1980-10-14 Regular Meeting Conlon then called for suggestions:
Citizen J.?. Deloney of 403 S.W. 14th Court, City of Okeechobee, proposed the
construction of bike trails connecting the five public schools.
Conlon, for a point of clarification, asked Mr. Deloney if he was proposing that
the City Council expend all the monies for the study and eventual construction of bike
trails and/or sidewalk system which would connect all five publio schools.
Mr. Deloney stated his main interest was for all funds to be used for bike trails.
Citizen J.C. Thompson, 1605 S.W. 5th Avenue, City of Okeeohobee~ representing the
Humane Soeiety, requested funding for fences, runs and housing for the dogs at the new
City Dog Fomnd.
Mr. Thompson asked for approximately Two Thousand Dollars ($2,000.00) for the new
City dog pound operation.
Citizen Rennie Berry, Administrator of the Okeechobee County Chamber of Commerce,
requested that One Thousand Five Hundred Dollars ($1,500.00) be allocated for the lighting
of the City streets during the Christmas season. Mr. Berry requested the use be considered
if it is within Federal Revenue Sharing guidelines to expend funds on this type of project.
Mr. Berry also suggested the funds be spent on a comprehensive drainage plan and/or
maintenance for the entire City. This would benefit everyone.
Also present, but who did not comment, was Fat FlarSki of the Falm Beach Fost News.
ADJOURNMENT
There being no further suggestions, Attorney Conlon concluded the meeting at 7:20 P.M.
Edwar~ W. Douglas
Chairman City Council
City of Okeechobee
ATTEST:
Bonnie S. Thomas
City Clerk
City of Okeechobee
FIRST REGULAR MEETING TUESDAY~ OCTOBER 14~ 1980
The City Council of the City of Okeechobee, Florida, oonvened in a Regular Session in
the Couneil Chambers at City Hall, Okeechobee, on Tuesday~ October ]4, ~980~ at 7:00 P.~.
Chairman/Mayor 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; David Conlon, City Attorney; Dean
Tooker, Assistant Attorney; L.C. Fortner, Jr., Director of Fubli~ Works; Larry Mobley,
Police Chief; Keith Tomey, Fire Chief; Mallette Westbrook, Building Offi¢iat and Janice M.
Mann, Deputy Clerk.
2713
The Invocation was offered by Councilman Donald Burk.
80-1 APPROVAL OF MINUTES
Chairman Douglas noted a correction made in the minutes of the September 23rd, meeting.
Councilman Burk moved to approve the minutes of the August 12th, 21st, 26th, September
4th, 9th, llth, 23rd and 30th, 1980, meetings, seconded by Councilman Raulerson, vote
carried.
80-91 RICHARD LOGUE - REQUEST FOR VARIANCE
Mr. Richard Logue appeared before the Council to request a five foot variance to his
property, Block 178, Lots 8 and 9, South West ?th Avenue and 3rd Street. Mr. Logue's two
lots have 4?½ feet giving him 95 foot frontage on South West 7th Avenue. Zoning Ordinance
#402 requires 100 foot frontage.
City Attorney David Conlon suggested three possibilities the Council could consider
regarding Mr. Logue's request, 1) either amend Zoning Ordinance #402; 2) ask Mr. Logue to
aquire five feet from his neighbor; or 3) build the duplex facing the other way (South West
3rd Street). Chairman Douglas asked Mr. Logue if he could face his building toward South
West 3rd Street and Mr. Logue agreed that he could.
South West Third Street is not open and it was explained by Council that new policy
has made it the developers responsibility to open streets at developers expense instead of
the City's.
Therefore, motion was made by Councilman Burk, that Mr. Logue be allowed to open South
West 3rd Street as far as necessary to his duplex, shell street and install culvert at his
expense, Councilman Chapman seconded, vote carried.
8~- 92 PLANNING BOARD RECOMMENDATIONS
1) DAVID E. GOOLSBY
Chairman Douglas read the recommendation of the Planning Board regarding David E. Goolsby
request for rezoning of Lots 3, 4, 5 and 6, Block 33, First Addition to South Okeechobee;
from Residential, Single Family (RSF) to Residential, General (RG-1). Due to the opposition
and the fact it is spot zoning, the Planning Board recon~ended Council deny the request.
Councilman Burk moved to accept the recommendation of the Planning Board and deny the
request, seconded by Councilman Raulerson, vote carried.
80-93 2) GARY R. FRAZIER
Chairman Douglas read the Planning Board recommendation to approve the rezoning request
of Gary R. Frazier to rezone Lots 11 and 12, Block 35, First Addition to South Okeechobee,
from Commercial to Residential, Single Family (RSF).
Councilman Burk moved to advertise for second and final hearing on November 25~ 1980,
seconded by Councilman Chapman, vote carried.
ROY WILLIAMS - FORESTRY DIVISION
Mr. Roy Williams of the Forestry Division appeared before the Council to present them
with a check in the amount of $158.84, which represents the reimbursement of Title 4, Revenue
2714
Sharing for assistance to the Fire Department.
Chairman Douglas expressed appreciation.
80-57 COMMUNICATIONS FROM DEPARTMENT HEADS
A. CITY ATTORNEY
1) DISCRIMINATION SUIT
Attorney Conlon distributed, to the Council, a copy of the court order which allows
the Plaintiff to amend their complaint to include the Hispanics in the Discrimination
suit (first amendment).
The second part of the order provides that the Plaintiffs motion to amend the
complaint (second amendment), has been denied. Conlon went on to explain that this meant
the Council will not be held personally liable in the Discrimination suit.
30-8? 2) NEMEC CASE - MULBERGER AGREEMENT
Attorney Conlon reported that Dennis Mulberger had not become legal owner of the
Nemec property until recently, consequently the agreement between the City and Dennis
Mulberger has not been drawn up.
Conlon assured the Council it would be ready for their approval by the next Regular
meeting.
3) MILLAGE AD
Attorney Conlon advised the Council of the steps to be taken regarding the setting
of a millage rate, advertising and adopting said millage and budget.
4) BUDGET CUTS
Regarding budget cuts for the l~gal department, Attorney Conlon advised Council to
total three line items Salary $15,000.00, Special Cases $10,000.00, and Discrimination
$15,000.00, and deduct the required 10%.
5) LA GROW SUIT
Assistant Attorney Tooker informed the Council that Svedrup & Associates has completed
almost all of the survey however, there is a delay due to the lack of interest to cooperate
by Robert.Owens & Associates.
Upon contact by Director Fortner, Don Sheppard, engineer, has promised to send out
the needed concrete profiles this week to Svedrup & Associates.
Meanwhile the attorney for LaGrow has filed several motions, which are going un-
answered until the City receives the report from Svedrup.
6) GRANT PROGRAM
Assistant Attorney Tooker is looking into grant programs with other cities. He has
contacted one company which handles all facits of aquiring grants and also aids the City
in expending the funds. Attorney Tooker felt this service was important in that it helps
small cities comply with all the governmental regulations that go along with grants.
Completion of the Comprehensive Plan can be handled through grants.
B. DIRECTOR OF PUBLIC WORKS
1) SUGGESTED TIME SCHEDULE FOR 201 FACILITY PLAN
2715
Director Fortner presented a suggested time schedule for the 201 Sewer Facility
and stressed the need for immediate action. Schedule, if approved by Council, will be
sent to E.P.A. in Atlanta, Georgia, for final approval.
Attorney Conlon pointed out that once the City has the executed land lease agreement
for the 201 Plan, the City can attempt to use it as an in-kind contribution. If allowed,
this could save the City nearly a half a million dollars. Conlon urged the Council to
make a decision to seek an answer from E.P.A. in Atlanta.
Attorney Conlon suggested a delegation be sent to Atlanta to request the land
be used as an in-kind contribution, due to the City's lack of funds and site.
Councilman Burk agreed with the need to send a delegation to Atlanta and discuss this
issue personally with E.P.A. officials. Burk felt the delegation should be sent after a
certain amount of ground work is completed by contacting key people (i.e. Congressmen,
County Commissioners, etc.) for support.
Council agreed to accept the tentative time schedule as presented, to be submitted to
E.P.A. for approval. Attorney Conlon suggested Atlanta trip be set after November 17th.
2) EMPLOYEE EVALUATION
Director Fortner presented an employee evaluation form for Anthony D. McDowell who
has received a Class "B" certification for the Water Treatment Plant. With this, Director
Fortner recommended McDowell's salary be increased Five Hundred Dollars ($500.00) annually.
Councilman Burk moved to increase Anthony McDowell's salary Five Hundred Dollars
($500.00) per year as budgeted, for passing the Class "B" Operator's course, seconded by
Councilman Chapman, vote carried.
3) TREE IN ALLEYWAY
Director Fortner reported his findings, as requested by Councilman Chapman, regarding
an alleyway obstructed by a tree. Removal of the tree and making the alley passable would
take two days work. Fortner asked if Council wanted the Street Department to persue this.
Councilman Chapman moved to clear the City alleyway of the tree at the convenience of
the Street Department, seconded by Councilman Burk, vote carried.
4) HUGHES FEED
Hughes Feed Company requests the City cover the culverts on their road. Chairman
Douglas stated that ingress and egress to private property was property owners responsibility.
Council denied the request.
Co POLICE CHIEF
1) LIABILITY INSURANCE
Phil Berger appeared on behalf of the Police Department and presented a policy covering
Police malpractice and wrongful arrest. Berger noted the discovery period clause has been
eliminated and recommended the City change to this policy.
If Council desired, Berger stated he would prepare a proposal at the higher limits
($500,000/$1 million) for Council decision at a later date. Present insurance policy expires
271.6
November 1.
Councilman Burk suggested Council approve higher rates tonight. Council agreed.
Berger will prepare proposal.
2) ACTIVITY REPORT
Chief Mobley presented the Police Department Activity Report for the fourth quarter.
3) PROBATION PERIOD
Chief Mobley requested that Patrolman Dexel Brock be taken off probation effective
October 14, 1980.
Councilman Chapman moved to end the probation period of Patrolman Dexel Brock as
requested, seconded by Councilman Knight, vote carried.
4) PARKING VIOLATIONS AND TICKETS
Chief Mobley reported there will be no problems with the "parking tickets" being
printed, however, the Council will have to draft and pass an ordinance governing them.
Chief Mobley requested a Workshop be set to draft such an ordinance. Mobley has a
sample ordinance to review with City Attorney Conlon prior to the workshop.
D. FIRE CHIEF
1) QUARTERLY REPORT
Fire Chief Tomey presented the Fire Department Activity for the fourth quarter.
2) MEMORANDUM #1
Memorandum #1 concerned the proposed cost for burning a house or a large pile of debris
for a citizen of Okeechobee. Cost as follows:
Burn a house - $50.00-$60.00
Burn debris - $20.00-$25.00
Council agreed with the figures presented.
3) LETTER OF RESIGNATION
Chief Tomey presented a letter of resignation from Samuel Gray and recommended
Council accept.it.
Councilman Knight moved to accept the letter of resignation, seconded by Councilman
Chapman, vote carried.
4) APPLICATION FOR EMPLOYMENT
Chief Tomey presented applications for employment of a firefighter, noting one
applicant is State Certified, all others would have to attend school. Chief Tomey
recommended Council hire Ramon M. Coven, State Certified firefighter.
Councilman Knight moved to hire Ramon Michael Coven as firefighter, seconded by
Councilman Chapman, vote carried.
5) FIRE PREVENTION CONFERENCE
Chief Tomey requested permission to attend the annual Fire Prevention Conference in
Orlando, from October 21 through October 23, 1980, registration fee $35.00.
Councilman Burk moved to authorize Chief Tomey to attend the conference, seconded by
Councilman Knight, motion passed.
E. BUILDING OFFICIAL
1) QUARTERLY REPORT
Building Official Westbrook presented the Building Department quarterly report for
the fourth quarter.
COMMUNICATIONS FROM COUNCILMEN
80-70 A. EDWARD W. DOUGLAS
1) HUMANE SOCIETY AGREEMENT
Mrs. Dera Thompson appeared on behalf of the Humane Society to renew the agreement with
the City, with a possible increase due to inflation.
Mrs. Thompson requested that the Council set the record straight as to which department
the new dog catcher is to work under, to avoid confusion, for the Humane Society or the
Police Department.
The future plans of the Humane Society were ~xplained briefly by Mrs. Thompson.
Councilman Burk felt the Humane Society is doing a fine job but, as in the past, the
City dog catcher is to work under the Police Department.
Councilman Chapman felt the City should put the Humane officer under the supervision
of the Humane Society.
Councilmen Burk, Knight, and Raulerson agreed to continue with the original agreement;
City employee under City direction as stated in the Resolution the Humane Officer is to
deliver the animals to the Humane Society only. He will remain under the supervision of the
Police Department. Councilman Chapman opposed.
Attorney Conlon to draw up the same Resolution, for signing, changing the dates only.
Building Official Westbrook was instructed by Council to examine the condition of the
City's six dog runs and report his findings to the Council.
2) MEETING WITH COUNTY COMMISSIONERS
Due to the heavy meeting schedule set for the Council, Councilman Burk suggested a
postponement until late November, early December, of the joint meeting between the City
Council and County Commissioners regarding the 201 Facility Plan.
Council agreed to request a new meeting date.
3) PLANNING BOARD
80-42
Chairman Douglas informed the Council that no applications have been received for the
Planning Board vacancy.
Council instructed Clerk to readvertise in the local news and on the radio, to hire
someone possibly at the October 28th meeting.
4) HEARINGS
Chairman Douglas reminded the Council of the up coming hearings:
Revenue Sharing - October 20, Monday
Millage - October 21, Tuesday
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5) ADMINISTRATIVE ASSISTANT
Council set a Workshop for Wednesday, October 29, 1980, to interview applicants for
Administrative Assistant to the Mayor beginning at 7:00 P.M.
80-81 6) OKEECHOBEE COUNTY LIBRARY
Chairman Douglas read a letter of request from the Okeechobee County Library for a
donation of Nine Thousand Dollars ($9,000.00)
7) BUDGET
Chairman Douglas requested Department Heads to submit budget cuts to the Clerk's
office to enable the Clerk to prepare a tentative budget for Council review at a
Budget Workshop, Thursday, October 16, 1980, at 7:00 P.M.
Advertise meeting on local radio station and notice on City Hall bulletin board.
B. LYTLE RAULERSON
Councilman Raulerson recommended the meeting be recessed so the Council can finish
the budget and clarify certain City policies concerning payment of phone service for
certain employees, specifically stating which departments and what employees.
DISBURSEMENTS
Vouchers on the following funds were reviewed:
Water & Sewer Operation & Maintenance $65,065.99
Water & Sewer Revenue Fund $154,064.57
General Fund $119,456.24
Payrol I Account $18,501.64 _.~
Anti-Recession Fund $137.30
Federal Revenue Sharing Trust Fund $5,751.95
Cigarette Tax Fund $273,O~2.61
ADJOURNMENT
There being no further business, the meeting Recessed at 10:55 P.M., until
Thursday, October 16, 1980, at 7:00 P.M.
City of Okeechobee
ATTEST:
~onnie S. Thomas
City Clerk
City of Okeechobee
RECESSED MEETING THURSDAY, OCTOBER 16~ 1980
The City Council of the City of Okeechobee Florida, convened in a Recessed Meeting,
in Council Chambers at City Hall, Okeechobee, on Thursday, October 16, 1980, at 7:00 P.M.
Chairman/Mayor Edward W. Douglas presiding with the following Councilmen present:
Oakland Chapman, Lytle Raulerson, Donald Burk and Jim Knight.
I ! I I- I" l I! ' '