1993-06-01CITY 91
OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
Page 1 of 10
.: .....
AGENDA
COUNCIL ACTION
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A. Call meeting to order on June 1, 1993 at 7:00 P.M.
Mayor Kirk called the June 1, 1993 meeting to order at 7.00 p.m.
B. Invocation offered by Reverend Ken McDuffie;
Reverend Ken McDuffie led the invocation,
Pledge of Allegiance led by Mayor Kirk.
Mayor. Kirk led the Pledge of Allegiance.
C. Mayor and Council attendance:
Clerk Thomas called the roll:
X
Mayor James E. Kirk
Present
X
Councilmember Danny P. Entry
Present
X
Councilmember Michael G. O'Connor
Present
X
Councilmember Jerry E. Walker
Present
X
Councilmember Dowling R. Watford, Jr.
Present
Staff attendance:
Attorney John R. Cook
Present (entered chambers at 7.15 p.m.)
X
Administrator John J. Drago
Present
X
Clerk Bonnie S. Thomas
Present
X
Deputy Clerk Lane Gamiotea
Absent
X
D. Motion to dispense with reading and approve the
Councilmember Entry made a motion to dispense with reading and approve the
summary of Council Action for the Regular Meeting of
Summary of Council Action for the Regular Meeting of May 18, 1993 as corrected;
May 18, 1993.
seconded by Councilmembers O'Connor and Walker.
KIRK
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
}(
AGENDA
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
E. NEW BUSINESS
1. Motion to appoint Mr. Jerry O'Bannon to the General
Employees Pension Board for a two year term - City
Administrator (Exhibit 1).
2. Motion to approve an Interlocal Agreement between the
City and Council for local option Gas Tax proceeds -
City Administrator (Exhibit 2).
June 1, 1993 - Regular Meeting - Page 2 of 10
COUNCIL ACTION
Mayor Kirk asked if there were any addition's, deferral's or withdrawals of items on
today's agenda. There were none.
Councilmember Watford made a motion to appoint Mr. Jerry O'Bannon as the fifth
member of the General Fund Employees Pension Board for a two year term;
seconded by Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember Watford made a motion to approve the Interlocal Agreement with
the County for the local option gas tax proceeds; seconded by Councilmember
O'Connor.
Following brief discussion with Adminsstrator Drago stating he calculated the
percentages and knew them to be correct, as represented in the Interlocal
Agreement, vote is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Y II N II A
X
X
X
X
X
X
X
X
X
X
u 1 1993 - Regular Meeting - Page 3 of 10
June R 9 9 9
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AGENDA
COUNCIL ACTION
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E. NEW BUSINESS
3. a. Motion to read by title only, and set June 15,
Councilmember O'Connor made a motion to read by title only, and set June 15, 1993 as
1993 as the public hearing date, Ordinance 659 -
the public hearing date, Ordinance No. 659; seconded by Councilmember Watford.
City Attorney (Exhibit 3).
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Attorney Cook read Ordinance No. 659 by title only.
'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA WHICH REPEALS CODE SECTION 2-
15 THROUGH 2-43 OF THE CODE OF ORDINANCE, AND WHICH ENACTS AMENDED CODE
SECTION 2-15 THROUGH 2-43; WHICH ADOPTS STATE STATUTES; WHICH ENACTS
ADMINISTRATIVE PROCEDURES AND FEES; AND WHICH REVISES CODE ENFORCEMENT
PROCEDURES FOR THE CITY OF OKEECHOBEE, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE-
3. b. Motion to approve the first reading of
Councilmember Walker made a motion to approve the first read of Ordinance No. 659;
Ordinance 659.
seconded by Councilmember Entry.
After discussion, Councilmember Watford indicated this is the revision to change the
repeat violator to two years rather than five years and Attorney Cook verifying that fact,
vote is as follows:
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
93
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e 1 1993 Re u1 Jun
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AGENDA
COUNCIL ACTION
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E. NEW BUSINESS
4. Motion to approve $26,500.00 for repaving
Councilmember Watford made a motion that we approve twenty-six thousand five
Southwest 11 th Avenue from South Park Street to
hundred dollars ($26,500.00) for repaving Southwest 11 th Avenue from South Park Street
Southwest 11 th Street - City Administrator (Exhibit
to Southwest 11 th Street; seconded by Councilmember Entry.
4).
Following brief discussion in which Council was informed by staff that if approved the
City will be using the same contract price under Better Roads, Inc., but the funds are to
be paid from Public Utilities because all the projects that ruined the road were utility
related projects; also all utility lines and hookups have been completed with nothing left
to be done on them; also that the City is now working on Phase Il of the 1993 road
improvements contract with Better Roads; and that the expenditure indicated is an
addition that had been anticipated by Council and staff when the paving project started,
and the contract document gives Council the right to add to the contract as long as the
contractor is willing to accept it at the same terms and conditions. Vote is as follows:
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
5. Hear from Beach Water Association - Mr. Leland
Attorney Burton Connors, representing Okeechobee Beach Water Association (OBWA)
Pearce (Exhibit 5).
appeared before the Council to discuss the OBWA Service Area Boundary in relationship
to the City of Okeechobee Service Area Boundary. Attorney Connors distributed to the
Council, engineering drawings which indicated the actual, as well as the proposed
services areas of OBWA and a portion of the City's 201 Planning Facility Area.
AGENDA
E. NEW BUSINESS
5. Hear from Beach Water Association Continued:
6. Discuss the Comp Plan Land Use Map Revisions -
Councilmember Watford.
June 1, 1993 - Regular Meeting - Page 5 of 10
COUNCIL ACTION
Attorney Connors explained in detail the maps presented. He continued further stating
the intent of the OBWA appearance tonight is to reach an agreement concerning the
"pink' area of the map which is OBWA's existing service area. The agreement they wish
to obtain is to confirm that OBWA can continue to serve their current customers (this
would also include that if someone in the Taylor Creek and Treasure Island area where
OBWA have lines and there is a vacant lot, OBWA can add that as a new customer).
The purpose of this agreement is for OBWA to be able to obtain permit from South
Florida Water Management District for their proposed water treatment plant (projected on
line date - October, 1994).
Following a lengthy discussion among Council, staff and Attorney Connors, it was agreed
that OBWA be present at the next meeting (June 15th) this will allow Council time to
research the OBWA request for the two boards to come to an agreement on the "pink'
area. Then the "white" area, which are the "over -lap" areas can be disputed at a later
date possibly through some type of consensual agreement between OBWA and the City
or a court order with judicial determination of the service area of the City and of OBWA.
*Please note there is a verbatim transcript on this item on file in the Clerk's Office.
Councilmember Watford began discussion concerning the Comprehensive Plan Land
Use Map Revisions stating there has been a lot of controversy of the City's Land Use
Map. At the last meeting we had quite a long discussion over different areas that were
for one reason or another not thought to be correct on the future land use map. We
heard from citizens and our Attorney, Mike Morrell.
Continuing further that he feels finding the errors in the Future Land Use Map would be
easy due to all the research and work Clerk Thomas has done. Clerk Thomas was
asked to provide the Council with a file containing the list of errors, map overlays,
showing the differences in the current zoning and future land use maps; also indicated
whether vacant lots or if there is a current business there. The Clerk indicated the Fire
Chief would possibly be able to assist with gathering the necessary information for their
file.
YII N II A
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AGENDA
COUNCIL ACT/ON
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E. NEW BUSINESS
6. Discuss the Comp Plan Land Use Map Revisions
Councilmember Watford suggested Mayor. Kirk write a letter and officially request a
Continued:
representative of the Department of Community Affairs (DCA) to attend our meeting to
-
clarify some of the discrepancies we have in what the City can and cannot do in order to
solve the problems with the Future Land Use Map.
Councilmember Watford explained to the Council a telephone conversation he had with
DCA and why he felt a representative should come and advise the Council.
There was a lengthy discussion among Council and Attorney Mike Morrell concerning
why he felt the Council should handle the map amendments that he recommended.
Mayor Kirk agreed to send a letter to be hand delivered by Attorney Mike Morrell to DCA
requesting a representative come and advise the City Council on Comprehensive Plan
Future Land Use Revisions. Attorney Morrell stated he wanted to be present when the
representative appears before the Council and he would not charge the City for that
time.
Administrator Drago commented the City would still proceed as usual with the process
that is currently in motion for Future Land Use Map Revision. Council agreed.
*Please note there is a verbatim transcript of this item on file in the Clerk's Office.
7. Update ' on the Comprehensive Plan litigation - City
Attorney Cook addressed the Council reviewing his memorandum (Exhibit Sa) to them
Attorney (Exhibit 6).
concerning first, the Franchise Agreement between Okeechobee County and
Okeechobee Beach Water Association (OBWA).
Attorney Cook stated after meeting with County Attorney Cassels on May 17th, it was
indicated by Attorney Cassels that he would recommend agreement that the language be
deleted in the Franchise (which was discussed at the CitylCounty Joint Workshop on
May 6th) that authorized OBWA to extend service with the County's permission outside
the service area they currently service ("purple" line of Council's maps). Also in prior
discussions with OBWA Attorney Connors there was no indication that would be a
problem.
June 1 1993 - Regular Meeting - Page 7 of 10IL-
„<
COUNCIL ACTION ILY
JUN
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AGENDA
E. NEW BUSINESS
7. Update on the Comprehensive Plan litigation
He also recommended he meet (June 17th) with Attorney Cassels and Attorney Connors
Continued:
to discuss adjusting the boundary of the service area, which is along the same lines as
- -
Attorney Connor addressed the Council on tonight.
The last issue he met with Attorney Cassels on was the Comprehensive Plan litigation.
Attorney Cassels has indicated he would recommend to the County to amend their
Comprehensive Plan to reflect recognition of our service area, further stating he did not
feel they should endorse if, but would recognize it. There are still some technical areas
in the Comprehensive Plan Suit. Attorney Mike Morrell and Attorney Cassels have
tentatively agreed on those, and I assume those are still agreed upon.
Discussion continued further. Mayor Kirk stated the information given tonight sounds
very encouraging.
*Please note there is a partial verbatim transcript of this item on file in the Clerk's Office.
8. Discuss the Civil Engineering Proposals - City
Following lengthy discussion concerning ranking order and presentations by the
Administrator (Exhibit 7).
engineering firms to the Council before making a final decision on rank order to begin
negotiations, Councilmember Watford made a motion to accept the Director of Public,
Works ranking for the Consulting Engineers for Roads and Drainage. (1) Lawson, Noble
& Associates Inc Q) Kneoper & Willard Inc and (3) Mock Roos Inc. and to invite
the three firms to come before the City Council and make their presentations before
Council makes a final decision. seconded by Councilmember Entrv.
Administrator Drago is to contact the firms and invite them to the next regular Council
meeting (June 15th).
KIRK
X
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
MOTION CARRIED.
97
AGENDA
E. NEW BUSINESS
9. Hear from Knepper and Willard regarding the
Wastewater Treatment Plan Expansion - Mr. Dan
Willard.
June 1, 1993 - Regular Meeting - Page 8 of 10
COUNCIL ACTION
Engineer Dan Willard of Knepper & Willard, Inc. appeared before the Council concerning
the expansion of the Wastewater Treatment Plant.
He began by answering questions the Council had asked at the May 18th meeting.
Engineer Willard did not feel the City should consider a different wastewater plant site.
His reasons being the existing site is well suited, money and time are invested in this site
and further use can be gained at the existing site.
The second question the Council had asked, what would the cost be to bring the
existing plant to 0.9 million gallons per day (MGD)? This is explained further below in
option "ll".
Engineer Susan Groover also of Knepper & Willard, Inc. addressed the Council on there
different options they have (as listed in handout to Council):
I(A) Modify existing plant from 0.6 MGD AADF to 0.9 MGD AADF, using contact
stabilization process and package plant concept, while meeting Class I
reliability requirements. Approximate Total is $2,288,000.00,
I(B) Modify existing plant from 0.6 MGD AADF to 1.3 MGD AADF, using contact
stabilization process and package plant concept, while meeting Class I
reliability requirements. Approximate Total is $3,013,400.00,
11 Expand plant from 0.6 MGD to 0.9 MGD using an extended aeration process
similar to the processes recommended in the Phase I/ Report. Approximate
Total ranges from $2, 970, 500.00 to $3, 360, 500.00,
111 Expand plant from 0.9 MGD to 1.3 MGD using an extended aeration process
similar to the process recommended in the Phase II Report. This would be
the expansion of the plant providing in Item No II and would be over and
above the cost of expanding to 0.9 MGD. Approximate totals range from
$851, 500.00 to $1, 073, 800.00.; and
YIINIIA
June 1, 1993 - Regular Meeting - Page 9 of 10
AGENDA COUNCIL ACTION �i iUL
E. NEW BUSINESS
9. Hear from Knepper and Willard regarding the
Wastewater Treatment Plan Expansion Continued:
10. Discuss the 93-94 Budget - City Administrator
(Exhibit 8).
IV Expand plant from 0.6 MGD to 1.3 MGD using an extended aeration process
similar to the processes recommended in the Phase ll Report. Approximate
totals range from $3, 243.500.00 to $3, 763, 500.00.
In conclusion to their presentation, Engineers Willard and Groover stated if the Council
wants to upgrade the plant to 0.9 MGD, Knepper & Willard will get them there. Or
should the Council decided to go with Knepper & Willard's recommendation to upgrade
the plant to 1.3 MGD, they can get them there also.
Discussion continued among Council and engineers concerning cost, the best route for
the Council to choose, 0.9 MGD or 1.3 MGD, how long a time before the plant will have
to be expanded again, and the Department of Environmental Regulation regulations and
time limits.
Council and staff will visit surrounding wastewater treatment plants. Mayor Kirk
instructed Administrator Drago to put this item on the next Council meeting for a
decision.
Administrator Drago addressed the Council concerning the budget for the 93194 fiscal
year. In a memorandum, (Exhibit Eight) he explained to the Council if the Council wishes
to hold the line on property taxes, then they can obtain a balanced budget with no pay
raises, no purchasing of capital equipment and no laying off of personnel.
Continuing further, he gave the Council five options to choose from should they want to
grant pay raises this budget year, as listed below:
1. Raise property taxes
2. Implement a utility tax on water
3. Raise occupational license fees
4. Transfer additional funds from Public Utilities
5. Any combination of the above.
100
June 1, 1993 - Regular Meeting - Page 10 of 10
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AGENDA COUNCIL ACTION LYJ1 N A
E. NEW BUSINESS
10. Discuss the 93-94 Budget Continued:
ADJOURNMENT
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.
C•
Jam . Kirk, MAY R
ATTEST
Bonnie S. Thomas, CMC, CITY CLERK
Also listed in the memorandum was employee positions and their last pay adjustment.
Administrator Drago strongly suggested if Council decides to hold the line on taxes and
maintain the status quo, that Plant Operators and Utilities Mechanics should receive pay
adjustments in order to meet DER rules on licensed operators at least.
A new position was also proposed for the Public Utilities Budget for a Planner and one
clerical support person. This position is being recommended by Administrator Drago
due to the fact that we have reached a point now in Public Utilities when we must begin
to look at the big picture of the system, and coordinate planning functions with the City's
Comprehensive Plan. This position would also coordinate site plan review for
development project in the City with other City Departments, and County Planning and
Development.
Following lengthy discussion among Council and staff, Council recommended
Administrator Drago prepare a spread sheet for Council listing each employee position
how much of a pay adjustment and a bottom line figure for consideration.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 10:20
p.m.
,1/0* OKl�r�;y _
u47 V
ON,
,
••• City of Okeecho ee
�s�oa,0; ,•• v
MEM01AINDUN
TO: Mayor and Council DATE: June 11, 1993
THRU:
THRU: SUBJECT: June 1st Minutes
FROM: Bonnie S. Thomas, City Clerk(�l
There are verbatim transcripts of New Business Item Number 5 —
Hear from Beach Water Association; Number 6 — Discuss the Comp Plan
Land Use Map Revisions and a partial verbatim transcript of Item
Number 7 — Update on the Comprehensive Plan litigation. If you wish
they can be added to this set of minutes for your approval at the
next meeting.
Thank You III
0
VERBATIM OF ITE
M
E.5. 6/l/9$
,Atty Burton ConnorU representing OBWA
Council to discuss the OBWA Service Are
of Okeechobee Service Area. Atty Conn i
drawings which indicated the actual a
OBWA. Also shown on the map is a
Planning Area.
Attv Connors, explained he would be
presentation. He indicated he thou$
SFWMD, concerning OBWA's consumptive w
overlap in the service area that OBWA :
In reference to the map, the purple li
been the same since 1970. It follows tf
our contracts with the City since 1970 a
that in our agreements it provides that
those lines unless a customer asks for
City is authorized to come down through
installed lines in the green area ind
Estates and Palm Village Subdivisions.
The pink area on the map indicates the
at this time. The green area indicates
There is a dotted line on the map which
of what You called
characterize as ae e Chapter 180service 0 F (
virtue of the City Ordinance which yi
District, <SFWMD>, is telling us is t
claiming as a service area under the Ct
Area", and you overlay that with what w,
which we contend we've had since 1970,
the purple line is what they are saying i
manuals require that the apparent overl+
involved". That's basically all it c
things: We either come to some kind
Council, concerning what we are able to
kind of a judicial determination on that
What we are asking, <OBWA>, the Court(
understanding from two prior public mee
have no problems with us building a new
mean that the Council does not have an o0i
customers, <what's in pink on the map>'.
confirm that there's no dispute as to se
recognize there is potential dispute in t
that's going to have to be decided somet
be amicably resolved, otherwise it mi h
that's going to be resolved. But that's
asking the Council tonight to confirm what
there's no dispute. We can continue to
hopefully, come to an agreement about how
to the District and say there's no disput
Then they're going to take that area, d
calculate an allocation for the amount of
ground for a new plant servicing our ex
asking Council to give us any authorize
basically take the position in these pink
we've already got our lines in the ne�
service in —fill. But we are not asking
service lines. That's for some later potn
about what we're asking for?
Councilmember O'Connnr asked what's in th
and what you are servicing right now?
-A r,.v on,S,Q-A explained that yes, in fact
showing where our service area lines are,
at those maps and we can refer to those do
reach tonight, and say that whatever prop
is property that we service. If we don't
the service area that's for something dowi
as far as where our existing lines are, c
that we service whatever property adjoin:
0
REGULAR CITY COUNC�nDnred
G
and Mr. Leland Pearce, before
3 Boundary in relationship City
s distributed to the Council veers
well as the proposed service a as of
portion of the City's "201" Facility
referring to the map during his
�t the Council may be aware that the
e permit, has advised us there is an
s asking for.
ne indicates the service area that's
e same description that's been in all
s far as service area. You will recall
we serve everything South of or below
service and if we decline, then the
:he area. In fact that's how the City
icated on the map, which is Ousley
lace where OBWA's existing lines are
where the City's service lines are.
indicated or follows the description
cility". It's also what I would
laim which you, <the City>, have by
lu passed back in 1989. What the
hat when you look at what you are
apter 180 powers, the "201 Facility
are asking for as our service area
:he area between the dotted line and
s an overlap. Their, <SFWMD>, permit
tp "has to be resolved by the parties
ays• It boils down to one of two
)f an agreement, OBWA and the City
service in this area or there's some
issue.
Al to consider tonight, it's our
.ngs the Council has stated that you
plant. We are interpreting that to
ection to our servicing our existing
And we are asking you tonight to
rvicing our existing customers. We
Ze non —pink areas. That's something
ime in the future, hopefully it can
t be litigated. I don't know how
for sometime in the future. We're
's in pink, what we currently serve,
service that and then we need to,
to describe that so we can then go
e as to OBWA's servicing this area.
their population projections and
water that we can draw out of the
isting customers. So, we are not
:ion to expand any new lines. We
areas if there is a vacant lot and
shborhood, we should go ahead and
)r any authorization to run any new
t in time. Are there any questions
pink is what you've been servicing
e have certified engineering maps
What we would propose, is looking
ments in whatever agreement we can
ty borders on those existing lines
ave a line bordering on a piece of
the road. All we're asking for is,
n we agree that there's no dispute
the existing lines?
•
oUn .ilmember Entrv, stated to Council
we? ,
.-.a U„�.yor Kiracommented he should have gu
got a very nice map and overlay, and
Possession, and I don't know if anybod
shows the agreements that we've had ove:
of them and where the lines are with
familiar and probably is identical but
Council's Map File>, to look at.
Attv Connor.,% stated it should be, and ag,
confirming. They can talk with our engji
I gave them the legal description for'9
in your ordinance. I think it's Ordina
of the City Code) ... That legal descripti
they used to describe this dotted line.
that's been in our contract with the C:
Those are the two legal descriptions thn
contained, like I say, graphically sho
where we have existing lines, what's in
existing lines.
,City Atty Cook. asked the question, as I u
more or less from the Council that the',
You would continue to serve that, a
consumptive use permit with the Distriel
discuss the other areas in that legal di
1Atty Qgn„nor-stated that what we <OBWA>,
agreement, as far as servicing our exio
that, we are going to take that descr
il
going to do their population projections
that you are servicing, the population
permitted to draw "V amount of water ou
to be. At some point in time if we wa�
have to show the District, as to these',
lines, that we have the legal right to do
consensual agreement, between OBWA and trh
them, basically, a Court Order that says I"
this is your service area".
Attv Cook acknowledged Atty Connors sta e
some areas inside the pink or outside h
that you want? to In -fill?
Attv Connors,indicated that this is the
You all <City> have no lines in that ar :
we are just simply saying that if there i,
are talking about in -fill. Because you
It makes much more sense, I would think, f
when I say existing customers, that al:
someone in the Taylor Creek/Treasure Islam
they've got a vacant lot, we can add thajt
if a new subdivision was to go into one o'
service that ... (Attv Cook - that would
permit) ... and that would be something that
We are not asking you tonight to
to call the "White Areas", that
we agree that there is a certain
•
we never had a problem with t a id
sed why you, <OBWA>, were here. We've
I think all of us have this in our
brought it tonight, I didn't, that
the years and the legal descriptions
those. This <Connor's Map>, looks
I don't know that without that <the
tin we have no problem with your staff
neering staff that prepared this map.
our "201 Facility Area" as described
Lce "18" something....- Chapter 18
>n for your"201 Facility Area" is what
The purple line is the description
ty since 1970, as our service area.
: were used to draw those lines. What
is according to our engineering maps
green shows where the City has your
iderstand it, Burton, is a commitment
rea in pink that you already serve,
id then prior to completing your
You would have to get with us and
scription that the County gave you?
are going to do if we can come to an
ting customers, and how to describe
tion to the District, and they are
ind say, well if that's the land area
projection is "%" amount, you are
of the ground. That's all its going
:ed to expand, then obviously, we'd
areas where neither one of us have
that. And if it's not some kind of
e City Council, we are going to take
it's been determined Judicially that
went and commented you say you have
e pink that you have lines near to
aylor Creek, Treasure Island areas.
There are vacant lots in there,
a vacant lot in there obviously we
3on't have lines there, and we do.
or us to service them than you. So
10 would contemplate that if it's
i area where we've got our lines and
as a new customer. But as far as
these white areas, if we wanted to
be outside the consumptive use
the District would have to look at.
come to i ny agreement about what I'm going
are in d pute. We simply want to know can
area tha there is no dispute about.
Councilmember Watford commented that the
your service area as 'defined in Agreemen
it defined in there <the Agreement> as a s
Attv Connors commented I refer you to <in
Contract that we are currently operatinj
agreed between the parties hereto, that ti
in the areas South of the boundary line tha
the Association, per legal description
hereof, as Exhibit A, except for users p
specifically agreed that the City shall nc
urple line area you refer to, is
that we have with you, okay. Is
vice area? Atty Connors, yes sir.
he Agreement>, Paragraph 7, of the
under, it says ....... it's further
Association shall serve all users
's identified between the City and
ttached hereto, and made a part
:sently served by the City. It's
sere any new water user in this
_2a8
C�
•
area unless such potential user has bci
and neither shall the Association pro
the boundary unless it's mutually
Association". There is a legal desc
description that defines this "line" h4
.Councilmember Watford asked that in the
what is described there as the "OBWA 1
Okeechobee Beach water Association Wa
Yes sir) ... You currently have a line c
that's basically showing in pink, t e
That s all
)... but that's not what you s4
when the new plant goes in, our line its
down Ferrall Road) ... okay. So that'$
area? ... (Att Connors - No, Sir, not
Estates) ... U ay...(Atty Connors - who
that's something to be resolved in the I
I didn't know you had a line that goes
don't ... (Atty Connors - we don't have F
goes in there will bej...I assume this i
lines, that blank area, that's not, bylt
currently served, or are there current
Connors - every place that you see that
lines)...'you have lines in there? ... J Att
like this other one, there are already 14,
Okay. What you are saying should be yp
in all those areas now? Just like we 4;
we say is our service area...(Atty Conn6:
is all this below the purple line shou14
Connors.- you are claiming a portion of,
is a dispute, okay?) ... And neither one of
of those areas ... (Atty Connors - What is
the purple lines is basically an area
You are claiming it. We are claiming i
the future) ... there is a difference i
currently served. There's a big differe#(
- Yes sir) ... We're servicing some area
service area ... (Atty Connors.,- in the g1r
assure us that we can continue, are you,
that you are wanting us to give you? T1
that we can hookup adjacent ... (Atty Connlo
to have any problems agreeing that if yo
is your customer)... And if somebody ti
servicing 441?... (Atty Connors - You are
somebody comes in there then `we can
sir) ... I'm just asking for the same thing
Connors - Yes sir)...You're saying yes to
major transmission line coming up 441, ,
of 441. We are not proposing to take'a3
You are talking about a fill-in situation
something along 441, yes sir, I think my
have a line anyway, you know. You do the
fill in Ousley Estates, and New Palm Vi]
Creek, Treasure Island, and the areas t
wouldn't we be in a better position to ga
issue at one time rather that...
Atty Connors interjected, I'll be hones O
that's likely. To be able to meet our d ;
disagreement, at this point in time, n�
because it's my understanding that Mr. C
some negotiations concerning the Comp.:
impact on how this is all resolved. I �c
out.
�n refused service by ssociation,
de water service to ai� north of
agreed upon by the Ci nd the
Lption attached, and that le 1 1
ire.
area in pink that you currently serve,
►.T.P. site", I assume that is your
tr Treatment Plant? ... (Atty Connors -
ing there? ... (Atty Connors - No sir,
supply line for our service area.
Ld the pink area was.. .Atty Connors -
going to be coming from the new plant
not part of your current service
until it gets midway down Ousley
;ervices these people in the future,
uture)... I was just confused because
all the way there. And in fact you
line there, but when the new plant
s like Taylor Creek Isles. Are there
his map, that's not platted, is that
lines in that area? There? ... (Atty
; pink or purple or whatever, we have'
v Connors - Yes, sir) ... So that's not
nes there? ... �(Atty Connors - Yes)..,
it service area you don't have lines
�n't have lines in all the area that
's - Well, if you ask us our position
be'our service area)... Okay... fAtty
that. There is an overlap and there
us have lines in some quite a number
Ln white between the dotted lines and
where neither one of us have lines.
That's to be resolved sometime in
what, in service area, and areas
.e in those two terms.., Atty Connors
that are in what you c aim as your
een)... Okay. Are you then going to
going to give us the same assurance
tat we can continue to service them
rs - I don't think my Board is going
re currently servicing someone that
-re on 441, apparently, aren't we
servicing both sides of 441)... If
iok them up ... (Atty Connors - yes
that you are asking us for ... (Atty
that? ... (Atty Connors - You have a
lu are already servicing both sides
of those customers along 441. If
where somebody has a vacant lot or
Board is going to agree. We don't
in -fill along 441, you do the in-
lage; we do the in -fill in Taylor
it we currently have out lines)...
ahead and try to settle the whole
ith you Councilman, I don't think,
dline. I think there's too big a
r maybe over the course of time,
;sels and Mr. Cook are engaging in
an Litigation that may have some
nit know how that's going to work
Councilman O'Connor asked Atty Connors w n is your <OBWA> deadline?
AttTT Connors stated, we are projecting to have our plant on line by October,
1994.
Mavor Kirk stated that the little area on the upper left part, that's in pink,
that's where your well is
going to go, is that right?
Atty Connors answered, yes this is the well field. This is where the water
treatment plant is going to be.
....,,. 5 0 �
I
Councilmember Watford stated so the wai
tield to the water treatment plant?
that's raw water coming down here)...
Mayor Kirk asked is all that area in w
...(Atty Connors - Yes) ... So in ease
dri ling the well is our service area to
back and read all these contracts and14
package that the Clerk supplied all o
what you've got there. But as you dro
what impact was taking place. And I e
that you stipulated at some point t
acknowledged that. I would like to go 1
be satisfied. I could be wrong. B
definitely want to know that. And tha
do that. I've got those documents at 't
!r is going to be pumped from the well
reated and then... Atty Connors - No
s right, treated r.
t we're claiming is t/t otted area?
,.e we are saying that ere ou are
?...(Atty Connors - Yes r) went
11 these legal description th the
us with the overlays showing a lot of
pped each overlay down you could see
el like having read those contracts,
zat that was our area. That you
ack and read all those before I would
Lit I'd want to know that, I would
s not going to take me no forever to
he house.
Attv Connors stated that basically wh't
contract. I just read to you Paragr
Paragraph 7 that says that we agree t
was yours. Unless it was a situation
for service and we refused them. Then
as I say, that's how you ended up eaten
to Ousley Estates and to Palm Village
contract and looking at what you have d
of Ordinances, describing your 201 Fa i
dotted area. <On the map>. John
viewpoint, but my analysis would be It
contract there was some kind of language
was your service area, it would have
contract. And that's the one that I j
contract ... ,(Mayor Kirk - that you read
don't recall that language in the prior
but that was the impression that I got.)
,Councilmember O'Connor stated that if t I
have right now, going with the County, o
out, <directing his question to City At
what we're doing with the County if we
shouldn't it all be handled at once?
Atty Cook stated he preferred to handle
the County, on reaching an agreement, w
If we don't have an agreement by then,
had given the Board a summary tonight on I
and in there I said that the neat logics;
with you, <Atty Connors>, and address t
pink. And if that could be done our de;
if that's going to give you all enough t
Just the pink area. I think the concept
the Council is heading towards, and if we
would certainly be something we could prc
the Council if they have their enginee
something we'd want our engineer to read
the description they are going to send t
with that time frame of the first part
whole thing.
,Attu Connors ,stated what Atty Cook is p:
Cassels meet to discuss it and if we
respective Boards, you are saying the Boa
decision by July 1, or the Attorneys make
Boards? ... (Atty Cook - No, the Boards wou:
by the first week or two of July) ... so we
weeks from now?..(Atty Cook. - Yes) ... I
Commission, the City Council, and the Bea
the entire package, that's going to hap
weeks?
is presented here is the most recent
h 7, and I didn't hear anything in
t any of this area south of the line
Zere a customer came to us and asked
ou could service that customer, then
.ng lines to Seminole Cove. And down
Okay? Looking at the most recent
pined in Chapter 18 of your City Code
lity Area, that's the overlap. The
,,00k> can advise you from a legal
hat if in some kind of an earlier
that looked like we agreed that that
been superseded by the most recent
st read to you, was the most recent
the Paragraph from?)...Yes, sir. I
Ines ... (Mayor Kirk - I may be wrong,
s gets into the negotiations that we
trying to straighten this other mess
Cook>, is that going to jeopardize
;o ahead with anything on this? Or
all at once. Our time frame with
1 run about the first week of July.
may not have an agreement. And I
F discussions to date, with Cassels,
step would be for him and I to meet
e whole service area, not just the
[line is the first week of July so,
ne, to do it all at once instead of
E agreeing on this pink area is what
:ouldn't settle the whole area, that
ably agree on, I would recommend to
ing maps of their area that maybe
pr look at, so we can see precisely
South Florida, so if you can live
July, we might be able to do the
posing is that you and I and Atty
.o that and then go back to our
Is should then come to some kind of
the presentation by July 1, to the
have to meet and sign an agreement
ire talking four or four and a half
am skeptical between the County
►water Boards as far as negotiating
n within four or so weeks? Four
.Oktty Cook stated he didn't want to be prem ure on an agenda item but the memo
he wrote the Council, indicates that Cas is and I have agreed in principal
on all the issues, already. The language a have to word out. That may take
some time, but as far as actually being i agreement on the issues I think we
are already there.
Atty Connors stated he m
telling me that may be prematu�C
you and Mr. Cassels 41
about who serves what in the white air
reached that agreement? ... (Atty Cook -
Watford and Councilman O'donnors saga ;
package. And I agree with you it would
is, I think it's going to take mon 1
entities to come to an agreement that,(
for. And we just can't live with that,
take us until September or October just:
we come to that agreement, SFWM still t
permit then after SFWM issues the cons n
thirty days before they issue their per
whatever we present in agreement to SFWM
an administrative agency thirty days i
to be thirty days. They'll take the m
on top of whatever we present as an ag
months, to negotiate. I just don't se
ICouncilmember O'Connor stated his neat
s it going to jeopardize our stance w
the request that OBWA is asking, are we
ahead and helping OBWA before we are
come to an agreement?
Attu Cook commented you've got to con
that, this is their area to give away,
and they've granted OBWA that legal des(
line Burton, is talking about. If we <
OBWA, and allow them to proceed on a
actually serve, I can't see how that w
the County ... (Councilman O'Connor - Ok
once.
in asking the questio but, are you
.ve reached some kind 0n agreement
ea? ... (Atty Cook - No)... VL haven't
)...What I'm understandin C ncilmen
is can we do the whole th g as one
be great if we could but th prP
m
,s of negotiating between alle
everybody can sign on the dottede
rind of time frame. If it's going to
to come to an agreement, because once
as thirty days in which to issue the
ptive use permit, DER has got another
nits, and we are two months on top of
. I think it's safe to say that given
which to make a decision, it's going
:imum amount of time. So, two months
reement, and you're talking I think
how we can do it in one package.
uestion would be then, to Atty Cook,
h the County if we go ahead and give
fitting ourselves in jeopardy by going
tisfied that the County and us have
der the position of the County is,
,hich they've done by the Franchise,
4tion south of that line, the purple
:ermine that we would cooperate with
e permit, only using the area they
ld jeopardize our negotiations with
)...Our intent was to do it all at
.Councilman O'Connor stated, you have answered all m
answered that. That's what I wanted to know, what shape itestwasogo when you
ing to put
us in. And another question, Chuck or Mr Drago or whoever is in charge of all
these water lines, are in fact, is that the water lines that they are taking
care of right now? And have been since whenever? What's on there?
Mr. Dra o Commented not having checked t
to rely�at what Burton's telling that
Councilmember O'Connor commented that se
which he had every reason to believe, t]
and do we agree that that's what they ]
question that he's asking.
map he couldn't say. He would have
hat is the line.
ing that Burton is telling the truth
t he is, that is what they have had
ve been using? I think that's the
AttT Connors stated he had no problem with
provto your
engineering drawings that we have showi� our linesiinnthe ground.staff the
Councilman O'Connor commented, even L.C,
here for thirty years he ought to know
works here now or not I don't believe he'
down the line here gentlemen we've got to
people, or we're going to be stalemated.
would be the one to ask, he worked
zere the lines are, and whether he
Just going to lie to us. Somewhere
tart moving ahead and trusting some
..Agvor Kirk stated I think we're moving in hat direction Councilman O'Connor,
not too long ago, and all of a sudden we taated reading about things in the
paper.
.Councilman O'Connor indicated he had
referred back to J6o n about if this was
<Atty Cook►, doesn't think it will if we
are at.
h rd that too and that was why he
ing to Jeopardize anything. And he
gree that this is where their line's
Councilman Watford indicated the question
lines were...(Councilman O'Connor - or th
using) ... that s the question...(Cdouncilm
,Mavor Kirk' commented he was like Counci
words Service Area. Customers currently b
quite a difference. Atty Connors indicate
have a problem if we just couch it in tei
these are the existing customers, in OBWA
as not whether this was where their
this is the area that they've been
O'Connor,- Okay).
an Watford, and doesn't like the
ng served is better because t.hat's
he did not feel the District would
9 of "there is an agreement, that
Service Area". They can compute
----* 5; C4 8
their allocation base on th
at.
Mayor Kirk stated that it was not his
You people not to be in existence, or
are wanting to be able to do. But at
is to the City of Okeechobee. As is a1
I want be completely comfortable with
until I go back and read my documents iL
one of the earlier ones <Agreements>,
I couldn't debate with you anyway. 7
personal opinion, is trying to stop you
The problem we've got is much broader.
like, this was an attempt to cut us of
greatly limiting it with the Franchise
trying to protect. Not what you've go
it and we are not trying to take it. ]
do anything that's going to jeopardizes
for this area that we're claiming. If
that's fine, that's where we'll fight
Atty Connors agreed that is the basic
to a mutual'agreement, between OBWA
areas", where neither one of us have 1
taking the matter to court. Because b
We are claiming it under "180", as a p
under "180", as a City or Municipality.
ultimately going to have to decide betty
are saying that's for a later day, if
building a plant for our existing custom
and you've confirmed it again tonight,
is true then is there not then a way
customer base that we can then go to Sol
there's no dispute about OBWA serving
calculations on how much water we can dr
people, and then we go ahead with o
hopefully this will be solved amicably,
Mayor Kirk indicated that since we agr
resolved and possibly in court you wo
currently being served with zero expansi
us?
,Attu Connors stated that the problem wi
then that as'far as these vacant lots ai
we can't service those? ... (Mayor Kirk —
I would have to discuss that with my goo
Mayor Kirk further commented that we've
we ve been'talking about serving your ct
I assume would be people that you've got
Is that not correct? ... (Atty Connors said
staff can advise you on that, Mayor. I
180 that you can even begin to say that
be completely surrounded by us, these vac
Chapter 180 is clear. You can't go into
purpose for that anyway, Burton. I this
time we stop and try to be the good guy
pretty soon, you know, you start putting
a while. And I'm not that type of person
until you hit back or block or do somethii
keep coming at you. And each time we sto
And I'm "gun Shy". That's the reason I wa
for one thing. Your letter to get on tl
courtesy we did not insist that you tell
talk about, that violates our own rules.
tell us and I would have come prepared.
Attv Connors explained that the reason
specific explanation of why we wanted to
concern expressed by the Council that word
things are being distorted and we felt
communication that way nobody gets to try
hidden agenda". We are here, my Board memo
conversation with them about it. We need t
I ttention at any point in t e t
:o not be able to accomplis w use
you
:he same time my first respons lity
these people up here.<Councilmembers>
anything that's said up here tonight
;ain. Maybe what I read may have been
d I may be wrong, I won't debate that.
don't think anybody up here, in my
from servicing what's in the ground.
We feel like this was an, or I feel
as far as us having a service area or
Agreement. And this is what we're
in the ground. Because we don't want
ut at the same time we don't want to
the battle that we may have to fight
re have to fight it in court, I mean,
aality. Either we are going to come
id the City, as far as these "white
es, or one of us is going to wind up
:h of us are claiming a "180" right.
.vate company and you're claiming it
Okay? And it may be that a judge is
to us who gets these white areas. We
a fact you have no problems with us
rs, as you've said in prior meetings,
are simply saying that well if that
that we can describe our existing
th Florida Water Management and say
these people. Let them do their
v out of the ground to service those
plant. Sometime in the future,
f not it will be resolved in court.
a that it's going to eventually be
Id have no objection to customers
n in any of that area that involves
h zero expansion is are you saying
l Taylor Creek and Treasure Island,
hat is what he would be saying)...
d.
)een talking now for some time and
rent customers. Current customers
line to and that are hooked to it.
res that is correct. And your legal
st don't see any way under Chapter
ou would service lines where you'd
it lot areas, because again I think
that area) .... that wouldn't be the
what is worrying me is that each
we get punched in the nose. And
)ur guard up. Mine has been up for
You can take only so many punches
You don't just stand and let it
and we give, then somebody takes.
to go back and I apologize to you
agenda, to come before us, as a
s specifically what you wanted to
We should have insisted that you
hat we <OBWA>, didn't offer any
appear is because there has been
are being said back and forth and
.ike its best to just do direct
to second guess, well "what's the
rs are here.. You can have a direct
try to keep the communication as
W 0 V
open and as honest, •rectl between • y n t e two Boards.
Councilman Watford, asked, well why in t
and honest when you were doing this F
That directly relates to this issue
doesn't, but it does. Why? (Atty Connc
that it's at all likely that the City (
of a Franchise Agreement?) ... one way oi
that. Even if it has to be in court, ]
going to end up doing ... (Atty Connors
City into discussions about a Franchise'
say bringing us in, we didn't know any
be sitting at the table there, discuss
to have known about it. As would a
Nobody seemed to know.
Atty Connors stated he could respond t
to generate hard feelings and we are nc
tonight. We are here to ask is there
serve without a dispute? I think getti
is going to be ....(Councilman Watford
sitting on this side of the table)...e
sitting on this side of the fence either
but everything we do has to be done
meeting)... everything that was done wit
...(Councilman Watford.- everything?).,
Franchise Agreement, everything was do
concerned, it was ... (Councilman Watford
appear overnight, it appeared on a Cou
there to be voted on. And I just don't
as I can determine no prior discussion
and I just didn't hear about it) ... that
was not the County Atty, and could only
advised the County as to how to go ab,
Sunshine. I know of nothing that constj
concerning the Okeechobee County Franck
fMavor Kirk asked if anyone had anything
myself, okay? When I go back and read
after reviewing my documents, and this
I think the maps will be pretty much ide
memory, when I go back and read the Agri
in them, that bothers me with what we ai
would have no problem entering into some
<OBWA>, so that you can serve your curr
and you know, we can look at the pink ar
that you two attorneys would have to woj
think anybody up here is trying to sto
servicing those people, because they'r
even told you we would give, or rather
at a reasonable rate, if you don't me(
ourself from where we are based on some
us in print, individually, if it was a
spend your dollars somewhere else". Bul
to live up to our responsibilities, for s
responsibility being to the city. But m
it does not contradict what's being sail
with the words in the total contract, aj
for our Attorney to interpret it for me
I think we are going to have to probat
personal opinion. It's going to be up
that decision.
Atty Connorsstated, Mayor we would requ
15th, two weeks from now, or whatever.
make sure of that the Councilmen understa
beyond saying in principal we can service
way of defining that, and again our propo;
our line, we service it. Okay?
Mayor Kirk commented let me tell you my
going to sound stupid, but I'm an educate
You've got a pipe in the ground, you t
customer behind that would, do you unders
water to this place, how.... (Atty Connorz
FILE
ie world didn't you try to keep it open
ranchise Agreement with the County?
ire, you're probably going to say it
rs - ,,,asking Council, are you saying
ouncil would have agreed to some kind
another we are going to end up doing
ike you say, you know that's what its
- the same problem with bringing the
Agreement with the County)... I didn't
ping about it. I didn't say we had to
g it with you. I would have just like
)t of other people in the community.
that but he was afraid it was going
here to try to draw any battle lines
Ln area that we can agree that we can
g into this phase of the conversation
- you don't understand what its like
d you don't understand what its like
. A(Councilman Watford - probably not,
n the Sunshine up here in a public
the County was done in the Sunshine
(Mayor Kirkasked, everything on the
e in the Sunshine?) ... as far as I'm
- how did that, , , document just didn't
:y Commission Agenda and appeared on
inderstand how it got to there as far
n a public meeting, maybe there was
ras his understanding, he advised he
issume that John Cassels has properly
tt a Franchise and do it within the
utes a violation of the Sunshine Law
se.
lse on this matter. Then stated for
his I personally, if I am satisfied
ooks really familiar, so it may be,
tical, or very close, again using my
!ments, if I personally find nothing
talking about here tonight, then I
ype of an Agreement with you people,
It customers. I will not give you,
L, but that's something that I guess
out the words on. Because I don't
You from going with the well, and
going to have a need. And we have
111, not give you water, excuse me,
this deadline, and if we removed
f the things that's been said about
*ivate business, I'd say, "hey, you
we have not done that, we've tried
at's better for everyone. One main
opinion is if when I read this, if
here tonight, and then I'm at peace
if I don't understand it I'll ask
with your service area, you know.
y end up doing that as far as my
this Council as a whole, to make
t to be on the next agenda on the
.nd one other thing that I want to
that is if you have to go one step
hese customers we have to have some
1 tonight is if the property fronts
'oblem with that and it's probably
, I don't put pipes in the ground.
)k the customer up then the next
nd what I'm saying, now you've got
Lnterjected, let me clarify that.
_..,`laQ
r�
Whatever can be s • •
erviced with just ai service line, I'm not talking about
running a four inch line so somebody else can get service on the back end,
I'm saying whatever you can serve fro kn an existing water line,with a
service line, and I would also suggestto
out what area of you, in terms rI to figure
staff, my staff, can look yateit, r and go to the lk g about, once we have h ma
p, your
You can look at what is the property butting those lines. It erty appraiser r n and
be
clearly locked down, in terms of thosemaps of existing lines in the ound
from the property appraisers rolls) ... I understood that.
because that's what I wanted to know...ors And thank you,
way of describing for the District what (outmight call the landwe haveareto a, abecause
they are going to take that land area Sal do a
p
and they are going to say well based that weuareion projection on thntn
amount of water that you can pull out ground)
the g 8oing to allocate
.
Councilman Walker advised that the only thing he'd want our engineer to agree
to those areas. Besides our Atty. I Want some engineering input too besides
the Attys input. That way when we say xisting customers we'd know whether
it was a service line or a transmission line.
Attpp Connors stated that within the next two weeks he would be happy to meet
wit f� Mr. Cook, our engineering staff, will be more than happy
your engineering staff, to discuss all this... (Councilman Watford,- whether
he was going to include all that Pink
Wastewater? I mean your Water Treatment: Plant? No? Al houghnue it'supi k, it us
not "pink"?
AttTT Cook interjected, they're not going to serve off that line, it's going
to be a distribution line. 8
Mayor Kirk stated and that would be identified in our Agreement.
Attv Connors stated it will not become a distribution line until it gets into
the purple."
Mavor Kirk asked whether Kings Bay had it own water service down there? They
have their own. Yes.
'Attu. Connors - there is a system down th e, we <OBWA> own it ... (Mavor Kirk -
you own'the system at Kings Bay?) ... yes ir.
r Kirk stated I hope we have at least
only have one vote up here. Same as do
all need to get together and look at it
and it won't take long before Mr. Cook he
Agreement because I'll read it tomorrow
because there's not that terribly many o
I wish we had brought the overlays becai
that for us so that we could understand i
sometimes, you know when you put it in
doesn't mean a whole lot to somebody that
like we have taken a beating over this a
With it and make you listen to this. Bu
up here wanted to cause you people <OBWA>,
So, but we are going to, well, I'm going
toenail or whatever, to protect the rest
agreement to have a Utility Authority.
become a matter that won't make any diffi
know that and that's why we are digging c
Att` Connors stated we agree that a Utilit
...,(Mayor Kirk agreed, yes).
Mavor Kirk asked, you'll be back then?„'(At
on the 15t'h J,.&vnr. Kirk advised him t a
<Drago>, that you are coming, in the me
communicating?.,.,rAtty Connors ,stated he w,
will be back on the 15th4...Mavor Kirk acki
he would anticipate trying to set up a mee
Cook, Connors and Cassels> before the 17t
can clear this up.
END OF VERB
approached some kind of a direction
s each one of us. I think that you
id see if it can be defined for us,
rs from me as far as my reading the
oometime. Or, the past Agreements
them if my memory serves me right.
e the Clerk did a good job fixing
at we were arguing about. Because
netes and bounds descriptions, it
not in that business. But, I feel
i I'm not going to go any farther.
at no point I don't think anybody
aot to have water. That is absurd.
fight as much as I can, tooth and
of the area. Unless we reach an
hen every bit of this is going to
ence at all to us. But, we don't
r heels in.
Authority would solve all of this
v Connors asked could we come back
all he had to do was notify John
n time are you going to do some
I just telling you officially,
wled ed oka we
8 F'••� A�tty. Cook.stated
ated
ing between the three of us <Attys
1...,ayor. K. i stated hopefully we
M
—SoAB—
�epa.ttd by 'the
•
VERBATIM OF ITEM E.6. 6/1/93
,,,a,jor Kirk referred to Councilmember
Comprehensive Plan Land Use Map Revisi
has been a lot of controversy over our
At the last meeting we had quite a Ion
were for one reason or another not the
use map. We have had different opinior
and we have ever since day one when we
map. At that last meeting several ci
heard from DCA. We heard from Mr. Mor
on things we could or couldn't do. I i
one opinion on what we could or couldn
I am concerned and have been since we
are taking to change these especially t
the Clerk did just a tremendous job in p
showing different areas and where they F
it would be very easy from that map to i
Some of them may not be errors. There j
land use map. I don't think any of u.
that are obvious error.
I would like to suggest, and I'll be w
motion, so we can discuss it but I'd 1:
write a letter and officially request E
meeting to clarify some of the discrepa
do. One of the things and I called DC
that I called DCA, and talked to them
bureaucracy that, you know you have the
are called, but they've all got titles,
was told may not be what the legal depa
I would assume that if you were to talk
have to take that on good faith, that
that what they tell you is correct. 0
disturbs me because we've been told we i
told incorrectly, that's why I'd like to
we could all ask them the question and
would have a chance to all discuss it but
not extend that first phase. We couldn
that would be then, technically opening
I've been told, that is not the case. W
and the only time the two phases would co
have a transmittal to DCA. What wi
applications all year long or we coul,
doesn't matter. The two times a year co
requests or those changes or whatever, t
I may have been told wrong, and I'm not
law, and I don't know the procedure. B
someone from DCA here, because I firmly
called mistakes into one request, and se
handled much better than the way we are d
applications for each individual land oi,
about obvious errors?) ... Yes, obvious err
is some Government Use land and it is not
by a railroad track that's Single Family
Family. It should be Commercial or some
Family, right be a railroad track. There
Commercial buildings that have been there
whole area has been Commercial and always
those are obvious errors. And I think cc
again, I've been told that the City Coun
can initiate changes to the land use ma
under our July, because I agree with Mr.
best thing to do. But that we can initia-
at one time.
I think we owe that to these citizens tha
their property in the wrong land use cat
request. I am not requesting we actually,
that we request, again, I've been told, t
• P* /I
'7ULAR CITY COUNCIL MEETING
tford to begin the discussion of the
IS. Councilman Watford.advised there
uture land use map and the Comp Plan.
discussion over different areas that
ght to be correct on the future land
on how this issue should be handled,
Lrst discovered certain errors in the
.zens suggested things that they had
ell on certain things or his opinion
ink all of us probably have at least
do.
.rst began this on the track that we
►se that are the obvious errors. And
!paring the map with several overlays
e different from the zoning. I think
en determine where there are errors.
ybe should have been a change in the
are disputing that. It's just those
Lling to make this in the form of a
e to suggest that we have the Mayor
representative of DCA to attend our
:ies we have in what we can or can't
I'll come right up front and say
The problem is DCA is such a big
,gal and I don't know what the others
different departments and so what I
:went would tell you I don't know.
someone in DCA and I think we just
ey have some position of authority
thing I was told, and it kind of
uldn't do this, and I may have been
lave somebody from DCA right here so
we could have it on record, and we
we were told at our meeting we could
reopen that first phase. Because
he second phase.
could reopen it <the first phase>,
e into effect was when you actually
do locally here, we could take
take them at different times, it
it when you actually transmit those
DCA.
lying that because I don't know the
t I would just like for us to have
)elieve we could handle all the so
I it to DCA and I think it could be
Lng it now where we have to have the
er... (Mayor Kirk — you are talking
rs. For example we know where there
overnment land. There's some right
and obviously shouldn't be Single
ling other than Residential Single
ire others where there are actually
'or fifteen or twenty years, and the
zas been and always should be. And
Id be handled. I am going to say,
L1 can and think we all know this,
and I think we could do it still
orrell, the July time frame is the
! them and we could handle them all
we have, I think, erroneously put
;ory. So that is what I'd like to
physically do anything, other than
at we have to officially, I as
•
Dowling Watford
meeting. But,
that we have a
map. And that
can't call up there ai
we have to officially
representative here to
is what I'd like to see
That would clear up a lot of this, "wel:
to so and so and they heard this"...(
thought we should ask Mike Morrell. He
that you are asking them. You know,
that's been working on it for us. Obv
need him anymore if he doesn't know.
talking about, having the Mayor send t
Mike Morrell continue to do what he's
DCA? Because every time he does somet
(Councilman O'Connor - So, if he stops,
getting in trouble by stopping? Wast:
moving ahead. And I think that Mike Mor
you're asking inasmuch as "somebody sa:
He's from Tallahassee.)
_Mayor girti asked, then if Mr. Morrell
Atty Morrell responded by saying to the
weeks ago, a number of representations
communication with DCA. And immediate
called Mr. Arrant, who Mr. Altobello hai
had spoke with. I put a call in to Mr.
return my call. It is normally my pracl
of fact, legally I am required to whet
legal. And I can't talk with departmen
case you've asked me in effect to act w
would be no problem seeking technical a:
I called him. I was surprised to rec(
standpoint scolding me for calling Mr.
I told Legal that the reason I was call:
community had made representations the
explained to the Legal what the situatio
talk to Mr. Arrant, but we have already
is the kind of situation that is not
corrected with a letter to the secrete
amendment. But we will work with you
these bundled in a non -controversial pac
we can do that faster for you after Jul,
They <Legal>, said they'd let you talk wi
is it's going to require a plan amendmen
he is a very close friend. He was the I
and our negotiations with them on your p
thought of Planners in the Department.
Plan Review section and is now in the Te
very well be the one who will come him:
here. If you ask for a speaker. Bec;
doesn't do the Plan Reviews anymore. An
know Mike, he said I don't recall ever s
do recall speaking to Mr. Marsocci. Bec
Marsocci that there had been an occasion
a City Council had acted people had sent
Legal sent it up to the secretary, and t
and could all be handled without submits
I've been corrected in no uncertain term;
City of Okeechobee appears to be one that
the maps by the Central Florida Regional
the City. And therefore, it will requi
procedure of requesting a letter would no,
Department has run into this very situat
they work very quickly to expedite the re
to my attention as did Legal, that after
thirty days in which to respond where they
that if we bundle them all in an error pa(
he doesn't see any reason why he can't imm
that he doesn't intend to review these am
discretion to review them, it is obvious:
You could go ahead and adopt, I believe wd
get them up there and It could be a done
sa P
y send som ebody to aCi y Council
quest through the Sec t y o CA,
iscuss these errors to th 1 se
is do.
so and so was told this, or I talked
iuncilmember O'Conng & - commented he
s the attorney on that. The question
somebody said", etc. He is the one
)usly he ought to know. Or we don't
And in this time period that you're
is letter off, are we going to have
)ing? Or to stop until we hear from
.ng it costs us money)... Absolutely.
.t doesn't cost us money. But are we
g valuable time when we need to be
all ought to answer the question that
". That's his ball field up there.
ld like to respond?
council that at the last meeting two
are made by the citizens as to their
y upon returning to Tallahassee, I
represented that he and Mr. Marsocci
rrant and left a message to have him
ce to deal with legals. As a matter
we are in these cases to deal with
witnesses. But I felt that in this
:h you as a staff member, that there
istance from Mr. Arrant directly, so
ve a call a day later from a legal
-rant.
g Mr. Arrant is the citizens of the
he had spoken to them and I then
was. And Legal says we will let you
poken to him and he knows that this
ministerial mistake that could be
y. It is going to require a plan
!al quickly to get it done and get
tge, and get our approval. We think
1, than we can before July 1.
z Mr. Arrant anyway but, your answer
. I called Mr. Arrant. By the way
ntlemen represented the department
an. And he is one of the most well
e has since transferred out of the
hnical Assistance section. He may
!lf or assign someone to come down
ise that is what he does now. He
he apologized to me. He said "You
!aking to Mr. Altobello, he said, I
use I do remember mentioning to Mr
rhea there was a mistake made after
letter and we sent it to Legal and
e secretary thinks it is a mistake
ng a Plan Amendment. He said but
by Legal that the situation in the
whatever problem there was made on
Lanning Council before they came to
a Plan Amendment. And that our
work. However, he did say that the
on in a number of communities and
iew of the Amendments. He brought
my 1, the Department actually has
zad ninety beforehand and they feel
age, that are clearly errors, then
liately get us a letter back saying
ndments even though he has got the
they are all in error. And then
hin thirty days as soon as you can
eal.
2 o-P b
But he apologized for the mis-
communt
importance of continuing to work thro
that I did have the correct department
at the last meeting. That's not to ref]
a pleasure to deal with. He is one
Department. As a matter of fact you
Mr. Arrant has been hand picked by S i
Intergovernmental Coordination Elemen
working on that hopefully will pre
management to resolve the kinds of dis
is very highly thought of. He is no to
ll
the information he gave Mr. Marsocci.
to come down here. Because we've had d
down here. I don't know what state tra
You would like to hear from him.
-Mayor Kirk,asked, are you saying that
35?... ('Atty Morrell,- we have got 30)..
whatever, to that? ... (Atty Morrell - i
<Watford>, is correct. You can process
you the misapprehension the last time
round).
Councilman
could not
Watford responded, no, I'm
open up the first phase.
Mayor Kirk interjected yes we were, or
_Attu Mnrrrall stated, I think it's a
that...
,pouncilman Watfolyd
because that would
is it?
restated, we were t
in effect be startin
Attv Morrell answered, right, no, no.
it's how many times a year you send the
that you might not be getting and it's i
expedited review provision known as a "S
if you do less that 60 acres a year you c
so we ve go 30 now. So we're going to h
with this and the problem is if you were
you can't use the Small Scale Review at
So, in fairness to the people who we're
we intend on bundling those up into a non,
they total 30. We'll zip them right off
second. We'll then have an additional
Scale bundle of errors and then we'll m
there are some criteria on the Small Scal
of an adjacent property that has gotten
So, I hope I haven't confused you but a
these things in a Small Scale which al
than it will after July 1. We'll be gett
the errors corrected.
I do think it is a matter of your own
adopted and not as a matter of State La
overlap plan cycle's. If for no other r
the fact that it is closed within 30 acr
that so many of these amendments are sub
You open the window up you not only he
following you own policy but you've conc
bigger than 60 and once you get more that
of them can go up under the Small Scale.
You want to go up under Small Scale.
And so to the extent that these 30 were
got in, I think it would be in your discre
review and consideration with the assist
assured us that's going to happen. You'v
at your first meeting in July. Those 30 1
was to open up the second cycle the week t
the next 30 acres of the next errors and
your 60 acre minimum Small Scale exemptic
•
ration. Legal empha;sW o me the
;h Legal. They in a ect s red me
L policy when I counseled a Coun 1
ect negligently on Mr. Arran H
E the most successful people in e
11 all be interested in knowing that
retary Shelly to coordinate the new
Rule Making that the Department is
nt the next generation of growth
.tes between Cities and Counties. He
ler in Plan Review, he apologized for
But I am sure he'd be more than glad
finer a couple of times when he's been
�l is like but I'd like to see him if
could, what have you got right now
re you saying we could stop and hook
can bundle 30.
amendments, and
the meeting.
Councilman Dowling
I hope I didn't give
You can process year
saying you did. We were told we
least I had the opinion...
ter of your own policy, I believe
we could not open back up Phase I
ase II. That's not correct though
think you're correct when you say
to Tallahassee. I think the point
subtle one is the Department has an
ill Scale Amendment Provision". And
a move even on a quicker track. And
fie an additional 30 when we get done
to open it up and go beyond 60 then
as a result those don't get done.
iligent and came in the first time,
,ontroversial Small Scale Amendment,
id they won't even count towards the
acres in which to do another Small
t out on our 60 acres a year. But
including property within 400 feet
he Small Scale Amendment.
along we've been
Ws the process to
g a double kick in
trying to bundle
move even faster
terms of getting
olicy. Your own policy that you
That you would be inadvised to
aeon than the cycle has closed and
: means, under 60 acres, it means
Mt to Small Scale bundling and if
e the question of whether you're
.vably opened the bundle up to get
60 acres worth of applications non
Then you've got to pick which ones
,ligent and noticed the errors and
lon to give them the most expedited
ice of the Department. They have
directed us to agenda these items
11 be done. I believe your motion
ter that. Those we will then take
indle them up you will then have b
a year. And then the rest of
- 3 a to
them, we'll still convince them
discretionaryreview we':
provision that tl
to in effect send us that letter just
will personally hand walk each of these
Councilman O'Connor if I do have any c
I can get a quick response out of th
Okay)...
So that's the information I found. I'
communicated the last time. But from t
get it done and DCA has too, to give u
this. Because this problem is happen
doesn't want to be bogged down on the
people.. wait until July 1. And what'
admitted that he was told by Legal 1
correct and that because the error oc
there has got to be an amendment beca
which the Council acted. If it wer
supposing you got done and you made son
the City Administrator to make the ch
block, that would have been the type c
with a letter to the Secretary, run it
letters take about 65 days to get out
that, so sometimes even a letter that g
longer than the new expedited review.
but we're talking about a law that's uni
really knows that they've got a bureauc
anymore and so the legislature made the
get this fixed faster and we're trying
can.
But, Councilman Dowling <Watford> to the
want to invite DCA to come down here. Wi
other planning issues that are going on
matter of fact, I think what's going on
for their rule making effort that th
complete within 6 months because Okeecl
aggressively using the Growth Managemen
this is what the Department's been man(
there might be something to be benefi-
coming down and I would surely take no
I would want to be here, I can assure yo
you while you're hearing from the Depar
&& vor Kirk asked.,you keep referring to
'Atty Morr ll responded, 60 a year, no,
o,n ;lman Watford interjected, acres.
•
still work on DC4� give up that
y have after July//l th -L them
soon as they got our a et. And I
packages through the Dep men And
editability in Tallahassee I eve
Department ... (Councilman 0' or —
sorry if I misinformed you or mis—
s very beginning we've been trying to
the absolute fastest way to correct
ng everywhere and so the Department
e amendments. They are encouraging
news, I think, is that Mr. Arrant
.at our original interpretation was
urred before the Council acted that
se the question is, the intent upon
the kind of error that occurred,
changes that night and you directed
ages in the map and he missed by a
error that could have been handled
hrough Legal. And by the way, those
)f the Department, they did tell me
as around the procedure can take you
,nd so I know it seems ironic to you
!rgoing a lot of change and the State
acy up there and they don't want it
kinds of amendments to allow you to
bring them to you as quickly as we
-xtent I would have no problem if you
could probably show them some of the
'ithin the community and hope. As a
n Okeechobee County will be a model
.r mandated by the Legislature to
bee County and Okeechobee City are
Act to work out their disputes and
ted to do for the whole State. So
ed by having a DCA representative
`fense if you did that and although
it would not be my intent to charge
lent of Community Affairs.
acres, is that 60 applicants or..
u can...
Mavor lurk questioned, acres so that might be 100 applicants?
„Atty Morrell,answered, there could be a
acres, there parcels are 10 acres or le
bundle is, you can do 60 a year, 60
Amendments. And so what it is, is an ex
every community needs a little flexibil
that. DCA is encouraged us to use it of
available after July 1 but they think it
-- M.•May.°r l then stated, I understand that
here. Which in the last five years this
same time I sympathize with all the pec
didn't do anything. And some way some ho`
we keep assuring that we will do somethii
if a DCA guy can come down and talk to us
how it can hurt anything.
Councilman WatfoE.L asked to Clerk Thoma
acreage when you did that map I'm sure d
Clerk Thomas,answered, yes we did, what
Attv Morrell, responded to Clerk Thomas'
little over 30.48 I believe is the total
l00 applicants as long as there 10
s and the total cumulative in the
:res a year worth of Small Scale
edited review that recognizes that
ty and we've been planning to use
!r July 1 because they think, it is
forks even faster after July 1.
e've got ourselves into a situation
Ls not the first time. But at the
le that this effects because they
I know they need relief. You know,
in July and we will. But I think
.t can't hurt. I mean I don't know
Bonnie you didn't calculate the
you?
s it <to Atty Morrell>?
uestion, we calculated there's a
:reage of the 30 applicants.
Councilman Watford c• ified I'm
not
errors or whatevei we have, we did no�
Clerk Thomas answered, no.
#ttv Morrell, then asked Councilman Watf
125 are mere changes in zoning and plan
.Qnunc:ilman WatLigS.L responded by stating,
real easy to do with the map that our
a lot, I would be willing to bet that,
but I bet 80% or 90% of those are error
them have commercial buildings on them.
that's ... (Attj Morrell - that's an err 3
building that s been there for 20 year
a lot of them like that...fAtty Morrell
a rail road track, you don t make that.
that's not residential, I'm not a real es
Morrell - correct)... sell that as resid
el
of them in that category. Now I agree t
are the vacant, we're there's just a b
different than what, and I think those
choose that's the one you'd wait on. c
wont use it under this Small Scale...(A
want is the one were ... (Atty Morrell
building and the guy, he's in business.,
to expand and he can't now because we
right)...
,Atty Morrell then stated, well that's wh:
Scale. I think if you want to use
consistent with your own plan procedure
given you half of your Small Scale
approximately. Even some of the first 1
be grouped other than the Small Scale.
exceed your 60 acre bundle then their wi
here first we should be in the bundle, i
gets. The Department has assured me on
get the formatting down and their workinj
them we're having the map done we've g(
regional planning council and the corre
map by a consultant. As a matter of fa
Bonnie did in Ocala on my way back to Tal.
to run the computerized map. We'll then
the applications to the Department and 4
convinced that there is going to be
application, as there has always been wi
their just going to go.
Mavor Kirk stated, the maps you are mak
errors that you are making reference to,
to provide all of us with overlays on th
know about you guys but it's easier for
overlays and she is going to do that foi
if we can get this guy to come down that
him some questions and see what he's got
..And this is not a miss trust to you....
sure that Mr. Arrant himself)...
Councilman Watford interjected, I'd lil
somebody around', surely somebody has got
has and it seems to me it would be very
overlays it's going to be very easy isn't
whenever I can get them done) ... a vacant
there.
G�k Thomas responded by stating, that
-.Gnunsi.?man Walker interjected, if the man
to it
Councilman Watford continued with his stE
on anybody here, but like the Police Chie
or somebody that's familiar with the Cit
ought to be able to go through there, I we
alking a• t the a
pants, the 129
calculate that 14.
rd, has it been made clear whether the
ping or are they actually errors?
that's what I think it's going to be
.erk has. That's what, you know, and
nd I may be going out on a limb here,
, not just changes. Because a lot of
And I think you would even agree that
)..the kind of thing they look at, a
(Atty Morrell - right)... there's
right) ... Or an`area that's right by
(Attl Morrell . right) ... even I know
tate guy but I know you don 't...(AttY-
itial single family, so there's a lot
he one's that are going to be sticky
lock of vacant land, the zoning is
are the one's if you had to pick and
u'd say okay well it's vacant so we
tv Morrell - right) ... but the one we
right) ... You've got a commercial
'At tv Mor..r. q► - right) ... or he want's
,e blocked him in... (Atty Morrell , -
we're purposing reserving this Small
to Small Scale you need to use it
i and your own plan procedures have
Amendments in your first bundle,
.ndle may not be true errors and may
But to open your window back up and
L be people in here, well we were in
shouldn't be in the bundle it just
we get the first bundle up and we
with us and that I intend on showing
ten the computerized data from the
:ions are being map to the land use
: I've got to drop off the map that
ihassee tomorrow where they're going
have the evidence we need to submit
ice we get that first bundle up I'm
a creditability that the City's
h everything you all have done, and
ig reference to and to the list of
►uncilman Watford, I asked the Clerk
because I think it will. I don't
e to understand it if it's done in
us right a way. But still I think
re can't lose anything. We can ask
say....(A;tv Mortgj.L - absolutely)
Ltty More - oh no not at all, I'm
to request and surely we've got
ie time to take the map that Bonnie
sy to say ... (Mavor Kirk,- with the
t? Isn't it Bonnie? Bonnie - yes,
it or there's a current business in
11 be difficult.
got a building and he wants to add
ement, and I'm not trying to pick
or the Fire Chief or Public Works
and knows were these blocks are
ld think, cause some of them are,
--50�to --#-
like • '• you got Larson and...(Mayor )Kirk I- was that not in the information that
i requested or not, what Dowling is sajr ng? Clerk Thomas
you need to add that to it then)... I ,je*vor,R--i.:)ly -
Atty Morrell suggested to the Counci:
mentioned to you Mr. Cook has already
County scheduled on the 17th you have a
is the gentlemen responsibility for the
as a mater of fact he is appearing
planning council at the end of the mon
the Regional Planning Council on how h,
Department Rules. Maybe we could invi
and Mr. Arrant himself down to both ad
at our dilemma and combine it with an op
in operation here in terms of your owt
since he's going to be changing the rule
on.
Councilman Watfor 1„responded, I don't'
when we meet with the County, no.
Mayor )Kirk also said, no.
Atty Morrell, then stated, well, I'll
15th>.
Mayor Kirk asked Councilman Watford, di
City signed by me <letter of invitatio
.nuncilman Wa ford answered, that is my
told.
when you invite some(ow as I
)ld you. You have a meet the
ioard meeting on the 15th. Mr rrant
r rule making and you may interested,
afore the central florida regional
i to solicit your views as members of
should begin his job on amending the
e a representative of the Department
ress the map, see Bonnie's map, look
Drtunity to observe Growth Management
meeting with the County on the 17th
for the rest of the State to operate
ink we want him here on the 17th, not
glad to issue the invitation <for
ou feel that needed to come from the
nderstanding, that's what I've been
.Mayor K.Jrjstold Atty Morrell, you can in i,te them at the same time
Attv Morrell stated, I'll be glad. I cod drive them back by the Department
tomorrow, take your letter
_Co__ncilman Walker. interjected, I unders od on the 17th we weren't meeting,
Just invited to sit and we could partieLpate if we wanted to but we weren't
asked to participate. We could hold u our hand and say something but we
weren't going to get to sit at the tab]
e.
Citizen Frank Altobello addressed the C
straight when I was up here. The st
telephone conversation that was made to
spoke with Tony Arrants. And personally
initiative to follow up on that. I thin]
well a head of the game and can save a
Mayor Kirk thanked Frank Altobello and
in a form of a motion? We don't need it
letter and it's in the minutes that we wi
tomorrow. We need to have the letter i
delivered will get it their quicker. I
will listen to who ever. Maybe this wil
least were we are and what we got to do.
incil by stating, to set the record
,ement I made I was present at a
'ony Arrants. I did not say that I
do appreciate that someone took the
that's the right approach and your
t of money.
ated, okay do you want to put that
You can just instruct me to do the
1 do that. Mr. Morrell is going up
ady and signed and having it hand
n't know who they will send but we
get us in a better direction or at
.AAdd_m_inistrator Dravo stated, but we're still going to proceed as usual.
Mayor Kirk responded, yes we're not going to stop
yeah, we cant' Stop)can't Watford -
longer. •••We can t cause then we might make these people wait
(end of ver
Itim)
0
r�..d by 44--,
VERBATIM ITEM E.7. 6/1 93
,Atty Cook began discussion by stating
give to the Council and I apologize I
told me last Thursday that the C
misunderstood that, I just thought we
But in any event, the memo pretty much
developments since then that I can bri
on May 17th. And the two areas that wi
and the litigation over the comprel
Administrative Hearings.
First, on the Franchise Agreement. Mr.
or recommend agreement rather, that
talked about at that joint meeting on 1
extend service with County permission
the purple line on your maps there. Th
discussions with Burton Connor he dic
problem with Beach Water either.
I next discussed that perhaps John and
franchise agreement as I put in the letl'
service area which was pretty much what
discuss wastewater issues which is par -
agreed to that. He said that he had 1
some possible adjustments to the servic
on that course because if there's anywa;
area on the Beach Water's water syste
opposed to the proposal on just the pij
And lastly we discussed in the comprehen
county in their comprehensive plan had p
the existence of the City's "201" are
service area. Mr. Cassel's said that
but as of that date he would recommend
recognition of our service area. He ind
endorse it but would recognize it's exi
Now, there are some other areas in thi
technical areas about some of the data
was erroneous because we had some erro
technical areas like that, that Mr. 1
tentatively agreed on so we did not disc
agreed upon.
I stated in the letter that I was a lit
story about the May 27th County commissi
issue the article only referred to th
nothing about the franchise and perhaps i
learned since then that Mr. Cassels t
franchise, it just wasn't reported in th
me, I feel they did talk about it and the
this case as this memo outlines.
Then, as I told Burton here a minute agc
still under that chapter 164 letter tha
Just a provision of the Florida Statut
between governmental entities prior to i
that we also have this dead line as ya
litigation itself which I understand is
Morrell — Yes, October) ... so we certa:
negotiating these issues till the end of
agreement because, Mike, at the same t
certain steps to prepare for the compre
doing. So while we are discussing the;
principals we've settled upon Mike and n
of the comprehensive plan litigation prep
out we're going to be ready. But as I tol
stays a certain limits for a period of 4
or second week of July. If we do not h:
then, then we may be forced to file some
as it concerns the franchise agreement w:
:GULAR CITIOCOUNCIL M ETING
X%
I wrote a brief memo th�o er day to
Ldn't it get to you sooner Mr. rago
incil expected a memo an st
rere going to talk about it to t.
xplains what we've done. There's some
g you up to date on. But we did meet
discussed was the franchise agreement
,nsive plan with the Department of
I
assels indicated that he would agree,
e language in the franchise that we
y 6th which authorized Beach Water to
tside the service area which would be
: language would be deleted. In prior
't seem to indicate that would be a
Lrton and I should meet to discuss the
!r, perhaps adjust the boundary of the
urton was talking about tonight. And
of the parcel of that agreement. He
�d some discussion with Burton about
area. I still would like to proceed
that we can settle the entire service
I'd like to do it at one time as
area.
ive plan litigation the fact that the
Btty much neglected to even recognize
or what we call the Chapter "180"
�e had not agreed prior to that date
that the plan be amended to reflect
sated that he didn't feel they should
tence.
Comprehensive Plan Suit, some more
hat was included in the county plan
sous figures that we supplied, some
rrell and Mr. Cassels had already
s those and I assume those are still
e concerned on the Okeechobee News
meeting because in discussing this
comprehensive plan litigation and
should have been discussed and I've
said that they did discuss the
paper. And so that's acceptable to
ounty is still on track in settling
we do have dead lines that we are
we attached to your memorandum is
s that mandates an advance notice
itiating any legal action. We felt
recall on the comprehensive plan
now set for October, Mike? ... (Atty
fly could not have the luxury of
the year and maybe come up with an
me we're negotiating has to take
�nsive plan litigation which he is
issues and believe we have some
self to some degree are continuing
gyration so that if this doesn't work
Burton, this Chapter "164" letter,
days which will run out the first
re a settlement with the County by
pleadings to perfect our remedies,
th Beach Water.
Now as I also mentioned previously tk
about settlement are still subject
problems that Mike has worked on an
.prepared that he and I are going to f.
City Engineer. And he will be ea
suggesting some changes and there may
with and there may be some things we m
language, working out the language o
involved a fair amount of work.
Now the meeting on the 17th, (end of
END OF
areas that we, John and
to some fairly substantial discussed
in fact has some proposed language
�alize tomorrow with Mr. Drago and the
mining our language and undoubtedly
� some things they feel they can't live
ght be able to negotiate yet. But the
the settlement is going to be still
ape)
IBATIM
MZa2—
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ORDIMANCE NO. 665
3•4
AN ORDINANCE OF THE CITY OF EECHOBEE, FLORIDA WHICH REPEALS COD
SECTIONS 2-15 THROUGH 2-43 OF E CODE OF ORDINANCES, AND WHICH ENACT
GAMENDED CODE SECTIONS 2-15 T OUGH 2-43; WHICH ADOPTS STATE STATUTE.
WHICH ENACTS ADMINISTRATIVE PR EDURES AND FEES; AND WHICH REVISES COD
ENFORCEMENT PROCEDURES FOF I THE CITY OF OKEECHOBEE, FLORIDA; AN
PROVIDING AN EFFECTIVE DATE
—
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OVA
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OF oKFE{,y
CIS OF OKEECHOBEE
�- _• tit
CITY COUNCIL MEETING
�► aR%0 OFFICIAL
� IAL AGENDA
Call Meeting to order on June 1, 1993, at 7.00 p.m.
B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Councilmember Danny P. Entry
Councilmember Michael G. O'Connor
Councilmember Jerry E. Walker
Councilmember I,
Staff Attendance:
City Attomey Cook
City Administrator Drago
City Clerk Thomas
Deputy Clerk Gamiotee
D. Motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting
of May 4, 1993.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA
IP2
E. EW BUSINESS
1- Motion to appoint Mr. Jerry O'Bannon to the General Employees Pension Board for a two
Year term -City Administrator (Exhibit 1)
2. Motion to approve an Interlocal Agreement between the City and County for local option
gas tax proceeds - City Administrator (Exhibit 2) P
3• A. Motion to read by title only, and set June 15, 1993 as
Ordinance 659 - City Attorney (Exhibit 3) the Public hearing date,
B Motion to approve the first reading of Ordinance 659.
Motion to approve $26,500.00 for repaving Southwest 111h Avenue from South Park Street
to Southwest 11 th Street - City Administrator (Exhibit 4)
5• Hear from Beach Water Association - Mr. Leland Pearce (Exhibit 5
6. Discuss the Comp Plan Land Use Map Revisions - Councilmember Watford
7 Update on the Comprehensive Plan litigation - City Attorney (Exhibit 6)
-3-
E. NEW BUSINESS CONTINUED
Discuss the Civil Engineering Proposals - City Administrator (Exhibit 7)
9• Hear from Knepper and Willard regarding the Wastewater Treatment Plant Expansion - Mr. Dan Willard
10• Discuss the 93-94 Budget - City Administrator (Exhibit 8)
ADJOURNMENT
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION THIS MEETING OF THE CITY COUNCIL, SUCH PERSON W1LL NEED TO INSURE THAT A I SIO MADE AT
OF THE PROCEEDING IS MADE WHICH INCLUDES THE W ILL N ED T O I EVID TIM RECORD
APPEAL IS BASED_ ENCE UPON -WHICH THE --
e�. OKEEcyo
u� .n
- = �• CITY OF OKE
o* MEMORA:
TO: John Drago
THRU:
THRU:
FROM: Bernice Elders for General Fund Pe
Please place on the June 1, 1993, City Council Ag
the 5th. member for the General Fund Pension F
0 V/
30BEE
UM
DATE: -24
�(�
SUBJECT:
5th. Member of General Pension
Board
i Board /n 'L
the approval of Jerry O'Bannon as
LJ
INTERLOCAL
THIS INTERLOCAL AGREEMENT dated
("Agreement") between Okeechobee
subdivision of the State of Florid
Okeechobee, Florida, a municipal
Florida and located in the County ('
,ounty, Florida, political
("County") and the City of
►rporation of the State of
ity")
WHEREAS, Section 336.025, Florida, Statutes, as amended and
supplemented authorizes the levy by the County of up to
six cents of taxes upon every gallon of motor fuel and
special fuel sold in the County and taxed under the
provisions of Chapter 206, Florida Statutes, as amended
and supplemented (the "Lo al Option Gas Tax");
WHEREAS, the County has levied all six cents of the Local Option
Gas tax by the enactment of two ordinances as follows:
Okeechobee County, .Florida, Ordinance No. 83-4, enacted July 28,
1983, as amending levying four cent of the Local Option Gas Tax
(the 4-cent Local Option Gas Tax).
Okeechobee County, Florida, Ordinance No. 85-8, enacted July 25,
1985, as amended, levying two cents oE Local Option Gas tax (the 2-
cent Local Option Gas Tax).
WHEREAS, Section 336.025(3)(a)(1) authorizes the establishment of
an Interlocal Agreement between the County and the City
to divide the proceeds of Local Option Gas Tax between
the County and the City; and
WHEREAS, the County and City have a eed to such distribution.
NOW, THEREFORE, the County and th City have agreed to such
distribution.
1. The proceeds of the 4-cent
as follows:
Recivient
City of Okeechobee
County of Okeechobee
2. The proceeds of the 2-cent
as follows:
Recipient
City of Okeechobee
County of Okeechobee
Option Gas Tax shall be
Share of Proceeds
22.37%
77.63$
Option Gas Tax shall be
Share of Proceeds
22.37%
77.631%
Page 2
Interlocal Agreement
3. This Agreement is effectiv
expire on September 30, 1!
herein.
4. The Agreement may be amend
instrument executed and de
the City.
5. This Agreement may be exec
parts, each of which,shall
altogether one and the sam
IN WITNESS WHEREOF, the County
Agreement to be executed.
ATTEST: a
d
G oria For Clerk
Board of County Commissioners B4
ATTEST:
Bonnie S. Thomas,CMC,City Clerk
F-1L
October 1, 1993 and shall
I unless amended as provided
at any time by written
vered by both the County and
ted in any number of counter
onstitute an original,
instrument.
nd the City have caused this
, FLORIDA
? �d//s . Ha ey, C rman
of County Commi sioners
CITY OF OKEECHOBEE, FLORIDA
E. Kirk, Mayor
i
ORDINANCE
AN ORDINANCE OF THE CITY OF OK
SECTIONS 2-15 THROUGH 2-43 OF THE
AMENDED CODE SECTIONS 2-15 THRC
WHICH ENACTS ADMINISTRATIVE PROQ
ENFORCEMENT PROCEDURES FOR 1
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances at Sectioi
tracks the Florida State Statute for Municipal Code
Statutes, which State Statute is amended from time
WHEREAS, the State Statute has been
the Code of Ordinances for the City of Oke
compliance with the State Statute; and
WHEREAS, the State Statute will likely to c
require like amendments to the City Code; it is
D. 659
)BEE, FLORIDA WHIC EAL CODE
OF ORDINANCES, AND CTS
2-43; WHICH ADOPTS STATE UT
ES;
.S AND FEES; AND WHICH REVISES CODE
'ITY OF OKEECHOBEE, FLORIDA; AND
15 through 2-43 for the City of Okeechobee
)rcement procedures, Chapter 162, Florida
7e: and
the enactment of Section 2-15 et seq. of
ng the present code is out of date and
to be amended from time to time, which would
THEREFORE by majority vote approved and enacted a repeal of the existing Sections 2-15
through 2-43, and a revision of said Sections of the Code of Ordinances for the City of Okeechobee,
Florida which will remain flexible to accommodate the various amendments to the State Statute, and
which shall read as follows:
Sec. 2-1 & Declaration of Legislative
It is the intent of this Ordinance to promote, pr ct , and improve the health, safety and welfare
of the citizens of the City of Okeechobee, Florida by horizing the creation of administrative boards
with authority to impose administrative fines and oth r noncriminal penalties to provide an equitable,
expeditious, effective, and inexpensive method of en cing any codes and ordinances in force in the
City of Okeechobee where a pending or repeated vi tion continues to exist
Sec. 2-16. Definitions.
As used in this part, the terns:
(1) "local governing body" means the City Council of the City of Okeechobee, Florida.
(2) "Code Inspector" means any authorized, igent or employee of the City of Okeechobee
who is appointed, and serves at the tem s set by, and at the pleasure of, the City Council,
and whose duty it is to assure code co pliance, cause code violation notices to be
initiated, and to present code violation before the Code Enforcement Board.
(3) "Local governing body attorney" means
(4) "Enforcement Board" means a seven-�
permanent residents within the City of O
as provided by State Law, to hear and
before it
(5) "Repeat violation" means, for purpo,
the City of Okeechobee, Florida, a vii
whom the code enforcement board ho
violated the same provision of the Ordii
of the first notice of the new violation.
Sec. 2-17. Adoption of State Statute.
It is herein adopted Chapter 162, Florida
Enforcement Boards Act", in its entirety, as preser
Legislature, as substantive authority for, and to
organization, and operations of the local Code Enfor
legal counselor for the City of Okeechobee.
board comprised of persons who are
?e who are appointed by the City Council
e code enforcement violations brought
of enfocement of codes and ordinances within
on of a City Ordinance or Code by a person
reviously found by Code Board Order to have
;e or Code within two (2) years prior to the date
lutes, Parts I & ll, "Local Government Code
written or as hereafter amended by the State
oscribe procedures for, the establishment,
lent Board for the City of Okeechobee, Florida.
•
Sec. 2-1& Administrative Procedures.
All code enforcement operations for the City
handled through the City Department of General Servl
complaints, process complaints; direct the Code Err,
complaints; schedule Code Board Meetings; provide
and record official acts and orders of the board; prf
and to generally be responsible for all operation and
The Code Board may from time to time forward on to
consideration, any matter, request, suggestion or c
special meeting that it determines should be addre,
Sec. 2-19. Administrative Staff Fees.
Any first-time violators of any City Ordinance
violators as defined herein, are required to correct t
of violation from the City of Okeechobee. If such vio
be sent, then the City shall assess and collect fror
processing the complaint, plus any additional exp,
certified mail expense, recording charge, orany such
in processing the complaint, which excludes the
employees, regardless of whether the violator shoull
or code prior to the public hearing on the violation.
For those persons who qualify as repeat viol,
processing by the City of any complaint for being in vi
assess and collect from the violator an administrative
any additional expense incurred in long distance pt
charge, or any such other reasonable administrative
which excludes the salary of the Code Enforcement i
the violator should come into compliance with the cit
on the violation.
Sec. 2-20. Effect of no Violation.
In the event any alleged violator should apF
Enforcement Officer, or before the Code Enforcemet
and law from the evidence presented by the Code Er
was no violation of any City Ordinance or Code by th
or expense as provided herein shall be assessed to
Sec. 2-21 through 2-43 Reserved.
This ordinance shall be set for final public
take effect immediately upon its adoption.
Introduced for first reading and set for final
1993.
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK
Passed and adopted on second reading and
F�'RA
ATTEST:
Okeechobee, llolWhE administratively
s, who shall provide the appropriate forms; take
;ement Officer in his/her investigation into said
ipe recorded record of such meetings; prepare
re and file any liens as directed by the board,
.ord keeping for the Code Enforcement Board.
r City Council as an agenda item, or for general
.-ern the board may vote upon at a regular or
Pd by the City Council.
Code, or those not considered to be repeat
alleged violation upon receipt of a first notice
L)n is not corrected, and a second notice must
to violator an administrative fee of $25.00 for
* incurred in long distance phone charges;
►erreasonable administrative expense incurred
ary of the Code Enforcement Officer or City
Dme into compliance with the cited ordinance
,s by this Ordinance, upon the initiation and
ton of a City Ordinance or Code, the City shall
r of $25.00 for processing the complaint, plus
e charges; certified mail expense, recording
pense incurred in processing the complaint,
cer or City employees, regardless of whether
ordinance or code prior to the public hearing
3r or contest the violation through the Code
Board, and the board finds as a matter of fact
orcement Officer, or other witnesses, that there
alleged violator, then no administrative charge
ie alleged violator.
the 15th day of June , 1993, and shall
hearing this 1st day of June ,
YOR JAMES E. KIRK
public hearing this 15th day of June ,
YOR JAMES E. KIRK
BONNIE S. THOMAS, CMC, CITY CLERK
►:IH•r• c'3 '93 14:03 ►JlE*..l4ILLAPD INC:
Knepper& Willard, inc.
��;'/'� . E�':•.Ifi)f�i''if•!11�! �7�CI:!;�rr'•;
May 28, 1993
John J. Drago
City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974
Re: Re -Paving of SW 11th Ave. between South Park
Dear Mr. Drago:
As you are aware, the referenced street experiences an
Several utilities projects have caused damage to this stre
work resulted in damage to the pavement, which was I
Following that, Sharp Construction also worked along!
with other road repairs after Sharp's work, since it was 1
be constructed in this area, and this would also necessit
a result of all three projects, this heavily traveled street
weak pavement as well.
Now that the water line project is being completed and
may want to re -surface the street, between the cross sl
improvements contract with Better Roads of Lake Plat
We estimate that the construction cost of this work
If you require additional information in this regard,
Very truly yours,
KID - & W D INC
Daniel S. Willard, P.E.
cc: Chuck Elders
721844.dsw
PW�L E o,,
and SW 11th St.
amount of traffic for a local City street.
from as long ago as the "Taddy" project. That
repaired before the contract was terminated.
11th Ave. The street was not included along
)gnized that the water line project would also
pavement cuts and subsequent patching. As
w has numerous patches, plus other areas of
further utility work is contemplated, the City
its referenced above, as part of the 1993 road
Inc.
approximately $26X0.
contact us.
3030 N. Rodq Point Drive West
Suite ;70
Tompa. Florida 33607-5905
Hillsborough (813) 281-0120
Pinellas (813) 821-3291
FAX (813) 281-11 SA-
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0-15o
SW 4TH ST (100')
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QB OKEECHOBEE BEAC
WA 88A
Okeecho
813-763-3
Serving Customers
May 25,
(Hand
Mayor James Kirk
Okeechobee City Council
Dear Mayor Kirk:
The Board of Directors of Okeechobee Beach
a presentation to the Okeechobee City Coun
earliest date we could be on the City Council
Thank you for your prompt attention to this r
Sincerely,
LELAND PEARCE
President
WATER ASSOCIATION, INC.
Highway 78 West
e, Florida 34974-9787
�3 FAX 813-467-4335
Okeechobee And Glades County
l
,r Association, Inc., would like to make
Could you please advise me as to the
May 28, 1993
MEMO to City Council
From: John R. Cook
City Attorney
re: Meeting with county attorney
As you will recall, at the j
County on May 6, we agreed that
attorney within 14 days to disco
Beachwater franchise, and the compr
The primary areas of concern we
OBWA entered into this franchi
participation by the City, and the
service area which overlaps our 2(
permitted, with County consent, an e2
granted service area, into the uninco
this, was the issue of the OBWA con
which also did not address the City,
int meeting of the City and
would meet with the County
s the issues involving the
Lensive plan litigation.
ad, were that the County and
without any notice or
�sulting agreement granted a
service area; and it also
�nsion of service outside the
lorated County. Together with
mptive use permit at SFWMD,
service area.
In meeting with John Cassels on May 17, 1
concerns, and he stated the County would agree to;presented these
I. Remove the language from the franchise that would permit
OBWA to extend service, be it wat r or wastewater, beyond the
described service area;
2. Meet with Burton Conner
amendment of their consumptive use pe
agreement with the City concerning th
discuss possible adjustment of the b
and wastewater issues. (You may be a
letter this week indicating the use
finalized until an agreement with the
In the comprehensive plan suit w
of the issues in that controversy were
Mr. Cassels and Mr. Morrell, except
service area. Without a settlement of
Position that all issues remained op4
hearing officer, and still maintain t
:or OBWA to discuss their
nit with SFWMD to reflect an
it service area; and also to
andary of the service area;
ire that SFWMD has issued a
�rmit for OBWA would not be
City was reached)
have pending with DCA, most
ettled in principle between
e issue of our claimed 201
at issue, we have taken the
for litigation before the
t position.
n
LJ
•
Apparently however, although
agreed, Mr. Cassels stated to me
amend their comprehensive plan to
service area as it exists within th
County as well.
Each of these areas of agr
drafting of language acceptable to
working on the franchise agreement
the comp. plan language. If you ri
about the May 27 County Commission
reference by Mr. Cassels in that
noted herein seem to be conspicuou
having talked to him, I will assume
oral agreements.
There are however, additional
negotiation of these issues. You wil
was operating under certain time co
the franchise agreement. In address
County what we call a chapter 164
necessary legal notice that we must
place the County on notice of our ii
response, the County must schedule a
letter to discuss our claims. The le
stay, or postpone, for a period of
limit we may face in the filing of a
We are carefully monitoring the:
legal rights and remedies, and wi
appropriate pleading necessary to
Prepared, it would be done in a manne
that while we felt it necessary to pr
our rights and remedies, they sh
threatening way, as we fully intend t
along the lines outlined above.
Finally, to set out a time frame
to occur, we expect to reach agreeme
After that, the time starts running
may have to proceed in court. Any set -
hearing on the issues, with ten day
meeting.
Kindest Regards,
�L
Jo n Co
JRC/ 1 f y
the county had never before
May 17 that the county would
flect a recognition of our 201
City and in the unincorporated
�ment remain subject to the
oth sides, and Mr. Cassels is
and Mr. Morrell is working on
d the Okeechobee News, report
eeting, you will see that any
ticle to the agreements I've
y absent. At this point, not
iey are not backing off on our
utters that fit in with the
recall that I stated the City
;train's in our objections to
Lg these, we forwarded to the
!tter (attached), which is a
end. The purpose of it is to
ent to seek legal action. In
neeting within 30 days of the
it effect of the letter is to
45 days, any statutory time
suit.
time elements to protect our
not hesitate to file any
o so. If such a •suit were
to clearly notify the County
)are the paperwork to protect
ald not consider it in a
proceed with the settlement
.n which all this is supposed
by the first week of July.
ain on our remedies, and we
ement is subject to a public
dvance public notice of the
City of Okeecho'
66 S.E. Third Avenues Ok"ebobee,
Hand W Ivered
Honorable Charles W. Harvey
Chairman, Okeechobee County Board o
304 N.W 2nd Street, Room 106
Okeechobee, Florida 34972
Re:
164
Notification pursuant
Dear Chairman Harvey:
In accordance with the directio
City of Okeechobee, this letter shal
required by Chapter 164, Florida S1
City to file appropriate litigatio
Including Okeechobee County, concerni
County of Ordinance No. 93-5 on Apt
granted a franchise to the Okeechobee
for the purposes of operating a wate
supplying water, sewer service or
corporations "within and beyond" t,
defined and described in the ordinan
It` is the City's position
requirements set forth in Chapter 16
met by the joint meeting held betwe4
of County Commissioners and the C
Okeechobee on May 6, 1993.
Despite the requirement of prov
45 days In advance of the filing of
Okeechobee does not hereby waive its
or administrative remedies authorize
those remedies authorized pursuant to
of Okeechobee County's .Land Develops
find that an Immediate danger to the
the public would require Immediate ac
be required before such a suit is fI
scrPty. �
34974-2932 a 813/763-3372
May 19, 1993
County Commissioners
0
rn
tt.) ;
S
rn
C7
-t
C
CD
rn -
�O
rn
..�
- .-
rV
--mot
Ln
r
o Florida Statutes, Chapter
from the City Council of the
constitute the format notice
tutes, of the Intent of the
against potential parties,
g the enactment by Okeechobee
1 29, 1993. This ordinance
leach Water Association, Inc.
and sewer system and
,euse water to -persons and
r limits of a service area
..
hat the mandatory meeting
at 1164.103(2) have not been
the Okeechobee County Board
y Council for the City of
ping this notice no less than
any litigation, the City of
ght to exercise any judicial
Pursuant to law, - Including
,rticle XII, Section 13.07.00
nt Code, or to subsequently
iealth, safety or welfare of
,on such that no notice would
A.
• p 02
Honorable Charles W. Harvey
May 19, 1993
Page Two
PLEASE GOVERN YOURSELF ACCORDINCLY.
Sincerely yours,
John R. Cook
City Attorney
CC. Honorable Chairmen and Members ol the City Council of the City
of Okeechobee
John D. Cassels, Jr., Esquire
County Attorney, Okeechob County
THRU:
THRU:
FROM:
II
I
CITY OF OKE CHOBEE
MEMORA
Mayor and Council
John J. Drago, City Administrator
Chuck Elders, Director Public
I have reviewed all the proposals
Drainage and present the following for your c
DUM
DATE: May 28, 1993 ,
SUBJECT. Civil Engineering
Proposals
s �✓��
Consulting Engineering for Roads and
1. Lawson, Noble & Associate Inc.:
These engineers have a gr t deal of experience in roadways and
drainage designs which includes approximately 24 miles of major
highways and over 50 intenection improvements and 75 residential
street improvement project,-.
Their fee per hour in different fields is less then most other
engineering services.
Lawson, Noble & Associates s a small company with 27 employees
located in West Palm Beac d I feel with a smaller company the
City of Okeechobee's busin s will be more important to them and
the results will be better sei ce.
2. Knepper & Willard, Inc.
3. Mock, Roos, Inc.
The remaining Civil Engineering
Aim Engineering & Surveying
Barker, Osha & Anderson, Inc.
Chastain, Skillman
Gee & Jenson
Hartman & Associates
Hoover, Thompson & Associates
are listed below.
Keith & Schnars
Kimball, Lloyd, Inc.
McGowan & Company
Metric Engineering, Inc.
Post Buckley, Schuh &
Jemigan
Stanley Consultants
II
E
0 L
CITY OF O CHOBEE
MEMORAINDUM
TO: Mayor and Council
THRU:
THRU:
FROM: John J. Drago, City Administrator
The 93-94 Budget is just around
the Council on how to proceed with pay raise;
DATE:
E-g
May 25, 1993
SUBJECT: 93-94 Budget
comer and I will need direction from
General Fund Employees.
If the Council wishes to hold the fir e on property taxes, then you can obtain
a balanced budget with no pay raises, no purch4 sing of capital equipment and no laying
off of personnel. Basically, status quo. If the Council wishes to grant pay raises, then
the Council must just decide on where to obtain f a additional revenue. The options are:
1. Raise property taxes
2. Implement a utility tax on water
3. Raise occupational license fees
4. Transfer additional funds from Public Utilities
5. Any combination of the abo
If the Council decided to raise
below is the millage rate and the con'espor
TAX RATE
$4.15
$4.50
$4.75
$5.00
$5.25
$5.50
$5.75
$6.00
taxes to fund pay increases, the list
,nue based on the 1992 tax roll.
REVENUE
$545, 272
$591,259
$624,107
$656,954
$689, 802
$722, 650
$755,498
$788,345
A tax rate of $5.00 would genes
be sufficient to give pay raises based on, and
of positions, and the date on which they re
follows;
OCT. 1. 1990
Executive Secretary
Administrative Secretaries
Custodian
Police Captain
Police Sergeants
Police Officers
Police Records Clerk
Police Dispatchers
Firefighter/EMTs
Maintenance Operators
Equipment Mechanic
Account Clerks
Water Plant Operators
Meter Readers
Utility Service Mechanics
Water Plant Supervisor
Wastewater Plant Operatc
Wastewater Plant SUDervi!
PUBUC UT►UT►ES
If the Council decides to hold tho
l would strongly recommend that Plant Operate
adjustments. The City could be reaching the
licensed operators to meet DER rules. Also, the
DER as far as improving our image. The City ne
that we are improving the utility system.
In the Public Utilities Budget, I'm S
position and one clerical support person. We
Utilities must begin to look at the big picture o
functions with our Comp Plan. The Planner's p,
review for development projects in the City with c
Building Department
P/I -
40re k�alw
an additional $111, 682.00 which would
untaining the, current pay plan. The list
ived their last pay adjustment, are as
OCT. 1. 1991
Administrator
Finance Director
City Clerk
Program Coordinator
Police Chief
Fire Chief
Public Works Director
Utility Service Supervisor
ie on taxes and maintain status quo,
and Utilities Mechanics receive pay
ht where we may not have enough
y is beginning to turn the corner with
s to continue to demonstrate to DER
to recommend adding a Planner's
reached a point now that Public
system, and coordinate planning
in would also coordinate site plan
City departments and the County's
Two other items that l have re(
recommend again for the 93-94 Budget are:
1. Refinance the $1.3 millio,
do the transportation reli
master plan.
2. Conduct a Utility Audit for
if the City is receiving its
4( 41!mended in the 92-93 Budget that l will
n with C & S Bank to acquire funds to
work for the downtown improvement
ctric, telephone and cable to ascertain
share from the sale of those utilities.
AMA OE
3Tem
�9
cl-
Zlii+cr FL 0W DATA FOR WWTP
1.400 ---
1.300 ---
1.2M —
1.100 - -
1.000 —
F
I 0.900 —
0
w 0.8w —
LLI
ok H 91
M
/O
o.6oa -
D
0.600
r o
W
i
o
0.400
o
it
OJ?00 --
0.100
o21
O
W
Ui o
0.000 -
- `T fTf fTfTl
111 -�
� -_J+ T -H
Jan Jan Jan Jan
19e8 1W9 1990 1091
Jan Jan Jan Jan Jan Jan Jan
1992 1993 1994 1995 1996 1997 1998
Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
R
Jan Jan
2012 2013
- , Monthly Avg. — 3 Month A — Running Annual A "-a Exist. De *4 0.9 MOD Design Cepeclty +4 1.3 MOD Design Capacity
�• n9 Avg. sign Capacity
0
0
,HEADWORKS;
L-------'
DIG.
EXISTING'
PLANT AER.
CLARIFIER
CCC FILTER
ICCC FILTER
CCC
CCC
I(A). 0.6 MGD to 0.9 MGD,
contact stabilization,
package plant
$2.3 Million
I(8). 0.6 MGD to 1.3 MGD,
contact stabilization,
package plant
$3.0 Million
HW
E❑
AR
DK
r
S
EXISTING
PLANT
L-_-____J
AER. AER.
r- -t r----i
;CCC, -FILTER-
CCC
L
FILTER
CLA. CLA.
II. 0.6 MGD to 0.9 MGD,
extended aeration
$2.9 - 3.4 Million
;HW'
E0; HW
AR, EO
DK AR
r SDK
r S
EXISTING PLANT EXISTING ' ^„ ^�
PLANT
L------- J AER.IAER.� AER.
L__j AER. AER.
r--i
;CCC, 'FILTER-
I--i -- ;CCC; FILTER-
r----i �__-_j
(�)
CLA
;CCC; FILTER CLA.' CLA.' CLA
� F
CCC FILTER
CCC
Ili• 0.9 MGD to 1.3 MGD, IV. 0.6 MGD to 1.3 MGD,
extended aeration extended aeration
(in addition to Item •
No. II)
$0.9 - 1.1 Million $3.2 - 3.8 Minion
•
I(A). Modify existing plant from 0.6 MGD AADF
process and package plant concept, while
Headworks
Flow Equalization (80,000 gallons)
Contact Stabilization
Contact (154,000 gallons)
Reaeration (380,000 gallons)
o Clarifier (1 unit)
o Filtration (2 units)
o Chlorine System (w/chemical storage and f
o Digester (1 unit)
Residuals Processing (2 screw press units)
Miscellaneous
Operations Building (1670 sf Q $6C
Existing Plant Repairs/Modifications
Existing Building Modifications
Sludge Pump Station
Mobilization, electrical, controls and
yard piping, site work exclui
improvements (30%)
APPROXIMATE TOTAL
•
0.9 MGD AADF, usingcontactItall.44t
n
sting Class I Reliability require
$300,000
$ 80,000
disposal
$ 97,000
$162,000
$131,000
$250,000
$145,000
$150,000
$190,000
$100,000
$ 50,000
$ 25,000
$ 80,000
$528,000
$2,288,000
This approximate total excludes effluent pump s ti n, effluent disposal, contingency, construction
administration, legal and administrative costs. effluent pump station is not provided in this
analysis in an attempt to show a comparison wit ion's proposal; however, this pump station is
necessary to provide for off -site disposal.
This indicates the cost of duplicating the plant
clean individual units and other increased effic
o Bion Technologies added to their estimate
", without providing the ability to drain and
items provided in the Phase II report.
the May 12, 1993 letter.
LI
•
I(B). Modify existing plant from 0.6 MGD AADF
Process and package plant concept, while
Headworks
Flow Equalization (180,000 gallons)
Contact Stabilization
Contact (250,000 gallons)
Reaeration (600,000 gallons)
Clarifier (2 units)
Filtration (2 units)
Chlorine System (4 units)
Digester (2 units)
Residuals Processing (2 screw press units)
Miscellaneous
Operations Building (1670' sf @ $6(
Existing Plant Repairs/Modifications
Existing Building Modifications
Plant Site Lift Station
Sludge Pump Station
Mobilization, electrical, controls and
yard piping, site work excluc
improvements (30%)
APPROXIMATE TOTAL
This approximate total excludes effluent pump st
administration, legal and administrative costs.
drains and a plant site lift station for increased
A
1.3 MGD AADF, using contact eta II n
sting Class I Reliability requirements.
$300,000
$113,000
$131,000
$267,000
$262,000
$250,000
$170,000
$210,000
$190,000
$100,000
$100,000
$ 25,000
$100,000
lion, $100,000
disposal �
$695,400
$3,013,400
effluent disposal, contingency, construction
approximate total includes the provision of
3tions efficiency.
n
if. Expand plant from /
P 0.6 MCD to 0.9 MGD using an extended aeration process similar to processes recommended In the Phase If R rt.4i��
Headworks
Flow Equalization (convert existing plant ai
Extended Aeration (2 units)
Clarifier (2 units)
Filtration (2 units)
Chlorine System (2 units)
Digester (convert existing plant tankage)
Residuals Processing (2 screw press units)
Miscellaneous
Operations Building (1670 sf @ $6(
Existing Plant Modifications (see ab
Existing Building Modifications
Plant Site Lift Station
Sludge Pump Station
Mobilization, electrical, controls and
yard piping, site work exclul
improvements (30%)
APPROXIMATE TOTAL
This approximate total excludes effluent pump s
administration, legal and administrative costs.
$300,000
basins) _
$W0,000-950,000
$360,000
$250,000
$150,000
$190,000
disposal
$100,000
$100,000
$ 25,000
$ 80,000
$ 80,000
$58.5,500-775,500
$2,970,500-3,360, 500
effluent disposal, contingency, construction
•
Expand plant from 0.9 MGD to 1.3 MGD us
processes recommended In the Phase 11 Ri
provided in Item No. II and would be over i
Headworks (Provided in Item No. 11)
Flow Equalization (Provided in Item No. II)
Extended Aeration (1 unit)
Clarifier (1 unit)
Filtration (Provided in Item No. 11)
Chlorine Tanks (2 units)
Digester (Provided in Item No. II)
Residuals Processing (Provided in Item No. II)
Miscellaneous
Operations Building (Provided in Item
Existing Plant Modifications (Provided
Existing Building Modifications (Provide
Plant Site Lift Station
Sludge Pump Station
Mobilization, electrical, controls and in,
yard.piping, site work exclLdinl
improvements (30°�)
APPROXIMATE TOTAL
This approximate total excludes effluent pump
administration, legal and administrative costs.
is P /
an extended aeration process similar to t
rt. This would be the expansion of the plant
above the cost of expanding to 0.9 MGD.
II)
am No. 11)
I Item No. 11)
disposal
$ 50,000
$ 25,000
$ 25,000
$196,500-247mo
$851,500-1,073,800
effluent disposal, contingency, construction
•
•
IV.
Expand plant from o.6 MGD to 1.3 MGD
recommended In the Phase II Report.
Headworks
Flow Equalization (convert existing plant aerati
Extended Aeration (2 units)
Clarifier (2 units)
Filtration (2 units)
Chlorine System (w/chemical feed equipment a r
Digester (convert existing plant tankage)
Residuals Processing (2 screw press units)
Miscellaneous
Operations Building (1670 sf @ $60/sf)
Existing Plant Repairs/Modifications
Existing Building Modifications
Plant Site Lift Station
Sludge Pump Station
Mobilization, electrical, controls and instn
yard piping, site work excluding i
improvements (30%)
APPROXIMATE TOTAL
This approximate total excludes effluent pui
administration, legal and administrative costs.
P
extended aeration ,
arto
Proc
ess ss s
basins)
storage)
disposal
$750,000-1,100,000
$400,000
$250,000-300,000
$180,000
$190,000
$748,500-868,500
$3,243,500-3,763,500
effluent disposal, contingency, construction
1T
��N 11 11igi� `'•` r
Board of County Commissioners±e '; ~ otn Atto
Okeechobee Count o . ' ty
Y Cassels Cc McCall
Post Office Box 968
209 N W 4th Avenue
OKEECHOBEE, FLORIDA 34972
(813)467-6900 • Fax 1763-1031
May 2 1993
Mayor Jim Kirk
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34972-2932
RE: Public Meeting; City/Count 'tigation
Dear Mayor Kirk:
Pursuant to Section 164.103, Florida Statu es, please be advised that the Board of
County Commissioners of Okeechobee Cou y will hold a public meeting on June 17,
1993 at 7:30 O'Clock P.M., to be held in th Board of County Commissioners Meeting
Room, to discuss the proposed litigati n in an effort to amicably settle the
controversy.
Naturally, your Council and Staff are
meeting.
With kindest regards, I am
Sincerely,
- John D. Cassels, Jr.
JDC/jls
CC: John Drago, City Administi
John Cook, City Attorney
Christopher Chinault, Cou1
Charles Harvey, Chairman;
to attend and participate in this
of County Commissioners
Susan B. Hughes Tommqq Close Clif Betts, Jr. Ste en Porter Charles W. Harvey
District 1 7OW-4470 District 2 District 3 Dist ITt 4 District S
I
County Administrator