1981-03-10 Regular Meeting2792
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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:
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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).
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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
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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