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1998-04-07 Regular MeetingI CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: April 7, 1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Ellis Dean; Okeechobee First Baptist Church; Pledge of Allegiance led by Mayor, III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the April 7, 1998 Regular City Council Meeting to order at 6:00 p.m. Pastor Ellis Dean offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 7 515 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action fort e nded by Council Member Oliver. There being no discussion on this item, vote Council Action for the Regular Meeting of March 17,1998. Regular Meeting of March 17,1998; seco was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 516 APRIL 7,1998 - REGULAR MEETING - PAGE 2 OF 7 V. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Register for March 1998, in the Council Member Watford moved to approve the Warrant Register for March 1998, in the amounts: General Fund six amounts General Fund $634,865.13, Public Facilities Improvement hundred thirty-four thousand, eight hundred sixty-five dollars, thirteen cents ($634,865.13), Public Facilities Fund $2,029.72 and Community Development Block Grant Fund Improvement Fund two thousand, twenty-nine dollars, seventy-two cents ($2,029.72) and Community Development $51,264.99. Block Grant Fund fifty-one thousand, two hundred sixty-four dollars, ninety-nine cents ($51,264.99); seconded by Council Member Markham. There being no discussion on this item, vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. today's agenda. 11 There were none. MI. UNFINISHED BUSINESS. Council Member Markham moved to remove from the table, a Grant of Easement to William Farbarik for the A. 1. a) Motion to remove from the table, a Grant of Easement to William Farbarik for the Southeasterly sixteen feet of Lot 8, Southeasterly sixteen feet of Lot 8, Block 4, Revised Plat of Wilcox Shores; seconded by Council Member Watford. Block 4, Revised Plat of Wilcox Shores. KIRK -YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 1. b) Motion to approve a Grant of Easement to William Farbarik Council Member Markham moved to accept a Grant of Easement to the City from William Farbarik for the for the Southeasterly sixteen feet of Lot 8, Block 4, Southeasterly sixteen feet of Lot 8, Block 4, Revised Plat of Wilcox Shores; seconded by Council Member Revised Plat of Wilcox Shores - City Attorney (Exhibit 1). Chandler. APRIL 7,1998 - REGULAR MEETING - PAGE 3 OF 7 517 VII. UNFINISHED BUSINESS CONTINUED. A. 1. b) Motion to approve a Grant of Easement to William Farbarik for the Southeasterly sixteen feet of Lot 8, Block 4, -4 Revised Plat of Wilcox Shores continued. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) Motion to approve an Abandonment of Easement Council Member Markham moved to approve an Abandonment of Easement described as the Easterly eight feet of Lot described as the Easterly eight feet of Lot 9 and the 9 and the Westerly eight feet of Lot 8, Block 4 Revised Plat of Wilcox Shores; seconded by Council Member Watford. Westerly eight feet of Lot 8, Block 4 Revised Plat of Wilcox Council received a letter from Attorney John Cassells representing Mr. James M. Cooper, the property owner of Lot 9 Shores - City Attorney (Exhibit 2). and advised that Mr. Cooper had no objections to abandoning the easement. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. All. NEW BUSINESS. A. Motion to approve an Interlocal Agreement between the City and Council Member Oliver moved to approve an Interlocal Agreement between the City and the Okeechobee Utility the Okeechobee Utility Authority regarding mechanic services - Authority regarding mechanic services; seconded by Council Member Markham. Following a brief discussion, the vote City Attorney (Exhibit 3). was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 518 APRIL 7,1998 - REGULAR MEETING - PAGE 4 OF 7 VIII. NEW BUSINESS CONTINUED B. Motion to adopt proposed Resolution No. 98-4 authorized signing of the City's Public Depositors Report by the Finance Coordinator - City Attorney (Exhibit 4). C. Motion to add the City's Finance Coordinator to the list of those authorized to sign checks for payment of City funds as set out in the City Code by Ordinance No. 636, Section 2-2, Procedures for Payment of City Funds - City Clerk. D. Discuss retaining the Law Firm of Leibowitz and Associates, P.A. regarding telecommunications - City Administrator (Exhibit 5). Council Member Watford moved to adopt proposed Resolution No. 98-4 authorized signing of the City's Public Depositors Report by the Finance Coordinator; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 98-4 by title only as follows: "A Resolution authorizing signing of the City of Okeechobee Public Depositors Report by the Finance Coordinator for the City of Okeechobee, Florida." KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to add the City's Finance Coordinator to the list of those authorized to sign checks for payment of City funds; seconded by Council Member Oliver. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - NO WATFORD - YES MOTION CARRIED. Attorney Cook advised the Council that he and the Administrator met with Ila Feld of the Leibowitz and Associates Law Firm last Tuesday in Miami. The purpose of the meeting was to obtain information and cost of retaining the firm to construct a new telecommunications ordinance for the City. The current franchise with Sprint expires July 1998. There has been rapid changes in the telecommunication laws and the City is going to need an outside consultant who is knowledgable in this field. However, after reviewing the preliminary cost figures that would be involved.in order for the City to retain the services of this firm, the City Staff felt there might be other options to explore. One of those options would be to obtain copies of ordinances that other cities have already adopted addressing the new laws. He recommended the Council not throw this proposal out but place it on the back burner until other options can be explored. Council agreed. --4 APRIL 7,1997 - REGULAR MEETING - PAGE 5 OF 7 519 In NEW BUSINESS CONTINUED. Motion to approve a construction Contract between the City and W.G. Mills regarding the Street Scape portion of the Downtown Renovation Project - City Attorney (Exhibit 6). E. Council Member Watford moved to approve a construction Contract between the City and W.G. Mills regarding the Street Scape portion of the Downtown Renovation Project, for the amount of five hundred thirty-nine thousand, two hundred forty-two dollars ($539,242.00); seconded by Council Member Markham. Council Member Oliver addressed the issue of Builders Risk Insurance. Council also discussed the changes made to the original proposal to lower the price. Mr. Darden of W.G. Mills reviewed Exhibit C of the additional handout which explained the Value Engineering done on landscaping, irrigation, demolition, concrete pavers, concrete, asphalt/base, and electric. Council Member Watford also noted there will be additional fees from Genesis Group. Mr. Darden then presented blue prints of the street scape. Council Member Watford moved to table; seconded by Council Member Markham. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Note: Council then addressed item "G" on the agenda in order to keep the County Representatives from having to stay through the entire meeting. After the appropriate action was taken on item °G", Council returned to its discussion of this item, °E". Council Member Watford moved to remove from the table the motion to approve a construction contract between the City and W.G. Mills regarding the Street Scape portion of the Downtown Renovation Project; seconded by Council Member Chandler. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 520 APRIL 7,1997 - REGULAR MEETING - PAGE 6 OF 7 VIII. NEW BUSINESS CONTINUED. E. Motion to approve a construction Contract between the City and Council resumed its review of the blue prints provided by the contractor. Several Council Members were concerned W.G. Mills regarding the Street Scape portion of the Downtown about the proposed placement of the trees in the sidewalks in the middle of the blocks. Mr. Steve Sobieralski of Genesis Renovation Project continued. Group, Inc., advised that these could be addressed on an individual block basis since some areas would not work well with the trees. To cut cost a different light pole has been substituted, but the fixture will remain the same. The Council requested further research be done on the amount of light that is to be projected. Their goal being to illuminate the sidewalks notthe street The number of poles has been reduced from one hundred five to sixty. The height of the poles was undetermined at this time. Sidewalk pavers will be installed along South Park Street. Eighteen inch wide pavers will be installed in the sidewalk on the side streets. To further cut cost, thirty-two Queen Palms will be used rather than the Medjool Date Palms. W.G. Mills will provide the builders risk insurance. Drawings will be brought back at the next meeting. Council will then need to determine the exact lightfixture and pole height, and whether tree's or planters should be used mid block. Vote on motion to approve contract was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. F. Discuss the City's options regarding the proposed Walgreens site, Block 155, City of Okeechobee -City Administrator. Attorney Cook advised the Council that he held a telephone conference with Attorney Tom Conely and Westco, developer for the proposed Walgreens to be located in Block 155, City of Okeechobee. Sprint is stilling insisting the developer pay the two hundred thousand dollars to move their fiber optic cables located in the block. He requested authorization to seek a declaratoryjudgement against Sprint if Sprint does not respond to resolving this issue within the next two weeks. Mayor Kirk and Council Members stated they felt this had been going on long enough and authorized Attorney Cook to seek the judgement at the end of two weeks as he requested. G. Update on as Tax Issue -Mayor. Mayor Kirk stated he met with Commissioner Abney, both Administrators, and both Attorney's concerning a resolve of the gas tax issue. He felt they have reached a good compromise from that meeting. The compromise is to use the totals from the past five years expenditures for transportation related expenses. Changing the City's shared proceed from 20.94 percent to 21.87 percent of the six cent gas tax. This percentage would be for the next ten years and would bring between two hundred to two hundred fifty thousand dollars over the ten year period to the City. Following a brief discussion, Council Member Oliver moved to support the percentage of the gas tax as stated by Mayor Kirk; seconded by Council Member Chandler. APRIL 7,1997 - REGULAR MEETING - PAGE 7 OF 7 521 VIII. NEW BUSINESS CONTINUED. G. Update on Gas Tax Issue continued. IX. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the mony and evidence upon which the appeal is to be based. JAMES E. KIRK, MAYOR ATTEST:If I BONNIE S. THOMAS, CIVIC, CITY CLERK Council Member Wafford noted that this is all very complicated and wanted to thank the Mayor and staff for all their hard work on it. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the April 7,1998 Regular Meeting at 8:06 p.m.