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1976-02-10 Regular1934 0~ECHOBEE, FLORIDA POSED ON PROPERTY: FEBRU~Y 5, 1976 BY BUILDING OFFICIAL ~ application for a city occupational license from Mr. Lee Sullivan to sell doughnuts , coffee and soft drinks from a trailer at ]O0 S.E. 8th Street. The Clerk informed the Council that the Health Department had approved Mr. Sullivan's trailer. After discussion, the Council referred the matter to the Building Official to advise Mr. Sullivan of the City's Ordinance on trailers in the City limits. The Clerk a~ounced that a meeting with the City Auditor, Mr. Lee Thomas, was scheduled for Tueaday, January 27, 1976. Councilman Betts inquired of Director Fortner what action had been taken to correct the depth of a ditch at the intersection of S.W. 3rd Avenue and S.W. 10th Street. He stated that he had been informed that children were playing in the ditch. Director Fortner remarked that the County owns the right- of-way but that the ditch is inside . the City limits, the street was originally a part of the state secondary road system but was turned over to the County for maintenance. After discussion, Councilman Hunt moved to auth:erize Director Fortner to take the elevation of the ditch and take whatever, action needed, seconded by Councilman Betts and carried. There being no further business, the Council adjourned. ~ P~SID~NT CITY COUNCIL CITY CLERK v February 10, 1976 The City Council of the City of Okeechobee, Florida, convened in regular session this lOth day of February 10, 1976 at 7:00 P.M. at the City Hall wit.~~ the following present: Mayor Audley Dunham, President Russell V. Domer, Councilmen: E. H. Hunt, Edward W. Douglas, Lavon Bass and Clif Betts, Jr. Also in attendance were: City Clerk Sandra Bennett, Attorney David Conlon, Director of Public Works, L. C. Fortner, Jr., Police Chief Edward Chisholm, Buildin~ Official Richard B. Spray and Fire Chief 01en Godwin. President Domer opened the meeting with prayer by Councilman Douglas. Vouchers on the following funds were approved: General Fund $ 34,739.96 Water and Sewer Operation & Maint. Fund 20,714.74 Minutes of previous meetings held December 23, 1975 and January 6th, 20th, 1976 were approved on a motion by Councilman Betts, seconded by Councilman Bass and carried. It being the hour of Seven O'Clock and pursuant to Notice of Public Hearing of proposed Ordinance Number 377, an Ordinance amending Ordinance No. 298 as amended by Ordinance No. 348, Code of Ordinances, City of Okeechobee, Florida, 1935 promulgating the rates to be charged for use of the Municipal Water Works System, and providing an effective date thereof, Attorney Conlon read said Ordinance for the third time and was placed on its final passage. President Domer asked if any one present objected to the Ordinance. Those objecting to the propos, ed Ordinance were: Mr. Stanley Andricks, Mrs. Gerald Walk and Mr. Mickey Ross who stated that ~hey felt the Council was discriminating against the people who lived outside the city limits. Mr. William Beard, owner of Bet-Her Acres Water Company questioned if all owners of three inch meters will be charged the new rates. Director Fortner assured Mr. Beard that everyone will be charged the new rates. After more comments and discussions, Councilman Betts moved to adopt Ordinance Number 377 upon the third and final reading, seconded by Councilman Douglas and carried. Pursuant to Notice of Proposed Ordinance Number 378, Attorney Conlon read said Ordinance a third time in full and was placed on its final passage. President Domer asked if there were any objections to the proposed Ordinance. No objection were heard or filed. Councilman Bass moved to adopt Ordinance Number 378, seconded by Councilman Betts and unanimously carried. Attorney Conlon read Ordinance Number 579, an Ordinance amending Ordinance No. 292, as amended by Ordinance No. 347, City of 0keechobee, Florida, by providing an increase in tappage fees from $75.00 to $100.00; and by amending Section 2 thereof providing an effective date. It was moved by Councilman Douglas and seconded by Councilman Bass that Ordinance Number 379 be declared read for the first time. The Motion was carried unanimously. Attorney Conlon read Ordinance Number 380, An Ordinance amending Ordinance No. 289, Code of Ordinances, City of 0keechobee, Florida, promulga- ting the rates to be charged for the use and services of the Municipal Sewer System of the City of 0keechobee, Florida and providing an effective date thereof. It was moved by Councilman Douglas, seconded by Councilman Bass and carried that Ordinance Number 380 be declared read for the first time. Mrs. Judy Pittman was first on the agenda. She requested a hardship exception to set up a trailer within the city limits. President Domer stated that pursuant to Ordinance Number 318, which states that house trailers may be permitted in any zoning district on a temporary basis up to six months and recommendation of the Mayor. The Council referred the matter to Mayor Dunham for investigation. Mr. Larry Williams, 1304 S.W. 11th Drive, appeared requesting South West 11th Drive be opened to the public for easier exit. He presented a petition signed by six people in favor of opening 11th Drive. President Domer asked if there were any present objecting to the request. Mrs. Roy Pearce was recognized. She spelled out in detail her opppSition and asked that the City deny the request. The Council agreed that action be deferred on this item until February 24th meeting to give the members of the Council time to view the area. Councilman Douglas suggested erecting a dead end street sign at the corner. The Council agreed with Co~uacilman Douglas recommendation. Street Superintendent, Frank Bennett suggested the Council might consider opening 14th Street. President Domer stated that the Council would take the suggestion under advisement. Mr. J. 0. Pearce, Sr. was recognized. He reported that there great deal of speading on S.W. 15th Street and requested patroling in the area. The matter was referred to Chief Chisholm for investigation. Mr. Lee Sullivan~ 55 Buckhead Ridge was present requesting a City Occupational License to sell doenuts, coffee and soft drinks out of a trailer at 100 S.E. 8th Drive. He stated that the Health Department had approved his trailer. Attorney Conlon was asked to report. He informed the Council that City Ordinance prohibits trailers being used within the city limits excepting for hardship cases, for construction uses and for Governmental uses. The Council agreed to deny Mr. Sullivan's request. A rezoning application was received from Hazel Williams requesting that Lot l, Block D, Oak Grove Addition from Residential (R-l) to Residential (R-D) for the purpose of constructing ~w~-,tw~ ~story garden apartments for rent. Councilman Douglas moved to approve the advertizing, seconded by Councilman Bass and carried. Mr. James Dykes was recognized. He questioned whether the City was going to open West 7th Ave. as the canning factory was demolished. He stated that he understoon if ever the building was torn down, the street would be,o~ned. President Domer informed Mr. Dykes that the matter was being investigated. Bids on the electronic accounting machine opened St the January 20th meeting was discussed. Mr. Woody McDuffie was present to answer any questions the Council might have and to explain the operation of the stripe Ledger machine. Councilman Betts moved to purchase the Burroughs striped ledger maahine and to pay the full amount if funds are available, seconded by Councilman Bass and carried. Attorney Conlon was asked for his items of business. He remarked that he wanted to bring the Council up to date on Mr. Spray's proceedings on the condemnation of the Wherrell building on 805 N.W. Park Street. He enumerated the steps Mr. Spray took when he first condemned the building by Southern Standard Building Code, Electric Code and Health Standards. The City then agreed to procure Fort Pierce's Building Inspector~ Mr. Frank Hogan to inspect said building to assure interested parties of no personal feelings. Attorney Conlon expounded that after receiving Mr. Hogan's recommendations, Mr. Wherrell had met with the City Council and agreed to comply with the four items Mr. Hogan had listed but not with the two suggestions. Attorney Conlon stated that Mr. Spray had publicly taken the position that all six items in Mr. Hogans letter must be complied with. It was pointed out that Attorney Conlon spoke to Mr. Hogan in ~n effort to determine whether Mr. Hogan meant his letter to be interper- ted as requiring all six items be complied with or four with the last ~o being 1937 suggestions. Attorney Conlon then pointed out that Mr. Spray had interperted the suggestions as requirments; had failed to inquire of Mr. Hogan; had taken an incorrect position and would not change his position. He stated that the two suggestion were not contained in Mr. Sprays prior notice to the owner of the building and that to proceed to close down the business on the basis of two newly raised items would be a procedural mistake. He also stated that Mr. Spray should start the proceedure over and include all defects in his notice to the owner. Attorney Conlon informed the Council that he agreed with Mr. Hogan that the two items, even if in the notice, were of a very questional basis for closing the business. He then informed the Council that he had just recently learned of Mr. Sprays intention of padlocking Adrian's Grocery and had been notified of pending litigation against the City by Mr. Wherrell. Mr. Spray interjected at this time that he would like authorization from the Council to get another Attorney's opinion on the matter. Attorney Conlon reminded Mr. Spray that he had suggested to him previously to obtain an out of town law firms opinion. He pointed out to Mr. Spray that Mr. Wherrell had complied with all four items recommended by Mr. Hogan. Mr. Spray exclaimed that it wasn't practical for a business to be held up by cables. Members of the Council questioned Mr. Spray on the steps he had notified Mr. Wherrell that he had to c~mply with. Mr. Spray then presented the Council with Frank Hogan's letter. President Domer read the letter afterwhich he called for a vote from each member of the Council to determine whether Mr. Spray would be authorized to contact another Attorney. Councilman Betts voted "Nay" Councilman Hunt voted "Nay" Councilman Douglas voted "Nay" President Boner voted "Nay" President Domer inquired of Mr. Spray's decision. Mr. Spray informed the Council that he would notify Mr. Wherrell by registered mail that he will drop the proceedings and he will be allowed to stay open as long as he wants. Building Official Spray pointed out that due to the death of one of the Board of Adjustments and Appeals, Mr. Carl Close, theCouncil needed to appoint another member. He stated that the Council had appointed several alternates for such cases.as this and recommended Mr. Ira Sheppard as a replace- ment. Councilman Bass moved to appoint Mr. Sheppard for a term of two years, seconded by Councilman Betts and carried. Fire Chief 01en Godwin was asked for his items of business. He requested authorization to make the extra room at the bakk of the new fire building a private office instead of a storage room as ~-~previously planned. He stated that he would need a desk and telephone extension. He then requested an intercom telephone system for the fire department. Councilman Bass moved to authorize the extra room as a private office, seconded by Councilman Betts and 1938 carried. Action was postponed on the request for the new telephone system. Chief Godwin inquired about connecting electricity to the new fire building. Underground wiring or overhead cables was both discussed. No final decision was made pending conference with the Florida Power and Light Company. Chief Godwin recommended the Council adopt a Resolution banning open burning with the city limits. After discussion~ Councilman Betts moved to direct Attorney Conlon to prepare a Resolution banning fire burning effective in full force until repealed by the Council, seconded by Councilman Bass and ~ ,~ carried. Attorney Conlon discussed obtaining easements along SR 441 for the 24" water main. He informed the Council of two ways in which this could be acomplished. One way is to have a surveyor draw up plats and have an up dated abstract on the property or to issue quick-claim deeds. After discussion, the Council postponed action and requested Attorney Conlon to investigate the matter throughly and make his recomendations to the Council. Director Fortner was called upon for his items of business. 1. He presented the Water, Sewer and Street report for the month of January 1976. Memorandum Number ] - Estimated cost per gallon of water in clear- well, total gallons pumped and cost per 1,000 gallons for January. Memorandum Number 2 - Stock items for water plant, $2,123.00. Councilman Hunt moved to authorize the purchase of items as listed, seconded by Councilman Bass and carried. 2. Specifications on water meters was presented for the Councils authorization to advertize for bids. Councilman Hunt moved to advertize for bids~ seconded by Councilman Bass and carried. 3. Director Fortner informed the Council that the air blowers in the Sewer Plant are beyond repair and should be replaced. The City can either purchase three new blowers to replace the old ones at $~,200.00 each or purchase two at ~7,000.00 each that operate more efficiently and have less parts to replace. This would cost approximately $14,O00.00 plus pipe cost to connect the air blowers to the digestor, and Engineer fees to draw up specifications. After discussion, Councilman Hunt moved to authorize the purchase of two air blowers~ seconded by Councilman Douglas and carried. President Domer stated that Civil Defense Director, Clyde Kauffman, had requested the City to adopt an Ordinance providing for protection from radio active fall out in new city buildings and in additions to existing city bm~ld~ngs. He then read said Ordinance for the Councils consideration. Councilman Betts moved to adopt Ordinance Number 38], seconded by Councilman Bass and carried. The City Clerk was asked for her items of business. ]. She requested authorization to attend the Florida Association Municipal Finance Directors and City Clerks annual conference April 4th through 1939i the 8th in Orlando, Florida. Councilman Betts moved to authorize the Clerk to attend the conference, seconded by Councilman Bass and carried. 2. The City of 0keechobee's Financial statement for the year ended September 30, 1975, audited by McA~pin, Curtis and 0'Haire, Certified Public Accountants and a report with their recommendations for the Councils consideration was presented, along with the Chief Executive Officer, Mayor Dunham's written statement of explanation to the City Council concerning the Auditor's comments. President Domer informed the Council that after Mr. Hunt, Attorney Conlon, Clerk Bennett and himself discussed with the Auditor, the Council taking action to either provide for repayment the loans between the Water and Sewer- Fund and the General Fund or to consider the loans as a contribution of Capital, theCouncil should decide which course to take. Councilman Hunt moved to confirm that the City's past intent was that money transferred from the General Fund to the Water and Sewer Revenue Fund was to be considered a loan with no interest charged, payable on demand, seconded by Councilman Betts and carried. The City Clerk informed the Council that a balance of $7,366.36 was left in the Water B~an~,~mprovements Fund Account after all payments had been made. She stated that in order to comply with the provisions of the revenue bond ordinance which states "when the construction of the project has been completed and all construction costs have been paid in full, all funds remaining in the account, shall be deposited in the Sinking Fund." She stated that an amount of $4,986.31 was borrowed from the General Fund and requested authoriz- tion to repay the loan. Councilman Bass moved to authorize the transfer of $4,986.31 to the General Fund and deposit the balance to the Sinking Fund, seconded by Councilman Betts and carried. An agreement f~r professional services from Robert E. Owen & Associates, Inc. to prepare plans, specifications, contract documents and apply for approvals for the the installation of air diffusers and air supply to convert the sewage treatment plant sludge digestor to an aerobic facility was presented for Councils approval and execution. Councilman Hunt moved to accept the agreement, seconded by Councilman Bass and seconded. President Domer reported that Okee Glass & Window Company at 619 E North Park Street had a water line break under the building and had requested an adjustment on his sewer bill. The bill was $38.50. Council approved to charge off $31.80 from his sewer bill. Frank Bennett, Street Supervisor, was recognized. He presented his resignation effective February 26, 1976. The Council accepted Mr. Bennetts resignation as of February 26, 1976. President Domer reported on his meeting with Sam Merion, President of 0keAirCo., Inc. He stated that Mr. Merion requested an extension of their franchise for ten years. He informed the Council that he would meet with the County Commissioners io ~receive their approval on the extension if the Council approves. The members of the Council agreed with President Domers suggestion. 1940 A letter to Mr. Ron Pitts, S.C.M. Post Master, United States Postal Service from Mayor Dunham w~s read, requesting a meeting from their staff to help plan a safer entry and exit at the Post Office. Monthly reports from the Police Department, Fire Department. and three months water, sewer and general departments revenues and expenditures were presented. There being no further business, the Council adjourned. PR~SIDENT CITY COUNCIL ATTE ST: ~ CITY CLERK - SANDRA BENNETT Regular Meeting Tuesday, 7:00 P.M. The City Council of the City of 0keechobee, Florida, convened in regular ses- sion in the Council room at City Hall, 0keechobee, Florida, on Tuesday, February 24, 1976 at 7:00 P.M., President Russell V. Domer presiding. Mayor Au~ley Dunham, Councilmen E. H. Hunt, Edward W. Douglas, Lavon Bass and Clif Betts, Jr. were present. Others present were Sandra Bennett, City Clerk; David Conlon, Attorney; L. C. Fortner, Jr., Director of Public Works; Olen Godwin, Fire Chief and Edward Chisholm, Chief of Police. The invocation was offered by Councilman Douglas. PUBLIC HEARING - REZ0NING Pursuant to a public notice published February 5, 1976 the meeting was opened as a public hearing to consider the request of Louis DeMicco to amend the zoning map by changing the zoning from Residential (R-l) to Residential (R-2) on property located on Lots 1, 2, 4, 5 and 6, Block 29, McMullins Woodland Park, Original Town of Okeechobee. President Domer requested City Clerk Bennett to read the minutes of August 26, 28, September 25 and October 7, 1975 pertaining to Mr. DeMicco's requested rezoning. He then asked if there were any objections to the requested rezoning. Mr. Emil Sales was recognized. He presented a notarized petition signed by twenty eight property owners and a notarized letter from Mr. James 0. Attaway who owns 49 10ts in the area, opposing the rezoning. Others protesting the zoning were: Mr. Gary N. Bohannon, Mr. G.E. Bryant, Jr., Mrs. Melba Louthan, Mr. George Dempsey, Mr. J.T. Hall and Mr. and Mrs. Donald? Shaw. Attorney Tom Conely was recognized. He informed the Council that he represented Mr. DeMicco. He stated that Mr. DeMicco has been an 0keechobee residence for three years and is interested in 0keechobee as everyone else. He pointed out that what Mr. DeMicco has build is a credit to the area and wished to preserve the integrity of the neighborhood. He concluded that spot