Loading...
1998-01-20 Regular MeetingI. CALL TO ORDER: - Mayor: January 20, 1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Ellis Dean, 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 Attomey John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the January 20, 1998 Regular City Council Meeting to order at 6:00 p.m. Reverend 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 5 IV. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Regular Summary of Council Action for the Regular Meeting of Meeting of January 6,1998; seconded by Council Member Markham. There being no discussion on this item, vote was as follows: January 6,1998. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. -1/gs JANUARY 20,1998 - REGULAR MEETING - PAGE 2 OF 5 V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. By on today's agenda. request from Council Member Chandler, Unfinished Business item "A" was withdrawn. New Business items "F and G" were added for a pay request to Ranger Construction (Exhibit 5) and a request for a Contract Extension to Ranger Construction (Exhibit 6). And New Business Item "E" will be addressed first M. UNFINISHED BUSINESS. A. Presentation of the Signal 4 Report listing the amount of This item was withdrawn from the agenda. calls for the past ninety (90) days, how many required an ambulance, the response time of the ambulance and if the City Fire Department was dispatched as instructed by Council at the December 16,1997 meeting - Council Member Chandler. B. Report options on the Downtown Renovation Community Attorney Cook advised that he contacted the grant administrator, Fred Fox and explained the Council's questions due to the Y Development Block Grant relative to signage as discussion at the January 6 meeting. The City's options are: instructed by Council at the January 6, 1998 meeting - City Attorney. (1) Pull out of the grant and send the money back. There will be a fifty point penalty put on the City for any future grant 11 applications. It could expose the City to a breach of contract with W.G. Mills. The City, at its own expense, would have to either complete any work that had begun or put the buildings back as they were. (2) Proceed as scheduled. (3) Delete specific building(s) by a change order if the property owner wishes to pull out, but a tenant cannot request to be pulled out of the grant Attorney Cook gave the Council a copy of a letter that he had sent to Janice Brown, owner of Village Square Restaurant concerning the submittal of an application to obtain a permit to put her old lighted sign back up. The City understands the Brown's problem but this is a tenant/landlord problem and the City is not going to be put in the middle of it Attorney Cook also advised he had not held the meeting with the Browns and Mr. Altobello, as instruction by Council at the previous meeting. Mayor Kirk asked that he do that to keep the lines of communication open. The Council will proceed as scheduled with the grant. - _ Council then discussed and agreed with a suggestion by Council Member Watford to strategically place directional signs along North Park Street (State Road 70 West) and "excuse our construction, we are open." Jim Darden of W.G. Mills volunteered to cover the cost of the signs and have them put up. Administrator Bradshaw is to make sure they are how the Council wants them and pass along a suggestion for a special advertisement campaign that the downtown merchants could do to draw business. JANUARY 20,1998 - REGULAR MEETING - PAGE 3 OF 5 r87 VII NEW BUSINESS. A. Motion to approve a temporary street closing request from Administrator Bradshaw advised the City has all necessary insurance documentation and all departments have signed for the Okeechobee High School, S.W. 2nd Avenue, between approval to temporarily close a portion of Southwest 2nd Avenue as requested. North and South Park Street on February 5th,1998, from 9:00 a.m. to 1:00 p.m. for the "Art on the Green Program" Council Member Watford moved to approve a temporary street closing request from the Okeechobee High School, S.W. 2nd h,1998, from 9:00 a.m. to 1:00 p.m. for the "Art on the Green - City Administrator (Exhibit 1). Avenue, between North and South Park Street on February 5t Program;" seconded by Council Member Markham. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B, Motion to adopt proposed Resolution No. 98-3 regarding Administrator Bradshaw advised this resolution is the same as last year. The funding amount of twenty-eight thousand, eight a Landscaping Maintenance Agreement from State Road hundred eighty dollars, twenty-eight cents ($28,880.28) is to be paid quarterly in equal amounts of seven thousand, two hundred 70 (within the City Limits) and US Highway 441 (from SW twenty dollars, seven cents ($7,220.07) each. There is no increase in the amount which is sufficient since there is not an increase 23rd Street to NW 8th Street) with the Florida Department charged by the company that performs the work for the City. of Transportation - City Administrator (Exhibit 2). Council Member Oliver moved to adopt proposed Resolution No. 98-3 regarding a Landscaping Maintenance Agreement from State Road 70 (within the City Limits) and US Highway 441 (from SW 23rd Street to NW 8th Street) with the Florida Department of Transportation; seconded by Council Member Chandler. Attorney Cook read proposed Resolution No. 98-3 by title only as follows: "RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. JANUARY 20,1998 - REGULAR MEETING - PAGE 4 OF 5 VII. NEW BUSINESS CONTINUED. C. Appoint a Council Member to the Treasure Coast Council Administrator Bradshaw advised the Treasure Coast Council of Local Governments is a twelve member organization and the of Local Governments to serve until January 5,1999 - City was invited to join the membership and has. The next step is to appoint a Council Member to serve as the City's liaison. City Administrator (Exhibit 3). Council Member Oliver has volunteer to step down from the City/County Monthly Update Dinner/Meeting to serve on the TC.11 CLG. Mayor Kirk so appointed Council Member Oliver to serve as stated. D. Request for authorization to fill a non -budgeted Part -Time Following a brief discussion, Council Member Watford moved to approve the authorization of a non -budgeted Part -Time Staff Staff Assistant position - City Administrator. Assistant position with salary at minimum wage; seconded by Council Member Oliver. Council Member Markham thanked the staff for pulling together and working as hard as they have in recent months. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. { E. Motion to approve a construction contract between the Patricia Smithwick of W.G. Mills, Inc. made a presentation to the Council concerning the companies process for the development City and W.G. Mills, Inc. and The Genesis Group, for the of the street scape portion of the downtown grant Attorney Cook clarified that Ms. Smithwick has indicated there is no charge Downtown Street Scape portion of the Community for preconstruction services and that he and she both interpret pre -construction would be that time period prior to the time that Development Block Grant - (Exhibit 4). W.G. Mills comes up with the guaranteed maximum price, we both agree on it and then actually that would be the "starting point"; Ms. Smithwick responded yes, in agreement Following a brief discussion between Mills representatives, City Staff and the Council, Council Member Watford moved to retain W.G. Mills Inc for all preconstruction services on the Street Scape Project with the final construction contract contingent upon agreement on the guaranteed maximum price; seconded by Council Member Markham. It was also understood by both sides that any reference to arbitration would be deleted from the contract KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. JANUARY 20,1998 - REGULAR MEETING - PAGE 5 OF 5 VII. NEW BUSINESS CONTINUED. F. Motion to approve pay request number five to Ranger construction in the amount of seventy thousand, three hundred dollars, fifty-seven cents ($70,300.57) for the 1996/97 Roadway Improvements as recommended by City Engineer, Chris Kafer of Lawson, Noble and Associations - Public Works Director (Exhibit 5). G. Motion to approve Change Order No. 3 with Ranger Construction - Lawson, Noble and Webb (Exhibit 6). VIII. 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 meebT , he/she may need to insure that a verbatim record of the proceeding is made, which record in'I th testimony and evidence upon which the appeal is to bibVsed: ATTEST;' : JAMES E. KIRK, MAYOR t BONNIE.S. THOMAS, CMC, CITY CLERK Council Member Watford moved to approve pay request number five to Ranger construction in the amount of seventy thousand, three hundred dollars, fifty-seven cents ($70,300.57) for the 1996/97 Roadway Improvements as recommended by City Engineer, Chris Kafer of Lawson, Noble and Associations; seconded by Council Member Markham. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to approve change order number three with Ranger Construction to extend the contract twenty- two days as recommended by City Engineer, Chris Kafer of Lawson, Noble and Associations; seconded by Council Member Markham. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the January 20,1998 Regular Meeting at 7:03 p.m.