1989-05-16 Regular Meeting/ pKEfC\
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
May 16, 1989 - 2:00 P.M.
SUMMARY OF CITY COUNCIL ACTION
COUNCII.r4EMBERS/ACTION
VOTE
ABSENT'
yES
NO
A. Call meeting to order.
Mayor Chapman called the meeting to order at 2:011
P.M.
B. Invocation offered by Mayor Chapman:
Mayor Chapman;
Pledge of Allegiance led by Mayor Chapman
Mayor Chapman.
C. Mayor and Council attendance:
Mayor Oakland Chapman
Present
Councilman Nick Collins
Present
Councilman Jim Kirk
Present
Councilman Oscar Thomas
Present
Councilman Dowling Watford
Present
Staff attendance:
City Attorney Cook
Present
City Administrator Drago
Present
City Clerk Thomas
Present
Deputy Clerk Finch
Present
D. Motion to dispense with reading and approve the Summaxy
of Council Action for the regular meeting of May 2,
Motion to dispense with reading and approve the
Summary of Council Action for the regular meetin
1989.
of May 2, 1989 by Councilman Kirk, seconded by
Councilman Collins.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
May 16, 1989
Page Two
COUNCIIrEMBERS/ACTION IVOTE ABSENT
IYESI NO
E. Motion to approve warrant registers for April, 1989:
Motion to approve the warrant registers for
April 1989 by Councilman Collins, seconded
by Councilman Watford (General Fund -
$41,311.49/Public Utilities - $117,202.48).
General Fund $41,311.49
Public Utilities $117,202.48
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion carried.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON
Mayor Chapman stated that there were two (2)
TODAY'S AGENDA.
Interlocal Agreements (Gas Tax & Solid Waste
Management Act) which will be placed into the
agenda after Item #2.
'F. NEW BUSINESS
---!
1. Motion to appoint Mr. Lanny Lancaster as a new
Motion by Councilman Watford, seconded by
waste water treatment plant operator assigned to
Councilman Kirk, to appoint Mr. Lanny Lancaster
the public utilities department - Director of Public
as a new waste water treatment plant operator.
Utilities.
Mr. Lancaster was introduced to Council by
Public Utilities Director Fortner.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
May 16, 1989
Page Three
2.
3.
Motion to reappoint Marsha Montesi to the Code
Enforcement Board - City Administrator.
Motion to approve the Interlocal Agreement with the
County for the Local Option Gas Tax (Exhibit 2) -
City Administrator Drago.
COUNCILMENIBERS/ACTION
Motion by Councilman Thomas, seconded by
Councilman Kirk to reappoint Marsha Montesi to
the Code Enforcement Board. (Ms. Montesi's
term to be: 5/16/89 through 4/30/92.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Administrator Drago explained to Council that
last years shared percentage (with the County)
was 21.84%; this year's percentage is 21.83%.
Mr. Drago stated that the City should realize
somewhere in the neighborhood of $260,000.00.
($200,000 will go into debt service to pay
the loan on `-ie street paving and the remainder
goes into the Public Facilities Improvement
Fund to cover additional paving, equipment for
Public Works, etc.) Administrator Drago
informed Council that he has "taken the last
five (5) years transportation expenditures
and worked them out" (and that the percentages
were correct). Mr. Drago explained
that for every dollar the City spends, the
County spends two dollars to stay "at the break
even point".
VOTE ABSENT
YES I NO
X
X
X
X
X
May 16, 1989
Page Four
3. Motion to approve the Interlocal Agreement with the
County for the Solid Waste Management Act of 1988
(Exhibit 3) - City Administrator
COUNCIIrE�MERS/ACTION
Motion by Councilman Watford, seconded by
Councilman Thomas to approve the Agreement with
the County for the Local Option Gas Tax.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Administrator Drago explained to Council
that this Agreement is required for the
County to apply for a State Grant for
Re -Cycling Programs. If the program is
developed we will receive a certain amount
of the monies based upon the population.
The Grant monies may be used to defer the
cost of the program. If the program is
successful it can be continued.
Attorney Cook told Council that the State statute
requires Counties to commence their programs by
July 1, 1989. The City (since its population is
under 30,000) is not required to join in on this
Agreement, however once they enter into this
Agreement they are required to perform certain
studies and undertake certain recycling programs,
etc. Any monies received from the Grant are
to be divided between the County and the City
by a formula of population. The City has the
option, after the first year, not to continue
with the Agreement.
VOTE ABSENT
YES I NO
X
X
X
X
X
May 16, 1989
Page Five
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
After discussion,
Motion by Councilman Watford, seconded by
Councilman Collins to approve the Interlocal
Agreement with the County for the Solid Waste
Management Act (for recycling).
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
4. Discuss the piping of reclaimed water to Mr.
City Attorney Cook explained the terms and
Sonny Williamson's property - Director of
conditions of the 20 year Agreement to
? Public Utilities (Exhibit 1).
provide transportation material for reclaimed
�1
water to the Williamson Cattle Company
property.
Council discussed individual items in the
Agreement. Mayor Chapman called for a short
recess.
RECESS: 3:10 P.M.
Mayor Chapman called the meeting back to order at 3:25 P.M.
After lengthy discussion between Mr. Williamson,
Engineer Jim Broome, Public Utilities Director
Fortner, City Attorney Cook, Administrator Drago
and Council,
i
Ji
1
May 16, 1989
Page Six
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
Motion by Councilman Collins, seconded by
Councilman Thomas to accept the
Agreement for the Delivery and Use of
Reclaimed Irrigation Water between the
City and Williamson Cattle Company pending
the final outcome of negotiations of item
2 (d) (page three of the agreement) whereby
"...the parties shall review and agree on
mutually acceptable engineering plans and
specification for the distribution and
irrigation systems. Said plans shall include
cost estimates and expense allocations between
the parties as well as construction timetables."
Acceptance of the Agreement also subject to the
following changes:
1) Changing the 20 year period of the
Agreement to a 10 year period, with options.
i
J
2) Changing the $50,000 three (3) year
�2
study to be paid by the City to $25,000
G�
for each party (the City and Williamson
Cattle Company).
3) Eliminating the increase in the storage
capacity (item 4(b) - page 5). to read:
"(b) The Supplier shall maintain the present
ninety (90) day waste water storage capacity
based upon the Supplier's averaged daily
production so that said capacity will be
available during periods of adverse
weather conditions..."
4) Item 4(d) (page 5) to read as follows:
"As a result of the retention capacity
referred to in Paragraph 4(b) above, owner
may in its sole discretion reduce or modify
I
intake.
May 16, 1989
Page Seven
TCOUNCIIr1EMBERS/ACTION
VOTE
ABSENT
YES
NO
5) Item 4 (a) to read as follows: "The Supplier
will deliver... pressure of 40 pounds per
square inch throughout the system and at a
flow rate of 2,000 gallons per minute
measured at the City's property line.
The Owner agrees to provide ... "
6) And contingent upon the frequency of
sampling in "Exhibit B" being changed
and/or modified.
City Attorney Cook will make the necessary
changes to the contract and all parties will
appear before Council to review the Agreement
for final approval.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Council discussed the expiration of the DER
permit (in October)and engineering for the
project.
Motion by Councilman Thomas, seconded by
Councilman Kirk to approve the engineering on
the irrigation project at the Williamson
Cattle Company upon the recommendation of
the Director of Public Utilities.
a
May 16 1989
Pa a Ei
ht
COUNCIIME�IBERS/ACTION
VOTE
ABSENT
YESI
NO
Councilman Watford, Administrator Drago and
City Attorney Cook discussed the Consultant's
Competitive Negotiations Act. Attorney Cook
informed Council that this matter (considering
the amount of the contract, the construction
price and the amount of services which would
be utilized) would be subject to the Act.
Director Fortner explained to Council that
Mr. Broome was already under contract in this
matter for the expansion of the waste water
treatment plant. Mr. Fortner stated that
this project was an extension/continuation
of that project and questioned whether or not
the Act would apply in this matter.
Councilman Thomas withdrew his Motion.
Councilman Kirk withdrew his second to the
Motion pending the decision of the City
�?
Attorney whenever he has reviewed the Statutes
to insure the Consultant's Competitive
Negotiations Act will be adhered to in this
matter.
7. Update of items of interest to the city from
Mr. Williamson did not appear.
County Commissioner Jack Williamson.
H. COUNCIL REPORTS AND/OR REQUESTS:
1. Councilman Collins:
Councilman Collins and Public Utilities Director
Fortner discussed the problem Mr. Jimmy Belk
incurred with his water meter and the City
Ordinance pertaining to the testing fee of
$25.00 to check water meters.
May 16, 1989
Page Nine
COUNCIIMRCERS/ACTION
VOTE
ABSENT
YES
NO
After lengthy discussion,
Motion by Councilman Collins to amend the
Ordinance pertaining to the testing fee ($25.00)
of water meters to authorize Council to make the
decisions for exceptions for testing and charging
for such testing on a case by case basis,
seconded by Councilman Thomas.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried
2. Councilman Thomas:
Nothing at this time.
' 3. Attorney Cook:
Informed Council that he has received
correspondence from the Rail Road which
inc sates they will repair the crossing
(NW 9th) for $21,000.00. Director Elders
and Attorney Cook explained that the 9th
Avenue crossing was under contract with
DOT & the Rail Road, DOT assigned it to
Okeechobee County and thereafter the
County assigned it to the City. It is
therefore, according to Director Elders,
the responsibility of the City to repair
any and all defects at this crossing.
May 16, 1989
Councilman Thomas left Council Chambers at 5:12 P.M.
4. Councilman Watford:
5. Councilman Kirk:
COUNCILMEMBERS/ACTION
Attorney Cook informed Council that he
has drafted a lawsuit against Lawson
Construction for the work performed on
the roof of the Fire Dept. Lawson has
informed Mr. Drago that they will speak with
the subcontractor about this matter and
return with his findings. Mr. Cook
stated that the specifications required
a fifteen (15) year warranty however
the subcontractor only gave Lawson a
one (1) year warranty. Mr. Cook felt
that the statute of limitations might
have expired but requested Council's
direction in handling the matter,
considering the estimated repairs
are approximately $13,000.00.
Motion by Councilman Watford, seconded by
Councilmen Collins and Kirk to have the
City Attorney file the law suit against
Lawson Construction.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Questioned the status of the water rate
revisions. Attorney Cook informed Councilman
Watford that it will be brought before Council
soon.
Councilman Kirk reminded Director Fortner that
he was waiting for figures for the Pension
Board questions he recently raised.
VOTE
YES NO
X
X
1 X
X
ABSENT
X
May 16, 1989
Page Eleven
4
COUNCILMENBERS/ACTION
VOTE
ABSENT
YES
NO
Councilman Kirk thanked the City Staff and
Council for the flowers his family received
during their time of mourning.
Councilman Kirk stated that the EMT's and
the local Police Officers conducted themselves
in a very professional and caring manner
that he felt (if they were an example of what
the City has as personnel) that we should be
very proud of them.
6. City Administrator Drago:
Nothing at this time.
7. City Clerk Thomas:
Informed Council that Deputy Clerk Finch had
tendered her resignation from the City.
8. Mayor Chapman:
Requested Director Elders see about correcting
the turn at S.E. 8th Street and 9th Avenue by
cutting the shell out and putting in asphalt.
>
Mayor Chapman informed Council that Mr. Drago
had talked with Finance Director Parker to
check into the Fire Department's Budget to
ascertain whether there is enough money in
the budget to allow for pay raises for Fire
Department Personnel.
ADJOURNMENT
Mayor Chapman adjourned the meeting at 5:23 P.M.
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO
APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL,
SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED.
`OAKLAND R. CHAPMA , MAYOR
ATTEST:
BONNIE S. THOMAS, CMC ,�
CITY CLERK y