1977-01-25 Regular 2O65
SECOND REGULAR MEETING TUESDAY~ JANUARY 25~ 1977
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. on Tuesday, January 25, 1977. President Russell Domer presiding. Council-
men J. H. Knight; Edward Douglas; Lavon Bass, and Lytle Raulerson were present.
Others present were: Sandra Bennett, City Clerk; Audley Dunham, Mayor; Larry
Mobley, Acting Chief of Police; David Conlon, Attorney; L. C. Fortner, Director
of Public Works; Sylvia Christian, Deputy Clerk; 01en Godwin, Fire Chief; Johnny
-
Bennett, Water Supervisor; Richard Spray, Building Official.
The Invocation was offered by Councilman Edward Douglas.
PUBLIC HEARING
BID TABULATION - GENERATOR BUILDING
It being the hour of Seven O'Clock and pursuant to a public notice of public
hearing, two bids were received, opened and read from, Abney & Abney in the
amount of $10,788.00 and Lacy Construction Company in the amount of $7,988.00,
included in the bid from Lacy Construction Company, was a deduction of $600
from contract price if the contractor can pour roof with 3,000 PSI concrete
with 5/8" steel rods 1' 0" 0.C. each direction, 6x6 #10 wire mesh tied to steel
bars, 5½" pour with 2" x 4" pressure treated lumber imbedded in the concrete
for roof gravel stop. Roofing to be as specified.~ After tabulating the bids
and further discussion, Councilman Raulerson moved to award the contract to
Lacy Construction Company in the Amount of $7,388.00 including the $600.00 de-
duction, seconded by Councilman Bass and vote carried.
INVITATION
Linda Hunt, representing the 0keechobee Republican Party, appeared to in-
vite, The Council, Mayor, Fire Chief, and Police Chief to a party being given
for the Senior Citizens from 1:00 P.M. to 3:00 P.M. February 13, 1977, at
teen town.
HOSPITAL CORPORATION OF AMERICA
Dave Malone, Vice-President of Hospital Corporation of America and Bobby
Smith, Consulting Engineer, appeared before the Council requesting a sewer
extension on north ~41 for the new hospital.
Director Fortner reported that the sewer system could handle the capacity
after the infilteration has been repaired.
Mr. Malone s6a~ed ~hat The Hospital would agree to pay for the sewer line
and tap Fee and requested reimbursement if any 'one taps on said line.
Following further discussion, Councilman Knight moved to table action until
the City and Hospital Engineers could meet and discuss the situation, seconded
by Councilman Raulerson and motion carried.
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ALCOHOLIC BEVERAGES
Betty Everett from Betty's Bar and Bill Lancaster from West Side Tavern
appeared before the Council to request that bars be open in the City on Sunday.
Chuck Davis, Pastor of the Grace Brethern Church, appeared~ saying that
the bars should be closed on Sunday for worship.
Attorney Conlon pointed out that the subject had come up before when the
new Councilmen were elected two years ago.
Mr. Harold Atwater spoke concerning people that worship on a Saturday.
Councilman Raulerson moved to propose an Ordinance amending Ordinance 280,
seconded by Councilman Douglas.
Councilman Knight voted "nay".
POLICE DEPARTMENT
Acting Chief of Police, Larry Mobley, presented the following items for
approval:
1. RESIGNATION
A Letter of Resignation from Patrolman R. E. Tomlinson, was presented,
effective February 1, 1977.
Councilman Bass moved to accept Tomlinson's resignation, seconded by
Councilman Douglas and vote carried.
2. EMPLOYMENT APPLICATION
Acting Chief Mobley, presented an employment application from Gary Cannon
as a police officer, starting salary at ~8,~00 per year.
Councilman Bass moved to employ Cannon, seconded by Councilman Raulerson
and motion carried.
EMPLOYMENT APPLICATION
An employment application was submitted for Councils approval on Glenda
Fulwider as School Crossing Guard. Starting salary $55 per week.
Councilman Bass moved to employ Fulwider, seconded by Councilman Douglas
and vote carried.
5. EMERGENCY EVACUATION OF COUNTY JAIL
Acting Chief Mobley presented copies of a letter to Sheriff Clayton
Williams whereby The City agrees to assist the 0keechobee Sheriff's Department
in evacuating and guarding of prisoners in case of fire or other emergency.
6. LEAA WALKIE TALKIES
Acting Chief Mobley informed the Council that the Walkie Talkie charger
had been received and the walkie talkies will be delivered January 29, 1977.
FIRE DEPARTMENT
Fire Chief 01en Godwin presented the following items for approval:
1. RESIGNATION
Fire Chief Godwin presented a letter of resignation from Fireman Charles
Hood, effective February 1, 1977.
Councilman Raulerson moved to accept Fireman Hoods resignation, seconded
by Councilman Bass and motion carried.
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2. EMPLOYEE EDUCATION AGREEMENT
Charles Hood appeared before the Council regarding the employee education
agreement he had si~ned January 28, 1976, which states that in the event the
employee's employment with the City terminates prior to two years, the employee
agrees to reimburse the City for all monies paid by the City for Basic Fire
Recruit Course training. He inquired whether his being employed with the City
for one year would entitle him to only pay for half the course.
Following discussion, The Council requested Attorney Conlon to investigate
the legalties and report at the next meeting.
BUILDING DEPARTMENT
Building Official Spray presented the following item for discussion:
1. LITIGATION - WHERRELL
President Domer inquired if Building Official Spray had sent notices to
the Florida Power & Light Company and the Director of Public Works, informing
them to disconnect the electric and water services and to the City Clerk,
advising her not to issue an occupational license for the building on 803
West North Park Street owned by Marvin Wherrell, Sr. and questioned if he had
discussed the procedures with Attorney Conlon. Mr Spray replied that he had
after discussing the procedures with Attorney Tom Conley.
Mr. Spray informed the Council that Tom Conley had been retained to de-
fend the City in the suit and that this was part of the same case.
Attorney Conlon pointed out that the injuction filed had ordered hands
off the building and that the order is still in effect. He stated that Mr.
Sprays letters to the departments is violating the injuction and as long as
the court order is still on the books no action should be taken. He informed
Mr. Spray that legal procedures should be taken before any action is taken.
Mr. Spray reported that he would withdraw the letters from Florida Power
and Light and the City's Departments.
President Domer stated that the Council has hired Attorney Conlon for the
City's Attorney and when legal advise is needed to see him. He informed Mr.
Spray that he didn't want to hear of any City employee retaining another
Attorney without prior approval of the Council.
WATER~ SEWER AND STREET DEPARTMENTS
Director Fortner submitted the following items for discussion:
1. GRADER
Director Fortner informed the Council that during the cold weather, damages
were done to water grader and estimated cost of ~600 to $1,000 for repair.
Councilman Knight moved to repair the grader, seconded by Councilman
Bass vote carried.
2. TRUSTEES FOR CITY'S RETIREMENT PLAN
Director Fortner reported that it was time to re-appoint or appoint new
members to the Board of Trustees for the City's retirement plan.
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It was moved by Councilman Bass seconded by Councilman Douglas and vote
carried to appoint the following for a two year term: -'~
1. Chuck Elders - Municipal Employee
2. Phil Berger - Municipal Employee
5. Jim Knight - Municipal Employee
4. Tommy Gaughan - Firemen
5. Audley Dunham - Firemen
6. Don Metzcher - Firemen
7. Tommy Gaughan - Police
8. Audley Dunham - Police
9. Larry Mobley - Police
CITY CLERK
City Clerk, Sandra Bennett, submitted the following items for duscussion:
1. QUARTERLY REPORT
Clerk Bennett presented the Water and Sewer and General Quarterly Report.
2. AUDIT REPORT
Clerk Bennett presented the City of 0keechobee's Financial Statement for
the year ended September 50, 1976, audited by McAlpin, Curtis and 0'Haire,
Certified Public Accountants and a report with their recommendations for the
Councils consideration, also presented was the Chief Executive Officer, Mayor
Dunhams written statement of explanation to the City Council concerning the
Auditors comments.
5. COMPREHENSIVE PLANNING ACT - GRANT - RESOLUTION
The City Clerk informed the Council that the Local Government Comprehensive
Planning ~ct of 1975 requires every local government prepare and adopt a com-
prehensive plan by July 1, 1979. She stated that there are funds available to
assist municipalities in complying with these planning requirements administered
by the Department of Community Affairs entitled "701" comprehensive planning
assistance program which provides up to two-thirds of the total cost of the pro-
gram. If the Council desires to utilize these funds, the City must pass a re-
solution requesting assistance under the program and complete a prileminary
application form.
Following further discussion, President Domer presented a Resolution re-
questing assistance under the "701" Comprehensive Planning Assistance program
afterwhich Councilman Bass moved to adopt said Resolution and directed the City
Clerk to apply for the grant seconded by Councilman Knight and vote carried.
REZONING APPLICATION
Clerk Bennett, presented a rezoning application from Charles V. Stratton
requesting the Council to rezone Lots 3 and 4, Block 199, Original Town of
0keechobee, Highway 70 west from Residential (R-2) to Commercial.
Councilman Douglas moved to instruct the clerk to proceed with notification
to owner and to advertise public hearings seconded by Councilman Bass and passed.
5. REZONING APPLICATION
Clerk Bennett, presented a rezoning application from Paul W. Rode requesting
the Council to rezone, commencing at the North East corner of section 28, town-
ship 37 South, Range 35 East thence run south along the east boundary line
of siad section 28, for a distance of 567.00 feet, thence run west for a dis-
tance of 150 feet for P.0.B. thence continue west for a distance of 211.00
feet, thence run south for a distance of 192.70 feet, thence run east for a
distance of 211.00 feet, thence run north for a distance of 192.70 feet to
P.0.B. section 28, township 37 south, range 35 east, Original Town of 0kee-
chobee from Residential (R-l) to Commercial.
Councilman Raulerson moved to instruct the Clerk to proceed with not-
ification to owner and to advertise public hearings seconded by Councilman
Bass and carried.
DEPARTMENT OF TRANSPORTATION
President Domer reported that he had met with Mr. John Wilson, District
Traffic Operations Engineer, from the Department of Transportation concerning
the traffic situation within the City limits of 0keechobee. He stated that
the City could request by letter to the Department of Transportation to
conduct a survey, for the clausability of having traffic lights installed at
certian locations within the City.
President Domer explained that due to the traffic lights being for
local safety, the City would have to pay for the cost.
Following considerable discussion, the Council tabled action for further
investigation by the Council.
RENOVATING BATHROOM FIXTURES - DOWNSTAIRS
Building Official Spray presented prices on the downstairs bathrooms at
City Hall. Action postponed for further investigation by the Council.
DRAINAGE
Councilman Raulerson reported a drainage problem at the North West section
of Douglas Park. Matter referred to Director Fortner for investigation.
ADJOURNMENT
There being no further business, President Domer declared the meeting ad-
journed at 10:00 P.M.
RUSSELL V. DOMER
PRESIDENT CITY COUNCIL
ATTEST: . ,~a~,,.~'a
SAN DRA BENNETT
CITY CLERK
CITY OF 0KEECHOBEE