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1979-08-14 Regular Meeting 2493 Street Department and the City Attorney. Tentative figures were submitted for consideration. 79088 STREET DEPARTMENT The Council authorized Director Fortner to transfer surplus funds from 1978-1979 salaries budget to the expense account to enable Director Fortner to make purchases ~efore the new budget. Alee transfer Water Department salaries surplus. ADJOURNMENT There being no further business, the meeting adjourned at 10:40 P.M. City of 0keechobee ATTEST: Bonnie S. Thomas City Cl~rk City of 0keechobee FIRST REGULAR MEETING TUESDA~ AUGUST 14, 1~7~ The City Council of the City of 0keechobee, Florida, convened in a Regular Meeting in the Council Chambers at City Hall, 0keechobee, Florida, at 7:00 P.M., Thesday, August 14, 1979. Councilman Lytle Raulerson presiding. Councilmen Oakland Chapman, Donald Burk and Jim Knight w~re present. President Edward Douglas was absent. Others present were Bonnie S. Thomas, City Clerk; L.C. Fortner, .'Director of Public Works; Larry Mobley, Police Chief; Keith Tomey~ Fire Chief; Richard B. Spray~ Building Official; David Conlon, City Attorney and Syl*ia Christian~ Deputy Clerk. The Invocation was offered by Councilman Donald Burk. 79-1 APPROVAL OF MINUTES Councilman Knight moved to approve the minutes of the July 24, Regular Meeting and the July 26, Budget Session, seconded by Councilman Burk and vote carried. 79-17 DOUG CASSELS - CONSOLIDATION COMMITTEE Mr. Doug Cassels was present to find out if the City Attorney was able to determine the legality of the City paying its share of the bill to 0kee- chobee News for the publication of the proposed Consolidation Plan. Attorney Conlon informed Mr. Cassels and the Council he had consulted Nith the County Attorney who was unable to cite any exact cases in point, as 2494 to why the County has refused to pay. The County based their decision on "black letter legal reasoning", if a determination was made by the Board that the document, as printed, was bias or printed more than just the code favoring ~ either side, then the expenditure for the publication would not be appropri- ate. Attorney Conlon suggested the Council do one of two things: 1) instruct him to direct a copy of the publication along with a letter to the Attorney General asking for an opinion or, 2) determine whether they feel the document was bias and went beyond just publishing the plan, then take the same stand as the County and refuse to pay the amount in question. Mr. Cassels stated he would like to have the opinion of the Attorney General because he feels the decision to not pay would not be sustained. Mr. Cassels recalled it was Mr. Conlon that seconded the motion to print the plan with the annotated copy written by the joint Senate. Councilman Chapman stated he would like this issue voted on and settled at this meeting. Before voting on the issue, Attorney Conlon wanted to inform the Council he directed an inquiry to the Attorney General concerning the legal effect of consolidation upon an easement that granted the right to use City Hall and the Fire Station. ---~ To sp~ed up the request, Attorney Conlon telephoned the Attorney General's office, and was informed the Attorney General's office did not answer questions pertaining to real estate. The answer will have to be determined in a court of law. Citizen Christina Hooker appeared before the Council and stated she is opposed to the payment of any monies charged for the publication of the County- City Consolidation Plan as printed and distributed by the 0keechobee News. Tax payers money should not be used for partisan political purposes. Attorney Bill Hendry appeared before the Council and informed them the Attorney General's office called him regarding the effect of consolidation on the easement. They stated again a decision on this will have to be settled in court, they could not issue a binding opinion on this matter. Councilman Knight stated this issue has become a political football and feels the City should remain neutral. Councilman Knight m~ved to drop the issue and deny the request of payment for printing the consolidation plan, seconded by Councilman Chapman and vote carried. PUBLIC HEARING ?9-89 BID TABULATION - RIVER BEND TRAILER PARK It being the hour of 7:30 P.M., and pursuan~ to a notice published sealed bids were received, opened and read for the River Bend Trailer Park Lift Station. 2495 Bids were as follows: Markham LagEow Pip eline s Irrigat i on Bid item A-1 one lif0 station complete with wet well invert of 7.87' $3~,840.00 $28,500.00 and 8" stub out to ease Bid item B-~ one lift station complete with wet well invert of 2.87' and $37,960.00 $33,500.00 8" stub out to east and 12" stub out to west 5% Bid bond Yes Yes Days to start 15 Calendar days 15 Calendar days Days to complete 180 Calendar days 120 Calendar days Director Fortner suggested laying the bids aside until the owner and engineer look over the figures, check the extentions and make sure everything is complete, then make a decision at a later date. 79-26 PLANNING BOARD RECOMMENDATIONS 1. AMENDMENT TO ORDINANCE #402 Action Taken: At the Regular Meeting on August 7, 1979, after the reading of the proposed ordinance amendment, Member Altobello moved that Section VIII, Paragraph 11 entitled RMH, Residential Mobile Home, District: exist~mg mobile home parks or mobile home subdivisions, be amended as follows: Within the City as of the effective date of this ordinance there exist mobile home parks & mobile home subdivisions. Such existing mobile home parks & mobile home subdivisions may be zoned RMH, even though such parks or subdivisions may not meet one or more of the requirements for new mobile home parks or mobile home sub- divisions set out herein; provided, all minimum health and sanita- tion requirements shall be met. This provision shall not be deemed, however, to permit the establishment of new facilities or the ex- pansion of existing facilit&es under this section exeept in con- formity with all requirements herein set out, except that the minimum area requirements of mobile home parks & mobile home sub- divisions for the expansion of existing conforming mobile home parks & mobile home subdivisions shall be determined on a case by case basis. An expansion is a contiguous enlargement of an exist- ing use. seconded by Member Wright, vote unanimous. Chairman Casse~s absent. Attonney Conlon informed the Council they did not need the entire Council present to move to advertise for public hearing. Councilman Burk moved to postpone a decision on this mmtter until the entire Council is present, seconded by Councilman Chapman and vote carried. 79-90 2. REZONING REQUEST - HAYNES WILLIAMS REAL ESTATE Rezone Lots i to 4 inclusive, Block 19, Northwest Addition from RSF to RG2. Action Taken: The Planning Board reviewed the objections voiced at the last meeting. Then after careful consideration and discussion the motion was made by Member Altobello to recommend the granting of the rezoning request from RSF to RG2 of Lots i to 4 inclusive, Block 19, Northwest Addition, secnnded by Member Wright. Members Joiner, Wright and Altobello voted yes. Member Hooker voted no due to the objections of the previous meeting. Member Cassels was absent. Councilman Chapman moved to table the request until full Council is present, seconded by Councilman Knight and vote carried. 79-90 3. REZONING REQUEST - HAYNES WILLIAMS REAL ESTATE Rezone Lots 1 to 4 inclusive, BRock 21 and Lots 7 to 10 inclusive, Block 21, South 0keechobee, from RSF to RG2. Action Taken: After careful consideration, discussion and hearing the objections of citizen~ present, the Plannin~ Board recommends the City Council deny this application. Please find Councilman Burk moved to acce~ the recommendation of the Planning Board to deny the rezoning request as read, seconded by Councilman 6hapman, Council- man Knight abstained from voting until further research, Councilmen Burk, Chapman and Raulerson voted yes, vote carried. 79-87 CHAMBER OF COM}~ERCE - PARK~ FOR LABOR DAY Mr. A1 Stokes, representing the Chamber of Commerce, appeared before the Council to discuss,use of the parks. In reference to a letter received some months a~o from the City Council, Mr. Stokes elaborated on the six (6) reasons cited for movin~ the festivities to the fourth park where the bandstand is located. Starting with reason six (6), Mr. Stokes stated the Chamber's ~pinion 6) Trash Clean Up - this is h~mdled solely by the Chamber of Commerce including the co st. 2) Monument - at one time this was a pro~lem, but this is now fenced off by the City when ~¥er there is activity in the park. 4) Burned Grass & Shrubs - the Chamberoof Commerce has made arrangements for the ~rill to be raised so the grass will not be burned. Any damage to the grass the Chamber will take care of. 3) Damage to Sprinklers - there is a possibility of some damage, but the Chamber feels it would be minimal. The Chamber put in the sprinkler system and are responsible for re~airs. 2 & 1) Parkin~ & Traffic Congestion - the Chamber feels that moving the festivities to ai~other park will not eliminate the parkin~ problems and traffic congestion. Mr. Stokes asked the Council to reconsider their decision to move the festivities to another park. Councilman Raulerson stated he could not see how movin~ to another park would cause a hardship on the Chamber. Mr. Stokes failed to see how electricity will be supplied without a ~reat deal of trouble. He has been unable, after many attempts, to have Florida Power & Light Company install lights. Councilman Chapman asked for Director Fortner's opinion. '2497 Director Fortner informed the Council the City has buried electrical wire from the bandstand over into the other park, in front of Okeechobee Hardware. The wiring is of ample size to install s~weral outlets in both parks. A water line has been run the full length of the park. There are four (4) tables already near the bandstand and four (4~ more will be added across for 0keechobee Hardware. Unless something drastic happens, the parks will be ready before Labor Day. Councilman Burk added, for the benefit of the public, it is the intention of the Council to not only up-grade the one park and the one ad- joining it, but all the parks with landscaping, etc. so they will look as we hoped they would for years. Citizen Dick Blair appeared ~6fore the Council to state his opinion. He feels the manner in which the Chamber has conducted the activities in the park have not been detrimental. If the Chamber is made to move to the third or fourth park, it will create a financial burden, nothing will be gained. Citizen Jim Lashley appeared to voice his opinion. As past President of the Chamber of Commerce, Mr. Lashley feels moving to another park would cause problems. With the festivities in the first park the turn out for the bar-b-que is much greater because it is seen from the main highway. The Chamber relies on the proceeds from this celebration to remain self supporting. Citizen Jim Enrico asked the Council, since the six reasons for moving the festivities have been resolved by the Chamber assuming full responsibili~ ty, what is the need for moving. Citizen Baird Patterson asked to be able to voice his opinion. Even though the festivities slow his business, he does not think it fair to move the festivities to another park which may hurt the Chamber. After hearing the comments of the citizens, Councilman Raulerson, for convenience, numbered the parks in question; Park #1 being the front park and Park #3 located in front of Fry Hardwar~ and 0keechobee Hardware. Councilman Burk stated in lieu of the fact that the Council considered the City has nice parks that should be up-graded and there is a traffic congestion problem during these festivities a motion is needed. Councilman Burk moved to instruct the Chamber of Commerce to move to the parks at the bandstan~ and across from Fry Hardware, seconded by Council- man Chapman and vote carried. 79-6 KELLY TRAILER PARK Mrs. Kathleen Wherrell was present to discuss the additional charge of Four Hun4red Seventy Dollars ($470.00) to raise the Kelly Trailer Park Lift Station and valve box. Mrs. Wherrell stated they have not agreed to any changes and were not 2498 notified of any increases until Director Forther telephoned. As far as the added charge is concerned, they felt the original agreement should stand. Director Fortner stated the original p~.an called for an elevation of ---' 19.5 feet. The Lift Station was installed minus the top slab. When the Engineer inspected it for elevation he informed the contractor it needed to be above ground level to eliminate any possibility of flooding. In raising the Station nine or ten inches the additional charge was incurred. After discussion Director Fortner suggested setting this issue aside until the Engineer i's consulted when he returns from vacation. 0CRA - DONATION Dr. Frank Platt appeared before the Council requesting a donation to the 0keechobee Citizens Recreation Association (0CRA). There were Eight Hundred Eighteen (818) children that participated in the 0CRA program, which is run by volunteers. There is a great need for a Recreation Department in this City. Expenses are taken care of except for Capital outlay monies. Monies are needed for lighting of the ball parks and insurance. Dr. Platt then re- quested that 0CRA be deleted from "Miscellaneous Donations" and enter a category for "Recreation". BAIRD PATTERSON - BEN FRANKLIN Citizen Baird Patterson appeared before the Council requesting control of street parking Un the Ben Franklin Store area. Mr. Patterson suggested two (2) hour par~ing signs, with regular patrol and check by a police officer. Councilman Raulerson stated the Council would study the problem and find a solution. ED WALPOLE - W~TER~ FIRE HYDRANTS Citizen Ed Walpole appeared before the Council to discuss the problem of supplying water to the newly platted subdivision of Okeechobee Park. As it stands now with the new Resolustion~ water cannot be supplied until the County pays the fire hydrant fees. Mr. Walpo~e has a great deal of money invested in this project and would be willing to pay the rsntal fee for two (29 years so the housing project can be completed. After lengthy discussion Councilman Burk suggested the Council request Mayor Douglas present the facts to the County Commission at their next meet- ing~ so the County Commissioners will have the needed information to author- ize this expenditure. Also, as previously suggested, the City Attorney meet with the County Attorney on this matter. ANTON HOEL - MORMAN CHURCH Mr. Anton Hoel reRresenting the firm of G & Jenson Engineers and Architects, West Palm Beach, appeared before the Council. Mr. Hoel informed the Council his firm has been commissioned by the 2499 Church of Jesus Christ of Latter Day Saints to design and compile contract documents for their new church building on Southwest Fifth Avmnue mhd Sixth Street. The Council has been approached at a previous meeting regarding the problems that ~ave arose with the alley on the property; To keep the Council informed of the progress, Mr. Hoel presented a set of plans showing the location of the building and that they plan to pave the alley from Southwest Thir~ to Southwest Fourth Avenue, for the benefit of the parking area behind the church. Mr. Hoel asked for any comments from the Council to agree, or disagree with this plan. After brief discussion, Mr. Hoel left the plans with the Council for further study and a decision at a later date. 79-71 DEARA THOMPSON - HUMANE SOCIETY Citixen Deara Thompson appeared before the Council, representing the 0keechobee Humane Society. Mrs. Thompson informed the Council the Society now has a signed contract with the County for one (1) year to pperate. The Society is ready to open September l, 1979. A Five ~housand Dollar ($5,000..00) donation enables the Society to have a building with phone, electric and water service. Once again the Humane Society requests the cooperation of the City by allowing the Society to operate the animal control for the City. Attorney Conlon noted the contract between the Humane Society and County is in the form of a Resolution that can be revoked. It basically provide~ that once a month, upon receipt from the Society of the paid receipts for food, medication, etc., the County will reimburse the Society their expenses; not to exceed what the County has budgeted for one year for itself to run the facility. Also, it gives, power to the Society to c~nduct investigations on cruelty issues. Attorney Conlon suggested the Council adopt a resolution similar to that of the County except concer~ing the fees to be charged, and the method for adoption; that the Society recognize the fact the City has a do~ control ordinance and the'provisions of that ordinance would govern. Councilman Knight moved to table this issue for further study, seconded by Councilman Burk, Councilmen Burk, Knight and Raulerson vote yes; Councilman Chapman voted no. Councilman Raulerson informed Mrs. Thompson an answer khould be given at the August 28, meeting. 79-74 COMMUNICATIONS FROM DEPARTMENT HEADS A. BUILDING OFFICIAL Building Official Spray was concerned with the issue on off street parking for commercial business, doctor's offices, etc. Building Official Spray questioned the extent of his authority regarding existing structures and the requirement of an off street parking plan. --~ Attorney Conlon suggested meeting with Building Official Spray to determine whether it is legal to require such a plan. B. POLICE CHIEF l) ACTIVITY REPORT Police Chief Mobley presented the P~lice Department Ac±ivity Report for the month of July. 2) PROBATION PERIOD Chief Mobley presented Employee Performance Evaluations on Patrolmen Weyman E. Arthur and Richard M. Long and requested an increase in salary of Four Hundred Dollars ($400.00) each. Chief Mobley noted these two men were hired ~rior to the decision by the Council to disallow probationary raises f~ new employees. Councilman Chapman moved that Patrolmen W~yman E. Arthur and Richard M. Long be taken off probation and be granted an increase in salary of Four Hundred Dollars ($400.00) each, seconded by Councilman Knight and vote carried. 3) PARKING SIGNS AT PRIMARY SCHOOLS Chief Mobley informed the Council of the traffic and parking problem at the 0keechobee Primary School. He requested that "NO PARKING" signs be installed with no parking between signs on Southwest 5th Avenue, fifteen feet prior to the crossing on both sides. Councilman Burk moved to install the "NO PARKING" signs as requested, seconded by Councilman Chapman and vote carried. 79-29 STOP LIGHT AT INTERSECTION OF SR 70 & S.E. 8th AVENUE Councilman Knight read a letter addressed to L.C. Fortner, Director of Public W~rks, from Patrolman Dalton Chandler regarding the traffic light at the intersection of SR 70 and S.E. 8th Avenue. The letter pointed out that a problem exists at this intersection and numerous complaints have been filed in reference to the light not working properly. It is the opinion of Patrolman Chandler, and the opinion of other Patrolmen, that the traffic light functions properly. The problem lies in the motorists not stopping at the p~oper spot to trip the light. Patrolman Chandler asked for repainting of the white line and erecting a sign instructing the motorist to stop at this point to engage the light. Director Fortner informed the Council the materials to repain~ the cross bar at the intersection have already been ordered. If repainting the c~ss 2501- bar does not solve the problem, a sign will be added. Councilman Knight stated the sign should be put there right away. C. FIRE CHIEF 1 ) ACTIVITY REPORT Fire Chief Tomey presented the Fire Department Activity Report for the month of July and the Volunteer Firemen pay for the month of July. 2 ) EMT Chief Tomey informed the Council he had been approached by Wayne Collins who has been authorized by Indian River Junior College to teach an E~ergency Medical Technician (EMT) course in 0keechobee provided he can get fifteen (15) people to enroll. Chief Tomey requested the Council allow the class to be held at the City Fire Department on Saturdays at no expense to the City. The Council granted permission. 3) WHITE SHIRES FOR DRESS UNIFORMS Chief Tomey presented a request to purchase white shirls for the dress uniforms for all the firemen. The cost for eighteen (18) shirts will be approximately Two Hundred Fifty Dollars ($250.00). Councilman Knight moved to allow Chief Tomey to purchase the eighteen shirts for the Fire Department, seconded by Councilman Chapman and vote c arri ed. 79-65 D. DIRECTOR 0F PUBLIC WORKS Director Fortner presented Memorandum #1 to the Cpuncil regarding new equipment for th~ Public Works Department to be purchased with the remain- ing Anti-Recession Funds. Councilman Burk moved to authorize the expendituresout of the An±i- Recession Funds to purchase the items listed in Memorandum #1, seconded by Councilman Knight and vote carried. MEMO DUM Director Fortner presented Memorandum #2 concerning the Pension Plan for employees. He requested that the balances of the budgeted amounts be transfered to the Pension Plan of the Employees. Councilman Burk moved to approve the transfer of funds listed in Memo- randum ~2 to the Pension Plan, seconded by Counci-/~nan Chapman and vote carried. 3) 201 FACILITY PLAN Director Fortner informed the Council that representatives of the Frederick Bell Consulting Engineers, Inc. were in the office of Public Works with a set of plans for the lines plant, lift station, etc. These were the first set of plans that Director Fortner has seen. The representatives were 2502 here to do some "on site investigation" and up-dating of their information. Director Fortner asked that they leave the set of plans for detailed study. They assured him they would send him a complete set of the first --~ three site plans. 79-35 4) OKEECHOBEE BEACHWATER ASSOCIATION Director For~ner informed the Council that the 0keechobee Beachwater Association has not paid the outstanding bill of SevenSy-Five Thousand Dollars ($75,000.00), however, they have paid their water bill. The puJnps are laying on the ~round to be installed in the new clearwell. Director Fortner instructed the contractor not to install them until other arra~4~ements have been made. Councilman Burk moved that a prerequisite to hooking up of the pumps in the new clearwell would be the receipt of the Seven,y-Five Thousm-d Dollars ($75,000.00) still outstanding, seconded by Councilman Knight and vote carried. Council to instruct the Chairman to notify 0keechobee Beachwater Association in writing of the action of the Council. 5 ) ACTIVITY REPORTS Director Fortner presented the Activity Reports of the Water, Sewer and Street Departments for the month of July. E. CITY ATTORNEY --~ 1 ) HUSAIN RESIDENCE Attorney Conlon advised the Council that it is permissible to build a residence on property zoned Holding. Councilman Knight moved to grant a public hearing on the rezoning request of Muzaffar Husain, M.D., seconded by Councilman Burk and vote carried. 79-42 F. CITY CLERK l) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Clerk Thomas presented a letter from the Central Flordia Regional Plan- ning Council requesting the appointment of an energy conservation manager. The Council left this decision for Mayor Douglas. 2) FLORIDA LEAGUE OF CITIES - VOTING DELEGATES City Clerk Thomas presented a letter from the Florida League of Cities regarding the appointment of voting delegates. The Council authorized City Clerk Thomas as delegate. ~) 201 FACILITY PLAN, STEP 2 PARTIAL PAYMENT REQUEST NO. 5 Clerk Thomas pr&sented a letter regarding 0keechobee 201 Facilities Plan, Step 2 Partial Payment Request No. 5. Councilman Chapman moved to authorize payment of the 201 Facilities Plan, Step 2 Partial Payment Request No. 5 in the amount of Six Thousand Seven Hundred Fifty-Two Dollars $$6,752.00), seconded by Councilman Burk and vote carried. 2503 79-71 COMMUNICATIONS FROM COUNCILMEN A. LYTLE RAULERSON Councilman Raulerson informed the Council that Mr. Robert Keesee of the Department of Communitee Affairs has been here studying a payroll schedule for the employees of the City. A typed copy of the proposed Pay Plan will be distributed to each Council- man for study. Councilman Raulerson instructed Mr. Keesee, if need be, a Workshop will be set up to change the schedule prior to the Budget Session on salaries, otherwise it will be discussed at the August 16, meeting. B. OAKLAND CHAPMAN 1) SAMPLE GARBAGE PICK-UP SCHEDULE Councilman Chapman presented a sample garbage pick-up schedule from the City of Boca Raton. Councilman Chapman w~uld like this sample to be presented to Tare Waldron or Jay HuSfman of L.P. Sanitation to remedy the existing garbage pick-up problem. The Council instructed Councilman Chapman not to present this to Jay Huffman until it is discussed with Tare Waldron at the Thursday meeting August 16. 2 ) NOISE ORDINANCE Councilman Chapman presented a copy of a Noise Ordinance. The present Ordinance is out dated. A copy was given to Attorney Conlon to draft an Ordinance for the meeting of August 28. D I S BURS EMENTS Water & Sewer Operation & Maintenance $36,277.67 Federal Revenue Sharing Trust Fund $29,097.69 Anti-Recession Fund $47.00 General Fund $45,093.24 ADJOURNM~NT There being no further business, the meeting recessed at 11:05 P.M., until Budget Session, August 16, 1979. Do Wla / - ~ President City Council ~-- City of 0keechobee ATTEST: BonnSe S. Thomas City Clerk City of Okeechobee AGENDA FIRST REGULAR MEETING AUGUST 14, 1979 7:00 P.M. 1. Invocation 2. Approval of Minutes of July 24 and 26, 1979 3. Doug Cassels - Consolidation Committee payment of printing bill 4. Kelly Trailer Park - $470.00 additional charge 7:30 P.M. 5. Bid Tabulations - Construction of lift station 6. Planning Board recommendations 7. Chamber of Commerce - Regarding parks for Labor Day 8. OCRA - Frank Platt, donation 9. Mr. Patterson - To discuss parking situation behind his store 10. Ed Walpole - Water, fire hydrants 11. Mr. Hoel - Representing G & Jensen Morman Church contractor 12. Deara Thompson - Humane Society 13. Open for citizens not appearing on Agenda 14. COMMUNICATIONS FROM DEPARTMENT HEADS A. Building Official B. Police Chief C. Fire Chief D. Director of Public Works E. City Attorney - 1) Husain residence zoning 2 Payment to Consolidation Committee 3 Morman Church agreement F. City Clerk - 1) Florida League of Cities delegate from City 2) Central Florida Regional Planning Council (apt.1) 3) 201 Facilities payment #5 - $6,752.00 15. COMMUNICATIONS FROM COUNCILMEN A. Lytle Raulerson - Mr. Keesee B. Oakland Chapman - 1) Garbage pick -up schedule 2) Noise Ordinances 3) Off street parking C. Jim Knight D. Donald Burk 16. Disbursements 17. RECESS until Budget session August 16, 1979