1990-07-03 Regular Meetingo� 0KFEcy
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City of Okeechobee
CITY COUNCIL MEETING
July 3, 1990 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
COUNCILMFMBERSIACTION
VOTE
YES
I NO
AAU
A. Call meeting to order.
Mayor Chapman called the meeting to order at 7:00 P.M.
B. Invocation offered by Pastor Dale Wolfe;
Invocation by Pastor Dale Wolfe;
Mayor Chapman led the Pledge of Allegiance.
Pledge of Allegiance led by Mayor Chapman.
C. Mayor and Council attendance:
X
O
j Mayor Oakland R. Chapman
Present
X
J Councilman R.R. "Nick" Collins
Present
X
Councilman James "Jim" Kirk
Present
X
Councilman Oscar Thomas
Absent
X
Councilman Dowling R. Watford, Junior
Present
Staff attendance:
City Attorney John R. Cook
Present
X
X
City Administrator John J. Drago
Present
X
City Clerk Bonnie S. Thomas
Present
X
City Deputy Clerk S. Lane Earnest
Present
D. Motion to dispense with reading and approve the
Councilman Kirk made a motion to dispense with reading and
Council Action for the regular meeting
Summary of Council Action for the regular meeting
approve the Summary of
of June 19, 1990; seconded by Councilman Collins.
of June 19, 1990.
Chapman
R
X
Collins
X
Kirk
X
Thomas
"
X
Watford
Motion Carried.
Juty 3, 7990 Page 2 o� 72
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REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF
ITE14S ON TODAY' S AGENDA.
E. OPEN PUBLIC HEARING FOR REZONING
1. Consider Petition #311-R to rezoning property
located Block 6, Lots 6 - 7, Royal Oaks Addition
from RSF to CII - City/County Planning Commission
recommended approval (Exhibit 1).
CLOSE PUBLIC HEARING
COUNCILMEMBBRS/ACTION
inistrator Drago requested item number 1a under new business
added to appoint new radio dispatchers to the police depart-
t.
kttorney Cassels represented Reba Newhouse (petitioner) who is
Seeking the rezoning. Attorney Cassels presented the Council
vith photographs of all the surrounding area which is zoned
:ommercial.
. Lyda Heath protested against the rezoning but explained she
uld retract the protest if a privacy fence could be put up at
expense to her. Ms. Heath had previously sent the Council
letter explaining her protest and she also presented the
until with photographs of the area surrounding her house.
Attorney Cassels agreed a privacy fence will be installed and
stated Ms. Newhouse had no objection to building the fence at
no expense to Ms. Heath.
ICouncilman Watford made a motion to uphold the recommendation of
the City/County Planning Commission for approval of Rezoning
Petition ##331-R from RSF to CII; seconded by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOTE
X
Juty 3, 1990
Page 3 o� 12
COUNC HMBMBFRS/ACTION
VOTE
yES
NO
AB_q
F. NEW BUSINESS
1. Motion to appoint Mr. Howard Pickering, Jr. and
ouncilman Kirk made a motion to appoint Mr. Howard Pickering, Jr.
and Mr. James Mullis, Jr. as new maintenance
nd Mr. James Mullis, Jr. as new maintenance operators assigned
operators assigned to the Public Utilities Depart-
o the Public Utilities Department; seconded by Councilman
ment - Director of Public Utilities.
ollins.
irector Fortner introduced Mr. Mullis to the Council. `
Chapman
Collins
Kirk
Thomas
X
Watford
Motion Carried.
v
Ma. Motion to appoint Ms. Katherine Kidder and Ms.
Councilman Collins made a motion to appoint Ms. Katherine Kidder
Nancy Newkirk as new radio dispatchers assigned
and Ms. Nancy Newkirk as new radio dispatchers assigned to the
to the Police Department - Chief of Police (Ex-
Police Department; seconded by Councilman Watford.
hibit 11).
Captain Farrenkoph explained Ms. Kidder and Ms. Newkirk were not
able to attend the meeting because they are finishing work at
their previous place of employment.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
Motion Carried.
Motion to award a pipe and fitting contract to
Councilman Collins made a motion to award a pipe and fitting
Davis Meter & Supply in the amount of $15,586.89
contract to Davis Meter & Supply in the amount of $15,586.89;
Director of Public Utilities (Exhibit 2).
seconded by Councilman Kirk.
Chapman
Collins
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Jut y 3, 1990
Page 4 oA 12
NEW BUSINESS CONTINUED•
3. Motion to approve advertising a 15% increase in
the rollback property tax rate - City Administrator
-"4. Motion to approve a contract between the City and
p the University of Florida for a study on the effect
of treated municipal effluent irrigation water on
citrus in the amount of $25,000.00 - City Adminis-
trator (Exhibit 3).
5. Motion to approve a utility agreement between
City and the School Board for water service -
Director of Public Utilities (Exhibit 4).
COUNCILMEMBERS/ACTION
Councilman Collins made a motion to approve advertising a 15%
increase in the rollback property tax rate; seconded by Council-
man Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Councilman Collins made a motion to approve a contract between
the City and the University of Florida for a study on the effect
of treated municipal effluent irrigation water on citrus in the
amount of $25,000.00; seconded by Councilman Watford.
Councilman Collins asked if this was the study that is set with
the Reclaimed Water Project where the City pays half and Sonny
Williamson pays the other half. (citrus groves of Frank "Sonny"
Williamson, Jr.) Administrator Drago stated yes.
Councilman Watford asked what the progress of the Reclaimed
Water Project was. Director Fortner stated the majority of the
pipe is down and everything is on schedule.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Councilman Collins made a motion to approve a utility agreement
between the City and the School Board for water service; seconded
by Councilman Kirk.
VOTE
YES I NO
X
X
X
X
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X
X
94
X
IX
i
Jutu 3, 1990
Page 5 o� 12
COUNMMBMBBRS/ACTION
VOTE
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NO
,BENT
NEW BUSINESS CONTINUED•
t
5. Continued
(This agreement is for the new Seminole School on Hwy 98. for
10,000 gpd capacity allocation)
Chapman -
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
6. Motion to approve a utility agreement between the
Councilman Collins made a motion to approve the utility agreement
City and G & M Land Development Inc., for water
between the City and G & M Land Development Inc., for water
service - Director of Public Utilities (Exhibit 5).
service; seconded by Councilman Watford.
C
(This agreement is for Gary Davis DBA G & M Land Development
Inc., 7,000 gpd capacity allocation.)
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
7. Motion to approve a utility agreement between the
Councilman Watford made a motion to approve the utility agreement
City and the County for water service - Director
between the City and the County for water service; seconded by
of Public Utilities (Exhibit 6).
Councilman Collins.
(This agreement is for the new County Recreation Park, 5,000 gpd
capacity allocation at Hwy. 441 North.)
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Juta 3, 1990
Page 6 oA 12
COUNCILMFMBFRS/ACTION
VOTE
YES
NO
A&ENi
F. NEW BUSINESS CONTINUED:
8. Review the Traffic, Housing and Recreation Elements
There was no action taken on this matter. Councilman Watford
of the Comprehensive Plan - Mr. Bill Royce (Exhibit
pointed out certain areas where there were mistakes in the
7).
content for the Central Florida Regional Planning Council to
correct before presenting the finalized drafts to be passed.
Councilman Collins suggested before the drafts are passed that
there be a workshop to review all the elements between the City
Council and Citizens' Advisory Committee. Council agreed.
9. Discuss the right-of-way problem at S.W. 5th Avenue
Attorney Cassels representing John Abney and Monica Clark
W and S.W. 20th Street - City Attorney (Exhibit 8).
(property owners) reinstated their proposal from the June 19,
1990 meeting, relative to the closing of S.W. 20th Street and
the narrowing of S.W. 5th Avenue right-of-way.
Councilman Watford objected to S.W. 20th Street being closed
because in the future the street may need to be open, Council
continued the discussion and decided to have the first reading
of the ordinances:
9a. Motion to read Ordinance #628 by title only and
Councilman Collins made a motion to read Ordinance #628 by title
set August 7, 1990 as a public hearing date.
only and set August 7, 1990 as a public hearing date; seconded
by Councilman Watford.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Attorney Cook read proposed Ordinance #628 by title only:
Juty 3, 7990 Page 7 ab 12
'- NEW BUSINESS CONTINUED:
;. Continued .
9b. Motion to approve the first reading of Ordinance
#628.
Motion to read Ordinance #629 by title only and
set August 7, 1990 as a public hearing date.
COUNCILMEMBERS/ACTION
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TO VACATE, CLOSE
AND OTHERWISE ABANDON SOUTHWEST 20TH STREET LYING BETWEEN THE WEST
LINE OF SOUTHWEST 4TH AVENUE AND THE EAST LINE OF SOUTHWEST 5TH
AVENUE RESERVING UNTO THE CITY OF OKEECHOBEE A PERPETUAL NON-
EXCLUSIVE EASEMENT FOR UTILITIES ON THE ABOVE DESCRIBED STREET."
Councilman Collins made a motion to approve the first reading of
Ordinance #628; seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Councilman Kirk made a motion to read by title only Ordinance
#629 and set August 7, 1990 as a public hearing date; seconded
by Councilman Collins.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read proposed Ordinance #629 by title only:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TO VACATE,
CLOSE AND OTHERWISE ABANDON THIRTY (30) FEET OF DEDICATED
RIGHT OF WAY ON SOUTHWEST 5TH AVENUE, BETWEEN THE NORTH LINE
OF SOUTHWEST 18TH STREET AND THE EAST LINE OF SOUTHWEST 5TH
DRIVE AND REDEFINING THE REMAINING RIGHT OF WAY TO CONSIST OF
THIRTY FIVE (35) FEET ON EACH SIDE OF THE SURVEYED CENTER LINE
OF SAID SOUTHWEST 5TH AVENUE RESERVING UNTO THE CITY OF OKEECHO-
BEE A PERPETUAL NON-EXCLUSIVE EASEMENT FOR UTILITIES ON THE
ABOVE DESCRIBED THIRTY (30) FEET. IT IS THE INTENT OF THIS OR-
DINANCE TO RESERVE A 15' UTILITY EASEMENT ALONG EACH SIDE OF THE
REMAINING SEVENTY (70) FOOT RIGHT OF WAY."
VOTE
X
X
X
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X
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X
X
X
X
X
Jutu 3. 1990
Paae 8 o
VOTE
F. NEW BUSINESS CONTINUED:
9d. Motion to approve the first reading of Ordinance
#629.
10. Discuss burning some condemned houses in the area
of N.W. 9th Avenue and N.W. 9th Street - Fire Chiei
(Exhibit 9).
OC
O
RECESS:
11. Update on the groundwater project - Mr. Bill
Reese (Exhibit 10).
COUNCILMEMBERS/ACTION
Councilman Collins made a motion to approve the first of Ordin-
ance; seconded by Councilman Kirk.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Chief Tomey appeared before the Council explaining to them Mr.
Delagall had come to him months prior asking if something could
be done with the houses on N.W. 9th Avenue and 9th Street. The
Health Department has condemned them and Detective O'Neill has
stated there was a problem with people using the houses as "crack
houses".
Council gave Chief Tomey permission to burn the houses.
Recess: 8:25 P.M. -- Reconvened: 8:30 P.M.
Exhibit 10 consisted of a letter from Reese, Macon & Associates,
Inc., to Director Fortner explaining the results of the test well;
Third paragraph: "The drilling operation on the Floridan
well located on the City property has been completed. The well
was cased to approximately 630 feet and open hole drilled to 840
feet. The estimated yield is currently 300-400 gpm which could
probably be improved by an additional 100-150 feet of drilling.
A more complete laboratory analysis is currently being prepared
but, initial results show the chloride content to be unacceptably
high (approx. 500-550 mg/1). On the basis of this data, we have
discontinued drilling and will not be performing the pumping test
to more accurately define the quantity. It is not believed that
additional drilling will measurably improve the quality. The wel
will be capped at the present time. All of the above, of course,
represents a disappointment to all concerned. However, several
valuable items were determined from the operation which will help
to identify the most rational approach to proceed."
X
X
X
M
Tutu 3. 1990
Page 9 oA 12
COUNCILMBMBFRS/ACTION
VOTE
YES
NO
AB_TNT
F. NEW BUSINESS CONTINUED:
Continued
Mr. Reese also informed the Council surficial water on the City
property, at least in that one location at that depth was good.
He suggested digging three or four surficial water wells to
expand the City's water supply.
After lengthy discussion on the subject among Council, Mr. Reese,
Councilman Collins suggested the Council hear the opinions of
Mr. Ray Domer and Mr. Frank Decarlo, both well drillers.
Mr. Decarlo of American Water Systems explained to the Council
in his experience as a well driller the Floridan aquifer is not
getting better and in his point of view wells are not the most
economic way to go and the City should get new figures for ex-
panding the water plant in his opinion.
Mr. Domer of Domers Machine Shop, (who drilled the test well)
stated the City should continue with Mr. Reeses' suggestions be-
cause there is good water out there to be found and it would be
more economical to go with the wells.
Mr. Decarlo and Mr. Danny Enfinger of Superior Water Works ex-
plained to the Council their concerns for the way the project
was handled by their companies not getting an opportunity to
bid on the work. Citizen Mark Matson stated to the Council "you
have guidelines to follow for these types of projects, you should
follow them." Councilman Collins explained since the project was
bid to Reese, Macon and Associates, the engineer was not legally
required to bid out the well drilling project, because Domer's
Machine Shop, Inc. is considered a subcontractor.
Discussion ended with Councilman Watford making the motion to
authorize Mr. Reese to negotiate with well drillers to do the
shallow wells but no work will proceed until the Council receives
the report from South Florida Water Management District and the
r
Council has discussed its results, also that we allow the engine-
er to have an alternate proposal for the Floridan well if the
South Florida Water Management District report is not satisfact-
ory; seconded by Councilman Kirk.
Jutu 3. 7990
10 oA 12
F. NEW BUSINESS CONTINUED:
11. Continued . . :
C-:
G.
2.
U.Update of DER Consent Order:
COUNCIL REPORTS AND/OR REQUESTS:
Councilman Collins:
Attorney Cook:
COUNCILMEMBBRS/ACTION
Councilman Kirk asked if the project for the shallow wells could
be bid out if this motion was made because he felt this should
be bid out. Attorney Cook stated yes.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mr. Reese also stated he had a preliminary meeting with DER and
the initial feeling is that it was a positive meeting. Mr Reese
stated "we have a tentative meeting set for July 17th, Director
Fortner and Administrator Drago are to attend, what we are going
to try to convince them of is there are a few things that can be
done to recognize some of their concerns.
Some of the items I did not see why they were on the consent
order and they basically said they weren't too sure themselves.
We feel we can get some of that out of there and we hope to
table the consent order as long as we show we are moving
forward toward solving the problems. After July 17th we will
have a full report".
SWAB Status: Councilman Collins updated the Council on the last
Solid Waste Advisory Board meeting explaining they heard from Mr.
Anderson concerning his recommendations of the leachate problem
at the landfill and from Mr. Joe Vonasek of Tallahassee. The
next meeting is scheduled for July 11, 1990.
Canal Problems - Okeechobee Estates: Attorney Cook informed the
Council he had written the letter to South Florida Water Manage-
ment District concerning the canals in Okeechobee Estates but had
not received an answer.
X
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r2
VOTE
X
TIIYI/ 3 _ 199(l
Page II oA 72
G.
COUNCILMEMBERS/ACTION
VOTE
VES
NO
AggNF
COUNCIL REPORTS AND/OR REQUESTS CONTINUED:
Councilman Watford:
a) Sewer Remedial Work Status: Councilman Watford asked the
status of the sewer remedial work by Knepper & Willard. Adminis-
trator Drago explained Mr. Willard was on schedule and in forty-
five days he should be ready to bid the project out.
b) Parking at Daniel Building: Councilman Watford made a motio
that the Department of Transportation be contacted to change the
parking at the Daniels Building, the entire Block (Block 206, Cit
of Okeechobee) that it be made no truck parking; seconded by
Councilman Collins.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
c) Support Re -regulations for Cable TV: Councilman Watford madE
a
motion to instruct Administrator Drago to write a letter to the
U.S. Senate supporting the re -regulations for cable; seconded by
Councilman Collins.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
d) Employee contract - Administrator: Councilman Watford made
a motion that the City Administrator's position be placed on a
yearly contract with yearly reviews by the Council. Motion died
for lack of second. 6
3. 1990
e 12 oA 12
G. COUNCIL REPORTS AND/OR REQUESTS CONTINUED:
4. Administrator Drago:
0117#01111140Z,
Mayor Chapman:
Ci
r-f
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE
TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY
COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
A COPY OF THE RECORDING CAN BE OBTAINED IN THE CITY
CLERK'S OFFICE.
Oakland R. Chapma , Mayor
Attest:
Bonnie S. Thomas4 City Clerk, CMC
COUNCILMEMBERS/ACTION
Administrator Drago informed the Council that Southern Inter-
national Electric, a company that supplies Florida Power and
Light with electricity has expressed an interest in leasing the
City's 151 acres for a power plant. The company desires a three
year option on the uninhabited property.
Council instructed Administrator Drago to ask the company if they
could come up with an agreement providing the City with an ease-
ment to the wells should the proposed surficial wells be feasible
for use as the City's water supply.
Mayor Chapman adjourned the meeting at 11:17 P.M.
VES
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