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1976-11-09 Regular 2035 i REZONING ORDINANCE AMENDING ORDINANCE NUMBER 271 - INTRODUCTORY AND FIRST READINC 201 S .W. 5th Avenue President Domer submitted an application request for consideration of rezoning from Leo P. and Wilsa Putman from Residential (R-l) to Commercial on property described as "Lots 5 and 6, Block 176, Original Town of Okeechobee". 201 S.W. 5th Avenue, and presented for introductory and first reading, Ordinance amending Ordinance Number 271. It was moved by Councilman Bass, seconded by Councilnmn Douglas and vote carried to approve the Ordinance on the first reading and notice of public hearing be advertised for December 7, 1976. OKEAIRC0, INC. CABLE TELEVISION Attorney Conlon suggested that the City Council advertise a public hearing to hear what the public has to say about the request of OkeAirCo for a rate increase before adopting an Ordinance. He stressed the importance of hearing the publics views to rates that will affect the Community. Following discussion, the Council concurred with Attorney Conlon's suggestion and authorized the City Clerk to advertise a notice for a public hearing. EMPLOYEE APPLICATION - ATTORNEY An application for employment was submitted from Anthony Young for City Attorney. President Domer requested the City Clerk research the minutes to see how long and on what terms the present Attorney was hired. ADJOURNMENT There being no further business, the meeting was adjourned at 2:00 P.M. RUSg~,LXL V. DO}~ER ,~ PRESIDENT CITY COUNCIL ~(1~0(~ ~ ~ CITY OF OKEECHOBEE ATTEST: ~ ~ /~ ~ SANDRA M. BENNETT CITY CLEM( REGULAR MEETING TUESDAY, NOVEMBER 9, 1976 The City Council of the City of Okeechobee, convened in regular session in the Council Chambers at the City Hall, Okeechobee, Florida, on Tuesday, November 9, 1976, at 7:00 P.M. President Russell Domer presiding. Councilmen E. H. Hunt, Edward W. Douglas, Lavon Bass and Clif Betts, Jr. were present. Others present were: Audley Dunham, Mayor; Sandra Bennett, City Clerk; David Conlon, City Attorney; Sylvia Christian, Deputy Clerk; L. C. Fortner, Jr., Director of Public Works; Richard B. Spray, Building Official and Edward Chisholm, Chief of Police. The invocation was offered by Councilman Edward W. Douglas . PUBLIC HEARING BID TABULATION - 1976 OR 1977 TWO TON TRUCK It being the hour of Seven O'Clock and pursuant to notice of public hearing published October 14, 21, 1976 and Addendum No. 1 advertised October 28, November 4, 1976 to receive sealed bids for the purchase of one new 1976 or 1977 two ton cab and chassis, bids were received , opened and read from 0keechobee Motor Company in the amount of $9,659.00 after trade in and 2O36 Gilbert Chevrolet Company, Inc. in the amount of $9,850.00 after trade in. After reviewing both bids, Director Fortner reported that both companies bids met the specifications. -'~ It was moved by Councilman Hunt, seconded by Councilman Bass and vote carried to award the contract to Okeechobee Motor Company in the amount of $9,659.00 with trade in. Councilman Betts vote "nay". PUBLIC HEARING REZONING ORDINANCE AMENDING ORDINANCE NUMBER 271 - 302 N.E. 12TH AVE. Pursuant to a public notice published October 21, 1976, the meeting was opened as a public hearing to consider the request of John E. and Patricia A. Peterson to amend the zoning map by changing the zoning from Residential (R-3) to Commercial on property described as "Lots 5 and 6, Block 79, Original Town of Okeechobee". Mr. Oscar Lowe of 306 N.E. 7th Street appeared, spelling out in detail his opposition to the requested zoning and asked the City to deny the request. Mr. Harry DiSalvio, Physician Associate at the Edna Pearce Lockett Medical Center, spoke on behalf of Mr. John Cummings who was planning on putting a light automotive repair work shop on said property. Mr. DiSalvio stated that Mr. Cummings is a Technician at the Medical Center and to help supPlement his income he decided to open the repair shop. Mr. John Cummings explained that he was only interested in light automotive repair at the shop and would only be done after his other job which would involve fifteen to twenty hours per week. Councilman Bass remarked that he felt the only way for the Council to make a decision was to personally view the property area. Attorney Conlon reviewed the considerations of rezoning property: 1. How it fits into the scheme and plans of things. 2. Considering the surrounding properties and what it. is being used as. 3. Estimating what the growth of the area will be. Attorney Conlon suggested the Council view the area before making a decision.. After considerable discussion, it was the concensus of the CoUncil that action be de- ferred on this item pending investigation of the area and to continue the hearing November 23, 1976 at 7:00 P.M. PUBLIC HEARING ORDINANCE NUMBER 392- CLOSING, DISCONTINUING AND VACATING AI.I,F. YWAY IN BLOCK 38 Pursuant to a public notice published October 21, 1976, the meeting was opened as a public hearing to consider adopting Ordinance Number 392, being an Ordinance closing, discontinuing and vacating that certain alleyway running east and west in Block 38, all being in Okeechobee City a subdivision in Section 16, Township 37 Sough, Range 35 East, Okeechobee County, Florida. No objections were heard or filed. President Domer read Ordinance Number 392, whereupon Councilman Betts moved the adoption of Ordinance Number 392, which was seconded by Councilman Douglas. ,.. Voting on the motion: Councilmen Betts, Douglas and Bass "yea"; Councilman Hunt voted "nay". The motion carried. 2037 PUBLIC HEARING ORDINANCE NUMBER 391 - AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES BY ASSESSING ONE DOI.LAR AS COURT COSTS, TO BE U~iO FOR LAW ENFORCEMENT EDUCATION PURPOSES. Pursuant to a public notice published October 21, 1976, the meeting was opened as a public hearing to consider adopting Ordinance Number 391, being an Ordinance amending Chapter 13 of the Code of Ordinances of the City of 0keechobee by adding a new section to said Chapter 13 to be known as Section 13-8 providing for the assessment of one dollar as court costs against every person convicted of violating a municipal ordinance, to be used for law enforcement education purposes. No objections were heard or filed. President Domer read Ordinance Number 391, whereupon Councilman Bass moved the adoption of Ordinance Number 391, which was seconded by Councilman Betts and vote carried. 0KEECHOBEE REHABILITATION FACILITY, INC. Mr. Hank Dunn, Director of the 0keechobee Rehabilitation Facility, and Mr. Jim Lashley, President of the 0keechobee Chamber of Con~nerce appeared requesting the use of the East park enabling merchants to display merchandise, artist to display their wares; co~nunity sings and authorization to use the sidewalks for display, on December 11, 1976. President Domer informed Mr. Dunn that the City parks was donated to the City with the under- standing that no personel profits will be derived from the use of the parks or the property will revert back to the owner. Attorney Conlon stated that displaying wares on the sidewalks might cause an accident which would place a liability on the City. Continuous use of the park would then increase insurance rates. Following discussion, Councilman Betts moved for passage a Resolution providing for 0keechobee Rehabilitation Facility, Inc. and the Okeechobee Chamber of Commerce to use the City of Okeechobee park for the purpose of displaying merchandise for the general public with the understanding that in no event, may any organization other than a non profit organization offer for sale or solicit sales to be consummated that day on park premises any con~nercial activities. Councilman Douglas seconded the motion which passed unanimously. PUBLIC HEARING BID TABULATION - REPAIRING, CI.EANING AND PAINTING OF TWO WATER TANKS It being the hour of Seven Thirty P.M. and pursuant to notice of. public hearing published October 14 and 21, 1976 to receive sealed bids to provide for the repairs, cleaning and paint- int of two 250,000 gallon elevated water tanks, bids were received, opened and read from six companies. The Council agreed to defer action on awarding contract until November 23, 1976 meeting, for further study of the bids by Director Fortner and Attorney Conlon. OKEECHOBEE CITIZENS RECREATION ASSOCIATION Mr. Dan Sherman, President of the Okeechobee Citizens Recreation Association appeared, requesting a donation of $2,000.00 to be used for insurance purposes. It was moved by Councilman Betts, seconded by Councilman Bass and vote carried to donate $2,000.00 allocated in the 76-77 budget, to the Okeechobee Citizens Recreation Association. 201 FACILITIES PLAN Mr. Clyde Turner, of Frederick Bell Consulting Engineers, Inc. appeared before the Council regarding the City and County joint "201 Facilities Plan". Mr. Turner reported that a notice of public hearing had been advertised for November 18, 1976, at 9:30 A.M. at the 0keechobee Court House pursuant to E.P.A.'s regulations. He presented the progress to date as to what the Company had come up with as far as proposed plans and cost figures. He reported that one requirement of E.P.A. is, that a determination be de- cided whether it is more costly to rebmbilitate the sewer system or go ahead and plan for treat- ment facilities to treat the excess flow. Mr. Turner informed the Council, that after investigating, it was their conclusion that it was more costly to correct the system than to treat it over a twenty year period. In order to correct..the system this would require the sewer system evaluation survey pursuan~ to E.P.A. 's regulations. This survey will cost approximately $17,425.00 which can be included in the original "201 Facilities Plan", thus the City will be paying $4,400.00. Three plans were fully described by Mr. Turner to decide what kind of program would fit in with the City and the County. 1. Abandon the sewer plant and install a high head pumping station to pump the raw water waste from the City to some centralized facility and discharge at that pump. 2.Increase the capacity of the plant in it's present state and pump to sonm site to be disposed by land irrigation. 3. Upgrade the plant to advance waste water treatment standards which would require very sophisticated treatment process and continue to discharge in the Taylor Creek within the affluent limitations being imposed by the E.R.Ao Following discussion, Councilman Betts moved to authorize the Sewer System Evaluation Survey, for the Okeechobee sewer system, to apply for additional 75% funds through the "201 Facilities Plan" and to authorize the payment of $4,400.00. Councilman Hunt seconded the motion which passed unanimously. POLICE DEPARTMENT 1. MONTHLY REPORT Chief Chisholm submitted the Police Department Activity report for the month of October, 1976. 2. RESIGNATIONS Chief Chisholm submitted resignations from Patrolman Bruce Triolo effective October 28, 1976 and William M. Raulerson effective November 8,~ 1976. Councilman Bass moved to accept Triolo and Raulerson's resignation, which was seconded by --~ Councilman Betts and vote carried. 3. EMPLOYMENT APPLICATION Employment application on Richard Walker for Patrolman in the Police Department was sub- mitred by Chief Chisholm for Councils approval. He reported that Walker was not a certified officer. It was moved by Councilman Bass, seconded by Councilman Betts and vote carried to employ Walker on a six months probation period as Patrolman 1. 4. EMPLOYEE EVALUATION A six months satisfactory evaluation was submitted by Chief Chisholm on Mike L. Brown and recon~nended he be hired permanently and his salary be increased as per schedule. 2039 It was moved by Councilman Bass, seconded by Councilman Douglas and vote carried to accept the recou~nendation of Chief Chisholm and hire Brown permanently and increase his salary as per schedule. FIRE DEPARTMENT 1. MONTHLY REPORT Fire Chief Godwin submitted the Fire Department monthly report for the month of October, 1976. .... 2. SPECIFICATIONS - ROOF ON FIRE BUILDING Chief Godwin reported the roof on the Fire. building needs replacing and did the Council desire to place the work on bids. · Councilman Bass moved to advertise for bids to replace the roof, seconded by Councilman Douglas and vote carried. WATER, SEWER AND STREET DEPARTMENT 1. MONTHLY REPORT Director Fortner submitted the Water, Sewer and Street Department Report for the month of October 1976. 2. OKEECHOBEE BEACH WATER ASSOCIATION Director Fortner reported owing the Okeechobee Beach Water $588.~{$ due to a decrease in the electrical bill by the Florida Power and Light Company. The 0keechobee Beach Water was charged higher rates than what should have been. Councilman Bass moved to authorize to reimburse 0keechobee Beach Water in the amount of $588.38, seconded by Councilman Douglas and vote carried. 3. COUNCIL MEETING SCHEDULED It was agreed to set up a meeting on Tuesday, November 16, 1976 at 7:00 P.M. with Mr. Charles Royal to discuss obtaining an easement on Royals property for Wards and Kellys sewer line. 4. STOCK ITEMS Councilman Hunt moved to authorize the purchase the stock items as listed on Memorandum Number 3 in the amount of $892.00 for the water plant. Councilman Douglas seconded the motion which passed unanimously. 5. PAINT JOB FOR CHEVROLET TRUCK Director Fortner reported receiving several prices on a complete paint job and small repairs on the 1972 Chevrolet truck. The lowest and best price being $250.00 from Ray's Body Shop. It was moved by Councilman Hunt, seconded by Councilman Douglas and vote carried to accept Ray's Body Shop irt the amount of $250.00. 6. CULVERTS Director Fortner requested authorization to purchase culverts for replacement stock in the amount of $300.00. i It was moved by Councilman Douglas, seconded by Councilman Bass and vote carried. APPOINTMENT OF ELECTION OFFICIALS Councilman Bass moved to appoint the following election officials to work on the polls on December 7, 1976: Clerk, Doris Carden; Inspectors: Violet B. Briney, June Boromei, Sarah Westberry, Ruth D. Jeffers; Deputy, Oscar Lowe and Machine Custodian, Ellie Waters. Clerks , and Deputy to be paid $30.00 and the Machine Custodian $150.00. Councilman Betts seconded the motion and carried by roll call vote: Hunt - "yea"; Douglas - "yea"; Bass - "yea" and Betts - "yea". REIMBURSEMENT ELECTRIC BILL The City Clerk reported receiving a check in the amount of $49,326.97 for reimbursement of over charge on the electric bill at the water plant. She stated that the Florida Power and Light had credited Septembers and Octobers electric bill back to the City. Following discussion, Councilman Betts moved to put the funds in interest bearing accounts for the Water Department. Councilman Bass seconded the motion which passed unanimously. BOARD OF TRUSTEES MR~ETING - RETIREMENT MEETING The City Clerk announced a Board of Trustees meeting of the City's Employees, Police and Fire Retirement Program at 1:00 P.M., November 10, 1976. The City Clerk reported two heaters that had been taken out of the Clerk's office was of no use to any of the City's Departments and questioned if the Council wanted to sell them and if so, for how much. Following discussion, the Council agreed to sell both heaters for $50.00. ORDINANCES 1. ORDINANCE NUMBER 394 - ADOPTING STANDARD FIRE PREVENTION CODE - INTRODUCTORY AND FIRST READING. President Domer submitted Ordinance Number 394, being an Ordinance setting forth rules and regulations to improve public safety by promoting the control of fire hazards, regulating the installation, use and maintenance of equipment; regulating the use of structures, premises and open areas in the City of Okeechobee, Florida, providing for the abatement of fire hazards: establishing the responsibilities and procedures for enforcement: setting forth standards for compliance; providing penalties for the violation therefore; and repealing all ordinances or parts of ordinances in conflict therewith for the first reading. Councilman Bass moved to approve Ordinance Number 394 upon the first reading. Councilman Douglas seconded the motion which passed unanimously. 2. REZONING ORDINANCE AMENDING ORDINANCE NUMBER 271 - 201 S.W. 5TH AVENUE - SECOND READINC President Domer submitted on second reading by title only, an Ordinance amending Ordinance N~mber 271, to amend the zoning from Residential (R-l) to Con~nercial on property described as "Lots 5 and 6, Block 176, Original Town of Okeechobee, 201 S.W. 5th Avenue." Requested by Leo P. and Wilsa Putman. It was moved by Councilman Bass, seconded by Councilman Douglas and vote carried to approve the Ordinance for the second reading. 3. ORDINANCE NUMBER 393 - FLORIDA UNIFORM TRAFFIC CONTROL LAW- SECOND READINC President Domer submitted for second reading by title only, Ordinance Number 393, being an Ordinance adopting "An act relating to the regulations of traffic, creating Chapter 316, Florida Statutes,. to be known as the 'Florida Uniform Traffic Control Law'": Repealing all Ordinances or parts of ordinances in conflict herewith: providing for the effective date hereof. It was moved by Councilman Bass, seconded by Councilman Douglas and vote carried to approve Ordinance Number 393 for the second reading ' 2041 4. REZONING ORDINANCE AMENDING ORDINANCE NUMBER 271 - 441 NORTH PARROTT AVENUE - SECOND READING - President Domer submitted on second reading by title only, an Ordinance amending Ordinance Number 271, to amend the zoning from Residential (R-3) to Residential (R-I) on property described as "Lots 19 through 26, Block 31, Original Town of Okeechobee, 441 North Parrott Avenue." Requested by Nachman Tevlo. It was moved by Councilman Bass, seconded by Councilman Douglas and vote carried to approve the Ordinance for the second reading. 5. REZONING ORDINANCE AMENDING ORDINANCE NUMBER 271 - 441 SOUTH PARROTT AVENUE - SECOND READINC President Domer submitted on second reading by title only, an Ordinance amending Ordinance Number 271, to amend the zoning from Residential (R-i) to Commercial on property described as "Lots 3 and 4, Block 219, Original Town of Okeechobee, 441. South Parrott Avenue." Requested by Grace Coleman Bland. It was moved by Councilman Bass, seconded by Councilman Douglas and ~te carried to approve the Ordinance for the second reading. ATTORNEY President Domer stated that September 1976, the City Council should have re-hired the present City Attorney, David Conlon or accept applications. He requested discussion or action on the question. -- It was moved by Councilman Bass, seconded by Councilman Douglas and vote carried to re-hire Attorney David Conlon for the fiscal year 1976-77. DISBURSEMENTS Vouchers on the following funds were approved: GENERAL FUND $ 27,193.97 WATER AND SEWER 0PER. & MAINT. FUND $ 16,901.06 AD3OURNMENT There being no further business, President Domer declared the meeting recessed at 11:30 P.M. until 7:00 P.M., Tuesday , November 16, 1976. RUSSELL V. DOMER PRESIDENT CITY COUNCIL CITY OF 0KEECHOBEE SANDRA M. BENNETT CITY CLERK