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1980-07-22 Regular Meeting 2677 Councilman Burk suggested eliminating Donations (519.36) from the Budget. 80-8 201 FACILITY PLAN Council Discussed the different aspects of the 201 Facility Plan which included the deadline, financing with possible Bond hearings and the proposed land lease agreement between the State of Florida, County of Okeechobee and City of Okeechobee. ADJOURNMENT There being no further business, the meeting Recessed at 9:45 P.M. until Monday, July 21, 1980. Edward W. Douglas J~ - Chairman/Mayor City of Okeechobee ATTEST: ~bnnie S. Thomas City Clerk City of Okeechobee BUDGET WORKSHOP SESSION MONDAY, JULY 21, 1980 The City Council of the City of Okeechobee, Florida, convened in a Budget Session in the City Clerk's office City Hall, Okeechobee, Florida, at 7:00 P.M., Monday, July 21, 1980. Chairman Edward W. Douglas presiding with the following Councilmen present: Donald Burk, Oakland Chapman, Lytle Raulerson and Jim Knight. Others present were: L.C. Fortner, Jr., Director of Public Works, David Conlon, City Attorney and Sylvia Christian, Deputy Clerk. CITY ATTORNEY City Attorney Conlon touched briefly on two projects Council may consider in the future: 1) Codification of Ordinances 2) Charter revision (may be able to do without going to legislature) Funds will have to be made available in the up-coming budget if Council decides to pursue the projects. PERSONNEL CHANGES Council discussed with no action the possibility of obtaining a full time attorney for the City. Also discussed were the pros and cons of combining the City and County Building Departments and the Zoning Administrator. 1980-1981 BUDGET SESSION FOR WATER & SEWER DEPARTMENTS The Council entered into Budget Session for 1980-1981 Water & Sewer Departments. Tenta- tive figures were submitted for consideration. 2678 80-77 WATER RATE INCREASE Council discussed increasing the water rates. A question was raised as to the different rates charged to City and County residents. The possibility of an increase of B3 1/3% for City and 11% for County was discussed. 80-46 PAY PLAN Director Fortner requested the pay schedule for a Water ?lant Operator, pointing out it is difficult to hire employees to stay at the present pay plan level. ADJOURNMENT There being no further business, the meeting Recessed at 10:30 P.M. ard W. Douglas ~ Chairman/Mayor ~ City of Okeechobee ATTEST: Bbnnie S. Thomas City Clerk City of Okeechobee SECOND REGULAR MEETING TUESDAY~ JULY 22~...1980 The City Council of the City of Okeechobee, Florida, convened in a Regular Session --~ in Council Chambers at City Hall, Okeechobee, on Tuesday, July 22, 1980, at 7:00 P.M. Chairman Edward W. Douglas presiding with the following Councilmen present: Oakland Chapman, Donald Burk, Lytle Raulerson and Jim Knight. Others present were: Bonnie S. Thomas, City Clerk; L.C. Fortner, Jr., Director of ?ublic Works; Larry Mobley, Folice Chief; Richard Spray, Building Official; Keith Tomey, Fire Chief; David Conlon, City Attorney; Dean Tooker, Assistant Attorney and Sylvia Christian, Deputy Clerk. The Invocation was offered by Councilman Jim Knight. 80-1 A??ROVAL OF MINUTES Councilman Knight moved to approve, as presented, the minutes of the June 24th and BOth, 1980, meetings, seconded by Councilman Chapman, vote carried. 80-82 SHRINE CLUB G.D. Threadgill, representing the Shrine Club of Okeechobee, requested a permit for a chartered State fair beginning November 7, 1980, to run for nine (9) days. The Shrine Club would like to sponsor the fair. The monies received would be used for the Crippled Children's Fund and Burn Institute. Councilman Burk moved to grant permission to obtain a permit, not to exceed beyond ~ November 20, 1980, for the fair, seconded by Councilman Knight, vote unanimous. , - 2679 80-83 ORIN LEE - SHELL FOR A STREET Citizen Orin Lee appeared before the Council requesting shell on Northeast 10th Street for construction of F.H.A. homes for moderate income families. A statement of assurance is needed for F.H.A. funds. Director Fortner advised the approximate cost would be Eight Hundred Dollars ($800.00) to One Thousand Dollars ($1,000.00) for the shell only. Councilman Raulerson requested that Director Fortner submit a complete estimate at the August 12, 1980, meeting, covering shelling, grading; providing a turn around and water service, also, a report of available budget funds. Council agreed. 80-75 BUILDING & ZONING ADMINISTRATOR Council discussed the possibility of combining the City and County Building Departments and let the County be in charge. Councilman Knight had spoken with County Commissioner Jim Lashley who informed him the County Commissioners agreed and were in favor of assuming the duties. Councilman Knight noted he, too, was infavor of the merger. Councilman Raulerson asked Attorney Conlon with a merger would the County envelop the City zoning with the County zoning or would they enforce the City zoning. Attorney Conlon advised the County would have to revise their zoning to include the City. The City Comprehensive Plan would have to be completed using the County zoning plan. The pros and cons were discussed by the Council with Attorney Conlon advising this matter would require a great deal of planning and research. Councilman Burk proposed to the Council that before the issue is considered further, keep things as they are and explore this further. Fire Chief Tomey advised that the Fire codes go hand and hand with the Building Depart- ment and asked that Attorney Conlon determine the effect a merger would have on the codes. Chairman Douglas suggested a referendum on the December elections and give the public an opportunity to express their opinions. Council agreed to continue operating as is but contact other cities of similar size to see if any are operating withOut a zoning department. 80-75 APPLICATIONS FOR BUILDING OFFICIAL Council reviewed the applications received for Building & Zoning Administrator. R.P. Hutchinson, Jr. was present to answer questions Council may have regarding his qualifi- cations. Hutchinson commented he would prefer to withdraw his application if the City plans to persue the matter of eliminating the City Building Department. Council discussed the qualifications of J. Mallette Westbrook, not present, who had re-submitted his application with the additional information needed. Councilman Burk moved to hire Jettie Mallette Westbrook as Building and Zoning Adminis- trator, seconded by Councilman Raulerson, vote unanimous. 2680 80-67 RONNIE WATTS - STREET OPENING Ronnie Watts appeared once again requesting action be taken on the issue of opening a portion of Southwest 5th Avenue. He asked that the street be opened to the end of Block 28. Director Fortner informed the Council that Florida ?ower & Light Company will not install underground cable unless the customer pays for it. Also, the trees must be cleared to the right-of-way line before F.?. & L. will install overhead line. A seventy foot (70') right-of-way would call for the removal of a good number of the large trees. It was the hope of the developer to retain as many trees as possible. Director Fortner reported the approximate cost of such a project would be Five Thousand Six Hundred Dollars ($5,600.00). Director Fortner suggested reducing the width of the right-of-way to fifty feet (50') Council discussed the possibility. Councilman Knight moved to authorize the installation of a fifty foot (50') right-of- way, and let Director Fortner find out what Florida Fower & Light will do, seconded by Councilman Chapman. Councilman Raulerson stated a permit was issued without an open passable street which the contractor was aware of. Without a legal format or policy, granting the motion would constitute acting in a administrative capacity which would enable the Council members to be held personally liable in the future. Chairman Douglas called for a vote on Councilman Knight's motion. Councilmen Knight and Chapman voted yes. Councilmen Burk and Raulerson voted no. Chairman Douglas voted no. Motion denied. Ronnie Watts questioned the right of the Council to approve the street opening two years ago then disallow it at tonight's meeting. The house under construction is within three weeks of completion. As Attorney Conlon advised, Chairman Douglas noted certain policies need to be establish- ed for protection against law suits. Chairman Douglas stated the Council would check the minutes, then draw up a policy at a Workshop meeting, to be held on July 31, 1980. COMMUNICATIONS FROM DE?ARTMENT HEADS A. CITY ATTORNEY 1) W.H. JACKSON Citizen W.H. Jackson appeared before the Council and requested an easement or deed, to the property owners, of the property created when the portion of Southwest 5th Avenue was reduced from one hundred feet (100') to seventy feet (70'). Attorney Conlon engaged in a lenghty discussion as to the forms and procedures needed. Chairman Douglas advised Jackson that the City's procedure would be a presentation of the legal deScription of the right-of-way deleting the fifteen fee (15') from either side, advertise for two public hearings, then proceed by ordinance. 80-57 2) DISCRIMINATION SUIT Attorney David Lipman informed Conlon when he (LiPman) gathered all the facts he may discuss the possibility of a settlement with the City separate from the negociations with Iii ? ? I I the County. Lipman has filed an amendment to include the Councilmen, individually. Conlonhas been given a fifteen (15) day extension to file a response. "There is also an amended complaint which has been filed to include the residents in the Spanish subdivision. Due to the fact it was filed right at the time when our motion to dismiss had been granted to you, I don't really have proper standing to object," Conlon stated to the Council. Also, Conlon stated Lipman is insisting that a rule called "Rule 33" requires that each member of the Council sign all the interrogatories that have been prepared. If after researching, this is found to be true, Conlon will try to work out some kind of compromise where Council can sign an affidavit. 3) JOHNSON -vs- CITY The City is being sued due to an automobile accident. The complaint has been turned over to Aetna Insurance who in turn is providing the defense for the City. Accident having occurred outside the City limits. 4) FOLLARD -rs- CITY Conlon received a court order entered by the judge on July 21, 19801 Case was dis- missed as the plaintiffs did not fulfill their administrative remedies. Attorney for Follard has chosen to appeal the decision of the Zoning Administrator to the Board of Adjustments and Appeals. 5) HARTFORD INSURANCE -vs- CITY Hartford Insurance Company is suing the City and County for a half a million dollars. Aetna Insurance has informed the City that this suit is in excess of the City's coverage. Aetna recommends the City notify its excess carrier at once and acknowledge the letter. Conlon sent copies of the letter to Berger Insurance. The case involves the yellow flashing light at the Highway 70 East overpass. 6) TRIM BILL The July 15, Budget deadline only applies to the counties and school boards. The Florida League of Cities is sending out an update to all City Clerk's with a step-by-step procedure for Budget. Conlon noted the Council needs to pass a tentative budget as soon as possible and if it does not increase taxes more than eight percent (8%) over last year's millage the City will not have to pursue the Trim Bill advertising. 80-39 7) FROFOSED LAND LEASE Conlon reviewed the proposed land iease on the one hundred fifty-one (151) acres. Attorney sees a need for a few more additional clauses, prior to becoming final. 80-7 8) CLEARWELL Assistant Attorney Tooker received word that neither LaGrow nor Don Sheppard, City Engineer, desire to get involved with the core tests. 2682 Sheppard advised that for Sverdrup, Parcel & Associates, Inc. to keep the continuity and the viability of its report, they should indicate on the reservoir where the cores should be taken, how large and how the reservoir will be sealed after the core samples --~ are taken. If Council decides to proceed the contract with Sverdrup will have to be signed prior to any coring. The original contract call for the cost not to exceed Five Thousand Dollars ($5,000.00). Attorney for LaGrow is wanting to withdraw from arbitration and instead file a law suit directly against the City for non-payment. Attorney Conlon advised City can refuse to have LaGrow withdraw from arbitration, pre- pare for a suit from LaGrow or have the City sue LaGrow. Council was of the opinion to go forward with the possibility of a suit. Discussion ensued as to whether the City should hire the outside engineering firm prior to suing LaGrow, or visa versa. Councilman Burk moved to authorize Chairman Douglas to sign the contract with Sverdrup, Parcel & Associates, Inc. to test the reservoir as to the cause of leaks, seconded by Councilman Raulerson, vote unanimous. Councilman Knight moved to file suit against LaGrow Irrigations, Don Sheppard, Engineer and the Bonding Company for the leaking clearwell, seconded by Councilman Raulerson, vote unanimous. B. FIRE CHIEF --~ 1) WALKIE TALKIE Chief Tomey reported that a walkie talkie was destroyed in a fire and requested permission to replace it out of the 1979-80 Budget. Cost being approximately Eight Hundred Fifty Dollars ($850.00). Councilman Knight moved to authorize the purchase of a Fire Department walkie talkie funds to come from Contingency Funds, seconded by Councilman Chapman, vote carried. 2) LETTERS OF RESIGNATION Chief Tomey presented two letters of resignation from Robert V. Mears and Jessie Lee Bailey. Councilman Knight moved to accept the letters of resignation as presented, seconded by Councilman Chapman, vote carried. 3) APPLICATIONS FOR EMPLOYMENT Chief Tomey presented seven (7) applications to replace Mears and Bailey. None of the applicants were certified, the replacements will have to attend school. After consideration and upon the recommendation of Chief Tomey, Councilman Knigh~ moved to transfer Stephen Craig Levitt from the Street Department and hire Samuel Sanford Gray as firefighters, seconded by Councilman Chapman, vote carried. '-~ 4) 6 MONTH PROBATION PERIOD ~ Chief Tomey inquired about the six month probation period. 2683 It was determined at the end of a six month probation period, Council would like to review the evaluation sheet prior to deeming someone a permanent employee. Levitt will begin a new probation period with the Fire Department. C. POLICE CHIEF 1) SEMINAR Police Chief Mobley requested permission to fly to Atlanta, Georgia for the Police seminar rather that drive. Councilman Chapman moved to authorize Chief Mobtey to fly to Atlanta, Georgia to attend a seminar at a cost of Seven Hundred Forty-Four Dollars {$744.00)~ seconded by Councilman Knight. Councilmen Knight, Chapman and Raulerson voted yes. Councilman Burk opposed. Motion passed. D. DIRECTOR OF PUBLIC WORKS 80-84 1) RAILROAD CROSSING RIGHT-OF-WAYS Director Fortner presented two Railroad permits to cross Railroad property and re- quested Council authorize the signature of Mayor/Chairman Douglas on the agreement. The permits were needed for the extension of water lines on 9th Avenue and also Cypress Street. Director Fortner described the project in detail to answer questions of the Council. Councilman Burk moved to authorize the signature of the Chairman on the necessary documents and supply the funding needed, seconded by Councilman Raul~rson, motion passed. 2) DEVELOPMENT OF COMMERCIAL PROPERTY Director Fortner questioned the legality of putting in a street onto private property across an alleyway for expansion of a commercial area. Attorney to advise. 3) 201 FACILITY PLAN Upon Attorney Conlon's advise Council agreed to try to obtain a six month extension on the sewer plant expansion project. 4) EQUIPMENT FOR NEW BUILDING Director Fortner presented a request to purchase equipment for the new Water & Sewer Maintenance building. Councilman Burk moved to authorize the purchase of the ten (10) items listed on the request, total cost of Three Thousand Six Hundred Five Dollars ($3,605.00), seconded by Councilman Chapman, motion passed. 5) CHAIN SAW Fortner also made a request to purchase a chain saw for the Street Department. Councilman Knight moved to authorize the purchase of a chain saw at a cost of Three Hundred Sixty Dollars ($360.00), seconded by Councilman Chapman~ motion passed. 6} EMPLOYEE EVALUATIONS Director Fortner presented an employee evaluation report on Don Herr, performance has 26 4 been satisfactory. Councilman Knight moved to classify Mechanic Don Herr as a permanent employee, seconded by Councilman Chapman, vote carried. --~ The second employee evaluation report was on James T. Lambert, also satisfactory. Councilman Knight moved to classify James Lambert as a permanent employee, seconded by Councilman Chapman, vote carried. 7) PARK - FILL DIRT The needed fill dirt for the park amounts to five hundred yards of dirt aZ a cost of One Thousand Seven Hundred Fifty Dollars ($1,750.00). Councilman Knight moved to haul the needed fill dirt; install sprinkler system, fertilize and seed grass for the park, seconded by Councilman Chapman, vote carried. 8) SHELL - 6th STREET Council discussed the removal of a tree in the middle of Southeast 6th Street in order for the County to pave it. Councilman Burk stated he does not want the tree left in the middle of a public street in the City of Okeechobee and he does not want the street paved around it. Councilman Knight moved to haul shell to Southeast 6th Street and 3rd and 4th Avenues, seconded by Councilman Chapman, vote carried. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS --~ 1) MASON - REZONING Chairman Douglas presented a letter received regarding a rezoning request of Brenda Mason. The City was notified because it owns property within the required 500' area around Mason's property. Councilman Raulerson requested that Council notify the Planning Board that a citizen was denied a similar request in the same general area recently. Council agreed to notify the Planning Board and to object to the rezoning request. 80-~ 2) 201 FACILITY PLAN Chairman Douglas read a letter received from the County Commissioners regarding the 201 Facility Plan. The County wishes to cooperate with the City but does not feel that it (the County) should contribute financially. The letter went on to say that the County has endorsed the concept of the 201 Sewer Facility and will make available any county right-of-ways to the City in construction of the facility. 3) BI-MONTHLY PAYROLL Council discussed briefly the change to a bi-monthly payroll and decided to leave the --~ payroll as is. City Clerk to set up a schedule to rotate the signing of the checks. 2685 ADJOURNMENT There being no further business, the meeting Recessed at 12:05 P.M., until Wednesday, July 23, 1980. Chairman~Mayor City of Okeechobee ATTEST: B~nni~ $. Thomas City Clerk City of Okeechobee BUDGET WORKSHOP WEDNESDAY~ JULY 23~ 1980 The City Council of the City of Okeechobee, Florida, convened in a Budget Session in the City Clerk's office, City Hall, Okeechobee, Florida, at 7:00 P.M., Wednesday, July 23, 1980. Chairman Edward W. Douglas presiding with the following Councilmen present: Donald Burk, Oakland Chapman, Lytle Raulerson and Jim Knight. Others present were: Bonnie S. Thomas, City Clerk; Keith Tomey, Fire Chief; Larry Mobley, Police Chief; L.C. Fortner, Jr., Director of Public Works and Sylvia Christian, Deputy Clerk. 80-46 PAY PLAN SCHEDULE Council discussed the Pay Plan Schedule and the impact on the Budget. Also discussed was the incentive pay for certain employees. ADJOURNMENT There being no further business, the meeting Recessed until July 24, 1980. City of Okeechobee ATTEST: Bonnie'~S~. Thomas '~ City Clerk City of Okeechobee BUDGET WORKSHOP THURSDAY~ JULY 24, 1980 The City Council of the City of Okeechobee, Florida, convened in a Budget SesSion in the City Clerk's office, City Hall, Okeechobee, at 7:00 P.M., Thursday, July 24, 1980.