1979-05-22 Regular Meeting 2441
SECOND REGUALR MEETING TUESDAYp..MAY 22~ 1979.
The City Council of the City of Okeechobee, Florida, convened in Regular Session in
the Council Chambers at City Hall, Okeechobee, Florida, at 7:00 P.M., Tuesday, May 22,
1979.
President Edward W. Douglas presiding.
Councilmen Oakland Chapman, Donald Burk, Lytle Raulerson and Jim Knight were present.
Others present were: L.C. Fortner, Jr., Director of Public Works; Richard B. Spray,
Building Inspector; Keith Tomey, Fire Chief; David Conton, Attorney; Bonnie S. Thomas,
City Clerk; Sylvia Christian, Deputy Clerk.
The Invocation ~as offered by Councilman Donald BurR.
79-1 APPROVAL OF MINUTES
It was moved by Councilman Burk to approve the minutes of May 3, and May 8, 1979,
after the corrections, seconded by Councilman Knight and vote ca, ed.
OKEECHOBEE LIMITED
Attorney Bill Hendry representing Okeechobee Limited presented a request to close
two "T" Alleys in Block 12 and 21. Located north of the Seaboard Railroad and just
south of the City limits.
President Douglas requested an up-date on the background information. Attorney
Hendry recalled that the Council had approved in prior minutes of April 23, 1978, the
alleys to be closed, in return for an extension of the alleyways, and to be executed
by Okeechobee Limited.
Attorney Conlon inquired as to whether or not there are any obstructions near the
alleys to prevent any continuations.
Director Fortner stated that he had checked into this ~hen the issue first came
up almost a year ago and found no problems.
Councilman Burk moved to instruct Attorney Conlon to prepare a resolution to close
"T" Alleys in North West Blocks 12 and 21, accept the extension of the alleys, and to
record the easements of the alleys after the Resolution-is passed. Motion seconded by
Councilman Raulerson and vote carried.
79- ! 6 CONSOLIDATION - EAE~ENT
Upon Attorney Conlon's request Attorney Hendry read a copy of a Title of Easement
Only as follows: "Whereas the Okeechobee Company, Inc. is agreeable to the use by the
City of Okeechobee of certain lands to construct a new City Hall and Fire Station.
Whereas the Okeechobee Company does not desire to pa~t with the title to the land and
the City of Okeechobee is willing to accept the use of the property owned by the Okee-
chobee Company. It was a~ed that the City of Okeechobee have an easement upon the
property upon the following terms and conditions":
"The City of 0keechobee erect a City Hall and Fire Station to be used only and
solely as a City Hall and Fire Station. And it is further agreed and understood by
Okeechobee Company and City of Okeechobee that the easement hereby given shall continue
and be in full force and affect so long as the buildings shall stand and are used only
and solely for the purposes here and above set out".
It was brought to the attention of the Council that the City used to own a pier
and boat dock on Taylor Creek which was lost due to the City thinking there was no
problem with their title. The case went as far aa the Florida Supreme Court.
Almost everything in the Plat of Okeechobee and the ~irst W. dition to Okeechobee
(streets, parks, etc.) is included in this issue. The water tower property was pur-
chased separate, however.
79-59 PLUMBING AND ELECTRICAL CODE FEES
Attorney Conlon advised that a motion be made to instruct the City Clerk to commence
advertisment proceedings on a public hearing of the proposed ordinance.
Section 3A was added to the proposed ordinance: There shall be a minimum permit
fee of Fifteen Dollars ($15.00) charged.
Councilman Raulerson moved to instruct the City Clerk to advertise public hearing
for proposed ordinance of Plumbing, Electrical and Building Permit fees, seconded by
Councilman Burk and vote canopied.
79-6! NOTICE TO CUT AND P~OVE WEEDS
Attorney Conlon presented a copy of a form letter '~lotice to Cut and Remove Weeds",
that attempts to comply with the Charter Code of Ordinances that provides if a lot is
overgrown the owner is entitled to have a notice presented t0 him to clean up the
property within fifteen (15) days.
The Chief of Police would notify the owner of the property by registered mail,
return receipt requested. If the owner fails to comply within fifteen (15) days the
City will then have the excessive growth removed, and the cost will be assessed against
the property.
Attorney Conlon stressed that proper records be kept for proof of transactions.
Building Official Spray suggested the City obtain two bids and present them to
the owner before doing the work. Attorney Conlon stated a second letter would then
have to be drafted as a reminder. Councilman Burk said the original letter is sufficient,
a second letter is not needed.
The Council then discussed the procedure for getting bids on the cleaning up
process. Councilman Burk suggested the City obtain bids for an entire year as opposed
to individual cases.
79-16 TYPOGRAPNICAL ERRORS
Attorney Conlon noted that the typegraphical errors in the new zoning ordinance
~+02 are only typing errors. The errors should be left until the Comprehensive plan
is complete.
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79-62 NtlIIC CASE
Attorney Conlon has ordered a transcript in order to file an appeal, at the cost
of One Hundred Fifty Dollars ($150.00). When received Attorney Conlon will file for
a rehearing.
POLICE CH ,1'~, F
Police Chief Larry Mobley was not present.
79-63 FIRE CHIEF
1. Hiring of one man
Fire Chief Keith Tomey requested permission to hire another fireman. This would
provide two men per shift and relief during vacations. The money has already been al-
located and is in present Budget for '78-'79.
Fire Chief Tomey then presented an application from John William Emmons, currently
employed by the County Fire Department.
Councilman Raulerson was concerned about the applicant's job stability as indica-
ted on application and also objected to hiring employees of the County while they were
still employed by the County.
Motion was made by Councilman Burk to instruct City Clerk Bonnie S. Thomas to
advertise, in the news, for a fire fighter. Seconded by Councilman Knight and vote
caz~-~i ed.
2. Promotion of Three Men to Lieutenant
Chief Tomey and the Council discussed promoting three men to lieutenant as re-
commended by Chief Tomey.
Councilman Burk expressed the opinion that the evaluations of Chief Tomey are pre-
mature, having worked with the men only one week.
Councilman Knight moved to promote firemen E.H. Reutebuck, Donnie Metzcher and
Horton Gragg to Lieutenant. Firemen Reutebuck and Gragg to remain at present salaries
of Eleven Thousand Four Hundred Seventeen a~d 70/100 Dollars ($11,417.70) and Nine
Thousand T~o Hundred T~enty Five and 20/100 Dollars ($9,225.20) respectively, and to
raise fireman Metzcher's salary to Nine Thousand TwO Hundred Twenty Five and 20/100
Dollars ($9,225.20). Councilman Chapman seconded the motion and vote carried.
3- Base Radio-Phone' s
Fire Chief Tomey requested that an extension to the Fire Department's base radio
be placed in the Police Department so the dispatcher will be able %o keep track of the
Fire Department calls.
Councilman Burk recommended that Councilman Knight, Chief Tomey, Councilman
Chapman and Chief Mobley get together and work out a solution to be brought up to the
Council at a later date.
4. Pump on Fire Truck #5
Chief Tomey brought to the Council's attention the fact that the clutch is going
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bad on the pump, and he will try to have it rebuilt for the fourth time. The price of a
new clutch is T~o Hundred Eighteen Dollars ($218.00).
Councilman Burk suggested that the Fire Department purchase a new clutch since the
present one ha~ already been rebuilt three times.
5. Tank on Truce #~
In regards to squiring a tanE for truce #3, Chief Tomey reported that the One Thousand
Nine Hundre~ Dollars ($1,900.00) originally ~llocated would cover the materials only, not
the completed item.
Chief Tomey has contacted the Department of Forrestry in regsm~ls to a round tanE they
will sell to our Fire Department. Chief Tomey is to inspect the round tanE and notify the
Council of his findings.
6. Fire E~ter 100
Chief Tomey presented a request to purchase a nozzle used for high expansion foam
at a present cost of Three Hundm~d Forty Nine Dollars ($3~9.00).
After explanation by Chief Tomey, Councilman Knight moved to purchase a Pire Eater 100
nozzle, seconded by Councilman Chapman and vote ca~ied.
?. Volunteer Fire Department
Chief Tomey attended the meeting of the Volunteer Fire Department and learned that
some of the members have dropped out. There is a need for some sort of incentive to
recruit them b~ck. Tt was suggested to p~y each volunteer Five Dollar~ ($5.00) per
response to a fire call.
There was discussion regarding the City of Okeechobee p~ying for a firemen's Death
Benefit from the State Fireman's Association as an incentive. Councilman R~ulerson
pointed out to the Council this was not feasible because the City would be paying for
the Death Benefit and some of the volunteers do not respond to the fire alarm.
~ire Chief Tomey wants to institute, beginning June 15, a training class once a week.
Then at the end of August revert b~ck to twice a month.
Councilman Knight recommended that the fee be raised from Three Dollars ($3.00) to
Five Dollaru ($5.00) per call and T~o Dollars ($2.00) per training class for volunteers.
Following discussion, Councilman Knight moved to pay each volunteer T~o Dollars 652.00)
per training class, seconded by Councilman Raulerson and vote carried.
8. Ph~ai. cals
Fire Chief Tomey recommended a physical for each man. Every three yea~s below the
age of 50, every other year over the age of ~0.
Councilman Burk suggested to Councilman Knight and Chief Tomey to che~ into the cost
and the quality of the physicals given before acting on the recommendation.
79-6~t BUILDING OFFICIAL
1. Ordinance for Junk Parked on Streets and/or Trash
Building Official Richaxxt B. Spray requested an ordinance for trash and debris placed
2445
on the curbside off the property. Also, an ordinance for parking vehicles of any kind
on the road.
Councilman Burk suggested that a Workshop be set up to draft such an ordinance to
be enforced.
2. Wherr~ll Buildin~
In talking with Attorney Tom Conely two weeks ago, Building Official Spray learned
that Attorney Conely is settling the estate of the father of Mrs. Wherrell. Attore~y
Conely stated he may be able to save the City money and aquire the building without
any trouble. Since action has been delayed this long, Building Official Spray suggested
the City wait a while longer.
In regards to the items kept on the outside of the building~ Attorney Conlon was
asked if any legal action can be taken. He suggested using the Ordinance for excessive
trash.
3. Eonin~ Administration
Building Official Spray requested that all the business of the Zoning Administration
be handled upstairs in his office, not in City Clerk's office except for obtaining forms
and payment of fees.
Councilman Raulerson raised a question pertaining to Section 6 of the New Zoning
Ordinance. A citizen told him she was given permission to move a building from the
~ont lot to the rear lot zoned commercial. Building Official Spray said he told citizen's
husband he could only move the building if the property (rear lot) was rezoned from Com-
mercial to Residential.
79-65 DIRECTOR OF PUBLIC WORKS
1. Fire Hydrants for New Elementar~ School
Director of Public Works L.C. Fortner presented preliminary plans for a new north
elementary school between the Junior High School and the Multi Purpose building or Bus
Director Fortner has permits for three fire hydrants from an Engineezing firm of
West Palm Beach. He questioned whether the City will allow the connections and whether
the City will operate and maintain them, at a cost of One Hundred Twenty Dollars
($120.00) per hydrant annually.
If the City agrees to operate and maintain the hydrants on private property, an
easement is needed. The County is responsible for paying for hydrants outside the City
limits.
After detailed discussion Councilman Burk moved to begin the necessary procedures
and have documents drawn up to provide the necessa~ water mains, fire hydrants and
obtain adequate easements needed, and draw up an agreement with the School Board to
have them pay for the maintenance fee on the fire hydrants, seconded by Councilman
Chapman and vote ca~x-led. Councilman Knight opposed the motion.
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2. Harve~ Hamrick
Director F~tner presented a request from Harvey Hamrick for sewer connection for a
six unit doctors office building located outside the City limits.
Director Fortner stated that Mr. Hamrick was made aware of the moratorium and still
wanted his request to go on record.
Councilman Burk moved to deny the request due to the moratorium, seconded by Council-
man Knight and vote carried.
3. Telephone Pole Guide Wires
Attorney Conlon presented a request from First Savings and Loan Association to plant
flowers and shrubs along the alley easement behind the Association.
The telephone pole guide wires make the alley impassable. If the flowers are not
permissable then the bank requests the wires be removed by Florida Power and Light Company
to make the alley accessible.
Director Fortner indicated to the Council that he already has contacted Florida Power
and Light Company to remove the guide wires.
Y9-#2 CITY CLERK
1. Clarification of Milita~ Leave
Attorney Conlon wants to clarify the Minutes of May 8, 1979. Municipalities and
Counties must grant leave with pay in regards to the NatiDnal Guard. May 8, Minutes read
without pay.
2. ~lorida Power and Light Bill
City Clerk Bonnie S. Thomas presented a bill from Florida Power and Light Company
for a street light not previously billed. The bill was for Six Thousand Six Hundred
Twenty Three and 08/100 Dollars ($6,623.08), Florida Power and Light changed the type of
lighting and gave the City a credit of Two Thousand Four Hundred Six and 99/100 Dollars
($2,406.99) ,. leaving a balance due of Four Thousand Two Hundred Sixteen and 09/100 Dollars
(,~, m.6.0~).
This bill will bring everything up-to-date and then the City will be billed monthly
hereafter for this lighting. Included with the bill was a master list of the street
lights, addresses not included.
The City Clerk was instructed to ask Florida Power and Light Company to provide the
City with a master list of all the street lights including addresses so the Council can
determine which lights the City is being charged for. Also requested a Florida Power
and Light Company's representative to come to the next Council meeting to explain circum-
stances oF this bill.
3. Partial P~yment Request #3
City Clerk Thomas presented to the Council the Partial P~yment Request #3, City's
Share of O~eechobee 201 Facility Plan, in the amount of T~o Thousand Ninty Four and 13/100
Dollars ($2,095.13) payable to Okeechobee County Commissioners.
Councilman R~ulerson made a motion to pay the Request ~, seconded by Councilman
Burk and vote ca, z-led.
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4. Election Laws
In regards to the Election Laws, the City Clerk was instructed to have Sylvia
Christian research the differences in the City Election Codes and the State Election
Laws. After information is obtained it is to be turned over to the City Attorney for
study then submitted by him to City Council to decide whether or not to adopt State's
election laws.
5. Budget Dates
City Clerk Thomas presented the Budget Dates for Workshops. Councilman Raulerson
suggested to condense the planning of the Budget to avoid drawn out sessions. The
Council concurred.
The Budget Dates approved were Tuesday, July 7th and Thursday, July 26th, 1979,
August 9th, 16th, 23rd, and 30th, 1979.
In regards to a Workshop for the Dog Ordinance, Attorney Conlon stated that after
drafting the Amended Dog Ordinance all that is needed will be thirty or forty minutes
of discussion at a regular meeting.
ADJOJRNMENT
There being no further business, the Meeting recessed at 10:35.
Edward w. DOudlas - _ /
President City Council/
City of Okeechobee
ATTEST:
City Clerk
City of 0keech~ee
FIRST REGULAR MEETING TUESDAY~ JUNE 12, 1979
The City Council of the City of Okeechobee, Florida, convened in a
Regular Meeting in the Council Chambers at City Hall, 0keechobee, Florida,
at 7:00 P.M., Tuesday, June 12, 1979.
President Edward W. Douglas presiding.
Councilmen Oakland Chapman, Donald Burk and Lytle Raulerson were present.
Councilman Jim Knight Was absent.
Others present were: Bonnie S. Thomas, City Clerk; David Conlon, City
Attorney; L.C. Fortner, Director of Public Works; Richard B. Spray, Build-
ing Official; Larry Mobley, Chief of Police; Keith Tomey, Fire Chief and
Sylvia Christian, Deputy Clerk.
The Invocation was offered by Councilman Chapman.
CITY COUNCIL OF THE CITY OF OKEECHOBEE
COUNCIL CHAMBERS
MAY 22, 1979
AGENDA
SECOND REGULAR MEETING
7:00 P.M.
1. Invocation
2. Approval of Minutes for May 3, and 8, 1979.
3. W.L. Hendry - Okeechobee Limited - Closing two "T" Alleys in
in Block 12 and 21 which were deeded to Okeechobee
Limited.
4. Open for citizens not appearing on Agenda.
5. COMMUNICATIONS FROM DEPARTMENT HEADS
A. Attorney Conlon - 1) Resolution - closing of "T" Alleys
in Block 12 and 21 for Okeechobee Limited
v2) Ordinance to Amend Building Plumbing and
Electrical Code fees
v3 Typing errors - Zoning Ordinance
4 Status of Nemic case
B. Police Chief
C. Fire Chief
D. Building Official
E. Director of Public Works
F. City Clerk - 1) Clearify for record military leave with or
without pay for City employees
3 1 Florida Power & Light bill
Election Laws -(Sylvia)
6140190-4A44.
6. COMMUNICATIONS FROM COUNCILMEN
A. Edward W. Douglas
B. Oakland Chapman
C. Jim Knight
D. Donald Burk
E. Lytle Raulerson
7. ADJOURNMENT