1980-06-24 Regular Meeting 2663
Councilman Burk wanted to hear both sides. He felt Councilman Chapman
had the right to make the investigation that he had. Councilman Burk
was not pleased with the present situation and he expressed the need for
the Chief to shape up the weak areas in his department.
Chairman Douglas stated the fact that this one and a half (1½) hours
spent airing these problems was well spent. That the Chief had admitted
some of the accuaations with a statement of trying to improve in his ad-
ministrative position. That he would become a more active Chief.
Therefore Chairman Douglas voted no to the motion making it a vote of
confidence for the City Police Chief.
The Chairman stated, however, that if the Chief does not improve it
will be his responsibility as Mayor to have a hearing and/or ask for a
resignation. But that if the Chief was willing to work to improve the
PoliCe Department he was willing to give him the opportunity.
Councilman Knight stated that he had less to do with the Chief's
department than any other in the City. He said he was not fully satisfied
with the present Police Department but had always been one to give a
person another chance. He felt there was a certain personality conflict
between the Chief and Councilman Chapman and stressed to the Chief that
if he intended to stay he needed to try harder to get along with his
Councilman.
A~J OURNMENT
Upon motion of Councilman Burk seconded by Councilman Raulerson, the
meeting was adjourned at ll:30 P.M. by Chairman Douglas.
dward W. Dc~uglas
Chairman/Mayer
City of 0keechobee
ATTEST:
onnie S. Thomas
City Clerk
City of 0keechobee
SECOND REGULAR MEETING TUESDAY.~ JUNE 24,, 1980
The City Council of the City of Okeechobee, Florida, convened in a Regular Session in
Council Chambers at City Hall on Tuesday, June 24, 1980, at 7:00 P.M.
Chairman Edward W. Douglas presiding with the following Councilmen present: Oakland
Chapman, Donald Burk and Lytle Raulerson. Councilman Jim Knight was absent..
2664
Others present were: Bonnie So Thomas, City Clerk; David Conlon, City Attorney; Dean
Tooker, Assistant Attorney; Richard B. Spray, Building Official; L.C. Fortner, Jr., Director
of Public Works; Lary Mobley, Police Chief; Keith Tomey, Fire Chief and Sylvia Christian, --~
Deputy Clerk.
80-1 APPROVAL OF MINUTES
Councilman Burk moved to approve the minutes of May 27, 1980, meeting as presented,
seconded by Councilman Raulerson, motion passed.
80-72 L.?. SANITATION
Chairman Douglas read a letter from Jay Huffman, L.P. Sanitation, regarding the
limitation on the number of recepti¢les to be picked up each week.
The letter is a written request to amend the franchise agreement to include the follow-
ing clause:
"The amounts to be picked up will be three cans or four plastic bags, each
residence, each pick up, placed by curb side or by the road."
Attorney Conlon to review the present franchise, determine if public input is needed
prior to amendment then report findings at the next regular meeting July 8, 1980.
80-66 CITY HEALTH INSURANCE
1) EQUITABLE INSURANCE
Roberta Ellison of Equitable Insurance presented a proposal for the City's group health
insurance.
2) BLUE CROSS/BLUE SHIELD
Steve Rogers of Blue Cross/Blue Shield appeared before the Council with final comments
on his proposal for the City's'group health insurance.
The vote of the employees present at the special meeting on June 17th, was Equitable -
seventeen (17), Aetna-nine (9) and Blue Cross-seven {7). Several of the employees that
voted for Equitable stated their second choice would be to remain with Aetna.
Councilman Burk moved to continue insurance coverage with Aetna for City employees,
seconded by Councilman Raulerson, vote carried.
80-7B CLAYTON WILLIAMS - TEMPORARY TRAILER USE
Sheriff Clayton Williams appeared before the Council requesting permission to use a
double wide trailer at the sheriff's office.
Attorney Conlon advised Council to consider establishing a time limit if they allow
the sheriff department to use a trailer as office space. If a time limit is not set trailers
will be used throughout the City instead of major improvements. (i.e. Indian River Junior
College, Driver License Bureau and the Hospital).
Councilman Chapman moved to allow the use of a double wide trailer for a period of
two (2) years.
Attorney Conlon stated there is some question as to whether Ordinance #402 superseded
the Ordinance governing temporary use of trailers, because it (402) purports to repeal
any ordinance dealing with its subject matter. If Ordinance #402 was enacted subsequently,
did it eliminate that ordinance.
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Councilman Burk suggested the Council research this matter and address it at the next
regularly scheduled meeting, July 8th.
Councilman Chapman withdrew the motion.
80-74 RESOLUTION - RICHARD B. SPRAY
Chairman Douglas read a Resolution expressing commendation and appreciation for the
service rendered to the City by Richard Spray.
The Resolution read as follows:
WHEREAS, the City Council authorized and instructed the City Clerk to prepare a
suitable resolution expressing commendation and appreciation for the untiring and
valuable service rendered to the City by
RICHARD B. SPRAY
as Building Official and that the City Clerk be further authorized and instructed to
enter such resolution in the City Records and to transmit a copy thereof to Mr. Spray, and
WHEREAS, Mr. Spray served faithfully as Building Official for nine years striving
for a better Okeechobee, now
THEREFORE, Be It Resolved, that the City of Okeechobee, extends to Mr. Spray its
humble expression of gratitude for serving the City faithfully and well, and its best
wishes for good health, success, and prosperity for many years to come.
Councilman Burk moved to adopt the Resolution to be signed by all Councilmen, seconded
by Councilman Raulerson, motion passed.
80-75 BUILDING AND ZONING ADMINISTRATOR - APPLICATIONS
Council interviewed five (5) applicants for the position of Building and Zoning
Administrator:
1) Jack E. Eltzroth
2) Bela J. Papp
3) Lawrence E. Rife
4) Theodore L. Starr
5) Jettie Mallette Westbrook
Council discussed the applicants in regard to being qualified as a Zoning Administrator.
Building Official Spray pointed out that according to the Southern Standard Building
Code one of the requirements is five years experience as general contractor or superintendant.
Councilman Raulerson suggested tabling the issue until the Southern Standard Building
Code can be studied.
Council agreed to table a decision and recess this meeting until June 30, 1980.
COMMUNICATIONS FROM DEPARTMENT HEADS
A. CITY ATTORNEY
80-62 1) PROPERTY ENCROACHMENT
Attorney Conlon has been contacted by the property owners regarding the encroachment
onto City property.
Conlon advised the owners that the City may perhaps entertain a lease in order for the
structure to remain. The owners expressed the desire to obtain a lease upon any terms Council
sees fit.
Councilman Burk questioned the status of City's liability if a lease is signed. Without
specific information, Attorney Conlon could not advise at this time. However, if the fence
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2666
was erected around the water tank next to the structure this could create an "attractive
nuisance."
Councilman Burk moved to have the attorney advise the owners that the building must be --~
removed so that it is no longer an encroachment within twelve (12) months, seconded by
Councilman Raulerson, vote carried.
80-7 2) CLEARWELL
Assistant City Attorney Dean Tooker was contacted by Sverdrup & Parcel and Associates,
Inc. an engineering firm which presented a proposal to conduct a survey, taking approximately
thirty (30) days, at a cost not to exceed Five Thousand Dollars ($5,000.00}.
Council discussed the issue of the City authorizing a core test to be run on the
clearweli and then being responsible for same.
Council feels the responsibility remains with the engineer and/or contractor to see
that the core samples are taken.
Councilman Burk questioned whether the City would be jeopardizing themselves in any
way by tampering with the tank which could be held against the City at a later date.
~orney Conlon advised the City to contact the City engineer and contractor and ask
them to decide between the two of them, within the next five days, which one will oversee
the coring operation. If they choose not to be responsible the City can then have the tests
run and not be liable.
3) FEDERAL FUNDING - ADMINISTRATIVE ASSISTANT -'~
Assistant Attorney Tooker advised he is in the process of gathering information on
administrative assistants and their involvement with Federal funding.
B. DIRECTOR OF PUBLIC WORKS
1) EMPLOYEE EVALUATION FORM
Director Fortner presented an employee evaluation report on William R. Luscomb and
recommended clasifying him as a permanent employee.
Councilman Burk moved to classify William R. Luscomb as a permanent employee having
completed his six month probationary period, seconded by Councilman Raulerson, vote carried.
2) ROOFING PROPOSAL
Director Fortner presented a proposal from Mac's Roofing to repair the roof on City
Hall where some of the tiles are loose or missing.
Councilman Chapman moved to accept Mac's Roofing proposal to repair the City Hall
roof, seconded by Councilman Raulerson, vote carried.
80-8 3) SUB-LEASE 201 FACILITY PLAN
Director Fortner distributed copies of the sub-lease agreement that Frederick Bell
Engineers had sent for the land at the Boy's School site for the 201 Facility Plan~ for
Council to study. --~
4) TEMPORARY EMPLOYEE
Director Fortner requested permission to hire a temporary employee to fill a recent
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2667
opening in the Street Department. The opening has created a shortage due to another
employee being on vacation
Councilman Burk questioned if, in hiring the temporary employee it would be made
known to him that he was hired on a temporary basis. And, although he may apply for the
position along with other applicants this in no way gives him an advantage over the others.
Fortner stated this would be made known.
Councilman Burk moved to permit Director Fortner to hire a temporary employee,
seconded by Councilman Chapman, vote carried.
80-8 5) 201 FACILITY PLAN
Council discussed what DER has specified the City do regarding sewage run-off into
Taylor Creek.
The City has been issued an order to cease to discharge into Taylor Creek by 1982, but
in no way has required a large sewer expansion program.
The possibility of a lesser project using the City property was discussed.
C. FIRE CHIEF
!) TRUCK #3
Chief Tomey informed the Council that the transmission in Truck #3 is in need of
repair. The Forestry Division has supplied the Fire Department with one to replace it.
Chief Tomey requested authorization for overtime for the City mechanic.
Councilman Chapman moved to allow City mechanic the overtime needed to replace the
transmission in Truck #3 for the Fire Department, seconded by Councilman Raulerson, motion
passed.
D. POLICE CHIEF
t) " NO DUMPING" SIGNS
Chief Mobley presented a request from citizen Frank Altobello to erect "NO DUMPING"
signs on his property at Southwest 9th Court.
Attorney Conlon advised the City is not responsible for dumping of trash on private
property. However, Mr. Altobello could post "NO TRESPASSING" signs.
Councilman Burk moved that the request for "NO DUMPING" signs be denied, seconded by
Councilman Raulerson, vote carried.
E. CITY CLERK
1) DESK CHAIR
Clerk Thomas requested permission to purchase a new desk chair in the amount of Two
Hundred Dollars ($200.00). The funds are available in the Clerk's budget.
Councilman Burk moved to grant the request for the purchase of a chair, seconded by
Councilman Chapman, vote carried.
COMMUNICATIONS FROM COUNCILMEN
A. EDWARD W. DOUGLAS
80-42 1) PLANNING BOARD MEMBER
The position of Planning Board member was advertised in the local news with no new
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2668
applications received. Coach Darrell Ferneau submitted a letter stating he would like to
be reconsidered at this time.
Councilman Burk moved to choose Darrell Ferneau replacing Sarah Price as Planning
Board member, seconded by Councilman Chapman, motion passed.
B. OAKLAND CHAPMAN
Councilman Chapman stressed a need for grading and repairing of a section of Southeast
13th Avenue. However, the road is on private property.
Attorney Conlon advised that the property owners could choose to deed the road right-of-
way to the City, the Council could then decide to improve the street.
C. LYTLE RAULERSON
1) MOBILE HOME IN RESIDENTIAL AREA
Councilman Raulerson brought to the attention of the Council the fact that a trailer has
been parked on a residential lot at Southeast 10th Avenue and Southeast 7th Street. The
trailer has been brought in for repair purposes.
Attorney Conlon to research the ordinances regulating trailers and report back to
Council.
80-71 2) CITY MANAGER
Councilman Raulerson asked for Council's input on hiring a City Manager. Raulerson
suggested having someone come and speak on the subject.
The need for a City manager is growing more and more imminent. Someone who can work '-~
full-time with each department and keep abreast of matters.
Council to invite the former City Manager of Ft. Pierce to appear at the June BOth
meeting and invite the City Manager of Stuart to appear July 8th.
~o-~ SOUTHWEST 5th AVENUE - 19th STREET
Director Fortner asked Council's intentions as to the fifteen (15) feet on each side of
Southwest 5th Avenue and Southwest 19th Street. Did they intend to deed it back to the
land owners?
There was some question as to whether the Council previously agreed to deed the portion
of the road back or did they only abandon the use of the road.
Attorney Conlon to research the matter and report back at next meeting.
SHELL FOR STREETS
Director Fortner informed the Council that shell for street repairs is needed.
However, it is not available from the County at this time.
Councilman Chapman to check into matter.
ADJOURNMENT
There being no further business, the meeting Recessed until Monday, June 30, 1980,
at 6:00 P.M. --~
Edward W. DougIas ' ~v ~
Chairman/Mayor
City of Okeechobee
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ATTEST:
City Clerk
City of Okeechobee
RECESSED MEETING MONDAY, JUN~,,~0, 1980
The City Council of the City of Okeechobee met in recessed session on Monday, June 30,
1980, at 6:00 P.M. Dr. Edward W. Douglas, Chairma~ called the meeting to order with the
following members present: Lytle Raulerson, Donald Burk, Jim Knight and Oakland Chapman.
Also present were Bonnie S. Thomas, City Clerk; L.C. Fortner, Jr., Director of Public Works;
Richard B. Spray, Building and Zoning Administrator and David Conlon, City Attorney.
80-75 BUILDING AND ZONING ADMINISTRATOR APPLICANTS
Chairman Douglas introduced Harley Green, applicant for the position of City Building
Inspector and Zoning Administrator. Councilman Burk opened the disucssion by interviewing
Mr. Green through questions pertinant to his experience and qualifications.
Applicant Rife explained to the Council that since the last meeting with the Council
he had studied the Zoning Ordinance #402 and understood he would need to do research before
writing permits.
Discussion ensued with Council on whether it would be feasible at this time to approach
the County with regard to combining City and County Building Inspectors job. The Council
felt that according to the applications received none were qualified as far as the City's
adopted Southern Building Codes were concerned. Some applicants explained they had the
ten (10) years experience required by the Code but just did not have room to put the informa-
tion on the application form.
The Council explained to the applicants that qualifications were set out in the City
adopted Code and must be adhered to. Therefore, the City must re-advertise for applicants
to fill the Building and Zoning position.
Councilman Knight made a motion to re-advertise for applicants for the Building Inspector
and Zoning Administrator position, seconded by Councilman Raulerson, vote carried. The
original applicants present were requested by Council to re-submit applications with resumes.
Date for new applications to be in is July 22nd.
Chairman Douglas asked the Council how they felt about combining the Building Inspector
job with the County and if they would like to see such a proposal worked up. Councilman
Knight suggested since Councilman Raulerson was over that department perhaps he could contact
the proper official of the County and discuss and compare their code requirements with the
City's then report his findings back to the Council. Councilman Raulerson agreed to do this.
Councilman Raulerson told the Council he had already spoken with County Building Inspector
Clayton White. The problem will be the County does not want to do our Zoning job. They have
their own set up and it is different from the City's.