1980-02-26 Regular Meeting SECOND REGULAR MEETING TUESDAY, FEBRUARY 26, 1980
The City Council of the City of Okeechobee., Florida, convened in a Regular
Session in the Council Chambers, City Hall, Okeechobee, Florida, at 7:00 P.M.,
Tuesday, February 26, 1980.
President Edward W. Douglas presiding with the following Councilmen
present: Lytle Raulerson, Jim Knight, Oakland Chapman and Donald Burk.
Others present were: Bonnie S. Thomas, City Clerk; L.C. Fortner, Jr.,
Director of Public Works; Donald Wells, Building Official and Sylvia Christian,
Deputy Clerk.
The Invocation was offered by Councilman Donald Burk.
80-1 APPROVAL OF MINUTES
With no additions, deletions or corrections needed, Councilman Burk moved
to approve the minutes of the February 7th and 12th, 1980, meetings, seconded
by Councilman Raulerson, motion carried.unanimously.
PUBLIC HEARING
80-6 SECOND AND FINAL HEARING - HAYNES E. WILLIAMS
President Douglas presented for second and final hearing the rezoning
request of Haynes E. Williams and read by title only the Amendment to Zoning
Ordinance #~02 as follows:
ORDINANCE AMENDING ORDINANCE NO. ~02, BEING THE COMPREHENSIVE
ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE
CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRA-
TION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES
CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL, GENERAL
(RG-2) TO COMMERCIAL AND PROVIDES FOR AN EFFECTIVE DATE.
With no response to the Chairman's call for comments from the audience,
Councilman Knight moved to rezone Lots 1 and 2, Block 217, First Addition to
City of Okeechobee from Residential, General (RG-2) to Commercial, seconded by
Councilman Chapman, vote unanimous
80-31 BILL PEOPLES - CRIMINAL JUSTICE PROGRAM DIRECTOR
Mr. Bill Peeples, Criminal Justice Program Director, appeared before the
City Council to request the establishment, by resolution, of a "Combined E'ntitle-
ment Jurisdiction" for LEAA funding. The deadline for this is March 1, 1980.
Council to study issue and consult Attorney then notify Mr. Feeples.
80-3 MARKHAM MOBILE HOME SUBDIVISION
The Markham Mobile Home Subdivision plot plan and Taylor Creek right-of-
way was presented requesting preliminary approval by its Attorney Tom Conely.
(Director of Public Works' recommendations are l~sted).
Attorney Conely requested an agreement on tap fees for anyone seeking to
tap into the main, sharing expenses so Markham might regain some of his invest-
ment.
Discussion followed. Councilman Raulerson moved to grant preliminary
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approval of the plans subject to the changes recommended by Director Fortner
and Building Official Wells, seconded by Councilman Knight, vote unanimous.
80-4 FORT SALERNO REALTY
Mr. Lyle Thornton of Arch W. Robert Co., St. Petersburg appeared before
the Council representing Port Salerno Realty. Mr. Thornton recalled his last
appearance when he requested water and sewer for Block 71, Northwest 6th
Street and Northwest 6th Avenue.
Presented to the Council for their approval was the plot plan as re-
quested by the Council at a previous meeting.
Council instructed Attorney Conlon and Director Fortner to study the
plans and notify Fort Salerno Realty of their findings.
80-10 OKEEAIRCO - RATE INCREASE
Attorney Burton Conners appeared before the Council requesting a public
hearing on a rate increase for OkeeAirCo.
Council requested OkeeAirCo make their proposed changes in the present
ordinance, present it to City Attorney Conlon who in turn will study it and
present it to the Council at a Workshop.
80-7 DON SHEPPARD - CITY ENGINEER - CLEARWELL
Don Sheppard, City Engineer, was present to discuss with the Council the
problems with the new clearwell. Problems being leaks in the clearwell and
the structural stability of same.
Mr. Sheppard stated "the fact that the tank had cracks goes without
question, however, they were repaired with materials approved by the engineer."
Mr. Sheppard feels the tank is sound but the only way to determine this is to
put the tank into service, subject it to filling and drawing which imposes
stresses on the tank and allow the temperature to change to affect it.
Mr. Sheppard stated with all sincerity, if the clearwelt survives the
one (1) year warranty period with no problems occuring, it will survive the
next one hundred (100) years without any problems.
The City and Engineer Sheppard are still awaiting approval from the
Department of Environmental Regulations (DER) of the materials used to repair
the leaks.
Council discussed with Engineer Sheppard the possible avenues for repair
of the clearwell that were and can be taken and the materials used.
After lengthy discussion President Douglas stated the tank will be filled
as soon as approval is received from DER.
Engineer Sheppard recommended the City make final payment to LaGrow
Irrigation the day the clearwell is put back in service.
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J.A. TOOTLE
Mr. J.A. Tootle after requesting to be placed on the Agenda, did not
appear before the Council.
80-32 RAY COLLINS - CAR WASH
Mr. Ray Collins, owner of the car wash located on South Parrott Avenue,
appeared before the Council to request sewer and water hook-up for a new car
wash to be built on Highway 70 East.
Attorney Conlon debated whether this would be classified as a new hook-
up requiring permission by resolution or whether permission is not needed
because location was a former beauty shop with sewer hook-up already in
existence.
Council discussed the present sewer allocations and plant capacity.
Councilman Knight moved to grant permisison to proceed with the construc-
tion of the new car wash, seconded by Councilman Chapman, vote carried with
Councilman Raulerson abstaining.
COMMUNICATIONS FROM DEPARTMENT HEADS
A. BUILDING OFFICIAL
Building Official Wells delivered the required papers on the Markham
Subdivision to the Council.
Documents were given to City Attorney Conlon to study.
B. CITY ATTORNEY
1) J.A. TOOTLE - REQUESTING INFORMATION
Attorney Conlon expressed in his opinion the freedom of information has
gone far enough. From now on Mr. J.A. Tootle should request information in
writing. The City Clerk was within her rights to refuse to deal with him
personally.
80-33 2) CONTRACT FROM POLICE DEPARTMENT
Attorney Conlon presented a contract from the Police Department for
Council approval.
Upon studying the contract, Attorney Conlon noted there is a problem with
Clause 11. He recommended the City not sign a contract that has the City
liable for misinformation.
Councilman Burk moved the City not adopt the users agreement, seconded by
Councilman Knight. Councilmen Burk, Knight and Raulerson voted yes, Councilman
Chapman opposed.
After brief discussion of the need for the tele-type machine, Councilman
Burk moved the City adopt the users agreement, deleting Clause 11, subject to
other parties signatures, seconded by Councilman Chapman, vote unanimous.
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80-4 3) PORT SALERNO REALTY
According to the Zoning Regulations two parking spaces per unit are
required. In view of this Port Salerno~Realty will resubmit plans for their
rental units.
C. DIRECTOR OF PUBLIC WORKS
1) PAY PLAN SCHEDULE
Director Fortner recalled a memorandum formerly submitted to the Council
on a pay plan schedule for the Water, Sewer and Street Departments.
Director Fortner requested permission to implement this schedule,
recommended by Robert Keesee.
Councilman Burk moved to put in force the pay plan schedule beginning
April 1, 1980, seconded by Councilman Knight, vote unanimous.
2) DISCRIMINATION SUIT
Steve Figley, L.C. Fortner, Jr., Bonnie S. Thomas and Sylvia Christian
attended court in Ocala to observe the discrimination suit against Apopka,
Monday, February 25, 1980.
Council granted permission to attend next Monday and possibly Tuesday,
March 3rd and 4th, 1980.
COMMUNICATIONS FROM COUNCILMEN
A. EDWARD W. DOUGLAS
80-30 1) REGUEST FOR LEAVE OF ABSENCE ---
President Douglas presented a letter from Richard B. Spray, Building
Inspector, requesting a leave of absence due to his illness and recent
hospital stay.
Councilman Raulerson moved to grant Mr. Spray leave of absence without
pay effective February 22, 1980, seconded by Councilman Burk vote unanimous.
80-17 2) ORDINANCES AMENDING ZONING ORDINANCE #402
Attorney Conlon made mention of the discussion, at a previous meeting,
regarding a proposal to the Planning Board concerning ordinances amending
Zoning Ordinance #402.
Councilman Raulerson moved to instruct the City Attorney to submit a
proposal to the Planning Board for changing the amendments of Zoning
Ordinance #402, seconded by Councilman Burk, motion passed.
80-22 3) REGUEST TO VACATE EASEMENT
Council discussed the request of Jim Smith to vacate the easement on
Lots 203 and 204, Okeechobee Estates.
Councilman Knight requested Director Fortner contact Mr. Smith in regard
to the possible movement of the easement to his lot line as opposed to the --~
vacating of said easement.
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Councilman Burk moved to deny the petition to vacate the easement,
seconded by Councilman Chapman, vote carried.
80-34 4) OCCUPATIONAL LICENSES - STATE CERTIFIED CONTRACTORS
Councilman Raulerson enlightened the Council to the fact that State
Certified Building contractors holding licenses in other cities, with no office
within the City of Okeechobee, do not have to purchase an occupational license.
However, if no other municipal license is held the contractor must purchase a
City license.
Attorney Conlon was instructed to write the Attorney General to see if this
opinion is still valid. Council advised the City Clerk to follow the 1976
opinion until Attorney Conlon receives a reply
5) WORKSHOP SCHEDULE
Council discussed necessary Workshops to set dates.
A Workshop was set for March 20, 1980, to discuss the Retirement Actuary
and OkeeAirCo rate increase. No other dates set at this time.
B. OAKLAND CHAPMAN
Mr. Wells reported on the razing and cleaning up of the old Masonic build-
ing, noting it is to be completed soon.
C. JIM KNIGHT
Councilman Knight asked Building Official Wells to check into the cleaning
of a lot owned by Jim Kirk on Southwest 6th Avenue.
D. DONALD BURK
1) LOT CLEANING
Councilman Burk commented in reference to lot cleaning. He suggested that
no spot cleaning be done until such time as the City had a program to system-
atically clean up an entire region, so as to not discriminate against any one
individual.
Attorney Conlon suggested setting a Workshop date for cleaning of lots
to implement such a system.
2) HUBERT HARDEN - SHACK HOUSES
Councilman Burk made mention of the shack houses owned by Hubert Harden
near Dean's Court. He recalled the Council agreed to ask Mr. Harden if he
would consider demolishing these shacks.
Councilman Chapman to talk to Mr. Harden.
HUMANE OFFICER
Councilman Burk asked the Council again whether or not the Humane Officer
was picking up all loose animals or just those on complaints.
President Douglas stated he had spoken with the Humane Officer and
instructed him to patrol and pick up all animals in violation of the Dog and
Cat Ordinance.
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ADJOURNMENT
There being no further business, the Meeting adjourned at 9:52 P.M.
Edward W. DougIas
Chairman City Council
City of Okeechobee
ATTEST:
Bonnie S. Thomas
City Clerk
City of OkeechObee
FIRST REGULAR MEETING TUESDAY, MARCH ll~ 1980
The City Council of the City of Okeechobee, Florida, convened in a Regular
Session in the Council Chambers, City Hall, Okeechobee, Florida, at 7:00 P.M.,
Tuesday, March 11, 1980.
President Edward W. Douglas presiding with the following Councilmen present:
Lytle Raulerson, Oakland Chapman, Donald Burk and Jim Knight.
Others present were: Bonnie S. Thomas, City Clerk; David Conlon, City
Attorney; Richard B. Spray, Building Official; Keith Tomey, Fire Chief; L.C.
Fortner, Jr., Dicector of Public Works and Sylvia Christian, Deputy Clerk.
The Invocation was offered by President Edward W. Douglas.
80-1 ~.APPROVAL OF MINUTES
Councilman Burk moved to accept the Minutes of the February 14th, 19th,
~ and 26th, 1980~ meetings as presented, seconded by Councilman Knight, motiOnpassed.
80-35 ,PLANNING BOARD - JOHN CASSELS~ JR.
John Cassels, Chairman of the Flanning Board, appeared before the Council
as spokesman for the Planning Board. Members Frank Altobello, Christina
Hooker and Robert Joiner were present also.
Mr. Cassels stated, "Rs the first year of the Planning Board's operation
draws to a close there are several items which the Planning Board would like
to bring to the attention of the Council, and to get some input from the
Councilmen as to whether there are misconceptions on the part of the Planning
Board as to their powers, duties and obligations. Perhaps to set up a Work-
shop to make sure there is an effective meshing of the Planning Commission
and the City Council, for the betterment of the citizens of Okeechobee at
large."
Mr. Cassels listed certain items he felt were very important and bore
brief discussion; 1) preparing a landscape ordinance, 2) legal representation,