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1977-06-14 Regular 2117 FIRST REGULAR MEETING TUESDAY~ JUNE 14~ 1~77 The City Council of the City of Okeechobee, Florida, convened in regular session in the Council Chambers at the City Hall, 0keechobee, Florida, at 7:00 P.M., on Tuesday, June 14, 1977. President Russell V. Domer presiding. Councilmen Edward W. Douglas and Larch Bass were present. Councilmen J~m Knight and ~ytle Raulerson were absent. Others present were: Audley Dunham, Mayor; Sandra Bennett, City Clerk; Acting David Conlon, City Attorney; Larry Mobley,~Chief of Police; L. C. Fortner, Jr., Director of Public Works; 01en Godwin, Fire Chief, and David Hunter, Humane Officer, and Sylvia Christian, Deputy Clerk. The Invocation was offered by Councilman Edward W. Douglas. PUBLIC HEARINGS BID TABULATIONS - CENTRAL AIR AND HEAT One bid was received for the purchase of two central air conditioners and duct system from Emery Walker Company in the amount of $4,168.48. The bid listed a condition that the ceiling be removed and dropped to accommodate duct work without cutting beams. This would weaken building. Also electric panel is not big enough, so there isn't any electric included. (Electrician's would not bid). Everything else as per specifications. Following discussion regarding the condition of Walker's postponed awarding bid until meeting of June 28th and requested Director Fortner to investigate cost of lowering the ceiling to accommodate the duct work and electric work. .ORDINANCE NUMBER 3,~7 - .WRECKING YARD - FINAL READING Pursuant to a notice published June 2nd and 9th, a public hearing was held to consider the adoption o~ Ordinance Number ~97, being an Ordinance defining "Automotive Wrecking," "Automotive Wrecking Yard," and "Junk Yard"; pmovidi~ for the prohibition of future establishment of such activities within the limits of the City of 0keechobee; regulating any automotive wrecking or automotive wrecking yard or jun~ yard En. operation at the effective, dage~.¢'f this 0~dEnance and declaring such facilities to be non-conforming; repealing other City Ordinances in conflict herewith; providing a penalty for violation; and an effective date. President Domer asked if the~e were any objections or comments to this 0r- dinance. No objections were heard or filed. Councilman Douglas moved to adopt Ordinance Number 397, seconded by Council- man Bass and passed. ORDINANCE NUMBER 3~8 - SUBDIVISION - SECOND READING President Domer submitted Ordinance Number 398 by title only which is Ordinance Governing and Regulating the Subdivision of land in the City of ~ h I1~ ~ I i ~ ~ I i i ? I . k~lI iii i i I iii i i i 2118 0keechobee, Florida; ;Stating the purpose and intent of the Regulations; defining certain terms; providing for preapplication procedure; providing for conditional approval of preliminary plats and for approval of construction plans for re- quired improvements; providing procedures for approval of final plats: Setting Design standards for subdivisions; setting data required for submission at the various s~ages of the subdivision process; providing methods for assurance of completion of required improvements; providing penalties for violation of these regulations; prividing a se~erability clause; repealing ordinances or parts of ordinances in conflict herewith; and setting an effective date. It was moved by Councilman Bass to waive second reading of Ordinance Number 398 and approve second reading by title only, seconded by Councilman Douglas and carried. ALLEYWAY Mr. Doug Cassels appeared before the Council requesting that the cancellatio clause which states" subject to the right of Lessor to terminate the lease whenever the demised property shall be necessary or useful to Lessor in the per- formance of public duties, or public interest or convenience shall require such termination," and "that upon thirty (30) days from Lessor to Lessee be reg- istered mail at 804 North Parrott Avenue, 0keechobee, Florida, 33472, this lease shall be terminated and Lessee shall forthwith remove any structure promptly at Lessee's own expense and to quit and deliver up the premises to Lessor, in as good an order and condition (reasonable use and wear thereof excepted) as are now or may be put into," to be removed from the ResolutiDn closing aapow~ion of the alleyway 15 feet in width lying in block 49 because permanent structure wu would be placed in the area. Councilman Douglas moved to delete the cancellation clause, seconded by Councilman Bass motion carried. SUBDIVISION - REZONING Mr. Jee porten, President of Lake Homes, Inc., and Jim Titzel, Engineer, appeared before the Council submitting preliminary plans and documents for approval of a subdivision to be located on the North side of 70 west next 'to Holt's Restaurant. Mr. Domer stated that the City was in the process of adoptin~ a Sub- division Ordinance and New Zoning Ordinance and that the Council could accept the plans for a study but not for approval and that they did not give legal rights to proceed with plans until subdivision Ordinance is passed. REZONING APPLICATION President Domer, presented a rezoning application from Joseph W. Porten, requesting the Council to rezone, the north 40 feet of the south 256.95 feet of the west ½ of the south west ~ of the south east ~ of section 15, township 37 south, mange 35 east, Original Town of Okeechobee, from Agricultural to Commercial 2119 Councilman Douglas moved to instruct the Clerk to proceed with notification to the owner and to advertise public hearings, seconded by Councilman Bass and passed. REZONING APPLICATION President Domer, presented a rezoning application from Joseph W. Porten, requesting the Council to rezone~ the west ½ of south west ~ of the south east ¼ of section 15, township D7 south range 55 east less the south 256.95 feet and less the north 50 feet, Original Town of 0keechobee, from Agricultural to Residential (R-l). Councilman Bass moved to instruct the C~erk to proceed with notification to the owner and to advertise public hearings, seconded by Councilman Douglas and passed. PUBLIC M_EARING BID TABULATIONS - CHEMICALS It being the hour of ~:30 P.M., bids were received opened and read for the purchase of chemicals for the Water Department. Following tabulation of the bids, Director Fortner recemmended that Apperson Chemcials be awarded the contract. It was moved by Councilman Douglas, seconded by Councilman Bass and carried that Apperson Chemical Company be awarded the bid in the amount of $61,513.50. GARBAGE FRANCHISE - RESOLUTION Mr. Tare Waldron, appeared before the Council informing them Sf his objection to Section 7 of the Garbage Franchise which, states that "The Franchise Holder shal provide a dumping area for dispos~ of garbage which shall be made available to the City for disposal of all City waste the City desires to transport to said dump at no charge." He stated that he may not be able to furnish dumping area. Following discussion, Councilman Douglas moved to adopt Resolution amending Section 7 of Garbage Franchise, seconded by Co~cii~, Bass motion carried. HUMANE DEPARTMENT David Hunter~ Dog Warden, appeared before the Council reporting on the status 6f the Humane Departm~z~t. He recommended an increase of do~ fees from the County. Chief Mobley reported that Elmer Waldron had volunteered to care for the animals at $10.00 per day while M~. Hnnter is on vacation. Following discussion the Conncil requested Mayor Dunham and Chief Mobley to contact the County Commissioners to see if the County Dog Warden would take care of the Department during this time and inform them of the situation of animals taken from County into City dog pound 201 SEWER PROJECT ~r. Clyde Turner, Engineer, appeared before the Council informing them on the status of Sewem System evaluation survey. He stated that the state has approved the plans. Councilman Bass moved to accept completion of St~p I of Phase I of 201 2120 Plan, seconded by Councilman Douglas motion carried. RESOLUTION President Domer read Resolution for 201 Facility P~an which states the following: (1) That the City of 0keechobee agrees to participate with 0~eechobee C~unty in sharing the cost of the Grantee's share of 25% of the total Step 2 Project cost provided that the Federal Grant will be 75% of the total cost. (2) That the City of 0keechobee will pay its fair share of the said costs, currently estimated at $39,000 to 0keechobee Cousty in periodical pay- ments am required to reimburse the Project Engineer for his services, and said payments to be made within 30 days after request for paymemt~y said County. (3) That the City of 0keechobee's final fair sharer of the costs will be adjusted on the basis of the Project Engineer's final estimates of Phase I construction eosts and flow data and his recemmendations for eost sharing as determined from the Step 2 Project documentation. Attorney Conlon pointed out that the City should define share cost between City and County. Following further discussion, CounCilman Bass moved to adopt Resolution, adding paragraph 4 w~ich reads as follows "That this Resolution shall become effective on July 26th, 1977, if net revoked prior to this date," seconded by Councilman Douglas and passed. SCHOOL BOARD AGREEMENT Council authorized Director Fortner to contact Engineer for study on water aviilability to the new purposed school north on 441. BEACH WATER ASSOCIATION A meeting was scheduled for July 7th, 1977 for a joint meeting ~ith Beach Water Association regarding Agreement between the Association and the City re- garding the sale of water. POLICE DEPARTMENT Acting Chief of Police, Larry Mobley, submitted the following for discussion or approval: 1. MONTHLY REPORT Acting Chief Mobley submitted the Police Department activity report for the month of May, 1977. 2. EMPLOYEE CERTIFICATION Ha informed the Council that two patrolmen had graduated from the Police Academy. He requested that Patrolmen Richard Walker and Gary Cannon salaries be increased $450.00 dollars per year. Councilman Bass moved to ~ive Cannon and Walker the $450.00 dollar salary increase, seconded by Councilman Douglas and passed. 2121 5. JAIL CELL Prices were submitted for renovation of Jail Cell #1. Fortner Plumbing $215.OO Echols Plumbing $265.00 It was,~moved by Councilman Bass that the lowest bidder, Fortner Plumbing be awarded the contract in the amount of $215.00 dollars, seconded by Councilman Douglas and passed. 4. PROTECTIVE SHIELD Chief Mobley requested authorization to take new 1977 Police car to Sebring to have Protective Shield installed in rear glass in the amount of $150.00 dollars. Councilman Bass moved to authorize newbsh~wlds~in both new cars, seconded by Councilman Douglas and passed. 5. PLANS FOR NEW~POLICE STATION Chief Mobley discussed applying for a 100~ Grant to construct a new Police Station. The Council authorized Ch~f Mob~ey to have plans drawn for new Police Station if the Engineer will be willing to enter into an agreement whereby ~e will draw up the plans with the stipulation that he would be paid only if the City receives the grant. FIRE DEPARTMENT FIRE REPORT Fire Chief 01eh Godwin submitted the monthly Fire Report for the month of May, 1977. 2. WIRING RUN FOR NEW AIR CONDITIONING Councilman Bass moved to authorize Chief to have new wiring fun for new air condition~ in the Fire Station, seconded by Councilman Douglas and passed. SCOT AIR TANKS Chief Godwin requested authorization to take Scot AI~ Tanks for prewentative maintenance for approximately $40.00 dollars each. Councilman Bass moved to have Scot Air Tanks serviced, seoonded by Councilman Douglas and passed. 4. FIRE FIGHTING EQUIPMENT Chief Godwin requested authorization th purchase six new fire fighting suits, priced at approximately $100.00 dollars per suit. It was moved by Councilman Bass to allow Chief Go~in to purchase six fire fighting suits, seconded by Councilman Douglas and passed 5. EMPLOYMENT APPLICATION Chief Godwin submitted an employment application on Louis Keith Tomey for employment in the Fire Department. It was moved by Councilman Douglas to employ Tomey as Fire Chief Assistant subject to passing physical at $1o,5oo.oo dollars per year, seconded by Councilman Bass and passed. WATER, SEWER ~a~D STREET DEPARTMENTS Director Fortner submitted the ~ollowing items for discussion or approval: 1. MONTHLY AND ANNUAL REPORT Director Fortner submitted the Water, Sewer and Street Departments monthly report for May and his annual report. 2. GENERATOR Director Fortner submitted bids for hook-up of Generator at Water __~ Plant. Councilman Bass moved to accept low bid from Florida Wiring of $3,600.00 dollars to hook-up new Generator at Water Plant, seconded by Councilman Douglas and passed. GENERATOR BUILDING - WATER Director Fortner informed the Council that. Lacy Construction has com- pleted Generator Building at Water Plant with the exception of three items, which he plans to finish by the end of the week. He stated that Mr. Batton had re- quested payment. The Council requested that an affividate of no liens be signed by Lacy Construction. It was moved by Councilman Bass to pay Lacy Construction upon com- pletion of the job and upon the approval of Director Fortner and Building Official Spray, seconded by Councilman Douglas and passed. --- CITY CLERK City Clerk, Sandra Bennett, presented the following items ~or discussion or approval: 1. CITY COUNCIL MEETINGS SCHEDULED The City Clerk presented the schedule for the regular Council meeting dates to be as follows: July 12th and 26th, 1977 August 9th and 23rd, 1977 September 13th and 27th, 1977 2. REZONING APPLICATION Clerk Bennett, presented a rezoning application from ~e Anita Sherman Williams, rqquesti~g the Council to rezone "Beginning 611.5 feet south ~f North- east corner of SE~ of Section 21 Township 37 South, Range 35 East, run West at right angles ~61 feet more or less to east boundary of Parrott Avenue, south ilon~ ~ast ~oun~ary o{ Parrott Avenue, 310 feet, east a~ right angles 361 feet more or less to east boundary of section 21,north along east boundary of section 21, a distance of 310 feet more or less to point of beginning, being a part of Government Lot 4, Section 21, Township 37 south, Range 35 East, 0keechobee County, State of Florida, Original Town of 0keechobee, from Residential (R-l) to Com- mercial. 2123 Councilman Bass moved go instruct the Cl.rk to procood with no~±f±cation to the owner and to advertise public hearings~ seconded by Councilman Douglas and passed POST OFFICE PARKING LOT President Domer read letter to Mr. Ron Pitts, RE: Traffic Problem caused by ingress,~ress and lack of adequate parkin¢ area at the Post Office in ' Okeechobee, for the Councils approval. Council approved. DEP~TMENT OF TRANSPORTAT~0N President Domer ~ead for the Councils approval a letter to Ms. Adele Spielberger, Director of The Governor's Highway Safety Commission regarding the City's traffic deficiencies on State Road 70 and U~S. 441. The letter pointed out that a second bridge would help alleviate congestion, and requested a grant if available. Council approved and authorized forwarding the letter. PENALTIES ON WATER BILLS Councilman Bass discussed abolishing penalties on Water Bills for persons 65 or older. Based on a 60 day grace period. Action postponed for further investigation of City Ordinance. DISBNRSEMENTS Vouchers on the following funds were approved: General Fund 41,702.71 Water and Sewer 0perati~n and Maintenance 194,430.16 Water and Sewer Revenue Fund 279,383.37 Water And Sewer System Revenue Fund 1,943.44 Cigarette Tax 30,000.00 Federal Revenue Sharing Trus~ Fund 34,211.16 ADJOURNMENT There being no further basiness, the Council adjourned at 10:30 P.M. Russell V. Domer President City Council City of 0keechobee Attest: Sandra Bennett City Clerk City of 0keechobee