SUIT
The Workman's Compensation case of Olen Godwin has been settled. A copy of the settle-
ment to be placed on file in the City Clerk's office.
80-7 4) CLEARWELL- LAGROW IRRIGATION
The attorney representing LaGrow Irrigation has contacted the City Attorney to try to
arrive at a settlement.
Settlement being the City pay LaGrow the remaining balance on the contract in return
LaGrow will sign an agreement stating this would in no way obligate either party or in no way
be an admission by the City that the job had been accepted.
LaGrow has stated he has been awaiting further instruction. Director Fortner noted no
further instructions have been given after attempts to repair the leaks have failed.
City Engineer Don Sheppard has contacted LaGrow, in a letter dated May 19, 1980, regarding
a possible new elastic sealant.
Councilman Burk recommended defering action on this matter until such time the City
engineer is contacted and informed of the offer. --~
Attorney Conlon asked to report back in two weeks with a complete analysis of the legal
issues to determine where the City stands. Council agreed.
5) EMPLOYMENT DISCRIMINATION BOOKS
Attorney Conlon purchased a set of "Employment Discrimination Books", one set to be
kept in the City Clerk's office in the future. Conlon asked to be reimbursed for the City's
portion of the books.
Councilman Burk moved to purchase the books on Employment Discrimination to have in the
Clerk's office, seconded by Councilman Knight, motion passed.
6) LEGAL SEMINARS
Attorney Conlon requested permission to attend two separate legal seminars 1) Personal
liability of local governmental officials, and 2) Florida zoning.
Conlon noted he would pay the registration fees and charge the City his hourly rate.
Seminars are eight hours each.
Councilman Burk moved to authorize Attorney Conlon attend the two seminars stated above,
seconded by Councilman Chapman, motion passed.
80-59 ~) TAXES ON 154 ACRES
Attorney Conlon brought to the Council's attention there are property taxes left owing ~
on the one hundred fifty-four (154) acres of City property.
2651
Chairman Pro-Tem Raulerson instructed City Clerk Thomas to back the needed funds out
of Refuse Collection to create a line item Land Purchase to pay these taxes.
Councilman Knight moved to transfer $500.00 from Contingencies to Refuse Collection~
seconded by Councilman Bmrk, motion passed.
80-40 8) RETIREMENT ORDINANCES
Attorney Conlon advised the effective date of the three Retirement Plan Ordinances can
be retroactive to January 1, 1980.
9) 2 SUITS FILED AGAINST CITY
Attorney Conlon informed the Council of two law suits that have been filed against the
City, 1) an accident resulting in a death on Highway 78 near the water plant, and 2) on
behalf of a citizen requesting a writ for the Building Department to issue a permit to
construct a house in a mobile home zone.
10) DEAN TOOKER
Attorney Conlon introduced Dean Tooker and asked the Council to appoint Mr. Tooker as
Assistant City Attorney.
Councilman Burk moved to appoint Dean Tooker as Assistant City Attorney, seconded by
Councilman Chapman, motion passed.
B. FIRE CHIEF
80-~8 1) BULK PLANTS
Regarding the certified letters sent April 9, to the bulk plants within the City, Chief
Tomey has received one response, Delta Petroleum. Tomey asked if follow up is desired by
Council.
Attorney Conlon advised that Chief Tomey write a second letter citing the violations
and name a deadline for compliance. After the deadline ru~ an inspection, if not complied,
ex,nine the legal rights to close the establishments down until the violations are Corrected.
Council was in agreement.
80-43 2) OPEN BURNING
Chief Tomey advised the Council that according to the State Fire Code an individual
should draw a permit prior to open burning.
Tomey to supply copies of this law to the Council by the next meeting.
80-15 B) LETTER - PROPOSED TAXING DISTRICTS
Chief Tomey presented a letter of a proposed taxing district for fire protection which
by including residences within a three mile radius of City boundaries would reduce the initial
expense for City tax payers.
Councilman Knight suggested, this being an election year, have this issue put on the
ballot as a referendum to see what the City and County voters want.
Attorney Conlon noted a referendum is very complicated and can create problems, therefore,
suggested if County agreed put the issue to a straw poll for input.
Councilman Burk requested a Workshop prior to a final proposal to the County.
2652
Chief Tomey asked Council to consider applying for a new fire rating (last rating
obtained in 1974). Tomey felt the City's rating will drop even with the proposed expansion
of service.
Councilman Knight moved to instruct the Fire Chief to request a new fire rating for the
City of Okeechobee, seconded by Councilman Chapman, vote carried.
C. DIRECTOR OF PUBLIC WORKS
80-27 1} TEMPORARY WATER SERVICE - HUBERT HARDEN
Director Fortner presented a request from Hubert Harden for temporary water service for
four new homes.
Councilman Knight moved to grant temporary water service to four new homes on North
Cypress Street between Bass Avenue and Margarete Avenue until the new eight inch (8") water
main is installed, seconded by Councilman Chapman, vote carried.
80-52 2) STREET PAVING
Director Fortner presented a list of streets to be submitted to the County Commissioners
for possible paving.
Council discussed an order of priority.
Council authorized the Director of Public Works to submit the list of streets, as
presented, to the County.
80-67 3) STREET OPENING REQUEST
Ronnie Watts has approached Director Fortner requesting a portion of Southwest 5th Avenue -'~
be opened.
Council will require a formal request from the contractor prior to making any decision.
Plot plans with the number of houses to be built are needed.
4) TREE IN CITY'S RIGHT-OF-WAY
Councilman Burk brought to Council's attention the matter of a pine tree on the City's
right-of-way and requested the tree be removed.
Councilman Chapman moved to authorize the Director of Public Works check into the
situation and possibly correct it, seconded by Councilman Knight, motion passed.
COMMUNICATIONS FROM COUNCILMEN
A. LYTLE RAULERSON
80-19 1) APPROVED FIRE HYDRANTS
Chairman Pro-Tem Raulerson presented an exerpt from the County Commissioners minutes
approving the installation of five fire hydrants in the Douglas Park area.
Councilman Burk publically commended the County Commissioners for approving the installa-
tion of the five hydrants, noting that this is a step forward.
2) WORKSHOP LIST
Council discussed possible dates for Workshops on Ordinance #402, the 201 Facility Plan
and the Fire Department merger.
Council agreed to discuss the Fire Department merger at a Workshop, June 12, 1980.
2653
80-65 3) AMENDMENT TO WATER & SEWER BUDGET
Council discussed a possible amendment to the Water & Sewer Budget. The following
changes were established:
A) From Water System Improvements to New Storage Building - $18,500.00
B) A total of $11,000.00 from Chemicals to Overtime - $2,000.00; to Electricity - $4,000.00;
to Disability Insurance - $200.00; to Payroll Taxes - $900.00; and to Equipment Repair -
$4,000.00.
¢) From Chemicals to Discrimination Expenses - $10,000.00
Attorney Conlon read by title only a proposed amendment to the 1979-80 Water & Sewer
Budget.
Councilman Bupk moved to accept the first reading by title only, seconded by Councilman
Knight, motion passed.
80-40 4) PENSION TRUST FUND
Council discussed at length the Pension Trust Fund and what is required to maintain a
sound program. It was pointed out that the Fire and Police Departments are receiving
contributions from the State, in addition to the regular contributions of the City and
employees.
Attorney Conlon suggested writing a letter to the Board of Trustees stating that an
error has been discovered and is requesting a refund for over payment to Fire and Police
Department contributions.
Councilman Burk moved to instruct the finance officer to request the refund, seconded
by Councilman Chapman, motion passed.
Councilman Chapman moved to adopt the Pension Plan retroactive to January 1, 1980,
seconded by Councilman Burk, vote carried.
B. JIM KNIGHT
1) "R" RATED MOVIES
Councilman Knight voiced a complaint on behalf of a citizen regarding "R" rated adult
movies and movie previews being shown to minors.
Attorney Conlon to check into the procedures and legal aspects.
C. DONALD BURK
1) PARKING ON 6th AVENUE
Councilman Burk requested the "NO PARKING" be enforced along Northeast 6th Avenue by
Okeechobee Liquors.
2) LOITERING - NORTH SHORE PLAZA
Councilman Burk feels enforcement is slack regarding the loitering at the North Shore
Plaza, and requested something be done.
Attorney Conlon Requested permission to research anti-loitering ordinances and report
back to the Council.
ADJOURNMENT
There being no further business, Councilman Burk moved to adjourn at 11:08 P.M., seconded
by Councilman Knight, motion passed.
]~dward W. Douglas
Chairman City Council
City of Okeechobee
ATTEST:
Bonnie S ThS~as
City Clerk
City of Okeechobee
FIRST REGULAR MEETING TUESDAY~ JUNE 10p 1980
The City Council of the City of Okeeccobee Florida, convened in a Regular Session in
Council Chambers on Tuesday, June 10, 1980, at 7:00 P.M.
Chairman Edward W. Douglas presiding with the following Councilmen present: Oakland
Chapman and Donald Burk. Councilmen JimKnight and Lytle Raulerson were absent.
Others present were: Bonnie S. Thomas, City Clerk; David Conlon, City Attorney;
Richard B. Spray, Building Official; Keith Tomey, Fire Chief; David Hunter, Humane Officer;
Larry Mobley, Police Chief; L.C. Fortner, Jr., Director of Public Works and Sylvia Christian,
Deputy Clerk.
The Invocation was offered by City Clerk Bonnie S. Thomas.
80-1 APPROVAL OF MINUTES --~
Councilman Burk moved to approve the minutes of the May 22, 1980, meeting as presented,
seconded by Councilman Chapman, vote carried.
PUBLIC HEARING
80-59 SECOND AND FINAL HEARING - REZONING JANET MAYS
The rezoning request of Janet Mays was presented by Chairman Douglas for second and
final hearing. Mrs. Mays requested Lots 1~ 2 and 3, Block 90, Town of Okeechobee, De rezoned
from Residential, Single Family to Commercial.
No objections being voiced, Councilman Chapman moved to grant the rezoning request of
Janet Mays, seconded by Councilman Burk, motion passed.
80-38 MARVIN WHERRELL - BULK PLANT
Marvin Wherrell appeared before the Council seeking a final decision allowing Delta
Petroleum to operate a bulk plant on South Parrott Avenue.
Dr. Bartley was consulted prior to the meeting by Councilman Raulerson. Clerk Thomas
telephoned Raulerson to confirm the conversation.
Dr. Bartley advised if Delta Oil Company is changing from a 100,000 gallon capacity to
a 60,000 gallon capacity, this would be lessoning a nonconforming use. And if the canapy
is to be torn down without changing the structural part of the building, they are decreasing
a non-conforming use. This means the Council may permit the improvements if they so desire.
Councilman Burk stated in light of the fact that Dr. Bartley substantiated a portion of