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1980-07-31 Workshop Chairman Pro-Tem Lytle Raulerson presiding with the following COuncilmen present: Donald Burk, Oakland Chapman and Jim Knight. Chairman Edward W. Douglas was absent. Others present were: Bonnie S. Thomas, City Clerk; Keith Tomey, Fire Chief; Larry Mobley, Police Chief; L.C. Fortner, Jr., Director of Public Works; Steve Figley, Assistant Director and Sylvia Christian, Deputy Clerk. 80-46 PAY PLAN The Pay Plan Schedule was explained by Councilman Burk. The Police and Fire Depart- ments had five and two employees respectively that were not in line with the schedule. Council agreed to adjust the salaries of the two departments, to the pay plan for a total budget impact of One Thousand Six Hundred Forty-Six Dollars ($1,646.00); Police Department being One Thousand One Hundred Four Dollars ($1,104.00) and Fire D~partment being Five Hundred Forty-Two Dollars ($542.00). COUNCIL SALARIES Councilman Jim Knight recommended an increase in salaries for the Council. After discussion Council agreed to increase the salaries of the incoming Councilmen in January, 1981, to Three Hundred Fifty Dollars {$350.00) monthly. ADJOURNMENT There being no further business, the meeting Recessed at 10:00 P.M. Edward W. Douglas v ... Chairman/Mayor City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee WORKSHOP SESSION THURSDAY~ JULY 31~ 1980 The City Council of the City of Okeechobee, Florida, convened in a Workshop Session in Council Chambers at City Hall on Thursday, July $1, 1980, at 7:00 P.M. 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; L.C. Fortner, Jr., Director of Public Works; Keith Tomey, F~re Chief; Larry Mobley, Police Chief and Sylvia Christian, Deputy Clerk. Chairman Douglas called the Workshop meeting to order. 80-76 STREET OPENING POLICIES Council discussed different guidelines to be followed when opening streets, both platted and unplatted. 2687 Without legal council available, Council would not make any definite plans on this matter. Director Fortner contacted four similar cities and learned that it is rare that a City clears and shells a street soley at taxpayers expense. 80-67 RONNIE WATTS - STREET OPENING Ronnie Watts was present asking Council to specify its position regarding the opening of the portion of Southwest 5th Avenue. Council discussed with Mr. Watts, prior events, afterwhich, Watts requested authoriza- tion of Council to put in the road at his own expense. Chairman Douglas advised Mr. Watts such authorization would only jeopardize the City without a set policy to follow. Clerk Thomas read a transcription of the conversation and motion of the Council at the March 28, 1978, meeting, in hopes to clear up the uncertainty. Councilman Burk stated he would not vote on this matter unless the City Attorney answered the question about the pre-existing conditions, because of the rulings that the Federal government has made concerning discriminiation, personal liability, etc. "To operate without guidelines would be foolish." Chairman Douglas stated "the question that comes to my mind, if this motion was made to do this two years ago, are we not obligated to carry it through." Not being able to answer all of the questions raised, Councilman Knight moved to table the subject of street openings until further thought is given to it and set a Work- shop date with legal council, seconded by Councilman Raulerson. Councilman Raulerson requested Clerk Thomas and/or Director Fortner contact other cities of like size for their policies on street openings. Vote of Council on Councilman Knight's motion was unanimous. Councilman Burk suggested, for Council's consideration, permitting Mr. Watts to clear away the necessary trees to make the road passable. Then after establishing a policy, if possible, the City try to find a way to absorb all or a part of Mr. Watts' expense. Chairman Douglas stated if the Attorney advises that the 1978 commitment does not jeopardize the Council in any way, the City should be responsible for the entire expense. Watts agreed to clear the seventy (70) foot right-of-way at his expense, but requested that the work be supervised by Director Fortner. Councilman Knight moved to grant Ronnie Watts permission to clear the trees and build the road to the south corner of Lot 13, Block 28, at his expense and the water line be ex- tended to the property, seconded by Councilman Burk, vote carried. Watts to keep record of bills and present them to the Director of Public Works for possible reimbursement. 80-38 DELTA OIL CO. - BULK PLANT Councilman Raulerson informed the Council that a problem has arisen as a result of 2688 granting permission to remodel the Atlantic Service Station and put in bulk storage tanks in a commercial zoned area. With the interpretation of the Zoning Ordinance by Dr. Bartley being as such that they were lessoning a non-conforming use, which would make it permissible, a permit was issued. Councilman Raulerson stated "he felt the Council was led to believe Delta Oil Corpora- tion was decreasing from 100,000 gallons of storage to 60,000 gallons of storage. It has been discovered, however, the original amount was only 30,000 gallons underground which was increased to 60,000 gallons. Also, in the zoning ordinance there is a set-back requirement of twenty (20) feet for tanks, gasoline pumps, ets. Delta Oil is placing the tanks against the adjoining property line which is in violation of this section (Section 7.12b & 12d)" Gil Cutbreath, representing adjacent property owners, stated his contention is "to increase capacity underground, there has to be either an amendment to the present zoning ordinance or a rezoning of the property to Industrial use which requires a public hearing and notification to adjacent property owners." Culbreath feels the City should take some action to reverse their decision based on the facts they had thought were true. Council discussed at length the events leading up to granting the issuance of a permit, and the fact that Delta Oil is violating Zoning Ordinance #402. Councilman Burk noted the motion was made on the basis of Dr. Bartley's opinion and Section 6, paragraph 9, page 16. The confusion stems from the amount of capacity as opposed to allotment. Councilman Raulerson recalled his conversation with Dr. Bartley. Raulerson stated Dr. Bartley had already been contacted by two other parties prior to his phone call. Dr. Bartley was told by one of the other parties that Delta Petroleum was decreasing from 100,000 gallons to 60,000 gallons, and so advised Councilman Raulerson that decreasing a non-conforming use is permissible. Councilman Burk proposed that Council notify Delta that they may be in violation of the Zoning Ordinance or that Council may have been given a misconception of lessening a non- conforming use rather than increasing. If in violation they should Cease work or proceed at their own risk. Council agreed a letter should be presented to Delta Petroleum. Council discussed what determines a "bulk plant". With the City Attorney having to disqualify himself, Council discussed obtaining another attorney for an opinion and legal advise. Councilman Knight recommended Council call Attorney John Cassels tonight, aprise him of the situation and see if he would consider handling the case. Council agreed. Chairman Douglas telephoned Cassels, who agreed to draft a notifica- tion and deliver it first thing in the morning. 26 9 CITY BARN - ROOF Councilman Raulerson reported that with the construction of the City barn addition it was discovered that the roof on the old building is in dire need of repair. Director Fortner received two estimates from the company that has been contracted to put the roof on the new addition; l) to re-roof the barn, $3,300.00 and 2) to repair and repour the roof, $1,200.00. Councilman Raulerson moved to award Okeechobee Roofing Company the re-roofing contract of the City barn at a cost of Three Thousand Three Hundred Dollars ($3,300.00) plus the possible cost of an expansion joint between the old and new roof, seconded by Councilman Knight, motion passed. CITY BARN - ADDITIONS Director Fortner reported Abney & Abney has requested the next two draws on the addition to the City barn and the new building. This is for the completion through the roof. Abney asked that Council approve the payments to be picked up upon completion of the roofs. The draw on the new building would amount to Twelve ThouSand Four Hundred Eight-nine and 60/100tbs Dollars ($12,489.60) and on the addition it would be Nine Thousand Two Hundred Twenty-Nine and 50/100ths Dollars ($9,229.50). Councilman Raulerson moved to grant Abney & Abney the above requested draws upon completion, seconded by Councilman Chapman, vote carried. RESIGNATIONS - STREET DEPARTMENT Director Fortner informed the Council the resignation of two Street Department employees has created an emergency situation. Because of this, Fortner requested permission to hire temporary help from the applications on hand. The vacancies were advertised in the Okeechobee News today. Council authorized Director Fortner to hire temporary help on the basis it would have no bearing on them being considered for full time employment when all the applications are reviewed. Chief Tomey volunteered the services of the Fire Department employees to work part time for the Street Department. BUDGET WORKSHOP Council set a Budget Workshop date for Thursday, August ?, 1980. Items to study and consider prior to the Workshop are as follows: 1) possible annexation 4) the Discrimination suit 2) cost of the LaGrow suit 5) codification of the ordinances 3) review insurance - possible 6) review and research of the Charter increase of liability coverage ADJOURNMENT There being no further business, the meeting Recessed at 11:00 P.M., until August 7, 1980. 2690 Edward W Douglas-' --~ Chairman/Mayor City of Okeechobee ATTEST: City Glerk City of Okeechobee BUDGET WORKSHOP THURSDAY, AUGUST 7~ 1980 The City Council of the City of Okeechobee, Florida, convened in a Budget Workshop in the City Clerk's office, City Hall, Okeechobee, Florida at 7:00 P.M., Thursday, August 7, 1980. Chairman Edward W. Douglas presiding with the Following Councilmen present: Donald Burk, Jim Knight and Lytle Raulerson. Councilman Oakland Chapman was absent. Others present were: Bonnie S. Thomas, City Clerk; L.C. Fortner, Jr., Director of Public Works; Larry Mobley, Police Chief; Keith Tomey, Fire Chief; John Cassels, Attorney and Sylvia Christian, Deputy Clerk. Chairman Douglas called the meeting to order. 80-57 DISCRIMINATION SUIT Director Fortner informed the Council he had received a letter in response from a phone call to a constitutional attorney who defended Florida City in a similar discrimination case. Director Fortner spoke to the attorney regarding the Brown -vs- City case. ~ REPORT FROM CHAIRMAN Chairman Douglas reported to the Council the following: 1) He, as Mayor, has been served with papers - a counter suit from LaGrow Irrigation 2) A suit has been filed by Mrs. Culbreth regarding Delta Oil Corporation 3) He (Douglas) felt if the Council agreed to open a street for Ronnie Watts two years ago, the city may be liable for a law suit if they do not proceed. 80-S8 DELTA PETROLEUM - BULK PLANT Attorney John Cassels appeared before the Council regarding Delta Petroleum Co. Upon researching the minutes and listening to the tapes of the meeting, Cassels determined that a permit should not have been issued. Attorney Cassels advised that all actions must be in writing. A violation of the Zoning Ordinance has occurred so work should be halted. There are two avenues to follow: 1) the Building Inspector pull the permit 2) obtain a court injuction Both methods can be used, the second one being the safest way. I - * I - I III1!!