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1978-09-12 Regular Meeting 2322 : FIRS~ REGUI~AR MEETING TUESDAY.:. SEPTEMBER 1.2.~ 1978 The City Council of the City of 0keechobee, Florida, convened in Regular Session in the Council Chambers at the City Hall, 0keechobee, Florida, at 7:00 P.M., Tuesday, September 12~ 1978. President Pro-Tern EdW~r~ W. Dou~laslfpresiding. Councilmen Larch Bass~ Jim Knight and Lytle Raulerson were present. Presidmm~rfl~ussell V. Domer was absent. Others present were: David Conlon~ City Attorney; L. C. Fortner, Jr., Director of Public Works; Larry Mobley, Police Chief; E. H. Reutebuch, Assistant Fire Chief; Don Sheppard, Engineer; Sylvia Christian, Acting City Clerk and Shirley Till, Deputy Clerk. The Invocation was offered by Councilman Jim Knight. APPROVAL OF MINUTES It was moved by Councilman Bass and seconded by Councilman Raulerson and vote carried that the minutes of July 25, 27, August 3, 8, 10, 15 and 17, 1978 be approved and recorded as corrected. PUBLIC HEARING FEDERAL REVENUE SHARING FUNDS It being the hour of seven o'clock P.M. and pursuant to a notice published August 31, 1978, the meeting was opened ms a public hearing as required by Section 121 (b) (1) of the State and Local Fiscal Assistance Act of 1972 which requires each recipient government to have a public hearing on possible uses of funds. President Pro-Tem Edward W. Douglas informed that the Council had discussed uses as follows: General Insurance $3~,000.00 Street Lighting and Electricity $~6~000.00 Maps and Reproductions $2,300.00 Fire Hydrant Demand Charge $22,440.00 He asked for any remarks or comments from anyone regarding the pro- posed uses of the Tenth Entitlement of Federal Revenue Sharing Funds. Councilman Raulerson stated he did not think the City should take Federal Revenue Funds for use on the County.Is share of Fire Hydrants. President Pro-Tem Edward W. Douglas asked if the Council wished for the County to pay their share of the Fire Hydrant Charge. The Council agreed that the County should pay their share. Councilman Raulerson moved to take $5,160.00 dollars from the Fire Hydrant Demand Charge and put in Parks and Recreational making the total $17,280.00 for City Fire Hydrant Demand Charger seconded by Councilman Knight and vote carried. 2323 SEWER LINE AGREEMENT - CITY AND 0KEECHOBEE PLAZA Mr. Charles Royal and Andrew Beaver appeared before the Council for discussion on the Sewer Line Agreement. Attorney Conlon informed that this was just a rough draft of the proposed agreement. Mr. Royal stated that they were unaware from Item #3 that a deposit had to be put up for future plant capacity. He informed they had agreed to pay for this system 100~ and turn it over to the City. They request for Item #3 to be deleted. Following a lengthy discussion Councilman Knight moved to delete any charge in item #3, seconded by Councilman Bass and vote carried. Director Fortner stated if they go through with this contract how does the Council want to handle the money situation? Following discussion Councilman Bass moved to receive payments as billed by the owners on a draw schedule, seconded by Councilman Raulerson and vote carried. New Agreement rough draft to be drmwn. PUBLIC HEARING BID TABULATION - LIFT STATION AND FORCE MAIN TO SERVE COM~RRCIAL AREA It being the hour~of seven thirty P.M. and pursuant to a notice published August 31, and September 7, 1978, sealed bids were received, opened and read for installing Lift Station and Force Main to serve Commercial Area. One Bid was received from Clemons Construction Company for a total Bid amount of $112,159.80. Begin in 14 calendar days and complete in ll4 calendar days. Following a lengthy discussion Councilman Raulerson moved to reject bid, not to rebid and give approval for Royals and U-Save to do their own contracting negoitions for this proposed agreement with the approval of our Engineer, seconded by Councilman Knight and vote carried. 0KEECHOBEE LIMITED Attorney Conlon stated he had found their project to be legitimate and they have made financial arrangements with a local bank. Tapes from previous meetings to be listened to. Further discussion at a later date. COMPENSATION CLAIM Atte'rney Conlon stated that the Workmens Compensation claim had been filed with Tallahassee on Fire Chief 01eh Godwin. POLICE DEPARTMENT 1. MONTHLY REPORT Chief Mobley submitted the Police DeDartment Activity Report for -'~ the month of August, 1978. 2. PROMOTION - POLICE Following a lengthy discussion Councilman Bass moved and Councilman Raulerson seconded and vote carried to make the following promotions in the Police Department with increases. Promotion of Eugene O'Neill from Patrolman to Investigator with a salary increase of $500. Promotion of Richard Walker from Patrolman to Sergeant with a salary increase of $560. Evaluation and end of probation report on Vernon Harrison, Dis- patcher. Recommend that his probation be ended and receive a aalary increase of $500 bringing total annual salary to $8,350 per year. FIRE DEPARTMENT 1. MONTHLY REPORT Assistant Fire Chief Reutebuch submitted the Fire Report for the month of August, 1978. 2. RESUSCITATORS Assistant Fire Chief Reutebuch informed the Council that they have two breathing resuscitators in need of repair. The Council granted Assistant Fire Chief Reutebuch permission to inquire the cost to have them repaired and report to Co~uacil. CITY CLERK 1. SOUTHEAST NATIONAL BANK OF ST. PETERSBURG Acting Clerk Christian submitted a letter from t~e Southeast National Bank of St. Petersburg informing the City that they were resigning as co~pon paying agent as of October 2, 1978. Acting Clerk Christian to contact the local Banks and inquire if they would accept the position of paying agent for the General Obligation Refunding Bond. 2. SCHEDULE OF REGULAR MEETINGS The Regular Meetings of the City Council are to be as follows: October 10th and 24th, 1978 November 14th and 28th, 1978 December 5th, 1978 2325 3. RENEWAL BOND FOR 0KEAIRC0~ INC. Actin~ Clerk Christian submitted a letter from UltraCom~ Inc.~ enclosing the renewal bond of 0keAirCo, Inc. in the amount of ~5,000.00. 4. 0KEECHOBEE COUNTY Actin~ Clerk Christian submitted a letter from Kyle S. VanLandingham~ County Attorney, requesting the City to close and abandon that portion of North East l~th Street described as follows: A strip of land, 20.00 feet in width~ lyin~ within Sections 15 and 16, Township ~7 South, Range ~5 East, 0keechobee County, Florida. Said parcel of land bein~ more particularly described as follows; That part of the North 20.00 feet of North East l~th Street~ formerly known as 20th Street, lyin~ East of the East ri~ht-o£-way line of Parrott Avenue~ (also known as State Road #15 and U.S. ~1) ~ City of Okeechobee~ acoordin~ to the Plat thereof recorded in Plat Book 1~ pa~e 10, of the Public Records of 0keechobee County~ Florida, and West of the West right-of-way line of Taylor Creek Water Shed, as shown on Plat #2 of Taylor Creek Water Shed, accordin~ to the plat thereof recorded in Plat Book 3, pa~e 26, of the Public Records of 0keechobee County~ Florida. The above 20 feet, alon~ with an additional strip of land located north of the Roadway will be used to facilitate drainage by improvin~ and reroutin~ the "airport ditch" from N. U.S. ~1 East to ~aylor Creek. The board of County Commissioners respectfully request the City Council to hold a public hearin~ to consider this matter. Actin~ Clerk Christian also submitted a letter from David Conlon~ City Attorney in response to the letter concernin~ the necessary steps and procedures to abandonin~ a City Road. He submitted the followin~ information and statutory authority: Case law indicates that prodedures for municipal abandonment of roads under its jurisdiction are identical to those for a County as codified in Florida Statute Section D36.09 et seq. This section states in part;" ... the request of any a~ency of the State~ or the United States, or any person to the commissioners to take such action shall be in writin~ and shall be spread upon the minutes of the ~ommissioners~" After such a petition is received~ notice must be published once in a local newspaper of ~eneral circulation, and this notice must contain the date, time and place of a public hearing to consider the matter. In conclusion, based upon statutory authority, the City should re- quire a petition from the County or any private citizen, prior to con- sideration of street abandonment in this case. In requiring this petition there will be no question as to the City's complieuace with State Law. Also, as indicated above, notice and hearings must be held prior to any official act of abandonment by the City. --' Following discussion Councilman Raulerson moved to accept petition, authorize clerk to advertise in paper and hold public hearing on Spetember 26, 1978, seconded by Conncilman Bass and vote carried. 5. REMOVAL OF SCREENS Acting Clerk Christian requested to have the screens removed from windows in Clerk's Office and stored. Council approved. HIGH PRESSURE PUMP TO NEW CLEARWELL ADDITION Don Sheppard, Engineer informed that if the Council agreed they could negotiate with LaGrow for a change order for a high service pump to be connected to the clearwell. Following discussion Councilman Bass moved to allow Engineer, Don Sheppard to negotiate change order with LaGrow for high service pump on new clearwell and stay within $25,000 of budgeted amount, seconded by Councilman Knight and vote carried. WATER~ SEWER AND STREET DEPARTMENTS 1. MONTHLY REPORT Director Fortner submitted the Water, Sewer and Street Departments Report for the months of July and August, 1978. 2. WATER TANKS Director Fortner informed the Council that the Water Tanks are not covered by Insurance. A price from Berger Insuranc~ is $325 dollars per tank p~m year. Director Fortner feels this is too expensive. Council agreed not to insure. 3. AOREEMENT - DEPARTMENT OF TRANSPORTATION - UTILITY RELOCATION Director Fortner submitted a Utility Relocation Agreement from Department of Transportation for 441 South four lane section. Need signatures. Councilman Bass moved to accept agreement for relocation of -. ulilities from Department of Transportation, seconded by Coruacilman Raulerson and vote carried. 4. COUNTY FIRE DEPARTMENT Director Fortner informed the Council the County Fire Department is using water from the fire hydrants. The Fire Chief has been in- forming Director Fortner of the amount of gallons used per month, but there has not been a rate set up as to what to cha~ge. Following discussion Councilman RauAerson moved ~oumty $1~00 ~dotta~ per ~heusand gaAlons fOP wa%er ~eiheri th~,h~4~Lnt 2327 is located in the City or County, seconded by Councilman Knight and vote carried. 5. RETIREMENT Director Fortner informed the Council that he had contacted an Attorney in Ft. Pierce who agreed to look at Retirement Plan and m~ke recommendations and corrections at $50.00 per hour. Director Fortner to get back in contact with AttOrney in Ft. Pierce and see if he would look at the Retirement Plan and give an estimate. He also informed that the City's Attorney is on the Retirement Plan. To be on the Retirement Plan an employee must work 20 hours per week. Director Fortner to investigate and discuss with Attorney Conlon. 6. CLIMBING OF WATER TANK Director Fortner submitted a bill from Billy McKnight and Danny Heito~ of $25 each for climbing water tank and repairing hole from gun shot. Councilman Knight moved to pay Helton and McKnight $25 each for climbing water tank and repairing hole from gun shot, seconded~by Councilman Bass and vote carried. DISBURSEMENTS Vouchers on the following funds were approved: Water & Sewer Operation & Maintenance Fund $91,780.29 Anti-Recession Fund $3,208.34 General Fund $42,310.13 Cigarette Tax Fund $100,000.00 Water & Sewer Revenue Fund $114,063.32 Water & Sewer System Revenue Fund $2,024.99 ADJOURNMENT There being no further business, the meeting Recessed at 10:35 P.M. until Thursday, September a4, 1978 at 7:00 P.M. Russell V. Domer President City Council City of 0keechobee ATTEST: Syria Christian Acting City Clerk City of 0keechobee