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1976-03-09 RegularRegular Meeting Tuesday 7:00 P.M. The City Council of the City of 0keechobee, Florida, convened in regular session at the City Hall thia 9th day of.M~rch, 1976 at 7:00 P.m. with the following present: Russ'ell V. Domer, President of City Council, presiding; Mayor Audley Dunham, Councilmen, E. H. Hunt, Edward W. Douglas~and Clif Betts, Jr. Council- man Lavon Bass was absent. Also in attendance were: Sandra Bennett, City Clerk; David Conlon, Attorney; L. C. Fortner, Jr., Director of Public Works; Edward Chisholm, Police Chief and Richard B. Spray, Building Official. The invocaiion was offered by Councilman Douglas. DISBURSEMENTS Vouchers on the following funds were approved: General Fund $46,682.21 W & S Revenue Fund 19,583.50 W & S 0per. & Maint. Fund 58,048.42 W & S System Revenue Fund ~3,975.10 PUBLIC HEARING Rezoning of property at Lot 2~ Block Dy Oak Grove Addition Pursuant to a public notice published February 19, 1976 the meeting was opened as a public hearing to consider a request of Hazel Williams to amend the zoning map by changing from Residential (R-l) to Residential (R-3)i~located on the East side of S.W. 5th Ave., the North side of S.W.l~th ~. and the West side of S.W. 7th Ave. Mr. David Day and Mrs. Hazel Williams, developer was on hand to explain what was proposed and to answer any questions. Thbse appearing in opposition to the request rezoning were: Mr. Booth Chilcutt, Mrs. Gloria Ford, Dr. 0ttis James ~uad ~tto~ney. Ton C~nley. The City Attorney pointed out ~hat the City has a zoning plan and any changes like this constitutes what the courts term spot zoning. If the Council rezones the property, they~wi~l be going one step further in thro~t~out the whole plan and putting the City in jeopardy of litigation. He recommended the City needs a new plan and urged the Council not to spot zone any~p~perty as it will create problems in the future. Councilman questioned if the names on the petition listed both husbands --~ and wi~es. President Domer stated that it did and asked ~ttorney Conlon to report. He stated that both have an interest according to deed records of the property. Following more discussion, it was moved by Councilman Betts, seconded by Councilman Douglas and vote carried that the request for rezoning be denied . ~UBLIC HEARING Bid Tabulation - Water meters ; Pursuant to notice ofppublic hearing to receive bids for water meters, bids were received, opened and read. Director For~ner recommended that Rock- well International be awarded the contract. 1951 It was moved by Councilman Hunt~ seconded by Councilman Betts and vote carried that the bid be awarded to Rockwell International. PUBLIC HEARING Bid Tabulation - Air D~££user~ for the Sewer Plant Pursuant to notice of public hearing to receive bids for two air diffusers for the sewer plant~ bids were received~ opened and read from two bidders. After tabulation, Director Fortner recommended that the low bidder~ Hoffman Air & Filtration Division, be awarded the contract in the amount of $]1,065.00, upon approval of Engineers, and determination of whether a 50HP motor was needed. It was moved by Councilman Hunt~ seconded by Councilman Douglas and vote carried that the bid be awarded to Hoffman Air & Filtration Division upon approval of Engineers. PUBLIC HEARING Ordinance No. 37~ - Increase in tappa~e fees Pursuant to public notice published February 26, 1976, the meetin~ was opened as a public hearing to consider adoptin~ Ordinance No. 579 amending Ordinance No. ~7, by pro¥idin~ an increase in tappage fees from $75.00 to $~00.00. The City Attorney read the Ordinance. Councilman Douglas moved and Council- man Hunt seconded the motion that the Ordinance be adopted which passed unanimousl- PUBLIC HEARING Ordinance No. ~80 - Increase sewer rates Pursuant to public notice published February 26, 1976, the meeting was opened as a public hearing to consider adoptin~ Ordinance No. ~80~ amendin~ Ordinance No. 289~ promulgating the rates to be charged for the use and services of the sewer system. No one appeared to speak against or for the proposed ordinance. The City Attorney read the Ordinance. Councilman Douglas moved and Council- man Hunt seconded the motion that the Ordinance be adopted which passed unanimously. CITY COUNCIL MEETINGS SCHEDULE President Domer presented the schedule for the Council regular meetings for the next quarter. April ]~ 27, May ~ 25th and June 8 and 22nd. It was moved by Councilman Betts, seconded by Councilman Douglas and vote carried that the schedule be accepted. PURPOSAL FOR SERVICES ON ABANDONED AUTOMOBILES A letter was read from Bosso & Bosso~ Attorneys At Law~ advisin~ the Council that he represented Ace Auto Parts of Lantana~ Florida who would like to present a purposal to the City of pickin~ up and disposin~ of junk and abandoned vehicles. Letter ordered filed for future reference. Volunteer Fire Phones President Domer informed the Council members that the United Telephone Company has room for three additional volunteer fire phones for $8.00 installation 1952 and $5.00 per month for local service. Chief Godwin stated that there are eleven volunteer fire phones used at the present time. It was moved by Councilman Betts, seconded by Councilman Douglas and vote carried to authorize the installation of three fire FIRE HOSE DONATED TO 0.C.R.A. President Domer reported a request from the 0keechobee Citizens Recreation Association for two lenghts of ole 2½" fire hose to be used for the tennis court. He stated that Chief Godwin had informed him that the Fire Department has some pieces of hose that is of no further use to the Fire Department. It was moved by Councilman Betts, seconded by Councilman Doug~a~ and vote carried that Chief Godwin beiauthorized to donate the hose. C.E.T.A. President Domer announced that the C.E.T.A. has an opening to place two boys to work and questioned if the City could use them. Councilman Hunt ques~i. tioned if the City had to cover them with liability insurance. Attorney Conlon remarked that the workers would be covered as any other city employee~is covered. It was moved by Councilman Hunt, seconded by Councilman Douglas and vote carried to accept the two boys under the C.E.T.A. system. WORKSHOP MEETING SCHEDULED TO DISCUSS MRRIT SALARIES A workshop meeting scheduled for Tuesday, March 16, 1976, at 6:30 P.M. was announced by President Domer and requested all Department Heads to be present to discuss the merit salaries and/or cost of living raise. APPEAL FOR STREET OPENING It being the hour of Eight 0!Clock, President Domer announced that a continued hearing on the appeal of Larry Williams to open S.W. 11th Ave. be open. He asked if each Councilman had viewed the area and ma~ed their decision. Each member stated that they had surveyed the street. It was moved by Councilman Douglas, seconded by Councilman Hunt to deny the appeal to open llth Ay. but to allow the twenty foot right-of-way on the City limit ditch to be used for entrance and exit if needed. At this time Attorney Conley was recognized. He presented a quick claim deed to these two rights of ways from the original dedications and pointed out that There are no streets by name designated on the plat of P~&rce Subdivisionand there are vacant spaces between two of the lots,.one on the west side between the section line and lot ]2 and the other between lots 8 & 9- He stated that there is a dedication of purposed rights of way in the plat but ~here is no acceptance of the dedication appearing anywhere on the plat. He stated that he would like to revert the dedication since there has never been an acceptance of rights of way. Attorney Conlon was asked to report. He stated that he would like to re- search this as he didn't feel the Council had enough information to revoke the dedication. 1953 Mr. and Mrs. Larry Williams entered at this time and President Domer informed them of action taken. The Clerk read the motion that was made. President Domer stated that there was a motion and a second and asked for those in favor and opposed. Motion was carried. APPLICATION FOR STREET SUPERVISOR EMPLOYMENT David Hunter, Humane Warden was recognized. He stated that he would like to submit his application for Street Supervisor and purposed that the Humane Department be conslidated with the Street Department, thereby saving $7,900.00 salary for a dog warden. Director Fortner stated that he felt it would be too much o~ a load on one man to try as the traffic lights were constantly being repaired. Following discussion~ the Council rejected the p~rposal and complimemted Mr. Hunter on:.his performance. Director Fortner reported that he had received several good applications and it was difficult to choose but he recommended Chuck Elders be appointed for a six months probation period. He informed the Council that Chuck Elders was presently employed in the Water Department and felt that he could handle the position. It was moved by Councilman Douglas, seconded by Councilman Hunt and vote carried that Chuck Elders be appointed as Street Supervisor at ~]75.00 per week for six months probation period. FIRE REPORT Fire Chief Godwin presented the Fire Report for the month of February, 1976. PO~I~B DBPARTMENT REPORT Police Chief Chisholm presented the Police Department Activity report for the month of February. POLICE EMPLOYEE EVALUATION C~ief Chisholm ~eper~ed~lthat two Patrolmen had completed their six months probationary period satisfactory and presented evaluations on Patrolmen Fiore and Rucks and recommended they be advanced to Patrolman 11. It was moved by Councilman Betts, seconded by Councilman Douglas and vote carried to advance Patrolmen Fiore and Rucks to Patrolmen ] ] as permanent employees. RESIGNATION Chief Chisholm presented a letter of resignation from Donald R. Bratshi effective March 5, 1976. . It was moved by Councilman Betts, seconded by Councilman Douglas and vote carried to accept Patrolman'~Bratshi's resignation. BUILDING DEPARTMENT Building Official Spray presented a copy of a statement of fact sheet for the Councils consideration. He also presented copies of ordinances from other cities regarding vacant lots overgrown with weeds for the Council to study. 1954 WATER DEPARTMENT - WATER METERS President Domer informed Attorney Conlon of the situation whereby people having bigger meters had requested smaller meters installed due to increase of --~ water rates, and inquired if the city com~d~adopt an ordinance or resolution whereby the party would be charged a water bill based on the size of meter that is required rather than what is installed now and in the future, replace the meter when needed. ~ Attorney Conlon stated that he would have to investigate the legality of the matter. STREET PARKING Mayor Dunham inquired of Attorney Conlon what the City could do about the parking problems at different locations within the city limits. Attorney Conlon stated th&¢ this would be part of the new Comprehensive Planning and Zoning plan. The Council questioned Building Official Spray if the Southern Standard Building Code had any regulations on parking. Mr. Spray remarked that it doesn't but the city ordinance specifies 100 square feet for one parking area. Attorney Conlon informed the Mayor that under law by July 1, 1976, the City has to hire a firm to do a comprehensive plan for the city which involves traffic flow, parking, zoning plans. Following more discussion, the Council approved Mayor Dunham contacting the Florida League of Cities to request copies of said ordinances.on parking. NO BURNING BAN Fire Chief Godwin presented a copy of the Section of the State Fire Marshall rules and regulations of the Florida State Statutes to Attorney Conlon for study. WATER DEPARTMENT - CHEMICAL BIDS Director Fortner informed the Council that it was again time to place the purchase of chemicals on bids. He stated that the company the City is presently buying the chemicals ~rom has agreed to extend the present contract at the same rates they are now. He inquired if the Council wanted to extend the present contract or place the purchase on bids. Following discussion, the Council agreed that the chemicals should be '~ placed on bids. WATER~ SEWER AND STREET DEPARTMENT REPORT Director Fortner presented the Water, Sewer and Street Department report for the month of February, 1976. ST~CK ITEMS AT WATER PLANT Director Fortner presented stock items needed at the water plant in the ~' amount of $2,348.00. It was moved by Councilman Hunt, seconded by Councilman Betts and vote carried that the purchase of stock items be authorized in the amount of $2,348.00. 1955 ADJOURN~ENT The Council recessed until Tuesday, March 16, 1976 at 6:30 P.M. RUSSELL V. DOMER ~ PRESIDENT CITY COUNCIL ~~ ~~--~/2/~ --/~/?i~ CITY OF OKEECHOBEE ATTE ST: CITY CLERK Recessed Meeting Tuesday, March 16, 1976 The above workshop meeting was canceled. RUSSELL V. DOMER PRESIDENT CITY COUNCIL CITY OF OKEECHOBEE SANDRA M. BENNETT CITY CLERK