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1990-05-15 Regular MeetingOKEE-O\ItIn CITY -OF OKEECHOBEE CITY COUNCIL MEETING May 15, 1990 - 2:00 P.M. SUMMARY OF COUNCIL ACTION COUNCILME2BERS/ACTION VOTE ABSENT YES NO A. Call meeting to order. Mayor Chapman called the meeting to order at 2:00 P.M. B. Invocation offered by Pastor James J. Griffis; Pastor James J. Griffis; Pledge of Allegiance led by Mayor Chapman. Mayor Chapman C. Mayor and Council attendance: Mayor Oakland R. Chapman Present X Councilman R.R. "Nick" Collins Present % Councilman James "Jim" Kirk Present X Councilman Oscar Thomas Present X Councilman Dowling R. Watford, Junior Present X l Staff attendance: City Attorney John R. Cook Present X City Administrator John J. Drago Present X City Clerk Bonnie S. Thomas Present X City Deputy Clerk S. Lane Earnest Present X D. Motion to dispense with reading and approve the SuLtmary Councilman Kirk made a motion to dispense with of Council action for the regular meeting of May 15, reading and approve --the Summary of Council Action 1990. - -for the regular meeting of May 15, 1990; second by Councilman Collins. Chapman g Collins X Kirk X Thomas g Watford X Motion Carried. FAG E TWO VOTE ABSENT COUNCIIMEMBERS/ACTION : YES NO E. Motion to approve warrant registers for April, 1990. ouncilman Kirk made a motion to approve the war- I General Fund .................$117,730.70 ant registers for April, 1990 (General Fund 117,730.70 and Public Utilities $117,617.34); sec - Public Utilities .............$117,617.34 nd by Councilman Watford. hapman X ollins - X irk X homas X atford X otion Carried. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. one. !F. NEW -BUSINESS 1. Motion to reappoint Mr. Donald Clements, Mr. Danny Councilman Collins made a motion to reappoint Mr. L Entry and Ms. Deara Thompson to the Code Enforce- Donald Clements, Mr. Danny Entry and Ms. Deara ment Board - City Administrator Thompson to the Code Enforcement Board; second by Councilman Kirk. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 2. Motion to appoint Ms. Catherine Kozol to the Police Pension Councilman Collins made a motion to appoint Ms. Board - Police Chief Catherine Kozol to the Police Pension Board; second by Councilman Watford. Chief Mobley informed the Council Ms. Kozol was new at the State Attorneys Office and she had experi- ence in investments and business law. F) MAY 15, 1990 -- PAGE THREE COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO F. NEW BUSINESS CONTINUED: 2. Continued . . . Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. - 3. Motion to award a one year water meters contract to Councilman Collins made a motion to award a one year Senses for $138,703.50; sec Senses for $138,703.50 - Director of Public Utilities water meters contract to (Exhibit 1). and by Councilman Watford. Councilman Collins asked why there were two bids from Senses. Director Fortner explained the company was the same one they have used for several years bu they have changed their name. The alternate bid is for the new digital meters that are read with a wand the Public Utilities Department is trying to switch over to. Hopefully everyone will be changed in thre years. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 4. Motion to approve an engineering contract between the Councilman Collins made a motion to approve an en the City and Knepper and City and Knepper and Willard for $36,040.00 - City gineering contract between by Councilman Thomas. Administrator (Exhibit 2) Willard for $36,040.00; second (This contract is for Knepper fand tWillard he o draw work..) the plans and specifications a MAV 15, 1990 -- PAGE FOUR COUNCIIBERS/ACTION MEM VOTE ABSENT YES NO F. NEW BUSINESS CONTINUED: 4. Continued . . . Attorney Cook pointed out a letter attached to the exhibit from Farmers Home Administration wanting the drawings by July 1, and the time frame Knepper and Willard have set in the contract is sixty days. Administrator Drago explained Mr. Willard had been i - formed of the letter and would try to have the draw- ings to them in time, if time became a factor the Ci y could ask for an extension from Farmers Home Admin- istration. Attorney Cook stated that at the time the proposal i accepted, we clear that up between the City and Dan Willard either reduce the time to forty-five days, o leave it at sixty, with the provision that he will d i% it faster if Farmers Home Administration refuses to give us an extension. fir; Councilman Watford asked what is meant in paragraph four "waive certain fees"? Administrator Drago ex- plained "we sent out proposals (plans) to do the five lift station modifications the Council wanted and we convinced Knepper and Willard to include it a part of their overall contract for the Remedial work therefore we saved $4,500. $6,800 was saved because they did not do the last part of the evaluation the Council requested on the remedial work and that was to determine who was at fault with the loss of the Arbitration so it's $11,300 all total". Councilman Watford stated "it's still costing us $36,040, to do the plans and specifications for the remedial work", i "that is correct", answered Administrator Drago. uev Ic loon -- PAGE FIVE COUNCIIMEN1BERS/ACTION VOTE ABSENT YES NO F. NEW BUSINESS CONTINUED: Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 5. Hear from Mr. Tom Jacamore from the Department of Director Fortner brought the Council up-to-date with they hav Health regarding water and sewer connection fees - this issue ... HRS requested sewer service, the waiting list knowing of the fees that ex Mr. Tom Jacamore (Exhibit 3). been on isted which are for: (1) a lift station will have to be built, (2) sewer connection fee using 1-1/2 inch meter @ $6,159.38, (� (3) water connection fee using 1-1/2 inch meter @ $6,687.50 and (4) a two month deposit of $800.00. Councilman Collins commented "in the past developers were required to build the lift station and in the future when other customers hooked -up to the lift station they were refunded a portion of the money it took to build the lift station". Councilman Kirk made a motion to waive the connectio fees based on his opinion that the City should not charge any other governmental or taxing agencies; se - ond by Councilman Collins for discussion. Councilman Watford stated "I believe everyone should have to pay the connection fees, I don't agree with other people supporting the governmental or taxing agencies and I urge this Council not to pass this motion". MAV 15. 1990 -- PAGE SIX COUNCHMEMBERS/ACTION VOTE ABSENT YES NO F. NEW BUSINESS CONTINUED: 5. Continued Mr. Danielson appeared representing HRS and explaine to the Council HRS had no objection to building the lift station and putting in the water and sewer line across the street but since they were building the building for the people of Okeechobee City and Count HRS was asking for a "break" by the City waiving th connection fees. Councilman Collins explained to Mr. Danielson that when we got our bond issue we had to pass an Ordinan1he and Resolution that does not allow any free services of any kind to anyone. Attorney Cook stated he coul call Mr. Bill Zvara the Bond Attorney to clarify th (Bond issue language.) Councilman Collins withdrew his second to the motioni. made by Councilman Kirk to waive the connection fees.c'. Councilman Thomas second the motion made by Council- man Kirk to waive the connection fees. Councilman Watford made a motion to table this item until Attorney Cook could contact Mr. Zvara; second by Councilman Collins. (see page eleven item three) Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 6. Hear from Mr. Bill Reese regarding the groundwater Mr. Reese appeared before the Council and requested project - Mr. Bill Reese (Exhibit 4). action be taken on two items in order for him to co - plete the well water feasibility study the Council hired him to do: MAY 15. 1990 -- PAGE SEVEN COUNCILMEN MERS/ACTION VOTE ABSENT YES NO F. NEW BUSINESS CONTINUED: (1) Decide the location of the test well or produc- tion well, choices being: (a) City owned property (151.59 acres) located in Northeast Okeechobee or (b) property that would have to be leased or obtained somehow on Cemetery Road and (2) Decide on drilling a test hole well or a pro- " duction well. Councilman Watford asked Mr. Reese if he was con- vinced well water is the best way for us (Okeechobee to go? Mr. Reese stated "No, if I were I would not say let's do a feasibility study, I'd say let's go ahead and do it." "Will we know when we drill this well?", continued Councilman Watford. Mr. Reese an- swered "we will be able to make a firm recommendatio for the City by then". Discussion continued among Council, Mr. Reese and citizen Rucker Wilcox. Councilman Watford asked Director Fortner if there would be any problem getting to the City property located in Northeast Okeechobee. Director Fortner answered No, we could get to it. Councilman Kirk made a motion based on Director rFortner's recommendation to drill a production well on the City's property; second by Councilman Collins. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. MAY 15. 1990 -- PAGE EIGHT F. G. COUNCILMEMBERS/ACTION VOTE ABSENT YES1 NO NEW BUSINESS CONTINUED: 6. Continued . . . Councilman Watford made a motion to instruct Reese, Macon and Associates to negotiate with a drilling firm to drill the production well; second by Councilman Kirk. Chapman g Collins g Kirk g Thomas g Watford g Motion Carried. Mr. Reese commented he will be back to the Council two meetings from now with information concerning the well as to whether it will work or not. 7. Update of items of interest to the City by County= Commissioner Jack Williamson. othing at this time. Recess: 3:15 P.M. - Reconvened: 3:25 P.M. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: ) Councilman Collins requested Administrator Drago end a letter to the County asking them to continue with nominating their citizen to the Okeechobee Solid aste Board in order for them to start meeting right way. City Master Plan: Councilman Collins made a mo- tion for Director Fortner to update the Master Plan o ity Water; second by Councilman Kirk. MAY 15, 1990 -- PAGE NINE COUNCILMEMBERS/ACTION VOTE ABSENT YES NO COUNCIL REPORTS AND/OR REQUESTS CONTINUED: 1. (b) Continued Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. Director Fortner asked "just water?" Council agree just water. c) School Board Sewer Service: Councilman Collins explained he met with Superintendent Mullins by re- quest of an Okeechobee citizen. Councilman Collins made a motion that the School -~� Board pay the other $20,000 connection fees which will make it a total of $40,000, they write their letter of protest, drop their accounting procedings (auditor report), and their accounting firm get wit the people who formed our rate structures to see if they can work it out between the two of them, if th can't work it out, the School Board is willing to g to the Auditor General's Office to get an opinion a live by it; seconded by Councilman Thomas. Councilman Watford stated "I think we're taking thi out of our hands if we do this, we should wait unti the workshop with them, I feel certain we could wor out something if we met." Councilman Collins made a motion to take the School Board sewer service agreement off the table; secondEd by Councilman Kirk. Director Fortner informed the Council he spoke with DER before the meeting and they have verbally re- leased the additional 7,,000 gallons of water. MAY 15, 7990 -- PAGE TEN COUNCUMEMBERS/ACTION VOTE ABSENT YES NO G. COUNCIL REPORTS AND/OR REQUESTS: 1. (c) Continued . Providing we get approval from them each time some- one wants to do a project. He also informed them the amount of water the school will need is in con- flict. DER are saying the school will need 25,000 gpd, we are saying 10,000 gpd. Administrator Drago added if DER does not agree with our figures that means the contract that is on the table is no good, the School Board will have to come back and ask for more capacity, and the fees are higher. Councilman Collins and Kirk withdrew their motion to take the sewer service agreement off the table. Vote on original motion by Councilman Collins (see page a ght) and second by Councilman Thomas is as follows:, Chapman X �= Collins X Kirk X Thomas X Watford X Motion Carried. d) Councilman Collins asked if the School Board could transfer their allocation from the 5th and 6th Grade Center to the new school. Attorney Cook and Director Fortner explained they would have to get authority from DER. e) Councilman Collins also explained the School Board wanted to change the pipe size from an eight inch line to a twelve inch line. The BPI proposes to install a twelve inch waterline free of cost in. exchange for paid up water bills on the school up to or amounting to the cost of the up -graded line. MAY 15, 7990 -- PAGE ELEVEN COUNCILMEMBERS/ACTION VOTE ABSENT YES NO G. COUNCIL REPORTS AND/OR REQUESTS: 1. (e) Continued Discussion continued among Council, citizen Frank Marsocci and Director Fortner. Councilman Thomas made a motion based on the recom- mendation from Director Fortner to go with the twelve inch line and instruct Director Fortner to return to the Council with a proposal to credit the expenses to the School Board through the water bill; seconded by Councilman Collins. Chapman X Collins X Kirk Thomas Watford �Z Motion Carried. f) Councilman Collins asked Administrator Drago 4. when the meeting for the Citizen Advisory Compre- hensive Board were going to meet. Administrator Drago explained he was waiting for two more packets from the Central Florida Regional Planning Council. Mr. Rucker Wilcox contractor, appeared before the 2. Mr. Rucker Wilcox- Council requesting their suggestions in filling out the sewer service agreement, and asking them what a "reasonable amount of time" is. After lengthy discussion Councilman Thomas made a motion that no particular time limit be put on as long as the progress of the project is moving. Councilman Thomas withdrew his motion. Council recommended Mr. Wilcox insert thirty months in the time frame space. G. MAV 15, 1990 -- PAGE TWELVE COUNCII1�0IBERS/ACTION VOTE ABSENT YES NO COUNCIL REPORT AND/OR REQUESTS: 2. Continued . Councilman Collins made a motion to approve the Util ity agreement for sewer service between the City and Mr. Rucker Wilcox contingent upon payment tomorrow (May 16, 1990), of $10,003.50; second by Councilman Thomas. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 3. Attorney Cook: Referring to the issue of waiving connection fees C for HRS, Attorney Cook stated he called Bill Zvara, Bond Attorney and Councilman Collins is correct, his (Mr. Zvara) interp6�tation is "no free service con- nection to anyone". Mayor Chapman instructed Admin- istrator Drago to send a letter to HRS explaining this since their representative had already left the meeting. 4. Councilman Watford: Councilman Watford made a motion to instruct the Ad- ministrator to proceed with bids for materials to provide water service for the Recreational Park; sec and by Councilman Thomas. Councilman Collins asked Attorney Cook "what is the difference between doing away with fees just like HRS wanted us to do and giving away materials and labor?" "Probably none, the only point in time here is we di this before the bond issue", answered Attorney Cook. MAY 15, 1990 -- PAGE THIRTEEN COUNCIIMENIBERS/ACTION VOTE ABSENT YES NO G. COUNCIL REPORTS AND/OR REQUESTS CONTINUED: 4. Continued . . . Chapman Collins Kirk Thomas Watford _ Motion Carried. 5. Administrator Drago• Administrator Drago asked the Council if they wanted to have only one meeting in July since the 4th falls on Wednesday. Council decided to have the meeting o July 3rd as scheduled. C*3 6. Mayor Chapman• a) Mayor Chapman asked if the Council would agree for the Skateboard Club to asphalt half and wood ra floor the other half of the lot beside (West of) th swimming pool where they are building their skate- board ramps, Council agreed. b) Mayor Chapman announced and thanked Mr. Jeff Sabin for his donation of a skateboard ramp kit to the City for the Skateboard Club. 7. Director of Public Utilities: Director Fortner up -dated the Council by stating the contractors will start on the Reclaimed Water Project in two weeks. MAV 15, 1990 -- PAGE FOURTEEN COUNCILMDEERS/ACTION VOTE ABSENT YES NO ADJOURNMENT Mayor Chapman: Mayor Chapman adjourned the meeting at 4:40 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. A COPY OF THE RECORDING CAN BE OBTAINED IN THE CITY CLERK'S OFFICE. Mayor, Oakland R. Ch& man C ATTEST: City Clerk, Bonnie S. Thomas, CMC 1