1978-02-28 Regular SECOND REGULAR MEETING TUESDA~ FEBRUARY 28~ 1978
The City Council of the City of 0keechobee, Florida, convened in
Regular Session in the Council Chambers at the City Hall, Okeechobee,
Florida, at 7:00 P.M., February 28, 1978.
President Russell V. Domer presiding.
Councilmen Edward W. Douglas, Jim Knight and Lytle Raulerson were
present. Councilman Lavon Bass was absent.
Others present were: Audley Dunham, Mayor; Sandra Bennett, City
Clerk; David Conlon, City Attorney; L. C. Fortner, Director of Public
Works; 01eh Godwin, Fire Chief; Richard B. Spray, Building Official;
Sylvia Christian, Deputy Clerk and Shirley Williams, Deputy Clerk.
The Invocation was offered by Councilman Edwmrd W. Domglas.
APPROVALj OF MINUTES
It was moved by Councilman Douglas, seconded by Councilman Raulerson
and vote carried that the Minutes o£ February 14, 1978 be approved as
recorded.
PUBLIC HEARING
ZONING ORDINANCE - MESERVE - FINAL HEARING
President Domer presented the final reading on rezoning of property
described as Lot 3, Block 1, South 0keechobee, located at the corner of
South West 8th Street and South Parrott Avenue, from Residential (R-l) to
Commercial.
President Domer asked if there were any objections to the requested
rezoning. No objections were heard or filed.
Councilman Raulerson moved to rezone the above described property as
requested and to amend Ordinance No. 271, seconded by Councilman Knight
and vote carried.
PUBLIC HEARING
ZONING 0RDIN~NCE - JENKINS - FINAL HEARING
President Domer presented the final reading on rezoning of property
described as Beginning at a point 330 feet south of the north west corner
of the south west Quarter (SW~) of South East Quarter (SE~) of Section 22,
Township 37 ~o~th, range 35 east and run thence south 132 to a point, thence
run east 165 feet to a point thence run north 132 feet to a point, thence
run west 165 feet to a point. Containing one-half (½) acre, from Agriculture
t o Residential (R-l).
President Domer asked if there were any objections to the requested re-
zoning. No objections were heard or filed.
Councilman Douglas moved to rezone the above described property as re-
quested and to amend Ordinance No. 271, seconded by Conncilman Raulerson
and vote carried.
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CHAMBER OF COM~ERCE
Mr. Steve Kohn appeared before the Council submitting wri~ien Park
Rules and Regulations for Speckled Perch Festival and Labor Day Barbecue, --~
and for the Chamber to have monoply over the Park these two days.
Councilman Raulerson stated that according to the City Charter the
Mayor was in charge of the Park.
President Domer questioned the Mayor if he concurred with allowing
the Chamber to have charge of the Park these two days if it was done on
an annual basis. The Mayor gave his concurrence.
Councilman Knight moved to grant the Chamber monoply of the Park on
~these two_days renewable on an annual basis, secQnded by Councilman
Raulerson and vote carried.
ALLEYWAY OPENING REQUEST
Mr. Marvin Wherrell~ Jr. appeared before the Council requesting that
the alleyway in Block 175 be opened as he needs the access for Delivery
Trucks to enter the rear of his building.
The persons appearing in opposition were Nick Collins and Peggy Hudson.
President Dmmer questioned if the trucks could not enter to the rear
of the store from the alleyway opened from Highway 441 back. Mr. Wherrell
stated that he is adding twenty-five feet to the rear of his store and there
will not be enough room for the trucks to turn around.
President Domer stated that the alley runs very close to Mrs. Collins
home, and he thought at the time if there was any other way that it could
be worked out it would be very humane to not open the alley unless it was
absolutely necessary. He also stated that if Mr. Wherrell has no other way
to get to the rear of his store this puts the Council into a position of
having to open the existing alley.
Councilman Knight suggested putting a gate over the alleyway. Discussion
with the Attorney proved a gate could not be put over the alley.
Councilman Raulerson disqualified himself from speaking.
Councilman Douglas stated that legally the alley could not be kept
closed.
Councilman Knight questioned if making the alley one way would solve
the problem.
Following a ~engthy discussion Councilman Knight moved to open and
make~lthe alley one way from West to East and authorize Director Fortner to
install necessary one way signs~ do not enter signs and remove water me~e~s,
seconded by Councilman Douglas and vote carried.
MERCHANTS DOING BUSINESS OUT OF AUTOMOBILES
Mr. Robert Black, owner of Al's Trading Post, appea~d before the
Council in objection to persons being allowed to have road side sales. He
questioned if this could be stopped.
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President Domer stated that under state law vegetable stands could
not be stopped but this type of pottery, if there is any type of Ordin-
ance or State Law that would ~erbid the City from controlling this.
Following discussion, Attorney Conlon to investigate and report at
the next meeting.
FIRE DEPARTMENT
Fire Chief, 01on Godwin, Submitted!the following items for dis-
cussion or approval:
1. EMPLOYEE EVALUATION - FIRE
Chief Godwin submitted an Employment Evaluation on Jowell L. Bass
for the Councils approval. Fireman Bass has been employed, lwith the City
for six months and has completed schooling.
Councilman Raulerson moved to make Fireman Bass a permanent em-
ployee with a salary increase of $577.20, to $8,125.20 per year, seconded
by Councilman Knight and vote carried.
WATER~ SEWER AND STREET DEPARTMENTS
L. C. Fortner, Director of Public Works, submitted the following
items for discussion or approval:
1. WATER LINE TO NEW JUNIOR HIGH SaH001,
Director Fortner reported that Richmond Company had~not completed
their work on a Water Line to the New Junior High School. This~.work should
have been completed two years ago, and the School Board is still holding
10~ of their Contract Money. Me stated that City Employees had to com-
plete two items: (1) properly install hydrant ~and (2) locate the valve
that would shut the hydrant off in an emergency.
Attorney Conlon. stated the School Beard should transfer the money to
the Water Department Maintenance Account, and to put on their check "Contract
Porfeiture". He stated that the Penalty Clause was never certified by
the Contractor.
Attorney Conlon to contact the School Board.
2. SOUND SYSTEM - COUNCIL ROOM
Director Fortner reported that he had contacted a Company in West
Palm Beach for a Sound System in the Council Room. He submitted a letter
from Peerson Audio, Inc. which stated they would deduct $325 dollars from
the fee ~f they were awarded the contract. The $525 dollars would be the
fee for drawing the specifications.
Action postponed until chairs and carpet are installed.
5. STATE 0F FLORIDA - SI~N SURVEY
Director Fortner stated that their were no State Funds available for
a sign survey.
President Domer stated that ~e had spoken with Dr. Bartley and he
is to look into it.
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Further discussion at a later date.
C~TY CLERK
Depmty Clerk, Sylvia Christian, submitted the following items for
discussion or approval:
1. COPIER
Deputy Clerk Christian stated that the City might have a buyer for
the old copy machine. She questioned if the Council wished to readvertise?
Presidemt Domer asked if it had been advertised the second time? It
had not.
Following discussion Councilman Raulerson moved to readvertise bids
for copier with~ a minimum bid of $750 dollars~ seconded by Councilman
Douglas and vote carried.
2. REZONING APPLICATION
Deputy Clerk Christian submitted a rezoning application from B.P. and
Nora Abney, requesting the Council to advertise and rezone from Residential
(R-l) and Industrial to Residential (R-3), all of Blocks 4, 13, 12, 29, 21,
22, 11, and 20, City of 0keechobee. B~ocks 11 and 22 and Lots 12 and 13
Block 20 are presently zoned Industrial.
Councilman Raulerson stated that he thought there was a moratorium
hold on all rezonings until after the ~earings on the new zoning plan.
President Domer stated that he thought the moratorium was to hold
off on rezoning any propoerty after it had been advertised.
Following discussion Councilman Raulerson moved to instruct the De-
puty Clerk to proceed with notification to the owner and to advertise the
public hearing, seconded by Councilman Knight and vote carried.
3 · RESIGNATI ON
City Clerk, Sandra Bennett, re-submitted her resig~nation, effective
March 3, 1978.
Councilman Knight moved to accept Clerk Bennett's resignation, sec-
onded by Councilman Raulerson and vote carried.
4. SPECKLED PERCH PARADE
Deputy Clerk Christian submitted a. letter from Steve Kohn, President
of the Ct~mmber of Commerce, requesting each Councilmen's appearance to
ride in the Speckled Perch Parade to be held on Saturday, March ll, 1978
at 10:30 R.M.
President Domer asked those who would be able to ride in the parade
to contact Steve Kohn.
5. DEPARTMENT OF COMMUNITY AFFAIRS
Preside~lt Domer discussed a letter from the D~partment of Community
Affairs pertaining to the 701 Planning Assistance for HUD requirements,
along with application blanks~ pertaining to Comprehensive Planning.
The Council had agreed not to participate.
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6. MUNICIPAL CODE CORPORATION
Deputy Clerk Christian submitted a letter from the Municipal Code
Corporation and an updated proposal.
Presidem~ Domer stated that the Council had agreed to postpone action
until they see how the consolidation effort seems to be going.
U.S. ARMY CORPS OF ENGINEERS
President Domer stated that a representative fr~m the Corps of En~ine-
ers had come by to see him and had given him some information pertaining
to dredging and filling. He stated that he had heard about some discussion
at a Council Meeting per~.ainin~ to the cleaning of canals in the Wilcox
Shores area. He wanted it understood that a permit would have to be pur-
chased before this could be done. Mr. Domer stated that he had been informed '
that there are grants available through the Department of Natural Resources
in Tallahassee.
President Domer requested the Councils approval for him to contact
someone in one of the Dredgin~ Companies to look at our situation. He
also stated the County would assist in any way possible.
The Council agreed to authorize Mr. Domer to investigate.
WATER METER
Councilman Raulerson stated that he had paid a Water Bill under pro-
test. He had put in an application for a Water Meter and three weeks later
it was installed. The following day the meter was read and the water had
never been turned on. He questioned if there was some way this could be
eliminated. He f~t the person should have use of the Water Meter before
he pays the first months water bill.
President Domer questioned the basis of the Policy~ if it was from
the date he applied for the meter.
Director Fortner stated that normally when a person ties on tb the
meter and-starts using the water if they are there a p~mtion of the month
they pay so much for so many days use. If they are there three weeks out
of the month they pay for a full momth.
Councilman Raulerson stated that the water had never been run through
the meter. He stated that the c~rd had read ~ but there was a minimum
six dollar water bill for the use of the meter. He mentioned that some
people would really put up a fuss about this type of situation.
Director Fortner stated there is a chart that lists the price of water
per day, for the use of the meter for that p~rtion of the month.
President Domer questioned if the records showed the date the meter
was requested and the date it was installed. Director Fortner stated the
date that goes on the meter sheet is the actual date of installation of the
meter.
Director Fortner stated that a wrong date could have been placed on
the meter sheet.
Clerk Bennett stated that she would investigate.
CIVIL DEFENSE
Mr. Ellie Waters presented a film entitled "Twister".
ADJOURNMENT
There being no further business, the meeting Recessed at lO:00 P.M.
until ThurSday, March 2, 1978 for the First Hearing on New Zoning.
Russel~ ¥, Domer
President City Council
City of 0keechobee
ATTEST:
Sandra Bennett
City Clerk
City of 0keechobee
RECESSED MEETING THURSDAY~, MARCH ,2~ 1978
The City Council of the City of 0keechobee, Florida co~rvened in a
Recessed Session in the Council Chambers at the City Hall, Okeechobee,
Florida, at 7:00 P.M., Thursday, March 2, 1978.
President Russell V. Domer presiding.
Councilmen Edward W. Douglas, Jim Knight and Lytle Raulerson were
present. Councilman Lavon Bass was absent.
Others present were: Sandra Bennett, City Clerk; L. C. Fortner,
Director of Public Works; David Conlon, City Attorney; Ernest R. Bartley,
Planning Consultant, Sylvia Christian, Deputy Clerk; and Shirley Williams,
Deputy Clerk.
LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT - ZONING - FIRST MEARINC
Dr. Ernest R. Bartley, A.I.P., appe~ed before the Council for the
First Hearing on the Local Government Comprehensive Planning Act - Zoning.
He stated that no part of the new zoning map would be accepted at this
time.
The following persons appeared with their request:
(1) Philip Y. Berger and Virginia Berger. Mr. Berger requested that
Item #2 ~nl~dae new zoning map, south City limits, presently zoned Res-
idential (R-D) on the old zoning map which allows a multi-family density
of nine units per acre. He stated that he and his mother had gone to some
expense to plan a project for R-3 zoning there. Berger stated the present