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1975-01-07 Regular S04 December 19, 'l~e City Council of the City of Okeechobee, Florida met in a recessed session, for a public nearmn= at the City Hall on the above date at 7:00 P.N. '~th the following present: President, Eussell V. Domer; Councilmen: E. H. Hunt, ~ward W. Douglas, Donald L. Burk and Clif C. Betts, Jr. Also present were: City Clerk, S~ndra Bennett and Attorneys: DaSd H. Conlon and To~ Conley q qq. A.~tor~ey Co~ .ey~ actin,~ as hearin~ of~ic~r~ ~ta-~e~ thau uhe pu~ose of the hearin~ was to :~etermine sole!x i~ '-' o!~.~ qas and electric co~}a~ss are in competition of each ohhe~'~ not 6o de- termine kf ;. ta~{; will be i;¢pose4 on the oil distributors should the Council decide the cor~panies ~k ..... ~ c.,~e~ktion. He fuPther stated 5hao he ;.yoEl{~ he advisory ~o the Gouncil and in,oPined the aufi.enco i;h~:,.t b7 la;: ~.~hen th~ City has such hearin~ the board can adjourn ~md hold a closed meetin6 tn make their decision. Attorney Con!on asked if any were present representing ~as or fuel oil coca. es or any on6' ir, the ,udience to ~o%;e~ to identify thems~lves ..... a, who testified that he '~ kttor~ey Co~;_on called Cecil ~'~-;}'~an, ,k,:~s reeaired oil heaters in homes within th~ city; that he only knows of a {'e~.~ homes with oil heaters. Attor~ev~ Con!on called Tho;ms A. "r~,~=14,:~r,~, 8~ b:~!der who testified that in the east he had built homes with oil heaters because they .y ..... ~ more econo;~cal; that he has only' built a few but ba!i67~,7 there are 30 to ~¢) hones in the City ~-yith oil heat that are in co~etition with other AStor'~ey ..... Conlon called Zen i~lEetcalf ~ mobile home dealer who e~,~{;e~,,~o ,.~,,~ that ~obile homes can bq or ered from the facUorY ~:ith oil, .~o ~ .... ~ _ .~ ;~ .... or .zl~,,ctric heat a~ the choice of the cus t om~..r. A-Utoruey Conlon called John "faylor ;¢ho testified that he owns a mobile home w~ch is hcal,'~d b~>;- oik; he then testified that he~no~.~,2~o~{.dthe mobile home uoeoo ' and the fact that L% ha.-1 n~ '~ '' ~,~. heat was not -the reason he purchas~ ~ i't. At bh~ s time Attorney ~aha~o Sauls and ~'~r. J. D. Casse!s entered. Attorr~ey Conlon asked if any were present that ~.~ished to speak in behalf of the oil distrih~.~tors. ]~arv~n v~errell, Jil '~ ~ Jr. ~ulbreta, and ~,&:~ht S~th voiced t~er opinion that oil distributors ;~-'e not in competition. They all stated that oil sales were seasonal and only had a fe'..~ cas;o;::ers out of all the homes within th~ City and that oil was not used for cooking or hot water heaters, tttorney au_L~ ca!le~ as a witness, J. D Cassels, F~.na~er of Glades Gas Company. No oN,er witness were called by any gas or electric co~any~ so Attorney ~n.lon closed ~' ~ ~- ' '- ~ele~hon~. ~rectory as e~dence that the t.~e of b7 subr:ittin, g p~e ~6 of ,h= yxlzo,,, pa~es in thc ' , ~ ,UeJ. lis:cd ~ar h 'at~'n.~ is co~m~'titk,/e ~.:ihh ~as and electric Ak, t, or-qey Sauls recuestpd the Ordinance ~e~lating the i~osed utility tv:& to be re~d. o..1.., rnlled a~qainst Sau!s At %h~ s time the Council adjourned for a c!ased session to decide their deciskoz~, afLer~rhich, +he" ~eR~rned and President Domar ~-"- : ~o~.~ea that Council found the sale of fuel oil ~:ziLNin hhs ciUy limits ::m.s not in co~etihion with the sale of natural ga~ and electrici~}y. A TTEST.~2~~, ~. ~i~ 7~~ ~t ' ..... ~,.~ PRES~ENT CITY January 7, l?7g The Cc ..... _ ~ _.,y ~,ouncll of ,,he u~ty of Okeechobee, ~orida, met in a reo~ular meeting at the City Hall on the above date at 7:00 P.H. ~th the fo!lowin~ present: PLayer Audley Dunham, ~esident Russell V. Domer, Councilmen: E.H. Hunt, ~ward W. Douglas, Donald L. Burk and C].if C. Betts, J~. Also present were: City Clerk, San~a Bennett and ~rector of ~blic Works, L. C. Fortner, Jr. Presenh Domer opened the meeting ~th prayer by Councilman Burk. Bills Ln the amount of $ _, $__ , $ ~-zere approved and ordered paid ~zhen funds are available. " ~ of the ~.uznuoe~ meetin.~s held Seotember 26, 27, October 3 and October 8 were read and approved as read upon a motion hy Councilrm. n Burk, seconded by Councilman Douglas and carried. Pr~sidont Domer voiced his a~preciation to Councilman ~rk for ser~ces faithf~!y rendered. ,eon c~>~letion of Nayor Dunham's address to the C ouncmJ_ and outgoing Councilman Burk om ~beir outsta~qinE public set, ce to the City, the Council PR~ENT CITY CO~CIL A T T E S T: ~. CI~ ~ERK .1.805 January 7, 19 ~e incoming City Council met in regular session at the City Hall following adjourr~uent of {,he r,~%irin~ Council wi~h the follo~;ing present: ~'~yor Audley ~am; Council~aen: E.H. Hun-~, }h~ssell V. Domer~ ~-rard W. Douglas, Lavon Bass an~5 Clif C. Betts~ Jr. Also present wore Attorney Da,,~2 ~.'~. Conlon and City Clerk Sandra Be~ett. It bein~:~ in order the oath of office was ad~nistered to l~yor Audley Du~am, City Clerk Sandra Be~ett and Councilmen: Russell V. Domer, Lavon Bass and ~ward W. Douglas by Okeechob~e County Judge, G. E. B~ant, Jr. Councilman Hunt acting as te~ora~ Chairman opened the meeting stating noon,nations ~ere in ~rder for the election of a President of the City Council. Councilman Douglas nor4nated Councilmc~n Domer as President, no~nation seconded by Councilman Bass. Councilman Betts moved to cease no, nations and carried. Upon a una~ous vote, Council~n Domer was elected President of the Co~cil. President Domer e~ressed the Councils appreciation ~o Judge B~ant for ad~string the oath of office 5o the new officers of the City. President ~mer stated that no,nations were in order for a President Pro-Tem of the City Council. Councilman Betts no~nated Councilman Hunt as President Pro-Tom, nor.~natior~ seconded by Councilman Douglas and upon vote, Councilman Hunt was elected President Pro-Tom of the City ~uncil. Presi~ent Domer stated that the appointments for a two year term for C~f of Police ~ere in order. Councilman Botts no,hated Sergeant Lar~y Mobley. Councilman Hunt nominated De~itt S{~aats. The Council indicate{] their vote as vollows: Clif C. Betts- Lar~- Mobley, E. H. t!unt - Dewitt H. Staats, F~ward W. Douglas - De~,%t6 H. Staats an~J Lavon Bass - De~tt Staats. De~,~tt S~,aats was appointe~ as Chief of Ponce for a t~,~o year term by a 3-~ mar~n. It beinE in order, the oath of office was ad~stered to C~ef Staats by Judge G. E. Br? ant, Jr. Councilman Botts moved to retain the present ~ty Hall erployees, seconded by Councilman Bass and carried. President Do~.~er appointed the follo~ng Committees: E. H. H~t Russell V. Domer POLI CE C 0~'~ TTEE: Lsvon Bass SAlTilY & ZONING C0~'~TTEE: Cli? Betts, Jr. ~RE C O~?~TTEE: Russell V. Domer S~{EETS~ P~(S M,~D LI~TS CO}~.~TTEE: Ed~,;ar~ W. Douglas WAT~I C O~,~TTEE: E. H. Hunt C~f Betts~ Jr. Lavon Bass Plirsua~lt to notica ~ublished in thc 0v- ' ~t:.ec~obae News re~arding a public hearing to conside~ rezonir~.~ from Re. side,rial (i{-2) to Co~mercis!, Lots ~, 2, ~. through ] 2, Block 93, Original Town 0f .... O~eechobee, ~eo_~d~n~o~ ~- Dome~. o~v~=~ if there ~.~ere any objections to the re-zoning. No objection ~,~as heard or ffi'; :-~d. ~n ' . ~- ,~.,.unczl~;an Dou~s moved to rezone the above described property fron~ ~,;.~sir'i-,N~a! (l},-[) to Commercial, presentin{ the fo]_lo~n~ Orc]inance and moved its adoption and ~ounc~l...an Hunt ~m.s put to a vote and unaT~ously adopted. O',25~CE ~}'~{G O~ECE NO. 271, BL,~.,., ~ O~eD~CE ~':ST~LISH!NG dONIN',I i~EG~ATIONS FOR i~E CITY OF OKEECHOBEE, FLORIDA, ~D PROVID~G FOR THE ~MINIS~ATION, ENFORCE~,~NT ~ ~'{~DM~T ~{~EOF P~SU~T TO THE PRO~SIONS OF ~TER ~76, FLOi~A STATUTES,1, p~.e~ 'i,~{~EAS, application has been ~de by l{obert and Colette Cardon and Arthur J. and "~eresa Cardone reauestin~ this Council to rezone fro~r~ Residential (R-2) to Cors~ercial, Lots 1, 2, ~, ~, 6, 7 t~oudh 12, Block ~3, Or~_~nal To~n of Okeechobee, and '~,~{Et~S, notice o~ intention to a~:end City Zoning Ordinance No. 271, r~dard~g said applicatior~ was duly published according to law, and ~.,~E~E~, on the 7th day of J~uary, 197~, a public hearing was held in the City Council roo~, pursuant to said. notice, and kH~EAS, it is deemed to the best interest of the City of Okeechobee ~o grant said application; now therefore t~;~ IT ORDAZN~ BY ~E CITY CON~CIL OF ~E C~TY OF OKEECHOBEE, ~ORIDA: S~,3CTION 1. ~a~, ~ots 1, , ,_,, ~, 6, 7 through 12, Block ~3, Ori~nal ?o~znr',~ Okeechobee, be and is hereby ~ ,- ~ re,on=(, from ~sidential (i{-2) to ~on~=:~ ..ial, effective Janua~ 7, 197g. SECTION 2. ~nsu~- the aD~lication~ ~ recuestin,q redoing. _ .. and proof of aub!ic~tion Co amend ~ouimg Ordinamce No. 27] published in co~ection ?zith ~he above ~,, ' ~' ~.~ulicaoion be attachec] to this ~dinance and become a part ~-ereof. .... C~,h ~. ~at the City Cle~ make the appropriate chancre on the_ City Zozine M~p in accordance ~ith this Ordinance. PISSES A~ ~OPT~ th~s 7th day of Januaz~y, 197~. (Seal) i{us sell Domer P~LESIDENT CITY COUNCIL ATT~SI: Samdra Bennett CITY CLERK APPRO%~D BY ~CE THIS 7TH DAY OF JANU~tY, 197~. Audley Dunham ]-~AYOR ~llie Bunn was reco~maized. He reported that Block 2~ in Deans Court owned by Willie Taylor ~.~s~~ cre~tin~~ , :~ a health ha.~zar~.z ~ ~. Bu~ stated that tilere were ani~als, ju~ked 8~1~o~. + '~b~ ~eo,,~ i, ~., on the prooerty., l.'!r. ~ray, Buildin5 Official, was asked to report.._ tie sC~t~ +,hat 2ir. Taylor h~d been summoned to court for the offence in the past but Mr. Taylor ~m~! i-~o-,e,4' ~,h.,~ '~ecision of ~she co~t. After discussion the Council referred the matter to us~o~.~, _ Du~i ....... ~n~'~ Buil Hin~:~ Of~ic~a! ..... Sprav~ for investigation. Dr.~l. M. llliller,_ Veterian, was reco~i~ed. He requested a license %o operate an out patient vete~'ian clinic at 701 E. ,S. Park Street. Dr. l~iller was ouestioned if there vzould be any ~ma].s 1 :lC over ~ht at the clinc %o cause a disturbance. Dr. filler answered that the aninals ~oul' be treated and taken home except in dire emergencies. {[hey would then be hea~ly seda'be~] .brough the ~ght. Attorney Conlon suggested that if a~reeable ~th Dr. ~ller, an a~eement colll.d be si~Ned stating if s%lrsr'o!?J!} ~ residences co~laint of any disturbances, l~s license ~ould be revoked Dr ~' ~,' i'll!er a~eed to the su.s~ested a:Neement Donald Burk ,,~as reco~zed. He inouired how ma~ coi~laints would be req~red. He suggested a survey of the surroumding r:.rea, ~ettin;.] the residences approval ~ter more 5iscussion, the Council a~eed ...... ,,,,,,. .... . . , / ! I I1' I to set up a hearing Tuesday, January lh at 7:00 P.M. The Council authorized notification of the hearing be served to residences within a radius of three blocks of 701 E. S. Park Street by Buildin~ Official Spray. Mar~n Arrants~ Manager of Florida Power and Light Company was reco~r~ized. He inquired if the Council had made a decision on renewing the present franchise which would expire in October 1776. The Council informed i'~. Arrants that no decision had been made. The Council a~ree~! to set up a meeting Tuesday, Janus~y 28, 197~ at 6:30 for study. Arthur v ~. ~c~=mll was present regarding a lot he had a tax deed on and was denied per~ssion to buildi~ a house on it due to zoning re._g~ulations. The Council informed Mr. ~'~cGill that the City regulations had to be abided by. Boilding Official Spray submitted the quarterly um.aomng Department report ~hief of Police, De~..~itt Staats sub~itted the monthlM activity report for the month of December 1872. He voiced his appreciation to the Council for their vote of confidence in re- avpcintin?., him as Chief of Police for another two years. .~hief Staats stated that in September the Council discussed appointing a position of Sergeant ll in the place of Lieutenant. He recommended pror~oting officer Ray Stone as Sergeant ~ 1. Council~an Bass moved to promote i~ay Stone to S-~-~ean~ 11, seconded by Councilman Douglas and carried. '~ne Fire D~partment monthly repoz~ for December was submitted. Chief Godwin presented ~ ' ~' mre~.~an ~ After reviewing application~ an o.pplmca~,mon for employment from Robert Carroll Dean for F' . . Coumcil~an Betts moved to erloloy Dean as Firer~an ~ at $~ 2~.00, seconded by Councilman Hunt and carried. Director Fortner presented the Water, Sewer and Street Departments monthly report including water, sewer rates, water, sewer tap fees and deposits from Phokee, Belle Glade, Clewiston and I%ore Haven. ?~morandum No. 1 - Stock Items needed at the water plant at $2,739.23. Councilman Hunt moved to authorize Director Fortner to purchase stock items~ seconded by Councilman Douglas and carried. ?~morandum No. 2 - F~stimated cost per lO00 gallons of water in clear~ell for December, [.~morandum No. 3 - Clearing street right of way by Spencer Kirton for $8~0.00 for the ~ . Push trees in right of way of N.E. l lth Street $300.00 2. Clean ditch and load trash along I[.W. 7th Street and $300.00 N.W. 2n~t Avenue. 3. Clean and load trash within right of way of N.6'~. 1 3th Street west of Parrott Avenue to TM ~ .... ~. 3rd Avenue Council~a~i~ Douglas stated that it would be cheaper to hire ~it done and moved to authorize the street right of way cleared by Y~rton at ~ $8~0.00, seconded by Councilman Bass and carried. Director Fortner reported that the Street Department crew was instructed to open the drainage ~itches between N. W. 9th Street and N.i~. l[th Street. ;fhen the machine operator had arrived he was told to leave by Parker Abney. After discussion, the Council requested Director Fortner to contact Mr. ,~ney. An application for e~loyment fromRoy Reno for 'the water department was presented, for consideratiom by- Director_ Fortner. After re,riewin~ the application, ~ouncm~lan~ '~ Hunt moved to er~oloy Reno, seconded by Council~n Be-his and carrm:::a.' '~'~ A satisfacto~r er~loyee performance evaluation on Forrest R. '.~ner was presented by . Direc[,or Fortner. He commented on the evaluation that Gainer will co~lete his six months probation period January 29, 197~, is a good e~loyee and is intereste~ in his job. He reco~ended Gainer be promot:.d to Notor Eouipment ~erator ~ and t~.s sata~ increased to Sho0.00 per year. Councilman Dou~lr~s moved to approve ~rector For~,ner's reco~'~endation, seconded by Councilman Betts and carried. A conditional e~loyee performance evaluation was also presented by Director Forbner on Uordon ']rooms in the S~;reet Deoart~-aent. ~rector Fortner co~-~r~ented in the evaluation that ~coo~ does not do his share of work, comes in late and is causing friction witch the Department. tie recomr.':ended Groor.~s be ter~nated. ~ter 5iscussion~ Councilman Dou61as moved to instruct .~rector Fortner to give Grooms t~o weeks to i~rove his position . If after that time he continues as before and is not working out satisfacto~ to ~ive him notice, seconded by Councilman Bet ts ~md carried. President Domer read a letter frora Candeub, ~e!sig and Associates regardins a 100% ,,~ .... h can b~ used ~or Coramu~.Lv development acti~ties Letter ordered "'~ Federal srant ~-,~ ~ President Domer reported the follo~{ing schedule fop re:~l~ City Council meetings to be published in -~,}~e Okeechobee News. Februar~,f 11, 197~ April 8~ 197~ June 10~ 197~ Piarch 11~ 197~ }~y 6~ 197~ ~ abox,~ staisfactory e~loyee evaluation on ,~!~a Christian, Deputy Clerk, was submitted by City Clerk Bennett. She co~ented that Hrs. Christian is doin~ a fine job, is always on the job and has the ability to learn. She reco~'.~ended her sala~ be increased to $[~00.00. ~uncmzr~.an'~ ~ Hunt moved to increase Christians salary, seconded by Councilman Bass and ~ abow~ satisfactoz~r employee evaluation on [Jail ~r~s, City Clerk Assistance, was also submitted by Clerk Bennett. ~',mo. Bennett con'~tented on ohe evaZuation that Hrs. Purv~s was an -oert time e~!'~yee but had proved herself to be valuable. Hrs. Betmett reco~:ended that she be e~loye5 full 'time an~ her salary be increased from $1 00.00 her week to $11 [.38. ~ter dis- cussion, Councilm.~n Hunt moved to e~loy l'~s. ~r~s for an additional t~ee months at $~ ] ~.38, seconded by Counc~ltr~.an Betts and carried. Presider'~t Domer discussed-~.~m'~,~h the Councml~ ' pa~=mn~' the Okeechobee Chatter of Commerce $2~.00 to defer e~nenses for Christms decorations. Councilman Betts moved to co~ensate the ~amber of Co~xer~e $2~.00, seconded by Councilman Bass ~d car~ed. Clerk B.~ett resorted that Steve G. Kohn, Okeechobee Co~ercial ~'~ ~'mna~ser for the U~te5 Te!e~hone .~o~a. ny had reouested information regar~ng persons or agencies who are exert from Oa~n6 uhi]i .y t~ on their telephone bil~s. }-~6ter referred to Attorney for reseamch. ~_recto:' FortHer report~a that ti. B. ~ ,~ustafson~ oonsultant of ~rater and ~aste treatment~ .~ ~nt~.t~.ve of Westinqhouse ~lecorzc uo~ora~mon, n.,.mlco ~sion, was supposed to be here this week to 't~,~ ;,o demonstrate that the clearifyer :,rill operate as stated in the ori~n~ contract. Direc[,or Fortner reported that the new c!earfyer res peeling and had notified Robert Z. ~,.ren u~ ~socia{.ss, Inc. of the situation. Don Shenherd, ~neer of Robert E. O,~en ~ Assoc., Inc , ......... .... ....... ,, had inves-!~igated the co~plaint and had notified Bi~ Four Corporation '.that correction must be made if they are responsible. A letter was read from the Department of Polluction Control inforr~ng the City that the honorary operation permit for the City of Okeechobee sewage treatment plant e~ired November ?, 1971 and the Dlant has been operating without a valid per~t since that time. Since the City has been operatin~ the plant in ~olation of ~orida Statutes and ~partment rules, an a~plication for a new permit faust be filed. If the plant is ac~e~n~ the required removal o~' Do!lutants, t~e a~lication should be for an operating perr~t. ~is is in ~iolation of ~o~_da S~atutes ~apter h03.087 and ~ha~t~r !7-[~.03 Prior to si~ty (60) days before the e~iratio~ of a~f Department per,t, the per~ittee shall apply for a renewal of a perz~t on forms anal in amanner ~rescribed by the Department. ~rector Fortner stated that the D~partment rem~rke~ iu the letter tha'~ the corplete~ a~plication, includin~ al~ necessa~ co~ents~ must be sub~f,~ed ~o ~he Fort Pierce Subre~on Office ~thin t~rty (30) days. He ~rther stated that Don Sheph~'d~ ['~gineer of Robert E. ~en ~% Associates, Inc. was ~oing to corp!ete the spplication for the C~y. ~er~mz~_cate of ~ection forms was ~scussed. ~e ooancml authorized Clerk Be~ett'-to o~.~rchase ~-al!et size cer,~_.mca~zons for the newly ~] =~+~ officers of the City. ~e Council requested ~'~yor Dunham to contact the Department of the Army, Co~s of Fm~ne~-~rs ~e~arding the odor in Taylor Creek. ~ouncmmnan Botts zno~rec if the City had received any word from the Department of . T I ~ ~' " · Tras~lnorta hion on the reoues% for "No rucx Farxmn~ si~s along S.R. 70 and h[l Director Fortner stated that a ~.,~ritten per~ssion had not been received. Council referred matter to Attorney Conlon for investigation. ~e CoUncil discussed the north e~t of the Royals Shopping Center Nest of Okeechohee entering 8 th Ave. creatinq a traffic hazzard. Ho action taken. Upon motion the Council adjourned to meet Janua~ ~ [~, 197~ at 7:00 P.M. Pih,S[DENT C~i~ CITY CLE~ January The City Council of the City of Okeechobee, Florida~ met in a recessed session on the above ds~e at the City Hall at 7:00 P.M. with the following .oresent: I~yor Audley Dunham, President Pro-Tem E. H. Hunt, Councilmen: Edward W. Douglas, Clif C. Botts, Jr. and Lavon Bass. '- Also ores,-,~nt were: City Clerk, Sandra Bennett and Attorney, David M. Conlon. ! Pursuant 'to notification to affected oersons in a two block area of 70] East South Parlf Street of apub!ic hearing for the purpose of recei'ving public comment on issuance of an Veternary hoopm,~l occupational license to Dr. J. M. I'~!ler. President Pro-Tern Hunt asked if there were any objections to the requested application. The ole_.k reoorted ~ritten objections received frown: Thomas Worley, Jessie and Herman l~Larsh, Dona]..~ Juanta and Dale Burk and Clyde McCrocklin.