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1980-10-28 Regular Meeting SECOND REGULAR MEETING TUESDAY, OCTOBER 28~ 1980 The City Council of the City of Okeechobee, Florida, convened in a Regular Session in the Council Chambers at City Hall, Okeeehobee, on Tuesday, October 28, 1980, at 7:00 Chairman/May~r Edward W. Douglas presiding with the following Councilmen present: Donald Burk, Jim Knight, Oakland Chapman and Lytle Raulerson. Others present were: Bonnie S. Thomas, City Clerk; David Conlon, City Attorney; Dean Tooker, Assistant Attorney; Keith Tomey, Fire Chief; L.C. Fortner, Jr., Director of Public Works; Mallette Westbrook, Building Official and Janice M. Mann, Deputy Clerk. The Invocation was offered by Councilman Jim Knight. APPROVAL OF MINUTES 80-1 Councilman Raulerson inquired about a portion of minutes omitted from the meeting of October 16, 1980. Also an incorrect percentage amount in the meeting of October 21, 1980. Councilman Burk moved to table the approval of the minutes of the October 13th, 14th, 16th, 20th and 21st, 1980, meetings, seconded by Councilman Raulerson, vote carried. JOHN CASSELS - REQUEST EASEMENT MOVED Attorney John Cassels appeared before the Council as legal representative of Jim Smith, and requested Council approve the moving of a utility easement located between Lots 203 and 204, First Addition to Okeechobee Estates, to the north property line. This will enable Mr. Smith to build a single family residence on this property. Attorney Cassels noted if this causes a problem the easement could be moved to the south side of the property which would give the City increased square footage. Councilman Knight moved to grant the moving of the easement to either the north or south side, which ever is more feasible, seconded by Councilman Burk. After brief discussion, Councilman Knight moved to amend the motion to state the easement be moved to the south side of the property, seconded by Councilman Burk, vote carried. DELTA ?ETROLEUM UP-DATE 80-38 Attorney Cassels reported that after extensive negociations with Attorney Dick Sauls for Delta Petroleum regarding cost damages due to the delay, Delta Petroleum has agreed to settle in the amount of $1,669.00. The original documentation was for $26,562.80. Attorney Cassels advised Council has two options, 1) agree to pay the $1,669.00 or 2) agree to fight to pay only $343.00 (taxable court costs). Councilman Knight felt the City should settle for the $1,669.00, to fight would possibly cost a great deal more. Chapman, Raulerson and Burk agreed. Councilman Knight moved to settle with Delta Petroleum for $1,669.00, seconded by Councilman Chapman, vote unanimous. ~ POLICE INSURANCE Chairman Douglas advised the Council that Berger Insurance Agency is to present a -' 1 I ! I lllI' I ! I 2727 letter of proposal to the City Clerk instead of appearing again before the Council, regarding the Police Department liability insurance package. 80-71 SPENCER KIRTON Citizen Spencer Kirton appeared before the Council to oppose the hiring of a City manager. He felt this issue should be brought before the citizens for a vote~ prior to Council making any decisions. Chairman Douglas stated the reason for an administrative assistant is because the Council can not act in an administrative capacity, only legislative. This causes legal problems. The Council does not wish to be held personally liable for their actions. Councilman Raulerson stated that the Council had held several public meetings when the position of Administrative Assistant was discussed, with no citizen input. Council has voted as a body to hire an assistant. 80-57 COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 1) DISCRIMINATION SUIT Attorney Conlon advised Council as to the status of the Brown -vs- City suit. The Federal Court did not include the maintanence of the City ditch in Dean's Court, as a part of the County's settlement. According to the City's engineer, the drainage problem is due to the clogged ditch. County Attorney Kyle VanLandingham indicated to Conlon that the County will continue to maintain the ditch, as in the past. Conlon is going to set up a meeting with Attorney Lippman so that he (~ippman) might define more clearly the demands, so the City can work out a possible settlement. 80-57 2) FEDERAL REVENUE SHARING The Federal Revenue Sharing answer that was due on October 24th, to Washington has been delayed by approval of Revenue Sharing due to the impact of the County settlement upon the City's revenue complaint. The head of the Department of Revenue Sharing has granted permission for a delegation to present evidence in person. Attorney Conlon asked Council to consider a motion to authorize Mayor Douglas and himself to travel to Washington and meet with a representative from the Department of Revenue Sharing. Councilman Raulerson moved to authorize a trip to Washington, D.C. by Attorney David Conlon and Mayor Edward Douglas to meet with Federal Revenue Sharing officials~ seconded by Councilman Burk, vote carried. 80-87 3) MULBERGER AGREEMENT Attorney Conlon reported that the documents regarding the Mulberger agreement are ready for signatures of all parties concerned. 4) PARKING ORDINANCE Workup on the proposed parking ordinance is still pending. ~ 2728 5) LA GROW SUIT Assistant Attorney Dean Tooker reported on the LaGrow suit. The report concerning the causes of the leaks of the clearwell has yet to be completed by Sverdrup, Parcel & Associates. 80-70 HUMANE SOCIETY AGREEMENT Chairman Douglas read the Resolution regarding the Humane Society agreement as follows: WHEREAS, the ARA Humane Society of Okeechobee County has met with the City Council of the City of Okeechobee and made a formal proposal; and WHEREAS, the Humane Society is an appropriate agency to operate the Dog Pound; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Okeechobee, Florida, that: 1. The ARA Humane Society of Okeechobee County is authorized to operate the Dog Pound for a period beginning October 1, 1980, and ending September 30, 1981. The Humane Society shall see to it that all animals kept in the facility are fed, cleaned, humanely disposed of when necessary, and that the facility is kept in a clean condition. The Humane Society shall, on a monthly basis, present to the City copies of paid bills for food, disinfectant and other supplies now used by the City facility and the City shall reimburse the Humane Society on a monthly basis, the total amount re- imbursed for the year not to exceed the budgeted amount by the City for dog pound use for that fiscal year. 2. The ARA Humane Society of Okeechobee County is aware of City Ordinance No. 410 and will abide by its provisions. 3. The City dog control office shall deliver impounded animals to the care and control of said Humane Society. 4. The Humane Society shall keep separate records for the costs incurred for animals impounded by the City and shall keep separated City animals from other animals. 5. This resolution may be revoked by the City of Okeechobee after giving the Humane Society notice that the matter will be heard at its next regular meeting. 6. This resolution is effective upon adoption. Passed and adopted this 21 day of October , 1980. Councilman Burk moved to adopt the Humane Society Resolution as read, seconded by Councilman Knight, vote carried. B. DIRECTOR OF PUBLIC WORKS 1) APPLICATION FOR EMPLOYMENT Director Fortner presented applications for employment of a Water Plant Operator, noting one applicant had previous experience. Councilman Burk stated in light of the fact an applicant had previous experience, he would move to hire Robert J. Finch as Water Plant Operator, seconded by Councilman Chapman, vote carried. 2) IMPROVEMENTS - OLD WATER PLANT Director Fortner noted that in the Water & Sewer budget monies are budgeted for improvements at the old water plant. Fortner requested permission to hire the local engineering firm of Broome & Associates to draw plans for the improvements to ready for bid purposes. 2729 Councilman Burk moved to approve this expenditure, seconded by Councilman Chapman and Raulerson, vote carried. 3) MONTHLY REFORT Director Fortner presented the monthly report for the Street, Water and Sewer Departments. 80-39 4) 154 ACRES Councilman Knight recommended the 154 acres put out for bids, grazing rights for three years. Council agreed to advertise. C. BUILDING OFFICIAL Building Official Westbrook reported his findings regarding the City dog pound. The pound is in poor shape and should not be moved. The.six dog runs should be expanded to twelve. Building Official Westbrook advised that the Council should make allowances for these changes in the near future. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS 1) LETTER OF RESIGNATION Chairman Douglas read a letter of resignation of Jerry E. Walker, Planning Board Chairman, effective October 24, 1980. Councilman Burk moved to accept the letter of resignation from Jerry Walker, seconded by Councilman Chapman, vote carried. 2) R.E. HAMRICK Chairman Douglas reported that Mr. R.E. Hamrick has spent over $4,200.00 in funds on the County Library to date. Mr. Hamrick antiCipates spending an additional $300.00 on the library presently. Funds have been used for a walkway and additional books. 80-42 3) PLANNING BOARD MEMBERS Chairman Douglas expressed a need to fill two vacancies on the Planning Board/ Board of Adjustments and Appeals. Councilman Burk commented on the applications submitted. Councilman Chapman moved to accept Donald Dale Burk as one member to replace Jerry Walker, seconded by Councilman Raulerson, vote carried. Councilman Burk abstained. Councilman Knight moved to appoint James Kirk as the Board member to replace Robert Joiner, seconded by Councilman Burk, vote carried. 4) JOINT MEETING WITH COUNTY COMMISSIONERS Chairman Douglas informed the Council that the County requested a new joint meeting date of December 1, 1980, at the Civic Center. Council agreed with the date and set the time for 7:00 P.M. 2730 5) MEETING DATES Chairman Douglas reminded the Council of the following meeting dates: October 29, 1980 - Administrative Assistant interviews November 3, 1980 - FRS hearing Millage hearing Budget hearing 80-91 6) REQUEST FOR REFUNDS Chairman Douglas brought to Council's attention that Mr. Richard Logue and Mr. William I. Rooks have requested a refund of variance fee of $100.00 paid by each. Both gentlemen felt since the Board of Adjustments and Appeals was advised they could not grant variances except for unique situations, they were ill advised to seek one. Councilmen Knight and Burk felt there was an element of confusion and error. Therefore, Councilman Knight moved to refund the $100.00 fee paid by both Mr. Logue and Mr. Rooks, seconded by Councilman Chapman, vote carried. Councilman Raulerson opposed. B. OAKLAND CHAPMAN 1) TRASH PICK-UP Councilman Chapman reported a mix-up on a trash pick~up complaint at South West 5th Street and Parrott Avenue, and stated he would clear the matter up. 2) VACANT LOT Councilman Chapman reported that the vacant block located on South West 6th Street and Parrott Avenue, owned by Christina Hooker, needs mowing. --~ Building Official Westbrook to contact Ms. Hooker and inform her of the situation. C. DONALD BURK Councilman Burk asked Councilman Chapman to meet with Police Chief Mobley and set up radar to catch speeders in the City. Councilman Chapman agreed to do so. ADJOURNMENT There being no further business the meeting Recessed until October 29, 1980~ at 7:00 P.M. City of Okeechobee ATTEST: ~offnie S. Thomas ~ - City Clerk City of Okeechobee RECESSED MEETING WEDNESDAY~ OCTOBER 29.~ 1980 The City Council of the City of Okeechobe~ Florida, met in a recessed session at