1977-04-12 Regular 2091
FIRST REGULAR MEETING TUESDAY~ APRIL 12~ 1977
The City Council of the City of 0keechobee, Florida, convened in a regular
meeting in the Council Chambers at the City Hall, 0keechobee, Florida, on Tuesday,
April 12, 1977 at 7:00 P.M. President Russell V. Domer presiding. Councilmen
Edward W. Douglas, Lytle Raulerson and Lavon Bass were present. Councilman Jim
Knight was absent. Others present were: Audley Dunham, Mayor; Sandra Bennett,
City Clerk; David Conlon, City Attorney; L. C. Fortner, Director of Public Works;
'Larry Mobley, Acting Chief of Police; Sylvia Christian, Deputy Clerk; 01en Godwin
Fire Chief; and Johnny Bennett, Water Supervisor.
The invocation was offered by Councilman Edward W. Douglas.
APPROVAL OF MINUTES
Minutes of the meetings held February 8, 10, 17, 22, and 25, 1977 and March
5, 8, ll, 17, 22, and 51, 1977 were approved upon a motion by Councilman Douglas
seconded by Councilman Bass and carried.
ORDINANCE NUMBER 396 - ALCOHOLIC BEVERAGES
President Domer explained the passing of Ordinance Number 596 and read lette~
from Mayor Dunham stating his objections to approving Ordinance Number 596. He
then read Section 18 of the City Charter which states: "That every Ordinance
passed by the City Council before becoming a law shall be presented to the Mayor.
If he approves this same he shall sign it, but if not he shall return it with his
objections in writing to the next regular meeting of the City Council for its
consideration, and if the City Council should pass the Ordinance by majority vote
of members present over the Mayor's veto it shall become a law. He may veto any
part or parts of an Ordinance and approve the residue. If he shall fail to re-
turn an Ordinance at or before the next meeting after its passage he shall be
deemed to have approved the same and it shall become a law without further action
Councilman Raulerson mo~ed to override the Mayor's veto, seconded by Council.
man Douglas. Councilman Bass voted "Nay". President Domer voted "Yay" motion
carried.
PUBLIC HEARING
ZONING ORDINANCE - STRATTON - FINAL HEARING
President Domer presented the final reading on rezoning of Lots 5 and 4,
Block 199, Original Town of Okeechobee, from Residential (R-2) to Commercial.
President Domer asked if there were any objections to the requested rezoning.
No objections were heard or filed. Councilman Douglas moved to rezone the
above described property as requested and to amend Ordinance Number 271, seconded
by Councilman Bass and unanimously adopted.
PUBLIC HEARING
ZONING ORDINANCE - RODE - FINAL. READING
President Domer presented the final reading on rezoning "Commencing at the
north east corner of section 28, township 57 south, range 55 east, thence run
south along the east boundary line of said section 28 for a distance of 567.00
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feet, thence run west for a distance 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~ 0ri~inal
Town of 0keechobee, from Residential (R-i) to Commercial. President Domer asked
if there were any objections to the requested rezoning. No objections were
heard or filed. Councilman Bass moved to rezone the above described property as
requested and to amend Ordinance Number 271, seconded by Councilman Raulerson
and unanimously adopted.
PUBLIC HEAR/~G
REZONING ORDINANCE - DAVIS - FIRST HEARING
President Domer presented on first reading amended Ordinance rezoning from
Residential (R-l) to Commercial for property described as "Lots 23, 24, 25, and
26, Block 200, Original Town of 0keechobee" by John S.W. Davis. No one appeared
in opposition.
It was moved by Councilman Raulerson seconded by Councilman Bass azzd vote
carried that the first readin~ of the Ordinance be approved.
PUBLIC HEARING
REZONING ORDINANCE - ROBERTSON - FIRST HEARING
President Domer presented on first readin~ amended Ordinance rezonin~ from
Industrial to Commercial for property described as "Lot 26 of Block 3, Original
Town of 0keechobee" by Herbert L. Robertson. No one appeared in opposition.
It was moved by Councilman Bass seconded by Councilman Raulerson and vote
carried that the first reading of the Ordinance be approved.
PUBLIC HEARING
REZONING ORDINANCE - CHANNEL PROPERTIES~ INC. - FIRST HEARING
President Domer presented on first reading amended Ordinance rezonin~ from
Residential (R-l) to Commercial for property described as "Lots 5~ 6~ 11, and
12, Block 41, First addition to South 0keechobee and except the south 7 feet of
said Lots 6 and 12, 0ri~inal Town of 0keechobee" by Channel Properties~ Inc.
Those appearing in opposition were: Martha Conely; Lawrence Feldmaua; Bob Phill-
ips; Theo Arthur and Mayor Audley Dunham.
Following discussion it was moved by Councilman Raulerson seconded by
Councilman Douglas and vote carried that the first reading of the Ordinance be
approved.
BID TABULATIONS - RADIO COM~UNICATIONS
Bids were received opened and read for the purchase of material and in-
stallation of a VHF High Band base station and UHF Repeater at ~he City Hall.
Bids As follow: $6,341.00 - Motorola, Inc.
$7,435.15 - General Electric
Acting Chief Mobley requested the Council to defer action on awarding the
contract until the next regular meeting for assistance in analysing the bids.
The Council agreed.
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GARBAGE FRANCHISE
Mr. Tave Waldron appeared before the Council questioning the status of the
garbage franchise.
Attorney Conlon stated that he had been working with Mr. Waldron in drawing
up a garbage franchise agreement.
Mr. Waldron also requested an increase of funds due to extra work load.
Council postponed action and requested Mr. Waldron to submit a statement.
CIVIC LEAGUE
G. D. Threadgill, Chairman of the Board, speaking in behalf of the Civic
League, appeared before the Council. Mr. Threadgill gave a brief summary on the
activities of the Civic League and questioned what recreation was available for
the youth.
President Domer stated that there are federal funds available for recreation-
al purposes and recommended the City Clerk inquire about such grants.
WATER EXTENSION
Mr. Lacy Batton appeared before the Council questioning if the City could
furnish water on North 441 at Conners Highlands.
Following discussion, the Council postponed action until the City Engineer
could view the area and submit an engineering study.
HOSPITAL CORPORATION OF AMERICA
Attorney Conlon submitted the Sewer Line Agreement for,, the Hospital Corpora-
tion of America for approval and appropriate signatures. Agreement as follows:
THIS AGREEMENT, entered into this 12th day of April, 1977, by and between
the CITY 0F 0KEECHOBEE, FLORIDA, hereinafter referred to as City, and HOSPITAL
CORPORATION 0F AMERICA, hereinafter referred to as Hospital:
WHEREAS, Hospital proposes to locate a new acute-care hospital on approxim-
ately ll acres abutting U.S.Highway 441 North, in 0keechobee County, Florida,
which property is located some distance from the City's existing 12-inch sanitary
sewer main; and
WHEREAS, the City is willing to let Hospital tap its' sewer line onto the
existing 12-inch sanitary sewer main under the terms and conditions herein stated:
NOW THEREFORE, the parties hereto, for the mutual consideration herein stated
agree as follows:
1. THAT if Hospital shall construct an acute-care hospital on the ll acre~
tract above described, within two (2) years of this Agreement, then in such
event, Hospital shall be permitted, within two (2) years of this Agreement to
install a lift station and force main from such property to the existing 12-in0h
sanitary sewer main located in the alley between North Park Street and Northeast
second street in the City of 0keechobee. The connection shall be made by in-
stalling a manhole in the aforesaid 12-inch main.
2. THAT Hospital shall be responsible for all expenses incurred and nec-
essary for said installation of the force main, lift station, manhole, and ease-
ments.
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3. THAT Hospital shall be solely responsible for operation and maintenance
of said lift station and force main.
4. THAT Hospital will not allow any other connections to the lift station
and force main without the express written consent of the City, which consent
shall not be unreasonably withheld.
5. THAT the City must review and approve the plans and specifications for
the construction of the lift station and force main before any~ contract is award-
ed by Hospital for such construction. The City, through its' representative,
shall inspect construction on the force main and will witness pressure and leak-
age tests peformed before the same shall be operated.
6. THAT Hospital shall pay to the City a plant capacity charge of $12,O00.00
which payment shall be made on completion of construction of the lift station
and force main and prior to tapping into the City's sewer main.
7- THAT Hospital shall pay a monthly sewer and water bill based upon the
normal rates in effect at the time of billing.
8. THAT any and all right-of-ways or easements used by Hospital shall~be
restored to their original condition by Hospital.
9. THAT Hospital is to install, at its' own expense, a bar screen or grinder
at said lift station for the purpose of removing or reducing the size of large
solid waste.
10. THAT said line and lift station shall be used for sanitary waste only.
No roof drains or curb drains shall connect to or cause surface water to drain to
said lift station or line.
FURTHER, IT IS AGREED, that any well water which is used on Hospital pro-
perty, for any purposes, will not be allowed to enter said lift station or line.
11o THAT Hospital reserves the right to assign this contract in whole or in
part, to its' wholly-owned Florida subsidiary.
THIS contract shall incure to the benefit of and be binding upon the parties,
their successors and assigns.
WITNESS our hands this the day and date first above written.
Councilman Raulerson moved to approve agreement and authorize Mayor Dunham to
execute, seconded by Councilman Douglas and motion carried.
208 PARTICIPATING RESOLUTION
Attorney Conlon submitted "Resolution indicating intent to join with other
general purpose units of Local Government in the Central Florida Regional Planning
Area to develop and implement a plan resultin~ in a coordinated waste treatment
management system for the area" for the Councils approval.
Councilman Douglas moved to adopt the 208 Participating Resolution, seconded
by Co~ncilm~u~ Bass and motion carried.
POLICE DEPARTMENT
Acting Chief of Police, Larry Mobl~y, presmnted the following items for
approval:
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1. MONTHLY REPORT
Police Department activity report for the month of March, 1977 was
submitted.
2. EMPLOYEE EVALUATION - POLICE
An employee evaluation on Joseph Schumacher, Police Department, was sub-
mitted by Chief Mobley for the Councils approval. He recommended that Schumacher
be given his Police Incentive of $300.00 dollars, as he has been employed with
the City for a year.
Councilman Bass moved to give Schumacher his incentive pay of $300.00
dollars, seconded by Councilman Raulerson and passed unanimously.
EMPLOYEE EVALUATION - POLICE
An employee evaluation on Kenneth Miller, Police Department, was submit-
ted by Chief Mobley for the Councils approval. He recommended that Millers sal-
ary be increased to $9,250.00 dollars per year, from $8,850.00 per year.
Councilman Bass moved to increase Millers salary to ~9,250.00 dollars per
year, seconded by Councilman Raulerson and passed unanimously.
4. OFFICE EQUIPMENT
Acting Chief Mobley, requested authorization to purchase a new typewrit,
in the amount of $236.23, as it will cost $75.00 dollars to repair the old type-
writer.
Councilman Bass moved to purchase new typewriter in the amount of $236.23
dollars, seconded by Councilman Douglas and motion carried.
FIRE DEPARTMENT
1. MONTHLY REPORT
Fire Chief, 01en Godwin, submitted the Fire Report for the month of
March, 1977.
BUILDING DEPARTMENT
1. QUARTERLY REPORT
Building Official, Richard Spray, submitted the Building D.~partment
quarterly report.
WATER~ SEWER AND STREET DEPARTMENTS
Director Fortner submitted the following for discussion or approval:
1. MONTHLY REPORT
Director Fortner submitted the Water, Sewer and Street Departments report
for the month.~of March, 1977.
2. COMMUNICATIONS
Director Fortner reported that he had contacted Washington concerning the
use of anti-recession funds for the purchase of two new base stations for the
Fire Department and Public Works Department.
Councilman Raulerson moved to purchase two new base stations through
anti-recession funds, seconded by Councilman Bass and ~otion carried.
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3. STOCK ITEMS - WATER PLANT
Director Fortner requested authorization to purchase 48 - ~'! meters
in the amount of $1,593.60 and 100 concrete meter boxes in the amount of $710.00
dollars.
Councilman Bass moved to purchase stock items for Water Plant~ seconded by
Councilman Douglas and motion carried.
4. WEED AND GRASS TRIM~ER
Director Fortner requested authorization to purchase a weed and grass
trinuner in the amount of $262.90.
Councilman Douglas moved to purchase One Model 657 Weed Eater in the
amount of $262,90, seconded by Councilman Raulerson and motion carried.
5. BEACHWATER ASSOCIATION
Director Fortner submitted two letters from Donald Shepherd one to
himself and one to Farmers Home Administration, RE: Application of Beach Water
Association for F.H.A. Loan.
The Council authorized Director Fortner to hold the letter to Farmers
Home Administration until the City receives agreement between Beach Water Assoc-
iation and City concerning water rates.
6. BIDS FOR CHEMICALS
Director Fortner requested authorization to advertise for bids for
chemicals for the Water Department.
Councilman Bass moved to authorize Director Fortner to advertise for
bids, seconded by Councilman Raulerson and passed.
7- BIDS ON LABORATORY EQUIPMENT AND FURNITURE
Director Fortner requested authorization to advertise for bids for
laboratory equipment and furniture.
Councilman Raulerson moved to authorize Director Fortner to advertise
for bids for laboratory equipment and furniture, seconded by C~ncilman Bass
and motion carried.
8. STREET OPENING
Director Fortner reported receiving a request from Mr. Dowling Warlord
to open North East 5th Street next to Taylor Creek.
After discussion the matter was referred to Councilman Knight and Bass
for investigation.
CITY CLERK
1. REZONING APPLICATION
Clerk Bennett, .presented a rezoning application from Roxie Olive Light-
sey, requesting the Council to rezone lots 9 and 10, Block 126, Original Town of
0keechobee, from Residential (R-2) to Commerical.
Councilman Bass moved to instruct the Clerk to proceed with notification
to the owner and to advertise public hearings, seconded by Councilman Douglas and
passed.
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2. EMPLOYEE EVALUATION
Clerk Bennett, presented employee evaluations on Sylvia Christian and
Shirley Williams for a SD00 dollar pay increase per year.
Councilman Bass moved to authorize SDO0 dollar increase to be taken out
of anti-recession funds~ seconded by Councilman Raulerson and passed unanimously.
5. CITY FUNDS
President Domer brought to the Councils attention that the interest on
C.D.'s should be advertised out on bids to the local banks. Attorney Conlon to
investigate situation.
MUNICIPAL FINANCE DIRECTOR ASSOCIATION
Clerk Bennett, requested permission to attend Finance Director Seminar to be
held in Georgia on April 17 through April 2I, 1977.
Councilman Raulerson moved to authorize Clerk Bennett to attend Finance
Director Seminar, seconded by Councilman Bass and motion carried.
0KEECHOBEE REPUBLIC COMMITTEE
Joe Anthony, representing the 0keechobee Republic Committee, informed the
Council that the Committee is planning to plant two Norfolk Pines in front of the
City Hall in honor of Arbor Day.
Council agreed to attend the ceremony to be held Saturday, April 16, 1977 at
4:00P.M.
FIRE TRUCK
Councilman Raulerson reported a need for a D5 gallon drum of rust preventive
in the amount of $262.50.
Councilman Raulerson moved to purchase a D5 gallon drum of rust preventive
for the inside of fire truck tanks in the amount of $262.50, seconded by
Councilman Bass and passed.
DISBURSEMENTS
Vouchers on the following funds were approved:
Federal Revenue Sharing Trust ~und $190,999.66
Water & Sewer System Revenue Fund $ 1,943.44
Cigarette Tax $100~000.00
Water & Sewer Revenue Fund $197,429.60
General Fund $ 23,335.74
Water & Sewer Operation & Maintenance $145,877.80
ADJOURNMjENT
There being no further business, the Council recessed at 10:30 until
Thursday, April 14, 1977 at 7:00 P.M.
Russe /. Domer
President City Council
City of 0keechobee
Sandra Bennett
City Clerk
City of Okeechobee