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1990-04-03 Regular MeetingA. B. C. D. OKEE'C\ 1 Call Meeting to Order. Invocation offered by Pastor Dale Wolfe; Pledge of Allegiance led by Mayor Chapman. Mayor and Council attendance: Mayor Oakland Chapman Councilman Nick Collins Councilman Jim Kirk Councilman Oscar Thomas Councilman Dowling Watford Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Earnest CITY OF OKEECI-IOBEE CITY COUNCIL MEETING April 3, 1990 - 2:00 P.M. Motion to dispense with reading and approve the Summary of ,council Action for the regular meeting of March 20, 1990. COUNCILMEMBERS/ACTION (Mayor Chapman called the meeting to order at 2:00 P.M Pastor Dale Wolfe; Mayor Chapman. Present Present Present Present Present Present (entered chambers at 2:17 P.M.) Present Present Present Councilman Collins made a motion to dispense with reading and approve the Summary of Council Action for the regular meeting of March 20, 1990; second by Councilman Watford. Chapman Collins K ark Thomas Watford Motion Carried. VOTE YES NO ABSENT page two REQUEST FOR ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. E. NEW BUSINESS 1. Present proclamation for National Victims Rights Week to the Police Department - Mayor Chapman. 2. Motion to appoint Mr. Julian Stinnett to the Police Officers Pension Board - Police Chief (Exhibit 1). COUNCILMEMBERS/ACTION Mayor Chapman requested a letter from Frank Altvbell be added to the agenda fcr discussion. Mayor Chapman read the following proclamation and presented it to Police Chief Mobley: Office of the Mayor Okeechobee, Florida PROCLAMATION "WHEREAS, violent crime is a serious nationwide problem; and WHEREAS, victims across the Nation and Florida are devastated through physical, emotional and financial injury; and WHEREAS, the public and private sectors of Florida must join together with government to address the crisis of violent crime and promote greatly needed services to innocent victims of all crime; and WHEREAS, local advocacy groups and law enforcement agencies will promote greater public awareness about rights and needs of crime victims during National Victim's Right Week; NOW, THEREFORE, BE IT RESOLVED, that I, Oakland R. Chapman, Mayor of the City of Okeechobee, do hereby designate April 22-28, 1990 as the Nation victim's Right's Week, in Okeechobee; and be it further RESOLVED, that we encourage all citizens, public and private institutions, criminal justice agencies, civic, groups, and the media to devote special attention to victims of crime, their needs, rights, and special problems during the week. DULY PASSED AND ADOPTED THIS 3RD DAY OF APRIL, 1990." i Councilman Watford made a motion to appoint Mr. Julian Stinnett to the Police Officers Pension Boar and have Administrator Drago send a letter of appre ciation to the previous member, Jerry O'Bannon; sec and by Councilman Thomas. YES I NO ABSENT April 3, 1990 page three COUNCILMEriBERS/ACTION VOTE ABSENT YES NO Chapman X 2. Continued . . . Motion to appoint Mr. Julian Stinnett to the Police Officers Pension Board - Police Chief Collins X (Exhibit 1). Kirk X Thomas X Watford X Motion Carried. 3. Motion to adopt Resolution 90-7 establishing a public Councilman Collins made a motion to adopt Resolution participation procedure for the Comprehensive Plan - 90-7 establishing a public participation procedure City Administrator (Exhibit 2). for the Comprehensive Plan; second by Councilman Thomas. After discussion Councilman Watford made a motion t amend section 4 (a) to add . . . and shall be Cit residents ."; second by Councilman Thomas. Chapman X Collins X Kirk X Thomas X Watford X `- Motion Denied. Vote on original motion as follows: Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 4. Motion to award a computer contract to CPT, Inc. for Councilman Thomas made a motion to award a computer $24,796.00 for the police, fire and general services contract to CPT, Inc for $24,796.00 for computer departments - City Attorney (Exhibit 3). systems for the police, fire and general services department; second by Councilman Collins. April 3, 1990 page four COUNCILMEMBERS/ACTION VOTE ABSENT YES NO 4. Continued . . . Following lengthy discussion, vote was as follows: Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 5a. Motion to read by title only and set May 1, 1990 as Councilman Thomas made a motion to read by title onl a Public Hearing date, Ordinance 627 vacating a and set May 1, 1990 as a Public Hearing date for street in Conners Highland - City Attorney Ordinance 627 vacating a street in Conners Highland; (Exhibit 4). second by Councilman Collins. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. Attorney Cook read Ordinance 627 by title only: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT CERTAIN STREET LOCATED AT NW 17TH STREET BETWEEN NW 8TH AVENUE AND NW 7TH AVENUE OF LOT 6, IN BLOCK 44 AND 53 CONNERS HIGHLAND; DIRECTING THE CITY CLERK T RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE COUNTY; PROVIDING AN EFFECTIVE DATE." 5b. Motion to approve the first reading of Ordinance 627. Councilman Collins made a motion to approve the first reading of Ordinance 627; second by Councilma Thomas. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. April 3, 1990 page five COUNCILMEMBERS/ACTION VOTE ABSENT YES NO 6. Discuss the clarification of award by the arbitration After lengthy discussion among Councii, Engineer panel - City Council (Exhibit 5). Jim Broome, Administrator Drago, and Attorney Cook, concerning the letter from Attorney Bull (who handled the case for the City) and the Arbitration Report, Councilman Watford made a motion to instruct Attorney Cook to meet with Finance Director Parker to persue the presentation of this claim to our insurance carriers; second by Councilman Kirk for discussion. Councilman Collins requested the motion be amended to include Administrator Drago so he can be aware of what is going on; Councilman Watford and Kirk agreed to the motion amendment. Chapman X Collins X Kirk X Thomas X `- Watford X � Motion Carried As Amended. 7. Update of items of interest to the City by County Noting at this time. Commissioner Jack Williamson. F. COUNCIL REPORTS AND/OR REQUESTS 1. Councilman Collins: a) Well water system study: Councilman Collins made a motion to place Reese, Macon and Associates as number one for the well water system study; sec- ond by Councilman Thomas. Councilman Watford stated "That motion goes against every procedure we've set up. We as a body are not qualified to rank these engineers, it's the job of the department heads." April 3, 1990 rNano civ COUNCILMEMBERS/ACTION VOTE ABSENT YES NO Following lengthy discussion, vote was as follows: 1. Continuted . . . Councilman Collins: Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. b) L.P. Sanitation Contract and Rates: Councilman Collins made a motion to instruct Attorney Cook and Administrator Drago to check into the termination clause of the L.P. Sanitation Contract with the City and put the garbage pick-up out for bids; second by Councilman Thomas for discussion. -� After lengthy discussion among Council, L.P. Sani- tation Representative Jeff Sabin stated "in all due fairness to our company to put it out for bids today would be jumping the gun, although we would be willing to meet with the Administrator and the At- torney to review these rates". Councilman Watford stated he felt since the stip- ulation was made in the motion at the last meeting to have the Administrator and Attorney meet with Jef Sabin to review the rates it would not be necessary for this proposal (motion and second by Councilman Collins and Thomas). Vote on motion is as follows: Chapman X Collins X Kirk K Thomas X Watford X Motion Carried. April 3, 1990 page seven COUNCIINEMBERS/ACTION VOTE ABSENT YES NO 2. Councilman Thomas: a) Reclaimed Water Project: Councilman Thomas made a motion to delete the holding pond in the Re- claimed Water Project; second by Councilman Collins. Councilman Watford stated "I submit that motion is out of order because we are accepting bids and until we accept the bids we cannot speculate on what we will or will not accept". Attorney Cook gave his opinion in that he felt the motion was in order. Following lengthy discussion, vote was as follows: Chapman X Collins X Kirk X Thomas X i Watford X Motion Carried. �- Engineer Jim Broome requested clarification, "I am to write an addendum to delete alternate number one?" Council agreed Mr. Broome should write the addendum to delete alternate number one - holding pond and other items. Administrator Drago asked Engineer Broome whether there would be an additional fee charged for the deletion. Engineer Broome stated "I'm not asking about the addendum for additional fee's, I'm doing it to protect myself because I believe you're going to have problems in the future with this if you de- lete alternate number one". Recess: 3:30 P.M. - Reconvened: 3:40 P.M. April 3, 1990 page eight COUNCIIMEMBERS/ACTION 1a) VOTE ABSENT YES NO 3. Attorney Cook: Reclaimed Water Project: Attorney Cook brought to the Council's attention a letter from Attorney Cassels concerning the delay of the Reclaimed Water Project with Sonny Williamson and advised they get on with the plans and work as soon as possible. b) School Board Sewer Service Agreement: Attorney Cook advised Council to hold -off on any action to- ward the School Board until we receive an Auditors Report, but instruct Public Utilities Director Fortner to finish his part of the DER permit appli- cation for the School Board. Council agreed and in- structed Attorney Cook to accompany the permit ap- plication with a letter of understanding that by completing the application that does not mean they (the Council) are giving consent to the sewer ser- vice agreement. c) Informed the Council he and Councilman Collins had attended the County Commission Meeting on the Solid Waste matter and special Legislation and he and Administrator Drago are currently working on a proposed interlocal agreement to perhaps get some communication going. d) Abney & Clark Street Problem: Attorney Cook informed the Council they should be getting up -date information on the S.W. 5th Avenue matter at the next meeting. 2. Continued . . . Councilman Thomas: b) Councilman Thomas asked who took care of the boat ramps in the City and requested Public Works Director Elders get in touch with the Fish & Game Commission about getting it repaired. c) Parking at old iail: Councilman Thomas reques ed the Public Works Director to look into having de signated parking for the new tag office located at the old jail. Council instructed Attorney Cook to look into this matter along with the parking pro- blems on South Park Street that are addressed in th letter from Frank Alto Bello. April 3, 1990 page nine COUNCIL ErMERS/ACTION VOTE ABSENT YES NO Mr. Williamson asked the Council if they would be Frank Williamson, Jr.: able to make a decision at the next meeting concern- ing the Reclaimed Water Project. Councilman Thomas stated "yes". Administrator Drago stated "it would be tight". Mr. Williamson questioned whether the permits were in order. Public Utilities Director Fortner stated he believed they were in order. Council in- structed Director Fortner to check into how deleting alternate number one would affect the permits and check on background references on the eun{rca(_AbrS he ranks, which are to be brought before the Council at the next meeting (4-17-90). 1. Continued . . . Councilman Collins: c) Councilman Collins extended his appreciation to County Commissioners Harvey and Williamson for mak- ing the motion and second that the County hold off on the bill that they are trying to get the legis- lature to pass through to give the City an opportun- ity to draw up their own interlocal agreement to present it to the County for their approval. (Con- trol of garbage collection in City and County). ADJOURNMENT Mayor Chapman Mayor Chapman adjourned the meeting at 4:10 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. CHAP N, MAYOR ATTEST BONNIE S. THOMAS, CMC CTTY rT PRK