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