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1980-09-23 Regular Meeting 27(.)3 Police Chief and Keith Tomey, Fire Chief. DRAINAGE - NORTH OKEECHOBEE It was brought to the attention of the Council that the County has begun a drainage project in north Okeechobee also. INCENTIVE RAISES Incentive raises for City employees were discussed by Council and Department Heads. Councilman Burk recommended across the board raises plus incentive raises for employees who have earned them, ranging from three per cent (~%) maximum to one-half per cent (½%) minimum. Councilman Knight agreed. Councilman Chapman agreed With the concept of incentive raises if the department heads evaluate the employees and the Council evaluate the department heads. Councilman Burk suggested aratio of 5%-3%-1%-0% for the total Fifteen Thousand Dollars ($t5,000.00). Council agreed. Immediate supervisor should help department heads with evaluations. WATER & SEWER BUDGET Council reviewed the 1980-81 Water & Sewer Budget. Also the Water & Sewer employee incentive raises totaling approximately Seven Thousand Eight Hundred Forty Dollars ($7,840.00). ADJOURNMENT There being no further business the meeting adjourned at 10:15 P.M. City of Okeechobee ATTEST: B°nfl~ ~. Tho~ City Clerk City of Okeechobee SECOND REGULAR MEETING TUESDAY~ SEPTEMBER 23, 1980 The City Council of the City of Okeechobee, Florida, convened in Regular Session in the Council Chambers of the Okeechobee City Hall, on Tuesday, September 23, 1980, at 7:00 P.M. In the absence of Chairman/Mayor Edward W. Douglas, Vice Chairman Lytle Raulerson presided with the following Councilmen present: Oakland Chapman, Donald Burk and Jim Knight. Others present were: Bonnie S. Thomas, City Clerk; L.C. Fortner, Jr., Director of Public Works; Larry Mobley, Police Chief; Keith Tomey, Fir~ Chief; Mallette We~tbrook, Building Official; David Conlon, City Attorney; Dean Tooker, Assistant Attorney and Sylvia Christian, Deputy Clerk. The Invocation was offered by Councilman Donald Burk. I I II i , ' ! I ~O-87 NEMEC PROPERTY Mr. Dennis Mulberger appeared before the Council with a new proposed settlement to the City of Okeechobee -vs- James Nemec lawsuit. Mr. Mulberger expressed a desire to clear up all misunderstandings that might have occured at the previous meeting. It was explained by Mr. Mulberger that his main interest presently was to get the lawsuit out of the way (dismissed) and felt this to be the City's feelings also. Therefore, Mr. Mulberger proceeded to state his proposal of deeding to the City the property in question, if the City drops suit, with certain stipulations such as: each party paying one-half the cost of removing concrete from the right-of-way of Northwest 7th Avenue. City is requested to let bids on concrete removal. The structure extending over the 100 foot right-of-way will be removed within one year. According to Mr. Mulberger this would dismiss the case which is now under appeal. He added that if the City shells the road he would hope the County would pave it. Council- man Burk asked for assurance that the City would continue to have access to sewer and water lines. Mr. Mulberger stated there would be no problems. Councilman Knight made a motion to have agreement drawn up for Council to vote on at the October 14, meeting. Motion died for lack of second. Councilman Burk made a motion to accept proposal for settlement as presented by Mr. Mulberger, seconded by Councilman Chapman, vote carried. Attorney Conlon was instructed to prepare agreement. 80-4 LLOYD CHARTIER - PORT SALERNO REALTY Lloyd Chartier of Port Salerno Realty appeared to Council with a request for a six month extension of his 4,200 gallon per day sewer capacity allocation on Northwest Block 71. After discussion, Councilman Burk made a motion to grant the request of a six month extension (ending March 26, 1981) of a 4,200 gallon per day sewer allocation to Mr. Lloyd Chartier, seconded by Councilman Knight, vote carried. Councilman Raulerson asked that Mr. Chartier submit his plans to the Building Official and stated this would insure no delay when permit was requested. 80-88 MID-FLORIDA BUILDERS Mid-Florida Builders' representative Elbert Batton requested 5th Avenue between Southwest 15th Street and Southwest 18th Street be reduced from 100' to 70' to make the street uniform with the street north and south. Council explained to Mr. Batton that it was in the process of drawing up policies concerning City roads. Councilman Chapman instructed Public Works Director Fortner to have this road right- of-way surveyed for the City. Mr. Batton was requested to return on October 28th. DELTA PETROLEUM B0-38 John Cassels, attorney, explained to Council the status of the Delta Petroleum Corporation case. He asked the Council if they wished to appeal the outcome. 2705 Upon motion of Councilman Chapman, seconded by Councilman Burk the Council voted not to appeal the Delta Petroleum case. Attorney Cassels requested a letter of record from the Council on its decision. 80-81 RENNIE BERRY - CHAMBER OF COMMERCE Rennie Berry, administrator of the Chamber of Commerce, made a request for a $1,500.00 donation for Christmas decorations. Councilman Raulerson explained to Mr. Berry that it was regretable, but the City budget does not have funds available this year for donations. Councilman Burk agreed the tight budget spoke for itself and Councilman Chapman explained the Council was working to cut the budget. However, he felt Chamber of Commerce was doing a fine job, but the City simply did not have funds available for donations. 80-57 COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY Attorney Conlon discussed a letter received by Mayor Douglas this week from the Office of Revenue Sharing. Suggestions for compliance to requests were made. No action was taken at this meeting. Office of Revenue Sharing asked for a reply in fifteen days of receipt of the letter, Attorney Conlon informed Council he is going to ask for an ex- tension of from thirty to forty-five days. He stated the need for him to meet with Department Heads in order to gather needed information for reply. 80-76 1) PROPOSED RESOLUTION - STREET POLICY Attorney Conlon read a proposed resolution concerning developers responsibilities relative to water lines and streets: WHEREAS, the City of Okeehcobee, Florida, is desirous of setting a policy concerning the providing of water services, road and drainage to areas within the City limits of Okeechobee and, WHEREAS, the City Council has considered the matter, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Okeechobee, Florida, as follows: 1. That the extension of water mains and the opening and construction of roads and providing of drainage therefore will be at the expense of the developer/owner of the property needing said imp~pvements and according to specification of the City. PASSED AND ADOPTED in Regular Session of the City Council of the City of Okeechobee, Florida, this 23rd day of September, 1980. Councilman Burk moved to adopt the Resolution as read, seconded by Councilman Chapman. Councilmen Burk and Chapman voted yes, Councilman Knight opposed. Motion passed. B. DIRECTOR OF PUBLIC WORKS 1) GRANT FUNDING Director Fortner asked Council if it wished to pursue grant funding relative to presentations of International Systems representative at the September 9, 1980, meeting. City has a November 10th deadline. Councilman Chapman suggested this be left up to the new administrative assistant. Councilman Burk agreed. No further action taken. 2) APPLICATIONS FOR EMPLOYMENT Director Fortner submitted applications for a Maintenance Worker II in the Water division at a salary of Eight Thousand Eight Dollars ($8,008.00) annually. Councilman Burk moved to hire Chris K. Hull in this position for the suggested salary , seconded by Councilman Knight, vote passed. Director Fortner submitted applications for employment of an Equipment Operator I for the Street division at an annual salary of Eight Thousand Seven Hundred Thirty-Six Dollars ($8,736.00). Upon motion of Councilman Knight seconded by Councilman Chapman the Council voted to hire Thomas Knowles in the Street division as Equipment Operator I at a salary of $8,7B6.00 annually. Director Fortner submitted applications for the employment of a City mechanic. Councilman Knight moved to hire Alfred Fisher as City Mechanic at a salary of Thirteen Thousand Dollars ($13,000.00) per year. Motion died for lack of second. Councilman Chapman moved to contact Alfred Fisher to see if he would accept the position at a salary of $13,000.00 per year, if so Council will vote on hiring at next meeting, Councilman Burk seconded, motion passed. C. POLICE CHIEF t) LETTERS OF RESIGNATION Police Chief Larry Mobley submitted resignations to Council from dispatcher John Wilbur --. and Humane Officer David Hunter. Councilman Chapman moved to accept the resignations of dispatcher John Wilbur and Humane Officer David Hunter, Councilman Burk seconded, motion passed. 2) PARKING CITATIONS Chief Mobley explained to the Council the need for the City to have its own uniform parking citations printed up. The City Police Department can no longer use the State form. Council advised the Chief to consult with the City Attorney and draft up a usable form to be submitted to them at the September BOth meeting. D. FIRE CHIEF Fire Chief Tomey suggested Council might want to consider overtime pay for its new City mechanic in the 1980-81 budget. Council advised this overtime is to come from each department's overtime budget as the department uses the mechanic. E. BUILDING OFFICIAL 1) MOISTURE PROBLEM- CLERK'S OFFICE Building Official Westbrook advised Council of the continuing problem of wet floors in the City Clerk's office. He offered suggestions for remedies; such as clearing out underneath the building and placement of visqueen over the ground, running a drain to the street, also, a dehumidifier in the office. ~ Council asked Mr. Westbrook to look further into the problem. I I I !'I!' 2707 2) CULBRETH LETTER Council asked Mr. Westbrook if he had received a letter from Mrs. Leona Culbreth, concerning possible violations of Zoning Ordinance #402. Building Official Westbrook affirmed that he had received the letter. F. CITY CLERK 1) WET FLOOR - CLERK'S OFFICE City Clerk Bonnie Thomas requested the floor in her office be attended to. Council- man Burk agreed immediate action should be taken to care for the wet floor before serious damage was incurred through neglect. Councilman Burk suggested steps be taken as presented by Building Official Westbrook, to remedy the situation. 2) MEETING CALENDAR - FIRST FISCAL QUARTER Clerk Thomas presented a corrected Meeting Calendar as follows: October 14th and 28th, 1980 November 10th and 25th, 1980 December 2nd and , 1980 Councilman Knight moved to adopt the meeting calendar as presented, seconded by Councilman Burk, motion passed. It was also discussed and Council agreed Veterans Day November llth, would be observed as a Holiday by City employees. 80-8 COMMUNICATIONS FROM COUNCILMEN A. LYTLE RAULERSON 1) 201 FACILITY PROGRAM Councilman Raulerson discussed with Council the need for a workshop with County Commissioners on the 201 Facility Program. The City has requested a deadline extension. E.P.A. indicated verbally an extension was possible, however, it would in turn expect a specific time table from the City. No action was taken. B. OAKLAND CHAPMAN Councilman Chapman asked about dirt piled in back of City Hall. Director Fortner stated it would be removed. Fortner will also check the tree problem at Jenning's residence. The continuing problem of equipment parked on City street right-of-way at North West 3rd Avenue was discussed. Zoning Administrator Westbrook was requested to look into this problem and report back to Council. Attorney Conlon was asked to investigate the legal ways the City Council could control this type of problem parking on City street rights-of-way and report his findings back to Council. The speeding of traffic, particularly big trucks, through main intersection of town (441-70) was brought up by Councilman Chapman. The danger of this speeding was cited and the need for correction by the City Police Department.was stressed. 80-89 FEDERAL REVENUE SHARING HEARINGS Councilman Raulerson advised the Council it must appoint an administrator for the public Federal Revenue Sharing hearing of October 13th and the presentation of the outcome of the 2708 proposed use hearing to the Council on October 20th. After discussion, Councilman Knight moved to appoint Attorney Conlon to administer the Federal Revenue Sharing proposed use hearing proceedings of October 13th and 20th, seconded by Councilman Chapman, motion passed. Councilman Raulerson advised Council it was time to hire a City attorney for the coming year. Councilman Chapman moved to re-hire Attorney David Conlon for 1980-81 fiscal year with a salary increase of Two Thousand Dollars ($2,000.00),. Councilman Burk seconded. Coun¢ilm~n Chapman and Burk voted yes, Councilman Knight abstained. 80-90 C. JIM KNIGHT Councilman Knight asked for clarification of the attorney's duties to the City as it's legal advisor. Retainer includes: Attorney Conlon specified his duties as being in attendance at all regular meetings of the City Council, and certain Workshop meetings as requested by Council; it is the attorney's responsibility to do all ordinary work as relates to drawing up ordinances, resolutions, transfer agreements, and contracts (not complex); all telephone calls, conferences and inquiries of Council and Department Heads. Retainer does not include: Items not covered are: Law suits, major projects su~h as meetings with DER and Planning Board meetings. Councilman Knight requested attorney's charges over his retainer be specifically detailed on voucher when submitted to City. General subject matter of charge should be stated including telephone toll charges. Councilman Knight asked if there would be any more charges this fiscal year. The attorney affirmed there would be some. Billing will be at thirty (30) day intervals in the future beginning with the 1980-81 fiscal year. LA GROW SUIT Assistant Attorney Dean Tooker reported to Council on the LaGrow case. The defense has filed motion to dismiss. He is in the process of having certain interrogatories answered. 1980-81 BUDGET Councilman Raulerson advised the Council at this time that he could not accept the new budget as proposed. It was his feeling that it must be triced and recommended to Council an attempt be made to this end. He stated allowances for expenses of certain lawsuits had not been calculated into the 1950-81 budget and this must be done. Councilman Raulerson recommended the Council recess the present meeting until September 30, then go into a budget workshop thereafter to finalize the 80-81 budget. It was suggested Department Heads re-examine their submitted budgets for trimming and resubmit at the next budget session. ADJOURNMENT Councilman Chapman moved to Recess the present meeting at 10:55 ?.M. until Tuesday, 2709 September B0, 1980, at 7:00 P.M., seconded by Councilman Burk, motion passed. City of Okeechobee ATTEST: ~oh~e ~7-T~s ~ - City Clerk City of Okeechobee RECESSED MEETING TUESDAY~ SEPTEMBER 30~ 1980 The City Council of the City of Okeechobee, Florida, convened in a Recessed Meeting in Council Chambers, City Hall, Okeechobee, on Tuesday, September 30, 1980, at 7:00 P.M. Chairman Edward W. Douglas presiding with the following Councilmen present: Donald Burk, Lytle Raulerson, Oakland Chapman and Jim Knight. Others present were: Bonnie S. Thomas, City Clerk; Larry Mobley, Police Chief; Keith Tomey; Mallette Westbrook, Building Official; L.C. Fortner, Jr., Director of Public Works, David Conlon, City Attorney and Sylvia Christian, Deputy Clerk. The meeting was called to order by Chairman Edward W. Douglas. HUMANE DEPARTMENT Councilman Chapman presented applications for employment of a Humane officer and recommended Council hire Randall Lewis Whipple. Councilman Chapman suggested the new officer work under the supervision of the Humane Society. Councilman Burk objected and suggested a workshop. Councilman Chapman moved to employ Randall Whipple as Humane Officer at a beginning annual Salary of Eight Thousand Nine Hundred Sixty-Five Dollars ($8,965.00), seconded by Councilman Knight, motion passed. POLICE DEPARTMENT Police Chief Mobley presented applications for employment of a dispatcher, noting three of the applicants had previous experience, all twenty-six met the minimum requirements. Chief Mobley recommended hiring Nancy Ann Thornton, a former police dispabcher, but stated two applicants Edna F. McClelland and Charles W. Whipple were equally qualified, and would be satisfied with Council's decision on either one. Councilman Knight moved to hire Nancy Ann Thornton as police dispatcher at a beginning annual salary of Eight Thousand Nine Hundred Sixty-Five Dollars ($8,965.00), seconded by Councilman Raulerson. With Councilmen Knight, Raulerson and Chapman voting yes, Councilman Burk abstained from voting, motion passed.