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1976-02-24 Regular 940 A letter to Mr. Ron Pitts, S.C.M. Post Master, United States Postal Service from Mayor Dunham was 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 pres ent ed. There being no further business, the Council adjourned. PReSiDENT CITY COUNCIL ATTEST: _ ~ 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 DunJaam, 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; 01en Godwin, Fire Chief and Edward Chisholm, Chief of Police. The invocation was offered by Councilman Douglas. PUBLIC HEARING - REZONING 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 0keechobee. President Domer requested City Clerk Bennett to read the minutes of August 26, 28, September 23 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 lots 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 zoning was his conclusion that has already occured. President Domer stated that the City Council had no intention to rezone the property to Residential (R-D) but did so due to Mr. Spray's error, but that they did deny any future zoning request. He requested City Clerk Bennett to again read excerpts from the minutes of September 23rd where the Council only re- zoned the area the duplex was situated on. Councilman Hunt suggested the density of the land be examined to determine the amount of people who could live on the lots and noted that Mr. DeMicco hadn't shown any plans, permits or other information to justify his request. Attorney Conlon was asked to report. He stated that if the Council denied the zonine request, Mr. DeMicco could take the case to court and the City could protest at court. Mr. Spray interjected that Mr. DeMicco's previous request was from R(]) to R(3) Mr. Sales stated that he couldn't understand how the Building Official could have made the error and said that he felt the council cushioned Mr. Sprays mistake. President Domer informed Mr. Sales that the Council did not cover up the error and that the news media was present at the meeting. Attorney Conlon stated that the Council has heard all objections and were well aware of all reasons to be able to cast a vote. Councilman Hunt again voiced his suggestion to investigate the petition and the density of the land as this should determine the outcome of the Councils decision. President Domer concured with Attorney Conlon and asked for a motion either way from the Council, whereupon Councilman Douglas moved to deny the rezoning which was seconded by Councilman Bass and carried. Councilman Hunt stated that he would refrain from voting as he felt that he didn't have enough information to vote. ORDINANCE - SECOND READING President Domer submitted on second reading an Ordinance amending Ordinance No. 292 as amended by Ordinance No. 347, City of 0keechobee, Florida~ by pro- riding an increase in tappage fees from ~75.00 to $100.00 and by amending Section 2 thereof providing an effective da~e. No one appeared in ppposition. It was moved by Councilman Betts, seconded by Councilman Douglas and vote carried that Ordinance be approved on second reading. ORDINANCE - SECOND READING President Domer read the title of the Ordinance for the second reading which promulates 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. No one appeared in opposition. It was moved by Council- man Betts, seconded by Councilman Douglas and vote carried that Ordinance be approved on second reading. REQUEST FOR HARDSHIP EXCEPTION ON TRAILER Mayor Dunham reported on his investigation of the request from Judy Pitman to be allowed to set up her trailer within the city limits due to a 1942 hardship case. He recommended Ordinance- Number 318 be repealed due to the Citys overall planning regarding trailers would be deteriated~ and stated that he denied Mrs. Pitman's request. It was moved by Councilman Hunt, seconded by Councilman Bass and carried that the request be denied. Mayor Dun/lam suggested the Council consider abolishing Ordinance No. Attorney Conlon was recognized. He recommended the Council leaving the ordinance in effect for future exceptions. After more discussion, the Council agreed to leave Ordinance No. 318 as is. RESOLUTION NUMBER 403 President Domer submitted Resolution Number 403, which bans all open burming within the city limits of the City of 0keechobee, Florida. It was moved by Councilman Betts~ seconded by Councilman Bass and carried that Resolution No. 403 be adopted. Attorney Conlon was questioned about the penalty if a person was caught burning trash ~ithin the city .limits. He stated that said person would be brought before the Mayor's Court and fined according to Florida laws. APPOINTMENT President Domer informed the Council that the former Chief of Police~ Dewitt Staats leaving had created a vacancy in the Police Officers Retirement Trust Fund and would have to be filled by appointment. The Council appointed Police Chief Edward Chisholm for a two year term. AGREEMENT · haoB~ard of Public Instruction and The City of 0keechobee for water line to new middle school. Attorney Conlon presented an agreement between The Board of Public Instruc- tion of 0keechobee County and ~'he City of 0keechobee, whereas the School Board will pay for the complete cost of an extension of an 8" water distribution main, all engineering fees, all legal advertising, all inspection fees and costs of fire hydrants in front or located on said school premises in return for the City's contracting for and supervising the extension. Attorney Conlon informed the Council that the agreement was in order. Attorney Tom Conley, 111, was recognized. He stated that if any other expenses occur, the School Board will pay the cost including liability insurance. He informed the Council that when- ever the City lets bids the School Board will place the funds in escrow for the project. It was moved by Councilman Douglas to accept the agreement, seconded by 8ouncilman Bass and vote carried. AGREEMENT Tom Conley~ 1~ ] ~ and the City of 0keechobee re~ardin~ lit. i~ation matter o~ Wherrell building. Attorney Conlon presented an agreement contract between the City of 0kee- chobee and Attorney, Tom W. Conely, 111, whereas the City agrees to accept Tom Conley to represent the City in Civil Action No. 76-57-CA now pending in the 1943 Circuit Court wherein Marvin Wherrell and Adrian Rogers are plaintiffs. The Council inquired if Attorney Conlon will also represent the City. Attorney Conley stated that due to the fact that certain allegations have been made in said litigation regarding Attorney Conlon which will involve him as a witness, he felt it would cause a conflict and decided against it. It was moved by Councilman Betts, seconded by Councilman Douglas and vote carried that the agreement be accepted. SEWER PLANT IMPROVEMENTS Director Fortner presented the plans on the two air blowers for the Sewer Department and inquired whether the Council wanted to place the project on bids and contract the installing of the blowers or purchase the material through bid prices and have the water department employees install the blowers. It was moved by Councilman Betts, seconded by Councilman Hunt and vote carried to authorize Engineers, Robert E. Owens and Associates to draw up specifi- cations on the project and have the city~a~er~iDepartment employees to do the work. Director Fortner questioned the legality of the City purchasing materials through direct sales instead of advertising for competitive bids. Attorney Conlon stated that the blowers would have to be placed on bids but the materials needed to install the blowers could be purchased through direct sales. WATER LINE EXTENSION REQUEST Director Fortner reported a request for a two inch water line extension in Oak Park by Hubert Harden. He advised the Council that for additions made in the future, he recommended a four inch line be installed instead of two inch. It was moved by Councilman Hunt, seconded by Councilman Bass and vote carried tn~direct Director Fortner to inform Mr. Harden that he would have to pay the cost of a four inch line. STREET SIGNS A complaint was reported regarding P~rke~,V6~icles blocking the alley behind the Indian River Junior College office at South West 2nd Ave. Mayor Dunham recommended that the violators be issued a citation. It was moved by Councilman Bass, seconded by Councilman Betts and vote carried to authorize a no parking sign be erected in the alley. STREET SIGNS Councilman Betts pointed out that due to the heavy traffic most of the intersections were blocked. He inquired ia a no blocking intersections sign could be erected on all main streets. The Council directed Director Fortner to contact the State Road Department for approval. CITY PARK Director Fortner reported that the Garden Club had requested permission to plant two trees in the East Park. He stated that Councilman Douglas and himself 1944 had met with members of the Garden Club and had agreed that they would conform with the master plan for the park the City had agreed on. The Council agreed with their request. FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION HEARING Director Fortner reported a public hearing by the State of Florida Department of Environmental Regulation on March 2, 1976 at 2:00 P.M. in the County Commission room, Sebring, Florida, regarding the Kissimmee River Basin Water quality Management plan. It was moved by Councilman Betts, seconded by Councilman Bass and vote caried that Director Fortner be authorized to attend the hearing. WATER DEPARTMENT - METER CHANGE REQUEST Director Fortner presented a letter from Edward B. Seegers, Presidentof Southeastern Molasses and Supply Corporation requesting their 2 inch meter be changed to a l½ inch meter due to new water rates. Other request a~do,~eoeived. After discussion the matter was referred to the Water Committee and Director Fortner. PARKING AT UNITED STATES POST OFFICE Mayor Dunham reported receiving a letter from Mr. R.J. Pitts, Post Master in answer to his letter requesting an appropriate person to come to 0keechobee to help plan a safer entry and exit at the 0keechobee Post Office. HARDSHIP EXCEPTION ON TRAILERS Mayor Dunham stated that after careful consideration he wanted to reverse his recommendation on the request from Judy Pittman for a trailer set up within the City limits due to hardship case. President Domer asked for a motion, iN$:a~iom,~a~en. ADJOURNMENT The Council recessed to meet at 6:50 P.M. Tuesday, March 2, 1976. PRES~DENT CITY COUNCIL / .~/ RUSSELL V. DOMER CITY CLERK SANDRA BENNETT