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1977-10-11 Regular,'2168 LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT - ZONING Dr. Ernest R. Bartley, A.I.P., appeared before the Council for further discussion on the draft text of the new zoning Ordinance. ADJOURN~E~T There being no further business, President Domer declared the meeting adjourned at 9:00 P.M. Russell V. Domer President City Council City of 0keechobee ATTE ST: Sandra Bennett City Clerk City of 0keechobee FIRST REGULAR MEETING TUESDAY~ OCTOBER ll..~ 1977 The City Council of the City of Okeechobee, Florida, convened in regular session in the Council ~hambers at the City Hall, 0keechobee, Florida, at 7:00 P.M., on Tuesday, October 11, 1977. President Russell V. Domer presiding. Councilmen Edward W. Douglas, Lytle Raulerson and Jim Knight were present. Councilman Lavon Bass ~as absent. Others present were: Audley Dunham, Mayor; Sandra Bennett, City Clerk; David Conlon, City Attorney; Larry Mobley, Chief of Police; L. C. Fortner, Director of Public Works; 01en Godwin, Fire Chief; Richard B. Spray, Building Official and Sylvia Christian, Deputy Clerk. The Invocation was offered by Councilman Edward W. Douglas. PUBLIC HEARING BID TABULATIONS It being the hour of seven o'clock and pursuant to a notice of public hearing sealed bids were received opened and read from two (2) companies for the purchase of two 1977 or 1978 ½fon pick-up trucks, with trade-in on one 1969 Dodge ½ ton pick-up truck. Gilbert Chevrolet Company - $9,956.00 0keechobee 'Motor Company - $9,832.00 Following discussion, Councilman Douglas moved to award bid to Okeechobee Motor Company in the amount of $9,832.00, seconded by Councilman Raulerson, motion carried. TAYLOR ESTATES SUBDIVISION Mr. Joseph W. Porten appeared before the Council submitting revised plans 2169 on Taylor Estates Subdivision. Mr. Porten informed the Council that he had met with Mr. Tom Conely, Attorney for J. G. Kelley Estate, regarding the easement for Sewer Line required ~rom Kelley's Trailer Park. He stated that Mr. Conely had said they w~re agreeable to that aaad they were ready to go immediately. President Domer stated that he had inspected the property and had talked with several people concerning the possibility of flooding due to the area being so iow. He concluded that the consensus was that with the locks at the lake, the flooding can probably be controlled where it will be ~hlikely it will ~et high enough where the little dike is necessary. He further stated that he believed that the land can be used satisfactorily with City Sewer. President Domer inquired of Mr. Porten, whether he had gotten permission to open the ditch which is necessary to star~ the drainage project. Mr. Porten replied that he had discussed this with the Flood Control District and they had said that as it is draining now there wouldn't be any problem. Responsibility of maintaining the ditch wRich was along the City Right of Way was discussed. Mr. Porten stated that he would agree to maintain the ditch properly. President Domer informed Mr. Porten that before a final acceptance of his subdivision, the pland would have to be compared with the Subdivision Ordinance to see if they met with all requirements and that the City Departments would have to investigate to see if the changes were approved. President Domer stated that if everything is in order, formal action may be taken at the next Regular Meeting on October 25, 1977. GARBAGE FRANCHISE Mr. Tave Waldron appeared before the Council requesting approval to transfer his Garbage Franchise and City contract to Jay Huffman. President Domer questioned Attorney Conlon if the new owner would have to make a formal application to the Council. Attorney Conlon stated that the Council would hawe to approve the transfer as required by City Ordinance and to make sure the new owner understood that hQ would have to comply with all the requirements and to answer to the Council for his services. He informed Mr. Waldron that the contract would have to be approved by the Council ~nd recommended the new owner appear before the Council. Mr. Waldron discussed the sale contract with the Attorney. He stated ~hat he was holding 51~ of the corporation until the final payment, and in the event the regulations were not complied with, he could take o~m~othe business immediately. Attorney Conlon requested to study the contract, that a transfer may not be re- q uired at the present time until the sale is complete. Follwwing further discussion, action was postponed and the Council requested Mr. Waldron tD give Attorney Conlon a copy of the contract for study. The matter to be discussed at the next meeting and requested Mr. Waldron to notify Mr. Huf- fman to appear also. 2170 VARIANCE - CITY LICENSE Mr. E~mer Smith appeared before the Council requesting authorization to have a mechanic and welding shop for at least one year in his garage at his residence at 316 South West 2nd Avenue which is zoned Residential. President Domer stated that the surrounding area is zoned Commercial but present Ordinance states that a person can not live in a Commercial area which Mr. Smith is plannisg to do. Attorney Conlon stated that the property could be zoned Commercial and carry on in the activity that is lower grade in Commercial in ~hat area, the house can still stay and the person can still live there. After the building has been torn down, a house can not be built to replace the former use but a Commercial building would have to be build. Councilman Raulerson questioned issuing Mr. Smith a temporary variance for one year. Building Official Spray informed ~he Council that as long as Mr. Smith lives on the property a special variance would have to be issued for it has been the Cities rules and regulations not to allow an individual to build on the ground floor of a Commercial zoned area. Follwwing further discussion, Councilman Dom~las moved to issue a variance on 316 South West 2nd Avenue, to be used as a repair shop and a garage for a period of one year, seconded by Councilman Knight and carried. WATER SERVICE - DELIQUENT BILL Mr. P.P. Evans appeared before the Council in regards to a deliquent bill left by a tenant re, ting one of his houses. He explained that he had been in- fommed the owner was responsible for any water debts left. He requested some consideration on the bill because he wasn't notified about it. Attorney Conlon stated that there was a City Ordinance adopted 1958, copied into the 1962 code which provides that the owner o~ real property serv~dd, with water is responsible for the bill in the event the tenant leaves. He also read City Ordinance which provides that if water bill is not paid within a certian len~th[~of time, the service will be disconnected and shall not be turned back on until all past due charges have been paid together with re-connection cha~ge~ Following a lengthy discussion, Councilman Knight commented that we have to go along with the 0rdinanee. Councilman Douglas stated that it wasn't the first time the Council had been confronted with this and it cost the City money to produce water, the Ordinance was set. Councilman Raulerson stated that if one consideration was given then all would have to be considered, and if the Ordinance reads this way, th~n it will have to be complied with. President Domer informed Mr. Evans that it would be a violation' against City Ordinance to give away any water service. He stated that the Council agreed to go by the Ordinance. - 11' [ l .... I- '"'] 2171 ORDINANCE - DOG Attorney Conlon questioned what the Council wanted in a new dog ordinance. The following were items to be required: 1. Vaccination 2. License Tag 4 Procedures on a vicious dog 5. Dogs running loose 6. Animal control offieer Following discussion, the CQuncil requested Attorney Conlon to draw up a rough draft and submit it to the Council for study. BEACHWATER ASSOCIATION Atto~ey Conlon discussed the time element on advertising for bids for the 500 thousand gallon clearwell He stated that he was of the opinion, that the intent of the agreement was to be six months from the date of the agreement which was August ll, 1977. He pointed out that in the agreement it states that is is under- stood by the parties that the effective date of the agreement is the completion e~f the plant which was put in to mean that the ten year guamantee would start from that date. He stated that the Agreement was using two dates, one for when the guarantee started but one whcn the bids were to be advertised. The Council agreed that the City had six months from the date of the agreement with Whieh to prepare plan and specifications for the new clearwell and ready for bidding. Director Fortner then questioned when the new billing process would start. Attorney Conlon stated that the term of the agreement hhall be for a period of ten years as mentioned herein and said term shall commence w~eh the improve- ments as contemplated herein have been completed and so certified by the City Engineer of the City of 0keechobee. He stated that when the improvements have been completed, the ten years start, it doesn't pay when the new billing starts, but they will say it starts then. Following further discussion regarding completion date of the improvements to the water plant, Councilman Douglas moved to authorize Don Shepherd, Engineer, to draw up specifications for two alternate bid prices, one for a 500 thousand gallon clearwell and one for one million gallon clearwell, seconded by Conncilman Raulerson. The motion carried. POLICE DEPARTMENT Police C~ief, Larry Mobley, submitted the following items for approval or discussion: 1. MONTHLY REPORT Police Chief Mobley submitted the Police Department activity report for the month of September, 1977. 2. SPECIFICATIONS ON POLICE CAR Police Chief Mobley submitted specifications for approval to be advertised for 2172 bids on one new 1978 patrol car needed in the Poliee Department as budgeted in 77-78 budget. Councilman Raulerson moved to authorize Chief Mobley to advertise for bids '--~ for a new car, seconded by Councilman Douglas motion carried. ' 3. EQUIPMENT Chief Mobley requested authorization to purchase an emergency double light to place on new car and apeaker in the amount of approximately $200 dollars. _. Following disucssion, Co~Lucilman Knight moved to authorize Chief Mobley to purchase equipment in the amount of $200 dollars, seconded by Councilman Douglas motion carried. 4. EMPLOYMENT APPLIC~rION - POLICE Police Chief Mobley, presented an employment application from Dalton Chandler as Dispatcher, starting salary at $7,850 on six months probation. Councilman Douglas moved to employ Chamdler, seconded by Conncilman Knight motion carried. 5. SECONDDCHANCE VESTS Chief Mobley requested authorization to purchase l0 extra vest covers at $15 dollars each for a total of $150 dollars. Councilman Knight moved to purchase l0 extra vest covers at $15 dollars each for a total of $150 dollars, seconded by Councilman Raulersmn motion carried. FIRE DEPARTMENT -' Fire Chief, 01on Godwin, presented the following items for discussion or approval: 1. MONTHLY REPORT Fire Chief Godwin presented the Fire Report ~or the month or.September, 1977. 2. FIRE TRUCK PUMPER Chief Godwin reported the fire pumper in need of reapir on the fire truck. The repair would cost approximately $1,500 dollars. Councilman Raulerson moved to authorize repDir up to $1,500 dollars, seconded by Councilman Douglas motion carried. BUILDING DEPARTMENT Building Official, Richard B. Spray, presented the Quarterly Report for the ~ Building Department. WATER~ SEWER AND STREET DEPARTMENTS Director Fortner submitted the following items for discussion or approval: 1. MONTHLY REPORT Director Fortner submitted the Water, Sewer and Street Departments report : for the month of September, 1977. 2. DEPARTMENT OF TRANSRORTATION Director Fortner submitted a letter from the Department of Transportation in- forming the City that a Pre-design Utility conference will be held on October 21, at 10:30 A.M. at the City Hall Council Room on discussion of the design of read- 2173 way plan on State Road 70 from North East 5th Avenue to Hamrick Street. All Councilmen that can are to be present. RESTORATION OF THE KISSI~MEE RIVER VALLEY AND TAYLOR CREEK - NUBBIN SLOUGH Director Fortner presented a draft copy of a booklet concerning the Kissimmee River Restoration Program for comments or criticism. Comments to be submitted by October 17, 1977 in Tallahassee~'~ 4. EMPLOYMENT APPLICATION - STREET DEPARTMENT Director Fortner presented an employment application on Joe Brown, Jr., for employment in the Street Department. Councilman Knight moved to employ Brown at $7,500 per year, seconded by Councilman Raulerson motion carried. 5. CETA TITLE 6 Director Fortner reported on the availability of CETA employees, and sub- mitted application for 8m~ployees for the Councils approval. He stated ~hat a meeting was scheduled to be held in Bartow, and that the application applying for CETA employees had to be returned by F~iday, October 14, 1977. Councilman Douglas moved to authorize Director Fortner and Fire Chief Assistant Keith Tomey to attend meeting in Bartow, seconded by Cou~ucilman Rauler- son motion carried. Councilman Raulerson moved to authorize President Domer and ~ayor Dunham to execute application for documents for CETA employees, seconded by Councilman Knight motion carried. Councilman Douglas moved to authorize Director Fortne~ and Keith Tomey be alternate signers on the documents if necessary, seconded by Conncilman Raulerson metion(~arried. CITY CLERK 1. DEPARTMENT OF TRANSPORTATION Clerk Bennett submitted a letter from ~ohn Wilson, District Traffic 0peration~ Engineer for the Florida Department of T~ansportation which stated that they had scheduled a study of State Road 70 within the City of 0keechobee as requested by the City Council. This study will be made ~rih~ the next two weeks and The Council will be advised of thef'findings and recommendations at the earliest pos- sidle date. 2. GOVERNOR' S HIGHWAY SAFETY COMMISSION Clerk Bennett Submitted a letter from Ade~e D. Spielberger, Director of the State of Florida, Department of Administration, Division of State ~lanning, Governor's Highway Safety Commission, in response to the Council's request for information relating to the availability of Section 402 Highway Safety Funds for local highway safety programs during fiscal year 1978, and encloeed program ~..: material and application. FIRE AGREEMENT Councilman Raulerson questioned if the 0keechobee County Fire Department had 2174 given the City a formal notice of wh~t they intend to do. Clerk Bennett reported that County Clerk, Clif Betts had called requesting the Fire Budget for 77-78. President Domer recommended at the end of October, to send a copy of October's Fire Report. To divide the Fire Budget by twelve monthly increments and to bill them the percentage that was used by the County by the monthly cost. Councilman Douglas s~ated that just normal business procedures he thought the City should have some formal notice or an agreement from the County. Attorney Conlon stated that the City chould a~k them if they are going to put it in writing. He questioned what would the County do if we billed them for an amount and they didn't send it. Following further discussion the Council agreed by voice vote: Douglas, yes: Knight, yes: Raulerson, yes: and President Domer, yes: to give them one more month of fire service and to contact them by letter informing them that the City intends to bill them at the end of October based on the above described formula. Also, that before the end of October, the City needs to have a decision from the County Commissioners offiee on what they intend to do. Attorney Conlon was re- quested to draft said letter for Council's approval. RE-APPOINT CITY ATTORNEY Councilman Knight move~ to appoint Attorney David Conlon for City Attorney another year, from October l, 1977 to September 30, 1978, seconded by Councilman Douglas the motion carried. DISBURSEMENTS Vouchers on the following funds were approved: General Fund $36,258.64 Water & Sewer Operation & Maintenance 21,093.45 Water & Sewer Revenue Fund 76,572.42 Water & Sewer System Revenue Fund 1,943.44 Federal Revenue Sharing Trust Fund 42,617.73 ~/~JOURNMENT There be~i~ no further business the Council recessed at 10:00 P.M. until --~ October 20, 1977 at 6:30 P.M. for Workshop Meeting on New Zoning Ordinance. President City Council City of 0keechobee ATTEST: Sandra'Bennett City Clerk City of Okeechobee