1979-10-09 Regular Meeting 2531.
President City Council
City of Okeechobee
ATTEST:
~onnie S. Thomas City Clerk
City of Okeechobee
FIRST REGULAR MEETING TUESDAY~ OCTOBER 9~ 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, October 9, 1979.
President Edward W. Douglas presiding.
Councilman Oakland Chapman, Donald Burk and Jim Knight were present. Council-
man Lytle Raulerson was absent.
Others present were: David Conlon, City Attorney; Richard B. Spray, Building
Official; L.C. Fortner, Jr., Director of Public Works; Keith Tomey, Fire Chief;
Larry Mobley, Police Chief; Janice M. Mann, Secretary and Sylvia Christian,
Deputy Clerk.
THe Invocation was offered by President Douglas.
MRS. LEO DAUGHTERY
Mrs. Leo Daughtery appeared before the Council to ask for a special con-
cession for Carlisle Thomss, former Chief of Police for twenty-six years.
Attorney Conlon advised Mrs. Daughtery it would be illegal to use City funds
for a retirement fund as such. During the period when Mr. Thomas was employed,
the City did not have a retirement fund.
79-58 MUZAFAR HUSAIN~ M.D. - ROAD FOR NEW OFFICE
Dr. Husa~.n and Thomas Walker appeared before the council requesting Northeast
Thirteenth Street be opened from P@rrott Avenue east toward Taylor Creek to
provide access to the new doctor's office.
Director Fortner informed the Council the road elevation level is needed so
construction can begin.
After discussion Councilman Knight moved to accept responsibility to open
three hundred (300) feet of Northeast Thirteenth Street east of Parrott Avenue~
seconded by Councilman Burk, vote carried.
79-21 PUBLIC HEARING
AMENDMENT TO ORDINANCE NO 402 - SECOND AND FINAL HEARING
President Douglas read for second and final hearing the Amendment to Ordin-
ance No. 402 as follows:
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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 subdivisions set out herein;
79-21 provided, all minimum health and sanitation requirements
shall be met. This provision shall not be deemed, however,
to permit the extablishment of new facilities or the ex-
pansion of existing facilities under this section except
in conformity with all requirements herein set out, except
that 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 determined on a case by case basis. An expansion
is a contiguous enlargement of an existing use.
President Douglas called for comments or objections from citizens.
Attorney Bill Hendry inquired as to whether all procedural requirements and
steps were complied with. Attorney Hendry noted he represents Melba Louthan
and Mary Alberta Swobee adjacent land owners objecting to the mobile home sub-
division, maintaining it would tend to depreciate their property.
Councilman Chapman moved to amend Zoning Ordinance No. 402 that the
minimum requirements of mobile home parks and subdivisions for expansion be
determined on a case by case basis. Motion died for lack of second.
Councilman Burk moved to amend Zoning Ordinance No. 402 that the minimum
requirement of mobile home parks and subdivisions for expansion be seven (7)
acres including right-of-ways. Motion died for lack of second.
Councilman Knight moved to amend Zoning Ordinance No. 402 to state that
the minimum requirements of mobile home parks and subdivisions for expansion be
at least five (5) contiguous acres, excluding right-of-way for roads, utilities,
and drainage, seconded by Councilman Burk, vote carried.
?9-90 REZONING REQUEST - HAYNES WILLIAMS REAL ESTATE
SECOND AND FINAL HEARING
President Douglas read for second and final hearing the rezoning request
of Haynes Williams Real Estate to rezone from Residential, Single Family (RSF)
to Residential, General (RG-2), Lots 1 to 4 inclusive, Block 19, Northwest
Addition.
Citizen Fricilla McCuiston, owner of Lots 17 and 18, Block 22, Northwest
Addition, voiced her objection to the rezoning request.
Citizens Ray Claveria and Cecil Handy owners of Lot 14, West ½ of Lot 15,
Block 17 and East ½ of Lot 15, Lot 16, Block 17, Northwest Addition, respectivel
voiced their objections to the zoning change. Both felt the change would lower
the value of their properties.
President Douglas noted that there were a number of citizens that objected
to the rezoning change at the Flanning Board meeting.
Councilman Burk moved to deny the request to rezone Lots 1 to 4 inclusive,
Block 19, Northwest Addition, seconded by Councilman Knight, vote carried.
MORMON CHURCH - BRUCE KOEBE
Attorney Bruce Koebe, representing the Morman Church, appeared before the
Council attempting to acquire a ninety-nine (99) year lease arrangement between
the City and the Morman Church.
Attorney Koebe summarized the plans of the Morman Church pointing out the
three phases of construction.
In December, 1978, the City Council drew up a lease that was never signed
by the Morman Church. Attorney Koebe hopes to have a similar agreement drawn up,
signed by all concerned and recorded.
The Council instructed Deputy Clerk Christian to research the minutes per-
taining to the original lease. The original lease is to be held by the City Clerk
until legal status is established.
79-91 PLANNING BOARD RECOMMENDATIONS
A. REZONING REQUEST - JAMES D. LASHLEY
Councilman Chapman moved to instruct the City Clerk to advertise for public
hearing the request of James D. Lashley to rezone Blocks 5 and 6, Northwest Okee-
chobee from Holding to Residential, Single Family, seconded by Councilman Knight,
vote carried.
B. REZONING REQUEST - ROOSEVELT BUTLER
Councilman Knight moved to instruct the City Clerk to advertise for public
hearing the request of Roosevelt Butler to rezone Lots 4 and 5, Block 26, Okee-
chobee from Residential, General to Commercial, seconded by Councilman Chapman,
vote carried.
GOLDEN CORRAL STEAK HOUSE - JIM McWHORTER
Mr. Jim McWhorter appeared before the Council representing the Golden Corral
Steak House, hoping to finalize the agreement with the City regarding the proposed
site and plans for construction.
Attorney Conlon summarized the Sewer Agreement and the proposed abandonment
of alleyway by Resolution with the City.
Councilman Burk moved to authorize Mayor Douglas to sign the Sewer Agreement
with Golden Corral, seconded by Councilman Chapman, vote carried.
79-96 PROPOSED RESOLUTION - GOLDEN CORRAL STEAK HOUSE
Attorney Conlon read the proposed Resolution regarding a fifteen (15) foot
wide alley, as follows:
BE IT RESOLVED BY the Council of the City of Okeechobee, Florida, that;
WHEREAS, the City has a fifteen (15) foot wide alley that dead ends into
Block 1, South Okeechobee according to the plat thereof recorded in Plat Book 1,
page 12, Public Records of Okeechobee and,
WHEREAS the owner of said Block 1, is willing to give the City a fifteen
(15) foot wide utility easement completely across said Block 1 in exchange for
the City abandoning its existing dead end alley and,
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WHEREAS, the Public Works Department of the City of Okeechobee has
no objections to this resolution,
NOW THEREFORE, be it resolved that upon the recording of the follow-
ing utility easement, in a form approved by the City to-wit: --~
An easement for Public Utilities, being 15 feet in width,
lying in Block 1, South Okeechobee, recorded in Plat Book
1, page 12, and Block 238, First Additions to Okeech6bee,
Florida, Plat Book 1, page ll, according to the Plat
thereof recorded in the Public Records, Okeechobee County,
Florida. Being more particularly described as follows:
Beginning at the Southwest corner of Lot 2, of said
Block 1; bear north along the west ling of said Lot 2
a distance of 15 feet; Thence bear North 89°38'10'' West,
parallel to the South line of Lot 6, of said Block 1, a
distance of 62.59 feet; Thence ~bear North to the North
boundary of said Block 238 and the Southerly right-of-way
line of Southwest 7th Street, a distance of 179.55 feet,
Thence bear South 89059'55'' West, along the said North
boundary of said Block 238 and the Southerly right-of-way
line of said Southwest 7th Street, a distance of 15 feet;
Thence bear South to the South line of said Lot 6, a
distance of 194.45 feet; Thence bear South 89°38'10'' East,
along the South line of said Lot 6, a distance of 77.59
feet to the point-of-beginning.
That the City will abandon, and release any rights it heretofore had in
the alley described as follows, to-wit:
A portion of a 15 foot alley in Block 1, South Okeechobee
according to the plat thereof recorded in Plat Book l,
page 12, Public Records of Okeechobee County, Florida.
Being more particularly described as follows:
Beginning at the Southwest corner of Lot 2, of said Block l,
bear North along the West line of said Lot 2, to the south-
erly right-of-way line of an abandoned and vacated County
Road, a distance of 98.55 feet; Thence bear South 55°54'12''
West, along the southerly right-of-way line of aforesaid
County Road, a distance of 18.11 feet to the Northeast corner
of Lot 6 of said Block t; Thence South along the East line
of said Lot 6, a distanc~ of 88.30 feet; Thence bear South
89°38'10" East, a distance of 15 feet to the point-of-
beginning.
BE IT FURTHER RESOLVED that this RESOLUTION shall take effect and shall
abandon said alley upon the recording in the Official Records of Okeechobee
County of said Utility Easement.
DONE this 9th day of October, 1979.
Councilman Burk moved to adopt Resolution as read, seconded by Councilman
Knight, vote carried.
79-74 COMMUNICATIONS FROM DEPARTMENT HEADS
A. CITY ATTORNEY
1) POLICE SUMMONS
Attorney Conlon informed the Council that Anthony Young, Larry Mobley and
himself met regarding the Police Summons-Tickets. It is suggested a Workshop be
set up to revise ordinances pertaining to police work and fines.
2) LAND PURCHASE
Attorney Conlon informed the Council they need to authorize the City Clerk
to make out a check payable to David Conlon, Trust Account in the amount of
Three Hundred Eighty-Five Thousand Dollars ($385,000.00) so the land purchase
can be finalized.
Attorney Conlon noted the property has no road access on record.
No action taken by the Council.
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3) MARVIN WHERRELL BUILDING
Attorney Conlon informed the Council a tentative agreement has been arrived
at between Marvin Wherrell and the City regarding the demolition of his building.
Mr. Wherrell requested thirty to forty days to remove electrical meter box,
air-condition ¢:ompressors and the gas pumps. In return Mr. Wherrell will give
the city a check in the amount of Five Hundred Dollars ($500.00) to use to
demolish the building.
Councilman Burk moved to authorize Attorney Conlon to draft an agreement
between City and Mr. Wherrell to demolish building, seconded by Councilman
Chapman, vote carried.
79-6~ B. BUILDING OFFICIAL
l) ACTIVITY REPORT
Building Official Spray presented the Building Department Quarterly Report.
C. POLICE CHIEF
1) SUMMONS
Chief Mobley informed the Council it will cost Five Hundred Fifty-Two Dollars
($552.00) to have the summons printed, one hundred books containing twenty-five
summons each.
Councilman Chapman moved to order the citation forms printed at Five
Hundred Fifty-Two Dollars ($552.00), seconded by Councilman Burk, vote carried.
2) ACTIVITY REPORT
Chief Mobley presented the Police Department Activity Report for the month
of September.
$) NEW PATROL CARS
Chief Mobley requested authorization to advertise for purchase of two new
patrol cars, 1980 standard police package.
Councilman Chapman moved to authorize advertisment for two new 1980 patrol
cars including trade-in of two 1977 models, seconded by Councilman Knight, vote
carried.
D. FIRE CHIEF
l) VOLUNTEER PAY
Chief Tomey requested volunteer pay for full-time employees when attending
training sessions and responding to fires while off dute.
Councilman Knight moved to pay the full-time employees volunteer pay when
off duty and respond to fires and attend training sessions, seconded by Councilman
Chapman, vote carried.
2) GASOLINE SPILLS
Chief Tomey informed the Council of the rash of gasoline spi]ls that oc-
curred recently, and requested an Ordinance be drawn up for control.
Council instructed Chief Tomey to gather information needed, Florida Statute
and ordinances of other Cities and present them to Attorney Conlon to draft a
proposal.
3) FIRE DEPARTMENT TELEPHONE
Chief Tomey informed the Council the Fire Department is still being billed
for the 763-3333 telephone line. He requested the number be switched to an
operator intercept.
Council instructed Chief Tomey to go ahead with the operator intercept if
cost is minimal.
4) ACTIVITY REPORT
Chief Tomey presented the Fire Department Activity Report for the month
of September.
E. DIRECTOR OF PUBLIC WORKS
1) OKEECHOBEE BEACHWATER ASSOCIATION
Director Fortner presented a letter from Okeechobee Beachwater Association
requesting action regarding the proposal and check in the amount of Seventy-Five
Thousand Dollars ($75,000.00).
Councilman Burk moved to return the unsigned proposal to Okeechobee Beach-
water Association and deposit the Seventy-Five Thousand Dollar ($75,000.00) check
as instructed in their letter dated September 28, 1979, seconded by Councilman
Chapman, vote carried.
2) NEW EQUIPMENT - MEMORANDUMS #1~ #2 AND
Director Fortner presented the proposed advertisment for the Okeechobee News
advertising for four pieces of new equipment.
Since items on Memorandums 1, 2 and 3 are approved budgeted items, Council-
man Burk moved to bid these items out, seconded by Councilman Knight, vote carried.
3) MEMORANDUM #4
Director Fortner requested permission to hire an engineer to draw plans and
specs for the addition to the Barn. (Addition being a budgeted item)
The second item is for a storage warehouse facility for the Water Department
equipment, supplies, etc.
Councilman Burk moved the City contact different engineers to prepare the
plans and specifications for the two structures, to bid both CBS and metal,
seconded by Councilman Knight.
4) ACTIVITY REPORT
Director Fortner presented the Activity Reports for the Water, Sewer and
Street Departments for the month of September.
5) EQUIPMENT BIDS --~
Director Fortner requested permission to publish Notice of Invitation to
Bid on tractor, back-hoe, dump truck equipment.
Councilman Chapman moved to advertise the Notice of Invitation to Bid,
seconded by Councilman Knight, vote carried.
6) APPLICATION FOR EMPLOYMENT
Director Fortner presented an application for employment of Charles Lee
Burgess as heavy equipment operator.
Councilman Knight moved to accept the application for employment of Charles
Lee Burgess for the Street Department, seconded by Councilman Burk, vote carried.
7) CLEARWELL
LaGrow requested Director Fortner ask the Council to reconsider the last
payment request of Twelve Thousand Seven Hundred Fourteen and 31/lO0ths
($12,714.31).
The Council reaffirmed their previous decision to hold payment until repairs
are made.
COMMUNICATIONS FROM COUNCILMEN
A. EDWARD W. DOUGLAS
1) PUBLIC HEARING
President Douglas reminded the Council of the Public Hearing on taxes
Wednesday, October 10, 1979, at 7:00 P.M.
B. OAKLAND CHAPMAN
1) DECIBEL METER
Citizen Alvin Thompson has a decibel machine and is willing to demonstrate
it to set up guidelines for the Noise Ordinance.
DISBURSEMENTS
Water & Sewer Operation & Maint. $52,348.48
Water & Sewer Revenue Fund $54,044.98
Water & Sewer System Revenue Fund $1,983.32
Anti-Recession Fund $2,028.67
Cigarette Tax Fund $381,371.75
Genera]. Fund $73,625.32
ADJOURNMENT
There being no further business, the meeting Recessed at ll:15 P.M., until
October 10, 1979.
~Ea~ard-W. Dbugla~-/
President City CounCil
City of Okeechobee
ATTEST:
?
~ffnie $. Thomas
City Clerk
City of Okeechobee