1979-08-28 Regular Meeting 2505
79-88 BUDGET WORKSHOP SESSION THURSDAY, AUGUST 23, 1979
The City Council of the City of 0keechobee, Florida, convened in a
Budget Session in the Clekk's office at the City Hail, 0keechobee, Florida,
at 7:00 P.M., Thursday, August 23, 1979.
President Edward W. Douglas .presiding.
Councilmen Oakland Chapman, Lytle Raulerson and Jim Knight were present.
Councilman Donald Burk was absent.
Others present were Bonnie S. Thomas, City Clerk; Richard B. Spray,
BUilding Official; Keith Tomey, Fire Chief; Larry Mobley, Police Chief; L.C.
Fortner, Director of Public Works; Robert D. Keesee and Sylvia Ch}istian,
Deputy Clerk.
PROPOSED PAY PLAN
The proposed Pay Plan and Employees Procedures were presented by Robert
D. Keesee, Department of Community Affairs, for discussion.
NEW PATROL CARS
Chief Mobley brought to the Council's attention the poor condition of
two patrol cars. He informed them 0keechobee Chrysler-Dodge, Ine. has three
1979 model patrol cars available.
Director Fortner noted he could buy the patrol cars from the Dodge Company
direct on State Purchasing without advertising. He will check into this for
further discussion at the August 28, 1979, meeting.
ADJOURNMENT
There being no further business, the meeting adjourned at 10:00 P.M.
President City CounCil
City of Okeechobee
ATTEST:
' ..~ ~ .....~/.
/ ,"///~
Bonnie So Thomas
City Clerk
City of 0keechobee
SECOND REGULAR MEETING Tt/ESDAY~ AUGUST 28, 1979
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,
.... Tuesday, August 28, 1979.
President Edward W. Douglas presiding.
Councilmen Oakland Chapman, Jim Knight, Donald Burk and Lytle Raulerson
were present.
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Others present were Bonnie S. Thomas, City Clerk; David Conlon, City
Attorney; L.C. Fortner, Director of Public Works; Larry Mobley, Police Chief;
Keith Tomey, Fire Chief; Richard B. Spray, Building Official and Sylvia
Christian, Deputy Clerk.
The Invocation was offered by Councilman Burk.
79-32 FLORIDA SCHOOL FOR BOYS - SUPERINTENDENT
Martin Cox appeared before the Council to introduce himself as the new
Superintendent of the Florida School for Boys. Mr. Cox informed the Council
he will be striving to make the Boys School an asset to the community.
Councilman Burk spoke on behalf of the employees of the Boys School
noting Mr. Cox, he felt, is capable of doing an excellent job and will solve
the problems there.
79-91 PLANNING BOARD RECOMMENDATIONS
A. AMENDMENT TO ORDINANCE #402
The Planning Board recommended to the Council that the minimum area re-
quirements of mobile home parks and mobile home subdivisions for the expan-
sion of existing conforming mobile home parks and mobile home subdivisions
~hall be determined on a case by case basis.
After brief discussion, Councilman Chapman moved to instruct the Clerk
to advertise for public hearing to amend Zoning Ordinance #402, Section VIII,
Paragraph II entitled RMH, Residential Mobile Home, District: existing mobile
home parks or mobile home subdiviiions, reducing required acreage to five (5)
acres for expansion, seconded by Councilman Raulerson, vote carried.
79-90 B. REZONING REQUEST - HAYNES WILLIAMS REAL ESTATE
The Planning Board recommended the Council grant the request of Haynes
Williams Real Estate rezoning Lots 1 to 4 inclusive, Block 19, Northwest
Addition from RSF to RG2.
The Council delayed a decision on this matter until the City Clerk is
able to research the minutes pertaining to it.
79-68 HUMANE SOCIETY
The Council, as previously requested, has s~udied the agreement
between the County and the Humane Society regarding the use ~f the facilities
and funds. The Council is to decide whether the City will draw up an agree-
ment with the Humane Sociey along the same lines. Councilman Knight noted
he had studied the agreement and favors the same type agreement with the City
for one year.
Councilman Knight moved to instruct the Attorney to draft a contract
accepting the Humane Society's services for one year with a clause allowing
the City to revoke the agreement at any time aft~ notifying the Society,
seconded by Councilman Chapman, vote carried.
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79-43 TAVE WALDRON - L.P. SANITATION
Mr. Tare Waldron appeared ~efore the Council to inform them he had con-
fronted Jay Huffman of L.P. Sanitation re~arding the trash pick up, as re-
quested by the Council.
Accordin~ to Mr. Waldron, Mr. Huffman understood he must improve his
service or lose the franchise. He (Huffman) promised to correct the trash
pick up problems in the City and provide better service in the future.
President Douglas informed the Council~ Jay Huffman had spoken with him
makin~ mention that Councilman Chapman had ~iven him (Huffman) a copy of the
Boca Raton ~arbage schedule. Mr. Huffman requested the City work up a
similar schedule and inform the public as to pick up dates for their area.
JY9-92 HUBERT HARDEN - CLOSING "T" ALLEY
Hubert Harden appeared before the Council requestin~ the closin~ of a
twenty (20) foot "T" A~ley in the Northwest Section of Block 71 between
Northwest 6th and 7th Avenues and 7th Street and 7th Avenue.
At the March 1~, 1979, meetin~ the Council agreed to close said alley
subject to the utilities and the granting of a variance by the Board of
Adjustments and Appeals. Mr. Harden informed the Council that Florida Power
and Light Company has agreed to remove the utility pole to the fifteen (15)
foot alley provided Mr. Harden gives them a five (5) foot easement on each
side of the lots.
Attorney Conlon brought to the Council's atteniion the fact that the
present Zoning Ordinance provides that the square footage on corner lots has
to be twenty-five (25) percent greater land use than all other lots. However,
this p~tion of the Ordinance is not being enforced.
Councilman Raulerson noted a variance would have to be granted in Order
to have enough wideth to build the homes on the corner lots. Councilman
Raulerson felt there would be no problem closing the alley with an easement
right-of-way with the approval of the Board of Adjustments and Appeals on the
variance in order to give the proper wideth and depth needed for the square
footage on lot size.
Councilman Burk stated this had already been decided at the March 13,
1979, meeting and Mr. Harden needed to go before the Board of Adjustments and
Appeals to request a ~ariance.
Attorney Conlon informed Mr. Harden the mechanics would be for his
attorney to then send Attorney Conlon a legal description of the alley to be
closed from which a Resolution w~uld be prepared. At the same time Harden's
attorney should ~orward the easement grant by Harden. So when executed the
Resolution and easement can be recorded.
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79-92 McWHORTER - BERGER- CLOSING "T" ALLEY
Phillip Berger, realtor and Mr. Jim McWhorter, representative of Golden
Corral Steak House, appeared before the Council requesting the closing of
"T" Alley in Southwest Okeechobee behind Mr. Donut and grant the City an ease-
ment.
After lenghty discussion the Council instructed the City Attorney to
draft a tentative agreement with the following provisions:
l) Granting moving the alley with an easement clause.
2) Submit plans for a buffer zone (green area).
3) Tentative grant of 3,300 gallons of sewer use per day.
This agreement to be discussed at a Workshop and final decision given.
79-74 COMMUNICATIONS FROM DEPARTMENT HEA~S
A. CITY ATTORNEY
l) NOISE ORDINANCE
Attorney Conlon informed the Council he had reviewed the Boca Raton Noise
Ordinance and found it too detailed for the needs of the City of 0keechobee.
However, the attorney drafted a proposed Nois~ Ordinance that will be
ready to s~udy and discuss at the next regularly scheduled meeting.
Attorney Conlon noted a meter to register noise level will have to be
purchased to enforce the Ordinance.
2) ELMORE CASE
Attorney Conlon informed the Council that the Elmore case has some discovery
depositions being taken in the next few weeks. Consequently the case is still
on the books.
LAND TRANSACTION
Regarding the land transaction, the parties from Michigan will be in
0keechobee August 29th or 30th to meet with Attorney Conlon.
4) NEMEC CASE
There has been no communication fromeither side regarding the Nemec case.
5) ATTORNEY'S CONTRACT
Attorney Conlon presented a contract for his legal services for the en-
suing year. To be discussed at a later date.
B. BUILDING OFFICIAL
MURRAY INSURANCE
Building Official Spray informed the Council that Murray Insurance, 210
Southwest 2nd Street requests permission to ~ove a building from Jupiter and
set it beside the~ present office building.
Building Official Spray noted he will give permission only after he has
gone to Jupiter and inspected the building.
Attorney Conlon requested Building Official Spray meet with him and
review the Ordinances and Codes to be sure a building can be moved. The
County may have an Ordinance that over-rides the City.
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C. POLICE CHIEF
1) EMPLOYMENT APPLICATION
Chief Mobley presented an application for employment of Donna Lanning
as school crossing guard at the Primary School, to fill a vacancy created
by resignation of Reba Walker.
Chief Mobley recommended hiring Mrs. Lanning at a starting salary of
Fifty-five Dollars ($55.00) per week.
Councilman Chapman moved to hire Donna L. Lanning for school crossing
guard at the Primary School at the beginning s~lary of Fifty-five Dollars
($55.00) per week, seconded by Councilman Burk, vote carried.
2) FORMS FOR ENFORCING CITY ORDINANCES
Chief Moblgy requested a new form be printed up to be used to enforce
the new Dog and Cat Ordinance. Chief Mobley presented a sample form used
by the City of Oakland Park, Florida.
Attorney Conlon suggested having the State Attorney approve the forms
before ordering.
Councilman Chapman moved to authoriz~ the purchase of the forms to en-
force the Ordinances, seconded by Councilman Burk, vote carried.
79-12 3) BOND FOR DOG ORDINANCE
C~ief Mobley informed the Council as it stands now a person in violation
of the Dog Ordinance must appear in court. There should be a provision
allowing citizens to pay a fine or bond instead of going to court.
Councilman Burk moved to amend the Do~ and Cat Ordinance and set a bond
at Fift Dollars ($50.00), seconded by Councilman Knight~ vote carried.
79-63 D. FIRE CHIEF
1) 100 GALLON PUMPS
Chief Tomey informed the Council of several one hundred (100) gallon
pumps no longer in use in his department. He has received one bid of Two
hundred Dollars ($200.00) to remove th~m.
Councilman Burk inquired as to the property records system. If the
pumps were capital outlay funds then a municipality has to survey before
selling property owned by the public.
The Council instructed Chief Tomey to check with Clerk Thomas~ then
bring the matter before the Council at a later date.
2) NEW TIRES FOR TRUCK #2
~hle~ ~omey presented a request to purchase new tires for Fire Truck #2.
Through State purchasing the tires cost Sixty-five and l~/100ths Dollars
($65.1t) each for ~20-10 ply tires.
Councilman Knight moved to authorize the purchase of six (6) 920-10
ply tires in the amount of Three Hundred Ninety and 8~/100ths Dollars ($~90.8~),
seconded by Councilman Chapman, vote carried.
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E. DIRECTOR 0F PUBLIC WORKS
79-95 1) REQUEST ALLEY OPENING
Director Fortner recalled that several months ago the Council approved
the opening of one-half of the alley behind Badcock Furniture Store. Florida
Power & Light Company is having difficulty moving the guidewires and now the
property owner is requesting the opening of the west end of the alley until
such time the problems with the guidewires can be resolved.
In order to open the ~alley to the west the sidewalk and curb would heed
to be removed. The guidewires cannot be moved until the old building is torn
down.
Councilman Burk moved to table this matter until after Budget Session,
seconded by Councilman Knight, vote carried.
79-89 ~) BIDS RIVERBEND MHP LIFT STATION
Director Fortner informed the Cguncil that Clerk Thomas had the bids for
the Riverbend Mobile Home Park Lift Station held over after opening at meeting
of August 14, 1979~ for study by engineer. Also~ a letter from the engineer
of the project, recommending the Council award the bid to LaGrow Irrigation,
low bidder.
After brief discussion, Councilman Raulerson moved to award the bid to
LaGrow Irrigation in the amount of Thirty-three Thousand Five Hundred Dollars ~
($33,500.00) item B-l, with Mr. Leggett paying Twenty-eight ThouSand Five
Hundred Dollars ($28,500.00) and the City paying Five Thousand Dollars ($5,000.00)
seconded by Councilman Burk, vote carried.
3) RIVERBEND MHP LIFT STATION
Regarding the Riverbend MHP Lift Station~ Mr. Leggett asked if the City
would consider allowing that Station to be built without the chain link f~nce
around it.
After discussion of the possibilities of landscaping, Councilman Knight
moved to delete the fence requirement and request landscaping subject to
Councilman Knights' approval, seconded by Councilman Burk, vote carried.
4.) EMPLOYMENT APPLICATIONS
Director Fortner presented applications for employment of Jack W. Phelps
as operator trainee for the twelve to eight (12-8) shift and Robert D. Simmons
as equipment operator.
After brief discussion, Councilman Knight moved to hire these applicants
on the recommendation of Director Fortner, seconded by Councilman Chapman~
vote carried. __~
5) ELECTRICITY FOR PARKS
Director For~ner brought the Council up to date on the mat'ter of electricity
for the parks.
The existing electricity proposed to be provided is complete. Due to the
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high cost, the City is unable to provide electricity to the east end of the
third park at this time, as requested by the Chamber of Commerce.
F. CITY CLERK
79-90 i) REZONING REQUEST HAYNES WILLIAMS REAL ESTATE
Clerk Thomas raised some questions re~ardin~ /he rezonin~ request of
Haynes Williams Real Estate and /he procedures of Zonin~ Ordinance #~02.
Attorney Conlon informed Clerk Thomas the Council needed to instruct her
to advertise for public hearin~ thirty days prior to meeting.
After lengthy discussion, Councilman Raulerson moved to instruct Clerk
Thomas to advertise for public hearin~ on the rezonin~ request of Haynes
Williams Rea~ Estate on Lots 1 to ~ inclusive~ Block 19~ Northwest Addition
from RSF to RGt, seconded by Councilman Knight, vote carried. Councilman
Burk opposed.
2) MADIC0 SOLAR WINDOWFILM
Clerk Thomas presented a bid from Mounter Pharmacy for Madico Solar
Window film to cover City Hall's windows. The window film is designed to
reduce ~lare and is an energy conservation move.
After brief discussion~ Councilman Burk, Knight and Raulerson a~reed to
postpone a decision on this matter until after September 11, 1979. Councilman
Chapman opposed postponement.
DEPARTMENT OF NATURAL RESOURCES
Clerk Thomas presented a letter from the Department of Natural Resources
regarding the purchase of 1.728 acre parcel of re&laimed 0keechobee Lake
bottom land by Mr. Terry King Robinson. The City has an option to acquire
this property before it is put up for bids.
The Council instructed ~he City Attorney to draft a letter for the City
Clerk to send informin~ /he Department of Natural Resources of the City's
intemest in acquirin~ the land.
79-71 COMMUNICATIONS FROM COUNC~LMEN
A. EDWARD W. DOUGLAS
1) CENTRAL FLORIDA REGIONAL PLANNING COUNCII,
President Douglas appointed Buildin~ Official Richard B. Spray as
representative for the Central Florida Regional Plannin~ Council.
2) OKEECHOBEE BEACHWATER ASSOCIATION
President Douglas informed the Council, as per their reques/~ a letter
has been sent to the 0keechobee Beachwater Association re~ardin~ the Seventy-
five Thousand Dollars ($75~OO0.00) owed and the installation of 0keechobee
Beachwater's pump into the clearwell.
To this date there has been no reply. However~ monies have been received
for the delinquent water bill.
FIRE HYDRANTS - COUNTY COMMISSIONERS
President Douglas informed the Council the two attorneys, one County
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Commissioner and himself met Monday, August 27th to discuss the matter of fire
hydrant demand charge and the break down in communications.
The matter will be brought before the County Commissioners at thei~
September 13, 1979, meeting to be resolved.
4) TRAFFIC PROBLEM AT DEAN'S COURT
A citizen confronted President Douglas regarding the traffic problem at
Dean's Court now that school is back in session.
President Douglas requested that Police Chief Mobley and Councilman
Chapman survey the area to determine the need for a crossing guard or a possible
speed limit si~n.
Council asked Councilman Knight to ~heck with the School Board for the
possibility of a centrally located bus stop.
B. JIM KINGHT
Councilman Knight requested the Council consider the two (2) hour parking
signs around Ben Franklin Store as suggested by Citizen Baird Patterson at a
previous meeting.
Director Fortner suggested, to simplify matters, the signs should read
"2 HOUR PARKING THIS BLOCK". Also, perhaps the Council could request the County
repaint the parking lines and oenter lines on the streets.
Councilman Knight moved to experiment with that particular block and erect
twe (2) hour parking signs, seconded by Councilman Chapman, vote carried.
C. LYTLE RAULERSON
79-43 1) L.P. SANITATION
Councilman Raulerson noted the Council needs to draw up a franchise
contract with L.P. Sanitation and Jay Huffman to prevent having to negociate
through Tare Waldron each time.
The Council decided to table this matter until after Budget Session.
2) MORMON CHURCH
Councilman Raulerson presented the plans for expansion of the Mormon
Church, for discussion.
The Council discussed the .fact the Morman Church, according to its legal
advisor, does not want the revoke clause in a ninety-nine (99) year lease with
the City. They request the right to pave and use the alley as an ingress and
e~rees.
Councilman Burk moved if ~here be any further discussion c0ncer~in~
alley, it be by the Morman Church representative in an open public meeting wi~
the Council, seconded by Counc~unan Chapman, vote carried. --~
ADJOURNMENT
There being no further business, the meeting Recessed ~ntil Thursday,
August 30, 1979.
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Edward W. Douglas
President City Council
City of 0keechobee
ATTEST:
Borm-le So Thomas
City Clerk
City of 0keechobee
RECESSED MEETING THURSDAY~ AUGUST D0, 1979
The City Council of the City of 0keechobee, Florida, convened in a
Recessed meeting in the Clerk's office at the City Hall, 0keechobee, Florida,
at 7:00 P.M., ThurSday, August 30, 1979.
PreSident Edward W. Douglas presiding.
Councilmen Donald Burk, Jim Knight, Lytle Raulerson and Oakland Chapman
were present.
Others present were L.C. Fortner, Director of Public Works; Keith Tomey,
Fire Chief; Larry Mobley, Police Chief; Richard B. Spray, Building Official;
Bonnie S. Thomas, City Clerk and Sylvia Christian, Deputy Clerk.
79-93 CITY LAND PURCHASE
Councilman Raulerson reported on the City land purchase. Municipalities
cannot buy properties bearing a mortgage.
The Michigan attorney is going to contact 0keechobee County Bank to set
pu a trust fund to pay Howard Wise in the next three (3) years. This will
remove the mortgage obstacle.
EMPLOYMENT APPLICATION
Chief Mobley presented an application for employment of Howard Pickering
to replace Lee Duncan as patrolman.
Councilman Chapman moved to hire Howard Pickering as patrolman on a six
(6) month probation period with starting salary of Ten Thousand Four Hundred
Dollars ($10,%OO.00), seconded by Councilman Knight, vote carried. Council-
man Burk opposed.
PROPOSED PAY DLAN
The proposed pay plan was discussed. It was determined that the over all
impact would be 3.62~. No action was taken to adopt the plan at this time.
PROBATIONS
Councilman Burk moved to adopt a policy that all probation be based on
performance with no salary increase at that time, seconded by Councilman
Raulerson, vote carried.
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ADJOURNMENT
There bming no further business, the meeting Recessed until September 6,
1979.
~dward W. D~uglas ~"
President City Council
City of Okeechobee
ATTEST:
onn~e o Thomas
City Clerk
City of Okeechobee
FIRST REGULAR MEETING TUESDAY, SEPTEMBER 11, 1979
The City Council of the City of Okeechobee, Florida, convened in a Regular
Meeting in the Council Chambers at City Hall, Okeechobee, Florida, at 7:00 P.M.,
Tuesday, September ll, 1979.
President Edward W. Douglas presiding.
Councilmen Oakland Chapman, Jim Knight, Donald Burk and Lytle Raulerson were
present.
Others present were: Bonnie S. Thomas, City Clerk; David Conlon, City Attorne'
L.C. Fortner, Jr., Director of Public WorkS; Richard B. Spray, Building Official;
Keith Tomey, Fire Chief; Phillip Purvis, Police Lieutenant; David Hunter, Humane
Officer and Sylvia Christian, Deputy Clerk.
The Invocation was offered by Councilman Knight.
79-1 APPROVAL OF MINUTES
Councilman Raulerson moved to approve the minutes of the August 9, 14 and 16,
1979, meetings, seconded by Councilman Burk, vote carried.
MR. McWHORTER - GOLDEN CORRAL STEAK HOUSE
Mr. McWhorter, Golden Corral Steak House representative, appeared before the
Council and submitted a plot plan showing approximately eight thousand (8,000)
square feet of green fill.
Mr. McWhorter requested Golden Corral Steak House and the City enter into a
standard contract concerning a sewage guarantee. Also, in the contract the City
provide for an exchange of easements, approval of the plot plan and reserve
approval of the exact shrubbery.
After discussion, the Council instructed Attorney Conlon to draft an agree-
ment with the clause guaranteeing three thousand five hundred (3,500) gallons of
sewage and the provisions noted above.
79-58 MUZAFFAR HUSAIN, M.D. - REZONING REQUEST
Dr. Muzaffar Husain appeared before the Council regarding his request to
AGENDA
SECOND REGULAR MEETING
AUGUST 28, 1979
7::00 P.M.
1. Invocation
2. Approval of Minutes for August 9, Bud et Session; August 14, Regular
Meeting; and August 16, Budget Sessi n. ,..tt ,,/
3. Martin Cox, Superintendent of Boys School - wishes to introduce
himself.
4. Planning Board recommendations:
A. The minimum area requirements of mobile home parks & mobile
home subdivisions for the expansion of existing conforming
mobile home parks & mobile home subdivisions shall be deter-
mined on a case by case basis.
1. Advertise for public hearing to amend Zoning Ordinance #402.
After 30 days,at public hearing,Council will decide what
change will be.
a. Minimum of 5 acres
b. Case by case
B. The granting of the rezoning request from RSA` to RG2 of Lots
1 to 4 inclusive, Block 19, Northwest Addition.
1. Advertise for public hearing to grant request
5. Humane Society - Is Council going to use their services - no spokes-
man, Mrs. Thompson will be in audience.
6. Tave Waldron - L.P. Sanitation
7. Hubert Harden:
1. Request for closing of 20' "T" Alley in the NW Section of Block
71 between NW 6th & 7th Avenue and 7th Street & 7th Avenue
opened when necessary (Minutes of March 13, 1979).
2. Letter of assurance of buildings to be constructed in area.
8. Open for Citizens not appearing on Agenda.
9. COMMUNICATION FROM DEPARTMENT HEADS
A. Attorney Conlon - Noise ordinance
B. Building Official
C. Police Chief
D. Fire Chief
E. Director of Public Works
F. City Clerk - 1. Window coverings for City Hall
2. Department of Natural Resources
10. COMMUNICATIONS FROM COUNCILMEN
A. Edward W. Douglas - 1. Appointment of Mr. Spray as City's
representative to Central Florida Regional
Planning Council.
2. Beachwater Association
B. Oakland Chapman
AGENDA (con't)
C. Jim Knight - 2 hour parking sign status
D. Donald Burk
E. Lytle Raulerson - Council needs to look at Morman Church plans
before decision on paving alley
11. ADJOURNMENT