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1975-04-22 Regular1836 Ashland Chemical Company Allied Chemical L. ton. 4. A. ~bon 27. ~ 6.~ ~as ~lorins (Tons) 14.95 The Council requested Director Fortner to tabulate bids and return a recommen- dation, &fte~which Director Fortner returned and recommended the bid from Apperson Chemicals, Inc. be accepted. Upon recommend&tion of Director Fortner, Councilman Hunt moved to a~rd the bid to Apperson Chemic&Is, Inc. be accepted, seconded by Councilman Betts and carried. There bein9 no further business, The Council adjourned to meet in a recessed meeting Tuesday, April 22, 1975 &t 7:00 P.M. C~TY CI~RK April 22, 1975 The City Council of The City of 0keechobee, Florida, convened in re§ular session at the City Hall this 22nd day of April, 1975 at 7:00 P.M. Those present were President Russell V. Domer, Councilmen: F.. H. Hunt, Edward W. Douglas, Lavon Bass and Clif Betts, Jr.. Also in attendance were: City Clerk Sandra Bennett, Attorney David Conlon and Director of Public Works, L. C. Fortner Jr. President Domer opened the meeting with invocation by Councilman Bou~las. Mr. Lothian Ager and Mr. Vergil L. Hayes were first on the agenda. They reported that maintenance operation of The City in respect to edging of sidewalks and application of chemicals to control the growth of grass on South West 3rd Avenue and South of South West 8th Street have caused undue damage to oak trees along the sidewalks. President Domer stated that Mr. Hunt, Director Fortner and himself had inspected the trees earlier. President Domer also stated that the label on the container of chemicals implied that the chemical could be used near valuable trees. [ Director Fortner was asked to report, ire stated that the salesman would be in 0keechobee T~ednesday to inspect the trees. The Council informed Mr. Hayes and Mr. Ager that they ~ould check into the matter and report their findin[s to them. A representative of High Chapperal Music Den was next on the agenda. He requested an occupational license for a mobile retail sales in Dean's Court. He stated that High Chapperal had licenses in Indian River County, Fort Pierce, Fellsmere County and 0keechobee County. He informed the Council that there wouldn'~ be any soliciting house to house. The Clerk was directed to issue High Chapperal Music Den an occupational license. Mr. John Clark, Chief Engineer of United Telephone Company was recognized. He stated that their Attorneys, Henderson, Franklin, Starnes and Holt had informed them that they had 1837 researched the procedure set forth in the September 10, 1974 m~nutes regarding an encroachment in Block 69. *-~e Florida indicated that a City may in certain cases allow an encroachment on a public street or alley way, but may not completely close it off for private uses. They suggested an alternative of vacating the alley way and requiring at the same time the Telephone Company to convey back an easement over any area needed for installing future water or sewer lines. President Domer informed Mr. Clark that when an alley way is abandoned, it reverts back to the proprietor of the heirs of the property. He inquired if their attorneys had a complete title search on record. Mr. Clark assured the Council that a full title search had been completed. After de- bating the advantages and disadvantages of e~osi~g the alley, Councilman Hunt moved to abide with the decision made at the September 10th meeting, seconded by Councilman Betts and carried. The Council directed Attorney Conlon to prepare an encroachment agreement, giving the United Telephone Company the right to fence and pave the alley way in Block 69 with the stipulation, that the City has utility access to the alley. Mr. William R. Krattiger and Mr. A. W. Tarpley appeared before the Council. Mr. Krattiger informed the Council that he owned a fruit and vegetable stand on 8th Avenue. He stated that at the time he applied for a lic~mae, he was told he had to have rest room facilities and property insurance before he could obtain a license. He also stated that there were people selling fruits and vegetables on East Pakk Street that doesn't have the facilities or license he was required to have. President Domer informed Mr. Krattiger that Ordinance No. 188, Section 12-15 of The Code of Ordinances states all farm and grove products shall be exempt from all forms of license requirements ~hen the same are being offered for sale or sold by the farmer or grower procucing said products. Attorney Conlon reconmmnded Mr. Spray examine the Code to see if there were any violations to the Code. !After discussion, the Council informed Mr. Krattiger the situation v~uld be researched. Amending the age of eligibility from 21 to 18 in the Employees,Police and Fire Pension Plan Tlust was discussed. Councilman Betts mdved to amend Section 2.1, Qualification, S~h-Section (b) to read (b) is at least 18 years of age and is not more than 56 years of age, retroactive to January 1, 1975, seconded by Counci]man Bass and carried. A statement from Indian River Co~;u,~,0nity Gollege for The Okeechobee Police Department's )rorata share for their budget period from January 1 to June 30, 1975 for the Regional Grime Laboratory in the amount of $354.52 was discussed. President Domer stated that he would inform Terry Miller, Director of Municipal Services that '~he City did not budget an amount for this service but would consider it for the 75-76 budget. Councilman Bass discussed the County leaving animals at the pound without contacting the City, s Dog Warden of the condition of the dog. President Domer remarked that if a dog was rabid, the City's Dog Warden wouldn'tknow about it. After more discussion, President Domer and Councilman Bass agreed to contact the County, s dog warden to work out a schedule on leaving animals at the pound and other matters relating to the operation of the Dog Pound. O~eeAirCo Cablevision was discussed. President Domer stated that he had been informed that the County will go along with any decision the Council makes. It was pointed out by Attorney Conlon that OkeeAirCo had send a $5,000.00 bond which only guarantees the payment to all material men and laborers engaged in construction instead of guaranteeing the commencement and successful completion of construction by a given date. Attorney Conlon was directed to contact Mr. Atwell advising him of the matter. 1 ...... I 'i ' Il .... ' 1838 Attorney Conlon read Ordinance Number 375, an Ordinance amending Section 29, of Ordinance No. 230, Code of Ordinances, City of Okeechobee, Florida, being an ordinance re- lating to the use and operation of taxicabs, or automobiles for hire, within the City limits of the City of Okeechobee, Florida, providing for the issuance of a permit for the use and operation of taxicabs, or automobiles for hire, within the city limits of the City of Okeechobee, prescribing the conditions under wkich such permits and licenses shall be issued and prescribing penalties for the violation of this ordinance. Ordinance Number 375 was declared read for the first time upon a motion by Councilman Betts, seconded by Councilman Bass and unanimously carried. Councilman Betts reported that due to the dry season and the danger of fires starting he recommended the Mayor issue a proclamation against open burning. The Council agreed with Councilman Betts recommendation and directed Mayor Dunham to issue a proclamation. The Clerk presented the maintenance agreement from Motorola Communications and Electronics, Inc. on three base stations at $16.30 each month, three portables at $7.75 each month and 11 mobiles at $8.50 each month with normal installations at $46.00 each and normal removals at $6.75 each. Councilman Hunt moved to approve the agreement, seconded by Councilman Betts and carried. Councilman Douglas reported receiving complaints on the amount charged for wrecker service. After discussion Councilman Bass was requested to negotiate with the Stations on lowering their prices for the City. Councilman Betts reported receiving complaints on the hazardous exits into S.E. 8th Ave. adjacent to and paralleling the North Shore Plaza Shopping Center. After discussion, The Council authorized Director to baracade the area by placing post and cable in the restricted area. Councilman Bass inquired in the City was allowed to use the prisoners in the City jail to clean around the City Hall. President Domer replied that the prisoners could work if they volunteered to do so. He stated that he would check with the Jailer, Chief ~odwin about getting some prisoners to do the cleaning. Councilman Bass reported receiving a complaint from Warren Ferebee, Real Estate at 221 E North Park regarding automobiles parked all day in the Oustomers parking area. After discussion, the Council agreed to contact the County Road Department to find out if a restric- tion could be placed on a public street. There being no further business, the meeting was adjourned.