1980-06-10 Regular Meeting2654
Edward W. Douglas f
Chairman City Council --~
City of Okeechobee
ATTEST:
Bonnie S. Tho~m~as '
City Clerk
City of Okeechobee
FIRSTREGULAR MEETING TU.ESDAY~ JUNE 10~ 1980
The City Council of the City of Okeec¢obee 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 Jim Knight 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 Hunte~ 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, be 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
of Section 6, paragraph 9, page 16 of Zoning Ordinance #402, "nothing contained herein
shall be deemed to prevent the strengthening or restoring to a safe condition of such
building or part thereof declared 'to be unSafe by the authorized official of the City of
Okeechobee charged with protecting the public safety . . ."
Due to the fact that Delta Petroleum intends to redo the structure for the benefit
of the City of Okeechobee, Councilman Burk moved to permit Delta to made this change,
seconded bY Councilman Chapman, vote carried.
80-42 PLANNING BOARD - SARAH PRICE
Chairman Douglas read the letter of resignation of Sarah F. Price from the Planning
Board due to her recent appointment to the County Commissioners.
Councilman Burk moved to accept the resignation of Sarah F. Price from the Planning
and Zoning Board, and instruct the City Clerk to readvertise for applications, seconded by
Councilman Chapman, motion passed.
MEETING CALENDAR
Chairman Douglas presented the meeting calendar as follows:
July 8th and 22nd, 1980
August t2th and 26th, 1980
September 9th and 23rd, 1980
Councilman Burk moved to accept the schedule of regular meeting dates as read, seconded
by Councilman Chapman, vote carried.
80-66 EMPLOYEE HEALTH INSURANCE
With the renewal date of June 15, 1980, for employee health insurance/ the Council
reviewed a comparison of companies. Steven Rogers of Blue Cross-Blue Shield was present to
answer any questions.
Councilman Burk recommended the Department heads set up a meeting for the employees to
meet with the representatives of the companies competing for the group. This will enable the
employees to voice their opinions.
Councilman Burk moved to tentatively accept Blue Cross-Blue Shield subject to the
employees input, with final decision on June 24, 1980, seconded by Councilman Chapman, vote
carried.
80-68 PASTOR OF CHURCH OF GOD - KILGORE
Pastor Kilgore of the Church of God presented a letter from the Ministrial Alliance
requesting a Community Relations Committee be established.
This committee will serve to open avenues of communication between the various groups
within the City.
Councilman Burk suggested continuing discussion of this at the Recessed meeting when the
other Council members are present.
COMMUNICATIONS FROM DEPARTMENT HEADS
A. CITY ATTORNEY
80-60 1) FENCE - YARD REQUIREMENTS
Attorney Conlon presented Council with a form letter for the building department to use
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for notification of violations of the portion of Ordinance #402 regarding fences.
Councilman Burk moved to use the form letter temporarily until such time the Council
can restruture the Ordinance for fence violations, seconded by Councilman Chapman, vote
carried.
80-7 2} CLEARWELL - OWENS/LAGROW
Arrangements have been made to discuss at length the Clearwell issue at the Recessed
meeting Thursday, June 12. The City engineer will attend to answer questions.
3) "R" RATED MOVIE PREVIEWS
Attorney Conlon informed the Council there are two Bills pending in the Legislature
regarding "R" rated movies and previews. If passed the bills will regulate the admittance
of underaged children to a theater when "R" rated movie previews are to be shown.
4) LOITERING
Loitering at the North Shore Plaza can not be governed by any regulations due to the fact
that it is private property.
B. FIRE CHIEF
80-43 1) OPEN BURNING
Chief Tomey sent the Council a copy of the regulations set out in the Fire Prevention
Codes for open burning.
Chief requested Council input on drafting a burning permit. At present citizens are
allowed to burn debris as long as they remain within the guidelines set out in Chapter 17.5 --~
of the Environmental Regulations.
Once drafted, permits will be issued by the Fire Chief only.
80-69 2) I.S.O. RATING
As requested by Council, Chief Tomey contacted the I.S.O. office in Jacksonville by
phone and requested a rating change.
Chief Tomey was informed a City has to show just cause as to why a change in rating is
requested. When learning this, Tomey briefly discussed the changes in the Water, Building
and Fire Departments since the last rating in 1974.
The representative advised Chief Tomey that with the upgraded changes mentioned, the City's
rating could drop to as low as a "6", and urged Tomey to write a letter requesting an
inspection.
80-38 3) BULK PLANTS
Chief Tomey has been contacted by each of the bulk plant owners regarding their violations.
Ail the violations either have been or will be corrected in the near future.
Councilman Burk requested the Council instruct Fire Chief Tomey to personally make all
the inspections of the bulk plants and not delegate the authority to anyone else. Council
agreed. --~
C. DIRECTOR OF PUBLIC WORKS
80-29 1) E.P.A. EXTENSION REQUEST
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Director Fortner presented Council with a copy of a letter from Environmental Protection
Agency denying the City's request for an extension of the Sewer Plant permit.
2) SEWER PLANT INSPECTION REPORT
A copy of a letter from the Department of Environmental Regulations (DER/ was presented
to the Council.
The letter contained the Sewer Plant Inspection Report which listed the areas the DER
deemed deficient.
80-7 3) CLEARWELL PROGRESS RE?ORT
Director Fortner distributed copies of a letter from Don Sheppard to Concrete Horizons,
Inc. requesting additional information on their products to repair the clearwell.
Engineer Don Sheppard will attend the Recessed Meeting on June 12, 1980, to answer
questions.
The Clearwell is being emptied and refilled once a week to monitor the leaks which, at
this time, are still apparent. This is being documented and copies given to the City Attorney.
4) APPLICATIONS FOR EMPLOYMENT
Director Fortner presented thirteen applications for an Equipment Operator I for the
Streets Division. Of the thirteen that met the minimum qualifications, Director Fortner
recommended hiring Charles Jones.
After reviewing all the applications, Councilman Burk moved to hire Charles Jones as
Equipment Operator I at a beginning salary of Eight Thousand One Hundred Twelve Dollars
($8.112.00}, seconded by Councilman Chapman, motion passed.
5) EMPLOYEE EVALUATION
Director Fortner presented an Employee Evaluation report on Stephen Figley who recently
completed a correspondence course and received a Class "C" rating from DER. The Director of
Public Works recommended an increase in salary for Steve Figley of Five Hundred Dollars
($500.00).
Councilman Burk, this being a budgeted item, moved to increase the salary of Stephen
Figley as recommended, seconded by Councilman Chapman, motion passed.
6) MONTHLY REPORT
The Water, Sewer and Street Departments Activity Report for the month of May, 1980,
was presented to the Council.
Do CITY CLERK
Clerk Thomas asked Council's intentions regarding Building Official Spray's upcoming
retirement.
Councilman Burk expressed the~desire for a Resolution for appreciation be presented to
Mr. Spray by the Mayor. Council also wished to include a plaque in the presen-
tation.
COMMUNICATIONS FROM COUNCILMEN
A. EDWARD W. DOUGLAS
,~) REPLACEMENT OF BUILDING OFFICIAL
2658
In order for the notice to appear in the news giving ample time for
response, Chairman Douglas had instructed the City Clerk to advertise for --~
the position of Building Official to replace Mr. Spray.
Advertisement to appear in the local news on June 12th and 19th, 1980.
Decision to be made at the June 24th meeting.
80-70 2) HUMANE SOCIETY AGREEMENT
Chairman Douglas informed the Council a problem had arisen between
the Humane Society and the Humane Officer. There was some question as to
the responsibilities of the Humane Officer at the dog pound.
Chairman Douglas noted the Humane Society Agreement expires on September
25, 1980.
Dera Thompson, representative of the Humane Society, and David Hunter,
Humane Officer, were present to discuss the differences.
Councilman Burk reviewed for Council's benefit Resolution #79, pointing
out the duties of the Humane Society as follows:
"The Humane Society shall see to it that all animals kept in the facility
are fed, cleaned, humanely disposed of when necessary, and that the facility
is kept in a clean condition." "The City dog control office shall deliver
impounded animals to the care and control of said Humane Society." --'
Chairman Douglas stated the duties set out in the Resolution will be
followed by the Humane Officer.
80-8 3) 201 FACILITY
Chairman Douglas read a letter received from the County Attorney stating
the County's position concerning the "201 Facility".
The County has been awaiting a formal proposal from the City as to the
financing of the project. As to the operation of the sewer facility it
appeared to be the general concensus of the County Commission that the City
should operate the facility.
Chairman Douglas requested the presence of the entire Council for
discussion and a decision on this matter. A decision is needed in the near
future since the EPA denied the extension.
Attorney Conlon suggested researching the possibility of leasing the
four hundred (400) acres instead of the County.
In the futura, upon completion of the sewer facility, the possibility
of annexation was discussed to aid in the payment of the facility.
4 ) SEMI-MONTHLY PAYROLL
With Budget Sessions coming up in the near future, Chairman Douglas
mentioned the possibility of switching over to a semi-monthly payroll. By
2659
so doing would save time and money.
B. DONALD BURK
Councilman Burk requested discontinuing the use of the tape recorder.
Clerk Thomas stated that the taking of the minutes came under her
jurisdiction and prefers to use the tape recorder.
Attorney Conlon advised that Clerk Thomas is an elected official in
charge of the minutes and if she so desires, may use a tape recorder.
DISBURSEMENTS
Vouchers on the following funds were approved:
Water & Sewer Operation & Maintenance $62,329.13
Water & Sewer Revenue Fund $217,933.98
General Fund $71,081.06
Anti-Recession $489.03
Cigarette Tax Fund $100,000.00
I & S Refunding Bonds $45,400.00
Payroll Account $22,198.69
ADJOURNMENT
There being no further business, Chairman Dauglas recessed the meeting
at 10:25 P.M. until Thursday, June 12, 1980.
Edward W. Douglas
Chairman/Mayor
City of 0keechobee
ATTEST:
Bonnie S. Thomas
City Clerk
City of 0keechobee
RECESSED SESSION THURSDAY, JUNE 12, 1980
The City Council of the City of 0keechobee, Florida, met in recessed
session in the City Hall Council Chambers on Thursday, June 12~ 1980, at
7:00 P.M.
Chairman Douglas presided with the following members present: Councilman
Lytle Raulerson, Councilman Donald Burk, Councilman Jim Knight and Councilman
Oakland Chapman.
Others present were: Bonnie S. Thomas, City Clerk; LoC. Fortner, Jr.,
Director of Public Works, Larry Mobley, Police Chief; Keith Tomey, Fire Chief;
Don Sheppard, City Engineer; David Conlon, City Attorney and his assistant
--- Dean Tooker.
80-65 PUBLIC HEARING
SECOND AND FINAL HEARING - BUDGET AMENDMENTS