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1981-11-10 Regular Meeting2962 REGI~AR MEETING TUESDAY, NOVEMBER 10, 1981 The City Council of the City of Okeechobee, Florida, convened in regular session in --~ the City Council Chambers in City Hall, Okeechobee, on Tuesday, November 10, 1981, at 7:00 P~M. Chairman/Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Donald Burk and Oakland Chapman. Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L~ C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobley and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Watford offered the invocation. $1-2 AZPROVAL OF MINUTES Councilman Watford moved to approve the minutes of the October 27th regular meeting and the October 31st special meeting. Seconded by Councilman Burk. Motion carried. CANCELLATION OF NOVEMBER 24th MEETING Chairman Douglas informed the Council the items on the November 24th agenda could be carried over to the December 8th meeting if it is agreeable with the Council° The consensus of the Council was to cancel the November 24th City Council meeting. 81-151 PRESENTATION OF PLAQUE TO MAYOR AUDLEY DUNHAM Chairman Douglas presented a plaque to Mayor Audley Dunham for twenty years service to the City of Okeechobee. Mayor Dunham thanked the Council stating he had many happy memories of bis service to Okeechobee. 81-152 RANCH FERTILIZER REQUESTING CLOSING OF REMAINING PORTION OF N.E. SIXTH AVENUE FROM SEVENTH STREET NORTH AND A UTILITY ALLEY RUNNING NORTH OFF OF N.E. SEVENTH STREET Mr. John Ed Burdeshaw and Mr. Ben Burdeshaw appeared before the Council to request the closing of the remaining portion of N.E. Sixth Avenue from Seventh Street north and a utility alley running north off of N.E. Seventh Street. Mr. Burdeshaw presented an aerial map of the area pointing out the property in question. Council members discussed the closing with Mr. Burdeshaw. Attorney Conlon informed the Council that approximately two years ago research was done as-td how ~o proceed with the closing of streets and alleys and the requirements of the party requesting the vacation of the property. 2963 After discussion between Council members and Mr. Burdeshaw, Chairman Douglas informed Mr. Burdeshaw to talk with the Board of Directors of Ranch Fertilizer, check the status of the reverter clause and come back to the Council on December 8th. Attorney Conlon informed Mr. Burdeshaw the Council would appoint an appraiser, if one is needed, at the expense of Ranch Fertilizer. 81-153 FIRST READING BRYANT REZONING Chairman Douglas informed the Council of the first reading of an ordinance requesting the rezoning of property at 104 S.E~ Sixth Street from residential single family to commercial and the setting of a public hearing for December 8th. Councilman Burk moved to read the ordinance by title only. Seconded by Councilman Chapman. Motion carried. Chairman. Douglas read the ordinance by title only: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHED ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR. THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL, Councilman Watford moved to set the ordinance for final bearing December 8, 1981. Seconded by Councilman Burk. Motion carried. $1-15# ADOPTION OF RULES AND REGULATIONS FOR THE OPERATION OF THE OKEECHOBEE POLICE DEPARTMENT Chairman Douglas informed Council members of the adoption of rules and regulations of the operation of the Okeechobee Police Department. After brief discussion between Council members and Chief Mobley, Councilman Burk moved to adopt the rules and regulations of the Okeechobee Police Department as presented. Seconded by Councilman Chapman. Motion carried. 81-142 BI, GET TRANSFERS Assistant Fellows informed the Council that during the change to the state mandated budget system the fire hydrant demand charge was overlooked in the new budget. This transfer will not change total spending. After brief discussion, Councilman Burk moved to authorize the budget transfers of $27,000 from cash contingency to fire department 522.43 and $7,000 from 536.63-1 improvements- water system to 536.31-4 engineering for water rate survey. Seconded by Councilman Watford. Motion carried. g1=155 FIRST RE.ADING -- ORDINANCE .AMENDING ORDINANCE NO. 432 Chairman Douglas informed the Council of the first reading of an ordinance amending Ordinance 432 and setting for public hearing on December 8, 1981. Councilman Burk moved to read the ordinance by title only. Seconded by Councilman Chapman. Motion carried~ Chairman Douglas read the ordinance by title only: AN ORDINANCE AMENDING ORDINANCE NUMBER 432, RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING CHAPTER 10, ARTICLE 3, SECTION 10-26 TO REPEAL THE PROVISION WHICH ALLOWS NO GARBAGE CHARGE TO BE MADE AT A RESIDENCE THAT IS VACANT DUE TO VACATION; PROVIDING AN EFFECTIVE DATE. Councilman Burk moved to advertise and set the final reading for December 8~ 1981. Seconded by Councilman Chapman. Mrs. June Holt appeared before the Council to voice objection to the ordinance. Chairman Douglas explained to Mrs. Holt this ordinance would provide no vacation allowance for garbage pickup. Chairman Douglas called for a vote by the Council. Motion to set for final reading December 8th, carried. g1-156 BID TABULATION DIIMP TRUCK Chairman Douglas informed the Council that an invitation to bid was sent to Okeechobee Chrysler Dodge, Okeechobee Motor Company and Gilbert Chevrolet with the following results: Okeechobee Chrysler Dodge No Bid Okeechobee Motor Company $16,689.00--Delivery --~ 60 Days Gilbert Chevrolet No Bid Councilman Chapman moved to accept the bid of $16,689.00 from the Okeechobee Motor Company. Seconded by Councilman Burko Councilman Watford abstained from voting due to being employed by one of the companies involved. Motion carried with Chairman Douglas voting. 81-157 BID TABULATIONS--UNIFORM RENTAL WATER., STREET AND SEWER DEPARTMENTS Chairman Douglas stated the bid tabulation is for water, street and sewer employees for a total of 24. NEWAY UNIFORM & TOWEL SERVICE: Remta] cost per employee per week $ 5.50 Total rental cost for 24 employees per week 132.00 Initial set up cost per employee -0- Initial emblem cost per employee -0- Set up cost for new employees 3.00 Emblem cost for new new employees 8.00 for 11 shirts AMERICAN I~IFORM RENTAL SERVICE Rental cost per employee per week $ 5.50 Total rental cost for 24 employees per week 132.00 Initial set up cost per employee 7,00 Initial emblem cost per employee 1.00 per shirt Set up cost for new employees 7.00 Emblem cost for new employees 1.00 per shirt '-~ Other cost, if any, explain in detail Unreturned garmets 6.00 each shirt 9.00 each pants '- I I I I'! .... I ! ; 2965 PURITY I~IFORM SERVICE: Rental cost per employee per week $ 6.70 Total rental cost for 24 employees per week 160.80 Initial set up cost per employee -0- Initial emplem cost per employee -0- Set up cost for new employees -0r Emblem cost for new employees -0- Other cost, if any, explain in detail Lost garmets: 5.00 each shirt 6.00 each pants Director Fortner recommended to the Council the bid from Neway Uniform and Towel Service be accepted. After a brief discussion, Councilman Watford moved to accept the bid of Neway Uniform and Towel Service. Seconded by Councilman Chapman. Motion carried. $1-~55 MEMBERS OF THE AUDIENCE TO ADDRESS THE COUNCIL Mrs. June Holt appeared before the Council regarding a recent problem she encountered with Okeeairco and payment of her monthly cablevision charge. After discussion between Council members regarding the current franchise and the fact there is no reconnect fee stated in the franchise, it was the consensus of the Council to include this item in the Workshop with L. P. Sanitation to be held Thursday, November 19, 1981. --- g1-159 WILLIAM. H. JACKSON CODE ENFORCEMENT BOARD Mr. WJliJam H. Jsckson appeared before the Council regarding the November 9th meeting of the Municipal Code Enforcement Board and the outcome of a case involving a dog that had been disrupting the neighborhood for several months. Attorney Conlon stated he felt the Code Enforcement Board made it clear to the defendant that if she was back again they would remember itt Mr. Jackson stated that a complaint has again been registered against the dog running in the neighborhood and was informed by Assistant Fellows that Mr. Westbrook is aware of the problem and the dog has been picked up. There will be a new case filed against the defendant if the dog is picked up from the Humane Society by the owner. g1-132 RICKEY HOLT, CHAIRMAN 1982 FIREWORKS COMMITTEE Rickey Holt, Chairman of the 1982 Fireworks Committee, appeared before the Council requesting permission to hold the fireworks inside the City limits on the American Legion Field. The consensus of the Council was to allow the committee to question homeowners and business owners within the vicinity to get their input on having the fireworks at the Legion Field before making a decision. COMMUNICATIONS WITH DEPARTMENT HEADS A) CITY CLERK 81-19 1) COMPUTER Clerk Thomas advised the Council the computer has arrived in the Clerk's office. B) CITY ATTORNEY 81-#5 1) LAGROW SUIT Attorney Conlon informed the Council of a letter received from Okeechobee Beach Water Association through their attorney. The letter stated "the $200,000 Beach Water placed in escrow for the construction of the clearwell limited their total expenses involved in the construction of the clearwell. Litigation involving the clearwell would exceed the Association's agreed upon contribution and the assessment of it in the contract and, therefore, they shouldn't pay it"(charges for attorneys fees in litigation billed by the City). After further discussion between Council members and Attorney Conlon, the consensus of the Council was the litigation is a construction charge and is not related to production of water. Beach Water will be advised of the Council's decision. The City will backout the charge and credit Beach Water on the next bill. Attorney Conlon further stated the case may come to trial very soon and would take approximately a week. COMMIJNICATIONS WITH COUNCILMEN gl-17 A) DONALD BU~X 1) TENT REVIVAL ON E PARK STREET Councilman Burk stated he had received complaints from neighbors regarding the tent '-~ located on East Park Street holding religious services and asked that the matter be looked into by City personnel. Assistant Fellows stated the tent is located on private property and they do have permission of the property owners. However, the matter has been checked by City officials and it is likely the tent will not be there much longer. 81-17 B) DOWI. ING WATFORD, .IR. 1) NORTHSHORE PLAZA Councilman Watford commented on a memorandum regarding the loitering at the North Shore Plaza and the concern of the merchants and asked that we contact other cities in regard to this type of problem. After further discussion between Council members, Chief Mob!ey and Attorney Conlon, the consensus of the Council was to allow Attorney Lafabvre look at the problem and meet with the State Attorney's office to study the law. 2) RESIGNATION OF MELODY HODGES Councilman Watford stated the Council had received a resignation from Melody Hodges and would like to commend her for her work with the City. 2967 81-134 WARRANT REGISTERS FOR OCTOBER Councilman Burk moved to approve tbe Warrant Register for General Fund in the amount of $10,638.71 and the Water and Sewer Fund in the amount of $14~80~.71. Seconded by Councilman chapman. Motion carried. ADJOURNMENT There being no further items of business, Chairman Douglas adjourned the meeting at 9:43 P.M. "t ~ ~ Mayor/Chairman z City of Okeechobee ATTEST: ~Bonnle S Thomas City Clerk City of Okeechobee WORKSHOP SESSION THI~SDAY~NOVEMBER !9, 198! The City Council of the City of Okeechobee, Florida, convened in workshop session in the City Council Chambers in City Hall, Okeechobee, on Thursdays November 19, !981, at 7:00 P.M. Chairman/Mayor EdwardW. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were: Administrative Assistant Richard C. Fellows, City Attorney David Conlon, and Deputy Clerk Mary Ann Holt. 81-158 OKEEAIRCO Chairman Douglas stated there bad been a question regarding the reconnection fee being charged by Okeeairco. Mr. Jim Morris, local General Manager of Okeeairco, appeared before the Council to discuss the reconnect charge. Mr. Morris referred to the last amendment of the franchise, Section 12(c) of Ordinance No. 418, Rates to Customers which states, $30.00 installation fee may be charged for all installations or hook-ups after the first year of operation. It is the opinion of Okeeairco that a reconnection is a hook-up and therefore charges one-half of the installation fee. Council members discussed at length with Mr. Morris the amount of time allowed on delinquent accounts, time involved in disconnecting and reconnecting service and other matters pertaining to fees charged Okeeairco customers. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING NOVEMBER 10, 1981 7:00 P.M. I. Invocation II. Approval of the minutes of the regular meeting of October 27, 1981 and special meeting of October 31, 1981. III. Announcement by the Mayor canceling the meeting of November 24, 1981 due to its proximity to the Thanksgiving holiday and moving the items of business to the meeting of December 8th, 1981. IV. Presentation of plaque to Mayor Audley Dunham by Mayor Edward Douglas for over four decades of conscientious service to the people of Okeechobee. V. Appearances: a) Mr. Ben Burdeshaw, representing Ranch Fertilizer Company requesting the closing of the remaining portion of northeast 6th avenue from 7th street north and a utility alley running north off of northeast 7th street. VI. Introduction and first reading of an ordinance requesting the rezoning of property at 104 Southeast 6th Street from residential single family (RSF) to commercial (C) and the setting of a public hearing for December 8th, 1981. (Planning and Zoning Board recommends approval) VII. Action by the Council to adopt the rules and regulations for the operation of the Okeechobee Police Department. VIII. Authority to make budget transfers: a) $27,000 from cash contingency to fire department, 522.43. b) $7,000 from 536.63 -1 improvements -water system to 536.31 -4 engineering for water rate survey. IX. First reading of an ordinance amending ordinance number 432, relating to garbage and trash pickup and disposal, repealing the provision which allows no garbage charge to be made at a residence that is vacant due to vacation and the setting of a public hearing for December 8th, 1981. X. Bid tabulations and recommendations in regards to the purchasing of a new dump truck and the rental of uniforms by the Department of Public Works. XI. Mayor to call on anyone in audience wishing to address the Council. XII. Mayor to call on City Clerk, City Attorney, Administrative Assistant and City Councilmen for reports and /or requests. XIII. Adjournment