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1980-11-25 Regular Meeting 2739 80-20 1) COMPREHENSIVE PLAN Chairman Douglas asked the City Attorney if some of the preliminary work on the Compre- hensive Plan can be delegated to the Planning Board. Attorney to research then report. B. DONALD BURK Councilman Burk asked Planning Board Member James Kirk, who was present, if the Board has begun any work on a lot clearing ordinance. Mr. Kirk noted that there was some preliminary discussion at the last meeting. Attorney Conlon advised the Board members requested time to study the sample ordinances and outline presented by Conion, prior to making any recommendations. DISBURSEMENTS The vouchers were reviewed and initialed by Chairman Douglas and Councilman Burk on the following: Water & Sewer Operation & Maintanence $58,103.17 Water & Sewer Revenue Fund $108,129.14 General Fund $91,750.85 I & S Refunding Bonds $2,900.00 Federal Revenue Sharing Trust Fund $36,800.00 Cigarette Tax Fund $300,000.00 Payroll Account $21,979.~7 ADJOURNMENT There being no further business, the meeting adjourned at 8:15 P.M. Edward W. Douglas // ~ Chairman/Mayor / City of Okeechobee ATTEST: ~onnSe S. T~o~a~s City Clerk City of Okeechobee SECOND REGULAR MEETING TUESDAY~ NOVEMBER 25, 1980 The City Council of the City of Okeechobee, Florida, convened in a Regular Session in Council Chambers at City Hall, Okeechobee, on Tuesday, November 25, 1980, at 7:00 P.M. Chairman/Mayor Edward W. Douglas presiding with the following Councilmen present: Jim Knight, Oakland Chapman and Donald Burk. Councilman Lytle Raulerson absent. Others present were: Bonnie S. Thomas, City Clerk; Larry Mobley, Police Chief; Keith Tomey, Fire Chief; Richard Fellows, Administrative Assistant; L.C. Fortner, Director of ?ublic Works; David Conlon, City Attorney; Johnny Bennett, Water Department Supervisor and Janice Mo Mann, Deputy Clerk. The Invocation was offered by Councilman Donald Burk. 274O 30-1 APPROVAL OF MINUTES Councilman Burk moved to approve the minutes of the October 29th and November Brd, 1980 meetings, seconded by Councilman Knight, vote carried. --~ 80-93 REZONING REQUEST - GARY R. FRAZIER Chairman Douglas presented for second and final hearing the rezoning request of Gary R. Frazier, for Lots 11 and 12, Block 35, First Addition to South Okeechobee, from Commercial to Residential, Single Family. There were no objections to the zoning change voiced. Councilman Knight moved to accept the recommendation of the Planning Board and grant the rezoning of Lots 11 and 12, Block 35, First Addition to South Okeechobee, seconded by Councilman Chapman. Chairman Douglas read by title only the Amendment to Zoning Ordinance #402 as follows: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMFREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND FROVtDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SFECIFIED LAND FROM COMMERCIAL TO RESIDENTIAL, SINGLE FAMILY (RSF). Chairman Douglas then called for a vote on Councilman Knight's motion, all in favor, motion passed. 80-96 HARRY HORRICK/MARVIN WHERRELL, SR. ALLEY BEHIND FIRST SAVINGS AND LOAN Mr. Harry Horrick appeared before the Council to restate his request for the alley __~ behind First Savings and Loan Association to be made one-way only, west to east. Mr. Marvin Wherrell, Sr. also requested permission to pave an additional ten feet (10') of the alley to accomadate a second drive-in-window to be installed. Attorney Conlon advised a one-way alley can be established by a motion at this meeting, however, it must also be done by an ordinance if Council wished it to be enforced by the police department. Councilman Knight moved to establish the alley behind First Savings and Loan as one-way from west to east with the Association reimbursing the City for the purchase of the necessary signs and granting the paving of ten feet (10') of the alley, seconded by Councilman Burk, vote carried. PLANNING BOARD RECOMMENDATIONS Attorney Conlon advised that the two recommendations for amendments to Zoning Ordinance 402, received from the Flanning Board, must go back to the Board for a public hearing. Conlon suggested the Council include a third possible amendment of the rear set-back requirements for Commercial buildings. Councilman Burk moved to instruct the City Attorney to present the three recommendations to the Planning Board for consideration, seconded by Councilman Chapman, vote carried. ---~ COMMUNICATIONS FROM DEFARTMENT HEADS 80-87 A. CITY ATTORNEY 1) NEMEC CASE 2741 Attorney Conlon presented the Council with a check in the amount of One Thousand Five Hundred Dollars ($1,500.00) from Dennis Mulberger, along with a signed "Agreement and Stipulation of Dismissal" of the City's suit Nemec -vs- City. The "Agreement and Stipulation of Dismissal" needs the signature of the Mayor, afterwhich, the original is to be filed in the court files. The check is to be held by the City in trust as a retainer for one-half the cost of removing the concrete located on South West 7th Avenue. The City is to reimburse Mulberger if one-half the cost of removal is less than the $1,500.00. 2) CITY -rs- LAGROW Attorney Conlon advised that he and Assistant Tooker are amending the pleadings concerning the LaGrow Irrigation suit. The report has been received from Sver~rup, Parcel & Associates, which finds both the City Engineer and the contractor at fault. 80-57 3) BROWN -vs- CITY Attorney Conlon brought the Council up-to-date on the Brown -vs- City suit. The Office of Revenue Sharing requested a meeting between County and City governments. A meeting was set for 1:30 P.M., Wednesday, November 26th in County Attorney Kyle Van Landingham's office. Those to attend are: Richard Fellows, Administrative Assistant; David Conlon, City Attorney; Edward W. Douglas, Mayor and Attorney VanLandingham. Attorney Conlon also advised the Council he is seeking to obtain a tape of the proceedings of the court hearing of the County settlement. Conlon felt hearing the proceedings would aid the Council in making decisions concerning the City suit. Council agreed that the attorney should pursue. 4) JOHNSON -vs- CITY/COUNTY Attorney advised the Johnson suit is being handled by the City's insurance carrier. (Accident occurred outside the City limits). 80~95 5) TAX MILLAGE Attorney Conlon presented a Resolution for adoption which adjusts the adopted millage rate for the 1980-81 fiscal year. Resolution read as folZows: The City Council of the City of Okeechobee, in regular session assembled at Okeechobee, Florida, this 25th day of November, 1980, hereby resolves as follows: WHEREAS, the Property Appraiser has notified the City on November 24th, 1980, of the aggregate change in the assessment roll, AND WHEREAS, Florida Statutes provide that the ad6pted millage rate may be adjusted, NOW THEREFORE the City of Okeechobee elects to adjust its adopted millage rate so that taxes computed by applying the adopted rate against the certified taxable value are equal to the taxes computed by applying the adjusted adopted rate to the taxable value on the roll to be extended. The Property Appraiser is to be notified in writing of the adjusted millage rates no later than 5:00 P.M., November 26th, 1980. DONE AND RESOLVED this 25th day of November, 1980. Councilman Burk moved to approve the Resolution for the millage adjustment, and instruct the City Clerk and Administrative Assistant to determine the amounts to be inserted, then present it to the proper authorities, seconded by Councilman Knight, vote carried. 80-97 6) ROAD AND TAX MILLAGE Attorney Conlon brought to Council's attention the fact that Florida Statutes provide "the County shall levy a tax not to exceed 10 mills for road and bridge purposes'~'. Section 2 provides "one-half the amount realized from such tax on property in incorporated cities shall be turned over to such cities ." According to a letter received from County Clerk Clif Betts in 1978, the County has chosen to do work in the City instead of paying what is due the City. Councilman Burk suggested that Administrative Assistant Fellows pursue this with County officials and report back. Council agreed. INDIVIDUAL COUNCILMEN'S COUNTER SUITS Upon Councilman Chapman's request, Attorney Conlon elaborated on the individual Councilmen's counter suits. The Federal court has ruled that the City Councilmen are not to be sued individually, however, Attorney David Lipman has continued to pursue, thus the counter suits. B. DIRECTOR OF PUBLIC WORKS 1) MONTHLY REPORT Director Fortner presented the Water, Sewer and Street Departments monthly reports for --~ October 1980. 80-98 2) BIDS - INSTALLATION OF PIPE Director Fortner presented the one bid received for boring and jacking for installation of pipe at three locations. The 3 V's International Corp. RR crossing tO0 ft. of West Palm Beach, Florida 20" Steel Casing - $68.00 per foot = Thickness .344 inches $6,800.00 RR crossing 100 ft. of 20" Steel Casing $68.00 per foot = Thickness .344 inches $6,800.00 State Road Crossing 100 ft. of 24" Steel $79.00 per foot = Casing - Thickness .312 inches $7,900.00 Total Bid - $21,500.00 Total bid being Twenty-One Thousand Five Hundred Dollars ($21,500.00). Councilman Burk moved to award the bid to The 3 V's International Corporation of West Palm Beach, seconded by Councilman Chapman, vote carried. 80-99 3) BIDS - INSTALLATION OF WATER LINES Director Fortner presented bids received for installation of water lines at three locations. 2743 Cypress Street S.R. 70 E. at N.E. 9th Avenue 4th Avenue Thomas Markham Okeechobee, Florida $8,120.00 $14,700.00 $8,800.00 Rock-A-Way, Inc. Okeechobee, Florida $8,600.00 $16,025.00 $9,550.00 Markham total bid - $31,620.00 Rock-A-Way, Inc. total bid - $34,175.00 Councilman Burk moved to accept the low bid of Thirty-One Thousand Six Hundred Twenty Dollars ($31,620.00) from Thomas Markham, Okeechobee, seconded by Councilman Knight, vote carried. $O~iOD 4) BIDS - CLEARING RIGHT-OF-WAY Director Fortner presented bids received for the clearing of the right-of-way located on South West 7th Avenue. Rock-A-Way, Inc. Markham Pipelines Okeechobee, Florida $4,875.00 $5,500.00 Okeechobee, Florida Mr. Gene Mattson Jack M. Butler Okeechobee, Florida $10,689.25 Okeechobee, Florida $2,190.00 ~. M.J. Baggett $1,400.00 Okeechobee, Florida Councilman Knight moved to award the bid to M.J. Baggett, Okeechobee, low bidder, seconded by Councilman Burk, vote carried. 80-101 5) BIDS - FIRE HYDRANTS Director Fortner presented bids received for twelve fire hydrants. Davis Meter & Supply Co. $420.00 each $5,040.00 Cape Coral, Florida 30 days delivery B & H Sales, Inc. $340.30 each $4,083.60 Orlando, Florida In stock Southeastern Municipal Supply $372.05 each $4,464.60 Riviera Beach, Florida In stock Sav-On Utility Supplies $420.00 each $5,040.00 Ft. Lauderdale, Florida 7-21 days delivery American - Darling Valve Mfg. $316.24 each $3,794.88 Birmingham~ Alabama 6 weeks delivery Having the fire hydrants in stock ready to be delivered, Director Fortner recommended the Council accept the bid from B & H Sales, Inc., Orlando, Florida. Councilman Chapman moved to accept the bid from B & H Sales, Inc., as recommended, seconded by Councilman Burk, vote carried. 6) EMPLOYEE EVALUATION Director Fortner pr.esented an Employee Evaluation Form on Earl Jody Raulerson and recommended he be classified as a permanent employee. Councilman Burk moved to classify Earl Jody Raulerson as a permanent employee, seconded by Councilman Chapman, motion passed. 7) APPLICATIONS FOR EMPLOYMENT Memorandum #6, #7 and #8 were presented concerning applications for employment. Director Fortner reco~ended the following be hired: 2744 1) Bruce R. Addison and Jose Cortez as Equipment Operator I at a beginning annual salary of Eight Thousand Nine Hundred Sixty-Five Dollars ($8,965.00). 2) Jose L. Casarez and Leon Thomas as Laborers at a beginning annual salary of Eight --~ Thousand One Hundred Twelve Dollars ($8,112.00). 3) Frank A. Gallagher as Water Plant Operator at a beginning annual salary of Nine Thousand Five Hundred Sixty-Five Dollars ($9,565.00). Councilman Knight moved to accept the recommendations of Director Fortner on the three memorandums and hire Bruce R. Addison, Jose Cortez, Jose L. Casarez, Leon Thomas and Frank A. Gallagher, seconded by Councilman Chapman, motion carried. Regarding employee status, Director Fortner advised the Council that Donnie G. Bloomfield was dismissed, after several warnings. Employee Ralph E. Reutebuch injured his back in 1979 while at work. He has tried repeatedly to return to work but to no avail, consequently he is retiring at age 61. 8) TROUBLESOME SECTION OF ROAD Director Fortner reported receiving a request from the Police Department to correct a traffic hazard on South West 5th Avenue between 14th Court and 19th Street, the Woodland Park area. Several accidents have occurred due to the "S" curve. Residents are requesting the speed limit be reduced and possible "S" curve signs erected. Attorney Conlon advised that the City could be sued for not maintaining a dangerous section of road. --~ Council instructed Administrative Assistant Fellows to investigate the situation with Director Fortner and Police Chief Mobley, then report back. 9) "NO PARKING" SIGNS As requested by Council, Director Fortner contacted D.O.T. about installing "NO PARKING" signs on 441 north. They have done so, from Second Street to the railroad. Council instructed Assistant Fellows, Director Fortner and Chief Mobley to investigate additional sign. 10) THANKSGIVING HOLIDAY Director Fortner requested that City employees be given the day after Thanksgiving off also, noting that State and County employees will not be working. Councilman Burk moved to include the day after Thanksgiving as a holiday this year, seconded by Councilman Chapman, vote carried. INCENTIVE RAISES Director Fortner asked for clarification on the employee incentive raises. Councilman Burk stated the City was to use the structure similar to that of the State. An incentive raise was to come at the same time the across the board raises were given, for the previous year's performance. Chairman Douglas added that any incentive raise will be retroactive to October 1, 1980. Councilman Burk presented an evaluation on Director of Public Works Fortner and moved that he be granted a 5% incentive raise, seconded by Councilman Chapman, motion passed. 2745 Councilman Knight moved to grant Fire Chief Tomey a 5% incentive raise, seconded by Councilman Burk, motion passed. Councilman Chapman moved to grant Police Chief Mobley a 5% incentive raise, seconded by Councilman Burk, motion passed. C. FIRE CHIEF 1) FRS FUNDS TO VOLUNTEERS Chief Tomey requested permission to purchase ten (10) pagers from State purchasing using Federal Revenue Sharing Funds, for the City Volunteer Fire Department. Councilman Knight moved to allow the purchase of the needed pagers, seconded by Councilman Chapman, vote carried. 2) TRUCK #3 - PUMP Chief Tomey reported that the pump transmission on Truck #3 has recently been rebuilt, however, the repair will not last. Tomey requested permission to purchase a new pump, and quoted two prices received. Not knowing when the pump will break down, Chief Tomey deemed this an emergency situation. This being an emergency situation, Councilman Knight moved to purchase the 750 pump pending the terms of installation from Gator Emergency and not putting it out for bids, motion seconded by Councilman Chapman and vote carried. Assistant Fellows to determine whether monies can be transfered without a Resolution. 3) PAID HOLIDAYS Chief Tomey noted that granting the day after Thanksgiving off, poses a problem in his department. He budgeted only seven (7) paid holidays, consequently there are insufficient funds to pay his men that work that shift. D. ADMINISTRATIVE ASSISTANT Assistant Fellows summarized his findings of the over-all works of the City, after a week of employment. Fellows also commented briefly on Budget preparation, the land purchase, 201 Sewer Plan and purchasing. E. CITY CLERK 1) CERTIFICATE Clerk Thomas informed the Council she had received her second Certificate of Completion of a three year basic course on Government Career Development Program from Florida Atlantic University's Institute for Municipal Clerks and Finance Directors. 84~-39 2) LAND LEASE BIDS Clerk Thomas presented the bid tabulations received on the land lease. Bids as follows: John Allen Louthan $2,375 00 per year Freeman Cattle Co. $2,750.00 per year Okeechobee, Florida ' Okeechobee, Florida ~ Tave Waldron $2,500 00 per year James E. Boree $12.25 per acre Okeechobee, Florida ' Okeechobee, Florida Watpole Feed & Grain $2,156 00 per year Stanley G. Lipfert $1,001.00 per year Okeechobee, Florida ' Okeechobee, Florida James L. Raulerson Okeechobee, Florida $2,484.02 The bid received from John Louthan included a statement that no sod or trees will be removed from the acreage. Attorney Conlon stated that such a clause should be added to the lease. Councilman Knight moved to award the land lease to the highest bidder, Freeman Cattle Company, seconded by Councilman Chapman. Councilmen Chapman, Knight and Douglas voted yes, Councilman Burk abstained. Motion passed. 80-104 3) 1980 ELECTION BOARD Clerk Thomas presented the 1980 Election Board as follows: Clerk - Mrs. Doris Carden Machine operator - Mr. Ellie Waters Inspectors - Mrs. June N. Boromei Alternates - Pat Dilliard Mrs. Ruth D. Jeffers Tave Waldron Mrs. V$olet B. Briney Deputy - Mr. Oscar Lowe Councilman Burk moved to accept the election board, seconded by Councilman Chapman, vote carried. COMMUNICATIONS FROM COUNCILMEN A. EDWARD W. DOUGLAS 1) SEEKING GRANTS Council agreed to instruct Assistant Fellows to pursue grants, for the development of the 151 acres, for recreation parks, industrial parks, etc. Fellows asked to check into grants for bridges, water and sewer projects, etc. 2) COUNTY FIRE DEPARTMENT Chairman Douglas read a letter from the Okeechobee County Fire Rescue requesting that the one hundred fifty foot (150') section on the north end and west side of North West 3rd Avenue, between North West 2nd Street and the alley behind Fry Hardward, Inc., be designated as a "NO PARKING" area "FIRE ENTRANCE/EXIT". Councilman Knight moved to grant the request, seconded by Councilman Chapman. Attorney Conlon advised that an ordinance is needed to enforce the signs. Chief Mobley stated that such an ordinance is in the works. Chairman Douglas called for a vote on the motion. Motion passed. 3) OKEECHOBEE BEACH WATER Chairman Douglas read a letter that Leland Pearce sent Carl T. Durrance regarding tapping into the City of Okeechobee's waterline. Director Fortner advised that the matter had been taken care of. 4) LETTER OF CON~MENDATION Chairman Douglas read a letter from Citizen John V. White commending Police Sergeant Dalton Chandler, Patrolman Richard Long and the City Fire Department for their alertness and quick response which saved the lives of the occupants of 306 S.Wo 3rd Avenue. 5) MEETINGS Chairman Douglas reminded the Council of the following meetings: 2747 December 1 - joint meeting with County Commissioners December 2 - regular meeting and election canvass Chairman Douglas requested a Workshop on Thursday, December tl, 1980, to approve vouchers and meet with the Administrative Assistant to outline his duties. Limit the Workshop to these two items only. B. JIM KNIGHT Councilman Knight reported that the parks are ready for plants and he intends to carry on with the landscaping. Councilman Burk suggested advertising for people to donate plants for the parks. Director Fortner suggested a master plan of landscaping. No action taken. C. DONALD BURK Councilman Burk asked that Council adopt a Resolution commending Sergeant Chandler, Patrolman Long and the City Fire Department. Burk so moved, seconded by Councilman Knight, vote carried. City Clerk to draft such a resolution. 80-102 SALARIES - SCHOOL CROSSING GUARDS Chairman Douglas brought to Council'~ attention the fact that the two school crossing guards did not receive a cost of living raise and they are requesting one. Councilman Burk stated that it was not over-looked. Council discussed this during Budget hearings, b~t no decision was made since they were not full-time employees. Council instructed Chief Mobley and Clerk Thomas to determine if funds are available in the Police Department Budget then report back with a recommendation. ADJOURNMENT There being no further business, the meeting adjoruned at 9:50 P.M. ~a~M~las'- City of Okeechobee ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee WORKSHOP MEETING WITH COUNTY COMMISSIONERS MONDAY, DECEMBER 1, 1980 The City Council and the Board of County Commissioners met for a joint workshop session to discuss the 201 Facility Plan. The meeting was held on December 1, 1980, at 7:00 P.M., in the Civic Center. County Commissioner James Lashley presided with the following present: Mayor Edward W. Douglas, Councilmen Donald Burk, Oakland Chapman, Lytle Raulerson and Jim Knight; Commissioners AGENDA SECOND REGULAR MEETING NOVEMBER 25, 1980 7 :00 P.M. 1. Invocation 2. Approval of minutes for. October 13th, 14th, 16th, 20th. 2Ist, 28th 29th, and November 3rd. 1980, meetings. 3. Rezoning request Gary R. Frazier - second and final hearing Lots 11 and 12, Block 35. 1st Addition to South Okeechobee 4. Mike Rose - Request canals be cleaned in Wilcox Shores 5. Harry Horrick and Marvin Wherrell, Sr. - Alley behind First Savings & Loan 6. Planning Board recommendations - Amendments to Zoning Ordinance #402 7. COMMUNICATIONS FROM DEPARTMENT HEADS A. City Attorney - suits B. Director of Public Works C. Fire Chief D. Administrative Assistant E. Other Department Heads F. 'City Clerk - Election Board 8. COMMUNICATIONS FROM COUNCILMEN A. Mayor Douglas - read letter from Mr. White (re: Police Department) - read letter from Okeechobee County Fire Rescue - read letter from Leland Pearce to Carl Durrance Workshops set 1) City /County - at Civic Center - 201 Facility December 1, 1980, 7 :00 P.M. Worksho s discussed but not set 1 L.P. Sanitation 2) Comprehensive Plan - Dr. Bartley is making a time schedule. 3) Zoning Ordinance #402 B. Oakland Chapman C. Lytle Raulerson D. Jim Knight E. Donald Burk 9. Adjournment