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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 2092 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. 2O93 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. 2094 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: 209 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. 2O96 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. 2097 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