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1981-03-10 Regular Meeting2792 81 -32 81 -8 81 -21 CITY CLERK 1) NEW EMPLOYEE City Clerk Bonnie S. Thomas informed the Council of the hiring of a new employee in her office. Mrs. Theresa C. Edwards is now assuming the position of Secretary I in the Clerks office. This action was taken as a result of a vacancy created by resignation last December. COMMUNICATIONS FROM COUNCILMEN A. DOWLING WATFORD, JR. 1) REPORT REMODELING OF CITY HALL Councilman Watford asked Administrative Assistant to prepare a report of the remodeling of the City Hall, for the Councils information, now taking place under the new C.E.T.A. program. MAYOR EDWARD W. DOUGLAS Chairman Douglas asked the Council to consider amending the Zoning Ordinance fees for varience and reducing it to $50.00 for Senior Citizens. This will be discussed in more detail at the meeting of Tuesday, March 10, 1981. ADJOURNMENT There being no further business, Chairman Douglas adjourned the meeting at 9:30 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Edward W. Douglas / Chairman /Mayor City of Okeechobee FIRST REGULAR MEETING TUESDAY, MARCH 10, 1981 The City Council of the City of Okeechobee, Florida, met in regular session at City Hall in the Council Chambers on Tuesday, March 10, 1981, at 7:00 P.M.Chairman /Mayor Edward W. Douglas presided with the following Councilmembers present: Oakland Chapman, Donald Burk, and Dowling Watford. Councilman Jim Knight was absent. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, Assistant City Attorney Dean Tooker, Police Chief Larry Mobley, Fire Chief Keith Tomey, Director of Public Works L.0 Fortner, Jr. and Deputy Clerk Lola Parker. The invocation was given by Councilman Dowling Watford, Jr. ORDINANCE - FIRST READING - FIRE PREVENTION CODE BOARD Chairman Douglas read in its entirety a proposed Ordinance Amending the Zoning Ordinance to allow the Board of Adjustments and Appeals to hear appeals concerning Administration of the Standard Fire Prevention Code and setting of a public hearing date as follows: � r � 2793 33 81 -5 AN ORDINANCE AMENDING ORDINANCE #402, BETTER KNOWN AS THE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE: AMENDING SECTION 13 SUB PARAGRAPH 1 TO PROVIDE THE BOARD OF ADJUSTMENT MAY HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED THERE IS AN ERROR IN ANY ORDER, DECISION, OR DETERMINATION OF THE FIRE CHIEF AS IT RELATES TO ENFORCEMENT OF THE STANDARD FIRE PREVENTION CODE, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That Section 13 of Ordinance #402 of the Code of Ordinances, City of Okeechobee, Florida is hereby amended to read as follows: SECTION 13 BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustment shall have the following powers and duties: 1. Administrative review. To hear and decide appeals where it is alleged there is error in any order, decision, or determination of the Zoning Administrator in the enforcement of the Zoning Ordinance, and to hear and decide appeals where it is alleged there is error in any order, decision, or determination of the enforcement of the Standard -Fire Prevention Code of theCity of Okeechobee. SECTION 2 That this ordinance shall take effect as provided by law. Introduced and adopted on first reading this j GTt day of f Y / %' G tt , 1981 After reading the Ordinance Chairman Douglas asked for comments from those present concerning the contents of the Ordinance. With no discussion offered, Councilman Watford moved to set the Ordinance for public hearing March 24, 1981, motion seconded by Councilman Burk. Discussion of the motion prompted a request from Councilman Watford for the City's legal counsel to clarify the duties of the Fire Prevention Code Board, at the March 24th meeting. Vote called for by Chairman Douglas, motion passed. PUBLIC HEARING SECOND AND FINAL HEARING ORDINANCE - CLOSING 30 FEET OF RIGHT -OF -WAY Chairman Douglas read for Public Hearing and Final Reading an Ordinance closing and vacating thirty (30) feet of dedicated right -of -way on Southwest 5th Avenue between South- west 15th Street and Southwest 18th Street as follows: AN ORDINANCE TO VACATE, CLOSE AND OTHERWISE ABANDON THIRTY (30) FEET OF DEDICATED RIGHT OF WAY ON SOUTH- WEST 15TH STREET AND SOUTHWEST 18TH STREET AND REDEFIN- ING THE REMAINING RIGHT OF WAY TO CONSIST OF THIRTY FIVE(35) FEET ON EACH SIDE OF THE SURVEYED CENTER LINE OF SAID SOUTHWEST 5TH AVENUE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That thirty (30) feet of right of way on Southwest 5th Avenue between Southwest 15th Street and Southwest 18th Street be and it hereby is abandon9d, vacated, and closed and the existing right of way redefined as a roadway with thirty five (35') of right of way on each side of the existing surveyed center line of Southwest 5th Avenue between Southwest 15th Street and Southwest 18th Street. Section II: This ordinance shall take effect as provided by law. Introduced and passed on first reading this 10th day of February , 1981. Chairman Douglas asked for discussion from those present concerning the Ordinance. 2794 81 -8 81 -29 Councilman Watford asked if the City clarified the status of the house being on the right -of -way. Administrative Assistant Fellows informed the Council the owner had been notified and is deciding what to do. Councilman Chapman made a motion to adopt the ordinance as read, seconded by Councilman Burk. Vote carried. PUBLIC HEARING SECOND AND FINAL HEARING ORDINANCE - REDUCING FRONT FOOTAGE Chairman Douglas read for Public Hearing and Final Reading, an Ordinance amending the Zoning Ordinance by reducing the front footage requirements in residential, general districts from one hundred (100) feet to ninety five (95) feet as follows: AN ORDINANCE TO AMEND ORDINANCE #402, THE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE TO AMEND THE DISTRICT REGULATIONS SO AS TO DECREASE THE FRONT FOOTAGE REQUIREMENT IN THE RESIDENTIAL, GENERAL (RG -2) DISTRICTS FROM ONE HUNDRED (100) FEET TO NINETY FIVE (95) FEET; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: That the District Regulations of Ordinance #402, the Zoning Code of the City of Okeechobee, Florida be and hereby are amended to decrease the required front footage in residential, general (RG -2) districts from one hundred (100) feet to ninety five (95) feet. Section II: This ordinance shall take effect as provided by law. Introduced and passed on first reading this 10th day of February , 1981. Chairman Douglas asked for comments, there were none. Therefore, motion was made by Councilman Burk to adopt the ordinance on final reading, seconded by Councilman Chapman, motion passed. ORDINANCE - FIRST READING MUNICIPAL CODE ENFORCEMENT BOARD Chairman Douglas read in its entirety a proposed ordinance creating a Municipal Code Enforcement Board as authorized by Chapter 166.051, Florida Statutes and setting of a public hearing as follows: AN ORDINANCE OF THE COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A CODE ENFORCEMENT BOARD; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS: PROVIDING FOR ORGANIZATION; PROVIDING FOR HEARING; PROVIDING FOR POWERS; PROVIDING FOR FINES; PROVIDING FOR APPEALS; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 166.051 of the Florida Statutes known as the Municipal Code Enforcement Boards Act, each municipality in the state may, at its option, create by ordinance a Code Enforcement Board; and WHEREAS, the Council of the City of Okeechobee, to promote, to protect and improve the health, safety and welfare of the citizens of Okeechobee, Florida, hereby creates a Code Enforcement Board to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes of the City of Okeechobee, Florida. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section I: DECLARATION OF LEGISLATIVE INTENT It is the intent of this ordinance to promote, protect and improve the health, safety and welfare of the citizens of Okeechobee by providing an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes of the City of Okeechobee. Section II: APPLICABILITY 2 795 33 The Code Enforcement Board of Okeechobee shall enforce and have jurisdication of the following chapters of the Okeechobee City Code: Chapter 3 - Alcoholic Beverages Chapter 4 - Animals and Fowl Chapter 6 - Buildings andBuilding Regulations Chapter 9 - Fire Prevention Chapter 10- Garbage, Trash and Refuse Chapter 11- Health and Sanitation Chapter 12- Licenses Chapter 14- Offenses Chapter 19- House Trailers Chapter 20- Zoning including subdivision regulations and signs Section III: DEFINITIONS 1) Legislative body means the City Council of the City of Okeechobee 2) Code Inspector means those authorized agents or employees of the City of Okeechobee whose duty it is to insure code compliance 3) Attorney means City Attorney for the City of Okeechobee 4) Enforcement means the Code Enforcement Board Section IV: ENFORCEMENT BOARD - ORGANIZATION 1) The City Council of the City of Okeechobee may appoint a six member Code Enforcement Board and legal counsel for the Enforcement Board. Members of the Enforcement Board shall be residents of the municipality. Appointments shall be made in accordance with the City Charter on the basis of experience or interest in the fields of zoning and building control. The membership of the Enforcement Board shall, whenever possible, consist of an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor. 2) The initial appointments to the a) Two members appointed for a b) Two members appointed for a c) Two members appointed for a Enforcement Board shall be as follows: term of one year term of two years term of three years. Thereafter all appointments shall be made for a term of three years. Any member may be re- appointed from term to term upon approval of the City Council. Appointments to fill any vacancy on the Enforcement Board shall be for the remainder of the unexpired term of office. Any member who fails to attend two of three successive meetings with- out cause and without prior approval of the Chairman shall automatically forfeit his appointment, and the City Council shall promptly fill such vacancy. The members shall serve in accordance with the City Charter and may be removed as provided in the Code of Ordinances for removal of members of City Boards. 3) The members of the Enforcement Board shall elect a chairman. The presence of four or more members shall constitute a quorum for the Enforcement Board. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the City Council. 4) The City Attorney shall either be counsel to the Code Enforcement Board or shall represent the city by presenting cases before the board; but in no case shall the City Attorney serve in both capacities. Section V: ENFORCEMENT PROCEDURE 1) It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes; however, no member of the board shall have the power to initiate such enforcement proceedings. 2) Except as provided in Sub - Section 3 of their section, if a violation of the code is found the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Enforcement Board and request a hearing pursuant to the procedure in Section VI. Written notice shall be mailed to said violator as provided herein. 3) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare, the Code Inspector may proceed directly to the procedure in Section VI without notifying said violator. Section VI: CONDUCT OF HEARING 1) The Chairman of the Enforcement Board may call hearings of the Code Enforcement Board; hearings may also be called by written notice signed by at least four members of the Enforcement Board. At any hearing the Enforcement Board may set a future hearing date. The Enforcement Board should attempt to convene no less frequently than once every two months, but may meet more or less often as the demands necessitate. Minutes shall be kept of all hearings by the Enforcement Board, and all hearings shall be open to the public. The City Council shall provide clerical and Administrative personnel as may be reasonably required by the Enforcement Board for the proper performance of its duties. 2796 81 -42 2) Each case before the Enforcement Board shall be presented by the City Attorney or by a member of the Administrative staff of the municipality. 3) The Enforcement Board shall proceed to hear the cases on the agenda for that day. all testimony shall be under oath and shall be recorded. The Enforcement Board shall take testimony from the Code Inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern said proceedings. 4) At the conclusion of the hearing, the Enforcement Board shall issue findings of fact, based evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least three members of the Enforcement Board must vote in order for the action to be official. The record shall be presented to the Court on appeal and shall be subject to review. Section VII: POWERS OF THE ENFORCEMENT BOARD The Enforcement Board shall have the power to: 1) Adopt rules for the conduct of its hearings 2) Subpoena alleged violators and witnesses to its hearings. (subpoena may be served by the Police Department or the Code Inspector). 3) Subpoena evidence 4) Issue orders having the force of law commanding whatever steps are necessary to bring a violation under compliance. Section VIII: ADMINISTRATIVE FINES; LIENS The Enforcement Board, upon notification by the Code Inspector that a previous order of the Enforcement Board has not been complied with by the set time, may order the violator to pay a fine not to exceed $500 per day for each day the violation continues past the date set for compliance. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one year from the filing of any such lien which remains unpaid, the Enforcement Board may auth- orize the City Attorney to foreclose on the lien. Section IX: APPEALS An aggrieved party may appeal a ruling or order of the Enforcement Board by certiorari in Circuit Court. An appeal shall be filed within thirty days of the: execution of order to be appealed. Section X: NOTICES All notices required by this ordinance shall be by certified mail return receipt requested or, when mail would not be effective, by hand delivery by the Code Inspector. Section XI: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Okeechobee. The sections of this ordinance may be re- numbered or re- lettered to accomplish such; and the work ordinance may be changed to section, article or other appropriate word. Section XII: EFFECTIVE DATE This ordinance shall become effective as provided by law. Introduced and passed on first reading this ( i fr day of il b ffi 4 C, , 1981. A call for discussion by Chairman Douglas brought no response, therefore, Councilman Chapman moved to adopt the ordinance with First Reading and set the date for Final Hearing on March 24. Motion seconded by Councilman Burk. Vote carried. SURPLUS PROPERTY SALE Chairman Douglas asked for action of the Council to declare as surplus and authorize for sale to the highest bidder the following items as listed: 1) Ten Kilowatt generator 2) 42 gallon electric water heater 3) 30 gallon electric water heater 4) 79,000 BTU gas heater 5) 15,000 BTU air conditioner 2797 33 81 -12 81 -8 81 -43 81 -9 Administrative Assistant Fellows explained that item one ten kilowatt generator, could not be sold. It was given to the City by the Civil Defence. After discussion Councilman Watford moved to put the surplus equipment, (except generator), up for sale to the hightest bidder. Motion seconded by Councilman Burk. Vote carried. BOARD OF TRUSTEES - POLICE AND FIRE PENSION Chairman Douglas asked for action by the Council to fill vacancies on the Police and Fire Pension Fund, Board of Trustees; appointing a police officer and a local businessman to serve in on the Board. Motion was made by Councilman Watford to appoint Police Officer, Dexel Brock as a replacement for Sergeant Dalton Chandler on the Police Board and Allen Harden, President of First Savings and Loan of Okeechobee, as a replacement for Harry Horrick on the Fire Board of Trustees, motion seconded by Councilman Burk, vote carried. ORDINANCE - FIRST READING ZONING ORDINANCE FEE REDUCED FOR SENIOR CITIZENS Chairman Douglas presented for First Reading an ordinance amending Zoning Ordinance 402, which provides a schedule of fees for rezoning application, to reduce the application fee for special exceptions and variances where such applications are made by senior citizens sixty five (65) years of age and older and setting of a public hearing. Councilman Burk moved to have the Ordinance read by the title only, seconded by Councilman Chapman, vote carried. Chairman Douglas read the Ordinance by title only as follows: AN ORDINANCE AMENDING ORDINANCE #402, THE ZONING ORDINANCE FOR THE CITY OF OKEECHOBEE, FLORIDA;AMENDING SECTION 18 TO PROVIDE REDUCED CHARGES FOR CITY RESIDENTS 65 YEARS OF AGE AND OLDER; PROVIDING AN EFFECTIVE DATE. Councilman Burk moved to adopt the Ordinance on First Reading with Final Public Hearing date set for March 24, 1981, seconded by Councilman Chapman, vote carried. ABANDONED BORROW PITS, UNFENCED POOLS Chairman Douglas asked for the Council to discuss and determine whether there was a need for legislation concerning abandoned borrow pits, unfenced swimming pools, and excavating and filling. Councilman Burk asked Assistant Attorney Dean Tooker if this would be considered an "Attractive Nuisance ". Attorney Tooker stated "not on the City's part, but on the landowner." Council agreed to refer the subject to the City Planning Board for research and study. Councilman Burk stated he agreed it should be sent to the Planning Board and hoped they would act on it soon so the Council could workshop it and study needs in this regard. Council agreed. BID TABULATIONS INSURANCE Chairman Douglas presented the bid tabulation for employee Life insurance, Health Insurance and Major Medical Coverage; also, the City's General Liability, Fleet liability, Workman's Compensation and Long Term Disability. 2798 81 -9 81 -9 81 -39 Bid specifications were sent to ten insurance companies. Three bids were submitted back to the City for Life, Health, and Major Medical. Only one (1) bid was received for Long Term Disability. After discussion and upon recommendation of Administrative Assistant Fellows, Councilman Watford made a motion to award the bids for Life and Long Term Disability to The Bankers and the League of Cities. (Risk Management), motion seconded by Councilman Burk. Council agreed, vote carried. Only one bid was received for General insurance, The tabulations are listed below with comparison figures for the new bids, also the current carrier (Berger), for last fiscal year. BID TABULATIONS LIFE INSURANCE, LONG TERM DISABILITY AND HEALTH & MAJOR MEDICAL Life Insurance The Bankers Life $3,996.00 Long Term Disability The Bankers Life $4,224.00 Health and Major Medical The Bankers Life $15,494.00 BID TABULATIONS GENERAL INSURANCE $15,000 All employees 20,000 Council, City Attorney and Department Heads League of Cities $5,062.00 Aetna (present carrier) Blue Cross $5,062.00 $5,594.00 64 employees (does not include City Council or City Attorney) League of Cities $12,265.00 Aetna (present carrier) Blue Cross $13,187.00 $17,664.00 League of Cities Risk Management Berger - (Present Carrier) F.Y.E. 9 -30 -80 1. General Liability $32,303.00 $23,637.00 2. Auto included above included above 3. Property included above included above 4. Inland Marine included above included above 5. Workmen's Comp. $21,801.00 $18,710.00 Total $54,104.00 $42,347.00 Upon recomendation of Administrative Assistant Fellows Councilman Watford moved to reject the one bid of Risk Management and renew coverage with the present carrier, (Berger), for General Insurance, motion seconded by Councilman Burk, Council agreed, vote Carried. ORDINANCE FIRST READING MANDATORY GARBAGE TRASH PICKUP Chairman Douglas read by title only the following ordinance requiring mandatory garbage and trash pickup within the City limits of the City of Okeechobee and the re- scheduling of franchise agreements and garbage and trash collection fees and setting of a public hearing: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CODE OF ORDINANCES TO PROVIDE A NEW CHAPTER TEN RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; PROVIDING RULES AND REGULATION RELATING TO GARBAGE AND TRASH ACCUMULATION; PROVIDING FOR COLLECTION; PROVIDING FEES; PROVIDING SPECIAL PERMITS; PRO- VIDING RESPONSIBILITY FOR PAYMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has become aware of the intention of the Board of County Commissioners of Okeechobee County to relocate the existing garbage and trash landfill, and WHEREAS, as a result of the location of said garbage and trash landfill and the substan- tial increase in mileage it is anticipated littering of the City streets and illegal use of garbage and trash dumpsters will increase, and WHEREAS, the City Council for the protection of the health, safety, and welfare of the citizens of Okeechobee feels control should be exercised and rules and regulations estab- lished for safe and efficient pickup and disposal of solid waste material through mandatory use of the garbage and trash pickup facilities within the municipal limits of the City of Okeechobee, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION 1: CHAPTER TEN OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE BE AND IT HEREBY IS AMENDED TO READ AS FOLLOWS: CHAPTER 10 GARBAGE AND TRASH ARTICLE I: IN GENERAL SECTION 10 -1: PREMISES TO BE KEPT CLEAN AND FREE OF GARBAGE AND TRASH All premises within the city limits shall be kept free from garbage, or other refuse matter, and no persons shall leave exposed or cause to be left exposed on public or private property for a period of time in excess of 24 hours any garbage or perishable matter. The owner or person in control of the premises shall cause all garbage or other refuse matter to be hauled away to some suitable place and disposed of in a sanitary manner. All premises in the city shall be kept in state of sanitary cleanliness and shall be kept free from tin cans, refuse matter, trash, weeds, standing water or other noxious or unsanitary substances. The persons living upon or in control of such premises shall be held responsible for its condition under the provisions of this chapter. SECTION 10- 2- 10 -10: RESERVED ARTICLE II: ACCUMULATION SECTION 10 -11: CONTAINERS REQUIRED FOR GARBAGE a) All garbage shall be retained in watertight receptacles of impervious material which are provided with tight fitting covers suitable to protect the contents from flies, insects, rats and other animals. Garbage shall not be stored in drums. b) All apartments of four units or more are required to use commercial sanitary garbage containers as approved by the city. SECTION 10 -12: LEAVING ON OR NEAR STREETS a) No person shall dump, leave or dispose of garbage, rubbish, trash or other waste matter in or on any street, road, highway, alley of the city, or within 200 yards of such street, road, highway, or alley. SECTION 10 -12: LEAVING ON OR NEAR STREETS (CONTINUED) b) Garbage in an approved container and rubbish and trash in a neat appearing pile shall be placed in the right-of-way of the streets, roads, highway, or alleys to be picked up on regular garbage and trash collection routes of the city without violating this section, so long as such garbage, rubbish, trash, or other waste material undisposed of for a period in excess of two regular garbage or rubbish pickup rounds. SECTION 10 -13: RESPONSIBILITY OF PROPERTY OWNERS AND OCCUPANTS No person owning, leasing or occupying any property within the city shall allow trash, rubbish, garbage, or refuse to accumulate or remain on such property. SECTION10 -14: THROWING IN OR NEAR TAYLOR CREEK No person shall throw, place, or deposit or cause to be thrown placed or deposited into Taylor Creek or on the shore thereof within the city any trash, garbage, dead fish, manure, decayed food or filth or any kind which by its odor, decay or putrefaction, would or could be- come offensive to human beings residing in the vicinity thereof or detrimental to health, or create a nuisance. SECTION 10 -21: REQUIRED USE OF GARBAGE AND TRASH COLLECTION SERVICE It being determined by the City Council for the health and welfare of the community, each and every residence, place of business, or any other type structure or abode shall be required to place their garbage and trash as herein provided at the curb -side on regular collection days 2$Oo so that said garbage and trash or other matter may be picked up and disposed of in a safe and sanitary manner. Garbage and trash collection service shall be provided not less than one time per week and pickup shall not be reduced by holidays but pickups normally scheduled to be made on a holiday may be re- scheduled upon notification to the affected residential or commercial premises by publication notice in a newspaper of daily circulation in the area served by the city. SECTION 10 -22: WASTE RECEPTACLES AND HOURS OF COLLECTION a) Garbage and trash. Garbage and rubbish shall be placed for collection separately from trash and shall be placed in waste receptacles with a gross weight of not more than 40 pounds and meeting the following additional standards: 1) Containers for garbage shall not be greater in size than 30 gallons and said containers shall be free from jagged or sharp edges, free from inside structures, such as inside bands of reinforcing angles which would prevent free discharge of the contents; must be watertight and of impervious materials; and provided with a tight fitting cover to protect the contents from flies, insects, rats or other animals. 2) A wet strength paper bag or plastic bag of not more than four cubic feet capacity may be utilized provided said paper bag or plastic bag is of sufficient strength and holding capacity that its contents cannot be easily spilled upon the streets and highways of the city. b) Trash. Leaves and grass clippings shall be placed for collection in a neat pile adjacent to the street, road, highway, or alley within the public right -of -way. Tree trunks, stumps, limbs, trimmings or waste building materials not exceeding five feet in length shall be placed in a separate pile. Major appliances and furniture not suitable to be reduced in size and that weigh more than 40 pounds shall be removed only upon special request. Trash shall be placed for collection separately from garbage and the city garbage and trash collection company shall not be required to collect any trash which does not comply with the requirements in this sub - section or which exceeds five cubic yards per weekly pickup unless authorized for special removal at an additional charge. SECTION 10 -22: WASTE RECEPTACLES AND HOURS OF COLLECTION (CONTINUED) c) Location of residential waste for collection. All persons receiving residential waste collection service pursuant to this chapter shall place waste receptacles, disposable containers and other items at the curb -side. d) Removal of improper or damaged receptacles. Any container used for the collection or storage of residential waste which fails to meet the standards prescribed by this chapter shall be clearly marked by the city, specifying the manner which the container fails to meet these requirements. Any container which fails to meet these require- ments, and is so marked, shall be removed from service by the party furnishing it. Upon failure of the party furnishing the container to remove it from service after written notice by the city, the city shall remove the container from service and destroy it. e) Hours of collection. The city shall provide residential waste collection services between the hours of 6:30 A.M. and 6:00 P.M., except to meet holiday or emergency demands as directed by the city. SECTION 10 -23: PERMIT FOR OTHER DISPOSAL a) No person shall, in any manner dispose of or attempt to dispose of garbage or trash in the city without having the method and place of such disposal approved by the City Council and obtaining a permit therefore from the City Clerk, which permit shall cost $75.00 per calendar year or any part thereof. b) Such person may elect to pay the regular garbage and trash collection fee in lieu of such permit fee. SECTION 10 -24: ISSUING OF SUCH PERMITS WITHOUT FEE Not withstanding any provisions in this article to the contrary, the City Clerk may issue a permit to any person that no fee for a period of one week permitting dumping of material which is determined by the City Council to be in the best interest of the city; it being the principle purpose of this provision to authorize the dumping of riprap and other building material such as concrete to bolster, strengthen, or support the banks of Taylor Creek and where such dumping shall be approved by the Corps of Engineers or other state or federal agency exercising jurisdiction thereof. T 2801 33 SECTION 10 -25: PAYMENT REQUIRED No person shall fail or refuse to pay the garbage and trash collection fee provided for in this article. SECTION 10 -26: PAYMENT DUE WHETHER OR NOT SERVICE IS USED All fees assessed pursuant to this article shall be due and collectible regardless of whether or not any particular dwelling, business, or person avails itself or himself of this service. SECTION 10 -27: WHERE FEES PAYABLE All garbage and trash collection fees shall be paid at the City Hall or at such other place as the city may direct by resolution of the City Council SECTION 10 -28: DELIQUENT PAYMENTS - PENALTIES a) If any person is fifteen (15) days or more delinquent in paying garbage and trash collec- tion fees, there shall be assessed against such person a penalty equal to twenty five (25) percent of the collection fee. b) In addition, at any time any person shall be delinquent fifteen (15) days or more in the payment of fees provided for garbage and trash collection, the town shall not pickup the garbage or trash of such person until all fees and penalties are paid in full. SECTION 10 -29: CONSOLIDATED BILLING The billing for garbage and trash collection service and water and sewer serivce and other services of the town shall be billed in a consolidated bill and the full amount of bill shall be due and payable as provided by law. Should any portion of said bill become delinquent within the time period provided by Section 11 -29 (b) then, and in that event, all or portions of said services provided by such billing may be discontinued until all fees and penalties are paid in full. SECTION 10 -30: RESPONSIBILITY FOR PAYMENT The owner, tenant, or occupant of any premises in the town shall be responsible for the payment of the consolidated billing of garbage and trash collection and water and sewer service. However, the primary obligation for the payment thereof shall be that of the owner of the premises who shall be deemed to be the guarantor thereof of any tenant or person occupying such premises. SECTION 10 -31: RESIDENTIAL COLLECTION FEES There is hereby assessed against each owner, tenant or occupant of each dwelling house in the city a garbage and trash collection fee payable at the rate of per month. SECTION 10 -32: FEES FOR SERVICING DUMPSTERS There is hereby assesed against each owner, tenant or occupant of each business establishment in the town a garbage and trash collection fee for each dumpster rented by the owner, tenant or occupant an amount of per cubic yard. SECTION 10 -33: BUSINESS ESTABLISHMENT COLLECTION FEE - SCHEDULE There is hereby assessed against each owner, tenant or occupant of each business establishment in the town a monthly garbage and trash collection fee, the amount of which shall be determined by the City Council as per the following schedule: All businesses, professions and occupations not required to have a commercial dumpster: Size of business Fee With owner or operator only, per month With owner or operator with one employee, per month With owner or operator and two employees, per month With owner or operator and three employees, per month With owner or operator and four employees, per month With owner or operator and five or more employees, per month Dumpsters will be required when, in the opinion of the city, refuse generated comes to three (3) cubic yards per month. SECTION 10 -34: SAME - WHEN PAYABLE All collection fees imposed by Section 10 -32 shall be due and payable when billed and billing will be based on the number of pickups required per month. 2802 81 -13 81 -44 SECTION 10 -35: FEES FOR EXCESSIVE AMOUNTS OF GARBAGE OR TRASH Not withstanding any of the fees provided for in this article for the collection of garbage and trash, if any person occupying any dwelling house or business establish- ment shall have a quantity of garbage or trash which exceeds the usual amount to such an extent as to require special trips by the collection crews to pick up same, the City Council may assess an extra garbage and trash fee based on the time, labor, gasoline, diesel and oil required for such special trips. SECTION 11: THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. Introduced and passed on first reading this jp T day of Th n C /71-;" 1981. After discussion by Council with input from the citizens present, Councilman Burk moved to set a public hearing for second and final reading on March 24, seconded by Councilman Chapman. Motion discussion followed when Councilman Watford asked whether fees would be set on that date also. Councilman Burk replied March 24, would be for a public hearing of the mandatory issue only. Council also agreed for a City auditor to prepare an L.P. Sanitation financial report at the City's expense. Council vote on motion: Watford, no; Burk, yes; Chapman, yes and Douglas, yes. Motion carried. ROAD AND BRIDGE STUDY Chairman Douglas informed the Council that a study is being prepared on roads and bridges located within the municipal limits of the City of Okeechobee with recommenda- tions for the establishment of governmental authority for construction and maintenance by Director of Public Works L.C. Fortner. Director Fortner advised the Council he is still in the process of gathering information and would make a presentation to the Council of the results at a later date. CITIZENS ADDRESS COUNCIL - "BULL PEN" Several citizens appeared before the Council represented by City resident Ervin Butler of Northwest 12th and 13th Street, Okeechobee, with complaints of a newly established business in their neighborhood. The following petition was submitted with names as listed: WE, THE UNDERSIGNED, ARE UNIFIED IN OUR COMPLAINTS AGAINST THE ESTABLISHMENT NAMED "BULL PEN ". THIS PLACE OF BUSINESS IS LOCATED AT 1295 NORTH PARROTT AVENUE AND IN CLOSE PROXIMITY TO A RESIDENTIAL NEIGHBORHOOD. SINCE ITS OPENING WE, THE RESIDENTS OF SUCH NEIGHBORHOOD, HAVE HAD. TO WITHSTAND LOUD MUSIC, YELLING (INCLUDING PROFANITY), AND EXCESSIVE TRAFFIC. NEITHER NW 12TH NOR NW 13TH IS A "THROUGH" STREET WHICH HAS CAUSED OUR DRIVEWAYS TO SERVE AS A MEANS FOR REDIRECTION OF TRAFFIC. WE FEEL THAT THIS "BULL PEN" HAS CERTAINLY DEGRADED OUR PROPERTY VALUE AS WELL AS DENIED OUR PRIVACY. John Ed Garrard Emily R. Garrard Velinda Robertson Robin Secor Herbert L. Robertson S. Husain Muzaffar Husain, M.D. Lamar & Donna Sills William Lotysh Don Barnes Verna Asher Ronald Asher H.P. Wally Suzanne Wally Roy Reno Julie Reno Ida Robertson Rodonna Whirls Gary Dodd Helen Dodd Gene Dodd Sr. Peggy Jo Butler Ervin A. Butler Richard Vandell Cynthia Davis William Davis 2803 33 81 -19 Discussion ensued with comments from the citizens and Council seeking information and solutions to the alleged annoyance. It was determined by Council the business was zoned and licensed properly. Council insturcted Police Chief Mobley to make a noise decimal study of the "Bull Pen" operation during business hours to determine whether a violation of the noise ordinance is occuring. Other discussion included comments from Administrative Assistant Fellows stating that he had met with the owner of the "Bull Pen ", Mr. DeMicco, concerning the complaints and Mr. DeMicco wishes to do whatever is necessary to correct the problem. Councilman Watford recommended that the Building and Zoning Administrator J. Mallette Westbrook submit plans for the "Bull Pen" building and parking facility to the Council for review. Council agreed to this recommendation. Chairman Douglas instructed Administrative Assistant Fellows, Director of Public Works Fortner and Police Chief Mobley to make a study of the parking and traffic situation and correct any descrepencies. Director Fortner stated he would have the necessary street signs placed in the area immediately. Chairman Douglas expressed appreciation to the citizens for their presentation and participation in the meeting. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY CLERK 1) MEETING CALENDAR Clerk Thomas submitted the quarterly calendar of meeting dates for Council's approval as follows: April 14th and 28th, 1981 May 12th and 26th, 1981 June 9th and 23rd, 1981. Councilman Burk moved to approve the calendar of meeting dates as presented, seconded by Councilman Chapman, motion carried. 2) PLANNING BOARD APPLICATIONS The Clerk reported only one application for Planning Board member has been received to date, new three (3) year term begins April 1, 1981. 3) COMPUTER SEMINAR The Clerk informed the Council of a one day seminar on Governmental Accounting as pertains to computer softwear applications being held in Hollywood, Florida, Thursday, March 12th, and expressed to the Council her wishes to attend this pertinant meeting along with Deputy Clerk Lola Parker. Councilman Burk moved to approve the Clerk's attendance at the seminar, seconded by Councilman Chapman, vote carried. 4) WARRANT REGISTERS Clerk Thomas presented to the Council the Warrant Registers representing the past months disbursements for the General Fund and the Water & Sewer Funds. Amounts were 1 T IF T7 T 2804 81 -45 81 -23 81 -46 read by Council and passed by signatures. General Fund Warrant Register for March, 1981 - $29,743.52 Water & Sewer Warrant Register for March, 1981 - $62,146.35 B. CITY ATTORNEY 1) LA GROW SUIT Assistant Attoney Dean Tooker reported to the Council the status of the clearwell case. The pleadings have come to a conclusion and he has begun the "discovery" phase of the suit. _ C. ADMINISTRATIVE ASSISTANT 1) 201 FACILITY PLAN Administrative Assistant Fellows reported, upon authorization by the City Council, he advertised for proposals to reduce the anticipated expense of the Step III of the 201 Facility Plan. Bids were opened and tabulated with the recommendations, in order of preferance, as follows: 1st - Broome, VanOstren & Associates of Okeechobee 2nd - Frederick Bell Engineers of Ocala 3rd - Riley Wild & Associates of Ormond Beach Assistant Fellows requested authorization to negotiate with the above listed engineers beginning with the first choice. Councilman Burk moved to grant authority to negotiate on the 201 Plan contracts, seconded by Councilman Chapman. Councilman Watford questioned if this would in any way obligate the City financially. Assistant Fellows assured him that if the grant is not approved the City will not be obligated to any fees. No further discussion, Chairman Douglas called for a vote, motion passed. 2) REQUEST FENCE IN ALLEYWAY Assistant Fellows presented a request from Brenda Mason to re- locate a fence into the middle of the alleyway behind her property. Mason has agreed to sign the necessary documents and provide a certificate of insurance for liability. Councilman Watford moved to grant the authority providing the necessary legal documents are signed, including the insurance, seconded by Councilman Burk, vote carried. 3) STATE PURCHASING During a recent staff meeting, Police Chief Mobley presented a memorandum documenting a savings if office supplies are purchased through state purchasing rather than locally. In addition Chief Mobley has been able to obtain a private line for the detective's new office with the simple installation of a switch on the present system. This will be done for considerably less than a private line. 4) FORESTRY GRANT Fire Chief Tomey has received notification from the Forestry Division of approval of a grant for bunker gear and equipment in the amount of One Thousand Eighty -Eight and 46 /100ths Dollars ($1,088.46). 2805 33 81 -48 81 -16 81 -21 81 -5 81 -32 5) BIKE PATHS Assistant Fellows received a letter from the Department of Transportation regarding funds programed for bike -way projects. The Department of Transportation is soliciting projects. Councilman Burk advised Assistant Fellows to contact Mr. J.P. Deloney, a citizen very interested in bike paths. Council agreed for Fellows to pursue and work with the Recreation Advisory Board. 6) BUDGET AMENDMENT Assistant Fellows noted the omission of travel and transition expenses from the budget for the Administrative Assistant. Fellows requested the funds agreed upon be transfered from Contingencies. Councilman Burk moved to authorize the transfer of Two Thousand Dollars ($2,000.00), seconded by Councilman Chapman, vote carried. COMMUNICATIONS FROM COUNCILMEN A. OAKLAND CHAPMAN 1) CROSS TRAINING Councilman Chapman stated the cross training of Fire and Police employees should be done on a volunteer basis. Assistant Fellows noted the Fire Chief and Police Chief have agreed to cross training on a volunteer basis and restrict it to those who volunteer from the Police Department. Fire Chief to instruct the thirty (30) hour course upon completion of his certification as a teacher. B. DOWLING WATFORD, JR. 1) FIRE APPEALS BOARD Councilman Watford questioned whether the necessary fees should be set at this time for the Fire Appeals Board, or will a separate public hearing have to be held. Assistant Fellows to study this and report back to the Council. 2) REQUEST TO CLOSE ALLEY Councilman Watford asked the correct procedure in processing a request to close an alley for an individual. Council advised him the individual will have to first make application to the Planning Board. 3) SUMMARY OF REPAIRS TO CITY HALL Councilman Watford requested a summary of repairs to City Hall and the Fire Station. Assistant Fellows listed the renovations generally as follows: 1) Remodeling the rest rooms 2) Painting the outside of the building 3) Replacing carpet in Clerk's office and correcting the bad flooring conditions. 4) Lower the ceiling in Clerk's office, paneling offices 5) Move tower; (generator already moved). In regard to the installation of an elevator, Councilman Burk suggested, when the 2806 81 -2 81 -8 time came, using the Thirty Thousand Dollars ($30,000.00) to construct a one story addition to City Hall instead of an elevator. LAW ENFORCEMENT Citizen Georgie Murphy commented on the enforcement of the laws in the City, noting the Chief of Police is doing an excellant job with the manpower he has. Mrs. Murphy added, being a business person in the City she would more than welcome an increase in license fee if it would be used to increase the needed manpower in the Police Department. ADJOURNMENT There being no further business the meeting adjourned at 9:35 P.M. Edward W. Doug as Chairman /Mayor City of Okeechobee ATTEST: /1), Bonnie S. Thomas City Clerk City of Okeechobee SECOND REGULAR MEETING TUESDAY, MARCH 24, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular meeting in the Council Chambers, at City Hall, on Tuesday, March 24, 1981, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Oakland Chapman, Donald Burk, Dowling Watford, Jr. and Jim Knight. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Police Lieutenant Phillip Purvis, Police Chief Larry Mobley, Fire Chief Keith Tomey, Director of Public Works L.C. Fortner, Jr., and Deputy Clerk Janice M. Mann. The invocation was offered by Councilman Donald Burk. APPROVAL OF MINUTES Councilman Chapman moved to approve the minutes of the regular meeting of February 24th, the recessed meeting of March 5th, and the regular meeting of March 10th, 1981, seconded by Councilman Burk, vote carried. PUBLIC HEARING SECOND AND FINAL READING - SENIOR CITIZENS REZONING FEES Chairman Douglas presented for second and final reading an ordinance amending Zoning Ordinance 402 to provide a schedule of fees for rezoning, variance and special exception applications, where applications are made by senior citizens sixty -five (65) years and older. IIv PROPOSED AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MARCH 10, 1981 7:00 P.M. Invocation ! First reading of ordinance amending the zo ng ordinance to allow the Board of Appeals and Adjustments to hear appeal concerning administration of the S andard Fire Prevention Code and the s ting of a public hearing for March he 24th, 1981. (Planning and Zoning Board r,hommends approval) Discussion by the Council on adopting on first reading an. ordinance creat- __. ing a Municipal Code Enforcement Board authorized by Chapter 166.051, Florida Statutes and setting of a publ c hearing for March 24th, 1981. Action by the Council to declare as sur lus and authorize for sale to the highest bidder, a ten kilowatt genera or, a 42 gallon electric water heater, a 30 gallon electric water heater, a 79,000 BTU gas heater, and a 15,000 BTU air conditioner. Public hearing and final reading of an ordinance closing and vacating 30 fee of dedicated right -of -way on Sout est 5th Avenue between Southwest 15th Street and Southwest 18th Street Public hearing and final reading o an ordinance amending the zoning ordinan reducing the front footage in re dential, general districts from 100 feet to 95 feet. (Planning and Zoning Board Recommends approval) VII. Discussion by Council on filling vacancies on the Police and Fire Pension Fund Board of Trustees; appointing Police Officer, Dexfer Brock as a replace ment for Sergeant Dalton Chandler on the Police Bo rd Allen Harden, Pres dent of First Savings and Loan as a replacement fo arry Horrick on the Fire Board of Trustees. VIII. First reading of an ordinance)amending the zoning ,6rdinance to provide a schedule of fees for-Ye-Zoning applications, appl cations for special excep- tions and variances where such applications are/rode by senior citizens 65 years of age and older and setting of a public hearing for March the 24th 1981. Discussion by the Council to determine the need, if any, for legislation addressing the matter of abandoned borrow,. sits, unfenced swimming pools, and excavating and filling. X. Receipt by the Council of tabulation of bids 6r life insurance, health insu ante and major medical coverage, general Zia ility, fleet liability, workmen compensation and long term disability. XI. Action by Council on proposal to adopt on fi st reading an ordinance requiri mandatory garbage and trash pickup within t e city limits of the City of `-=� Okeechobee and the re- scheduling of franch se agreements and garbage and tra collection fees and setting of a public hearing for March the 24th, 1981. XII. Receipt by Council of study on roads and bridges located within the municipa limits of the City of Okeechobee wi recommendations for the establishment of governmental authority for cons ruction and maintenance of same. Page Two, City Council Agenda for March 10, 1981 Mayor to call on anyone in audience wishing to address the Council. XT. Mayor to call on City Attorne C uncilmen regarding requests XV. Adjournment__ Administrative Assistant, and AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MARCH 10, 1981 7:00 P.M. I. Invocation First reading of ordinance amending the zoning ordinance to allow the Board of Appeals and Adjustments to hear appeals concerning administration of the Standard Fire Prevention Code and the setting of a public hearing for March the 24th, 1981. (Planning and Zoning Board recommends approval) III. Discussion by the Council on adopting on first reading an ordinance creat- ing a Municipal Code Enforcement Board as authorized by Chapter 166.051, Florida Statutes and setting of a public hearing for March 24th, 1981. IV. Action by the Council to declare as surplus and authorize for sale to the highest bidder, a ten kilowatt generator, a 42 gallon electric water heater, a 30 gallon electric water heater, a 79,000 BTU gas heater, and a 15,000 BTU air conditioner. V. Public hearing and final reading of an ordinance closing and vacating 30 feet of dedicated right-of-way on Southwest 5th Avenue between Southwest 15th Street and Southwest 18th Street. VI. Public hearing and final reading of an ordinance amending the zoning ordinance reducing the front footage in residential, general districts from 100 feet to 95 feet. (Planning and Zoning Board Recommends approval) VII. Discussion by Council on filling vacancies on the Police and Fire Pension Fund Board of Trustees; appointing Police Officer, Dexter Brock as a replace- ment for Sergeant Dalton Chandler on the Police Board and Allen Harden, Presi- dent of First Savings and Loan as a replacement for Harry Horrick on the Fire Board of Trustees. VIII. First reading of an ordinance amending the zoning ordinance to provide a schedule of fees for rezoning applications, applications for special excep- tions and variances where such applications are made by senior citizens 65 years of age and older and setting of a public hearing for March the 24th, 1981. IX. Discussion by the Council to determine the need, if any, for legislation addressing the matter of abandoned borrow pits, unfenced swimming pools, and excavating and filling. X. Receipt by the Council of tabulation of bids for life insurance, health insur- ance and major medical coverage, general liability, fleet liability, workmen's compensation and long term disability. XI. Action by Council on proposal to adopt on first reading an ordinance requiring mandatory garbage and trash pickup within the city limits of the City of Okeechobee and the re-scheduling of franchise agreements and garbage and trash collection fees and setting of a public hearing for March the 24th, 1981. XII. Receipt by Council of study on roads and bridges located within the municipal limits of the City of Okeechobee with recommendations for the establishment of governmental authority for construction and maintenance of same. Page Two, City Council Agenda for March 10, 1981 XIII. Mayor to call on anyone in audience wishing to address the Council. XIV. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. XV. Adjournment