1991-07-02 Regular Meeting',ODE oKEEC.S
tOR10',/�
A. Cal_ meeti:.g to order.
C I T Y O F O K E E C H O B E E
C I T Y C O U N C I L M E E T I N G
July 2, 1991 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
B. Invocation offered by Pastor Dale Wolfe;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council attendance:
Mayor James "Jim" Kirk
Councilmember R.R. "Nick" Collins
Councilmember Danny Entry
Councilmember Jerry E. Walker
Councilman Dowling R. Watford, Jr.
Staff attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
City Deputy Clerk S. Lane Earnest
D. Motion to dispense with reading and
approve the Summary of Council Action
for the regular meeting for June 18,
1991 and the workshop of June 18, 1991.
COUNCILMEMBERS/ACTION
Mayor Kirk called the meeting to order at 7:00 P.M.
Invocation offered by Pastor Dale Wolfe;
Mayor Kirk led the Pledge of Allegiance.
Present
Present
Present
Present
Present
Present
Present
Present
Present
Councilmember Collins made a motion to dispense with reading and
approve the Summary of Council action for the regular meeting and
workshop of June 18, 1991; seconded by Councilmember Entry.
Councilmember Watford requested that the minutes of the regular
meeting of June 18, 1991, on the Warrant Register approval item
"E", ref lect the comments made by him concerning the expenditure
for the airplane ticket to Jacksonville, Florida. Council
agreed.
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VOTE
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D. Continued . . . .
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
E. NEW BUSINESS
1. Motion to appoint Charlie T. Merry, Jr.
as a regular Patrolman - Police Chief.
2. Motion to approve a partial pay request
to Sharp Construction in the amount of
$95,169.77 - Interim Director of Public
Utilities (Exhibit 1).
COUNCILMBMB6RS/ACTION
*So noted. See minutes 6/18/91 for Councilmember Watford's
omments as requested -BST.
ote on motion is as follows:
IRK
OLLINS
TFORD
TION CARRIED.
Councilmember Collins made a motion to appoint Charlie T. Merry,
Jr., as a regular Patrolman (assigned to the Police Department);
seconded by Councilmember Entry.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Councilmember Collins made a motion to approve a partial pay
request (number eight) to Sharp Construction in the amount of
$95,169.77, upon the recommendation of the engineer; seconded by
Councilmember Watford. (Remedial Work)
Mayor Kirk asked if the project was on schedule as best as can
be at this time? PUID Groover answered yes, as best it can.
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VOTE
ettno -
E. NEW BUSINESS
2. Continued . . .
3. Motion to approve a contract to Knepper
and Willard in the amount of $13,310.00
for preparing a renewal permit applica-
tion for the Wastewater Plant - Interim
Director of Public Utilities (Exhibit 2).
2. 1991 -
COUNCILMEMSERS/ACTION
ote on motion is as follows:
IRK
OLLINS
NTRY
ALKER
ATFORD
OTION CARRIED.
�uncilmember Entry made a motion to approve a contract to Knepper
.d Willard not to exceed the amount of $1 3, 31 0.00 for preparing
renewal permit application for the Wastewater Plant; seconded
Councilmember Collins.
Councilmember Watford asked, "Do we have to renew our permit,
every five years?"
PUID Groover explained this has to be done every five years and
the paper work has to be turned into the Department of
Environmental Regulation a minimum of sixty days before the old
permit expires.
Administrator Drago also explained in the proposal to expand the
wastewater treatment plant with Knepper and Willard one of the
scope of services was to do the permit application.
Following further comments from Council, staff and citizen
Marvin Wheeler, vote is as follows:
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
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VOTE
�:IIl.i11Ia9 momAHW%I.a%II�
E. NEW BUSINESS
4. Motion to approve advertising at 15%
increase in the roll -back property tax
rate - City Administrator.
5. Motion to approve a contract to Censtate
Contractors, Inc., for modifications to
the Water Plant in the amount of
$294,800.00 contingent upon a satisfac-
tory background check by Reese, Macon
and Associates - Interim Director of
Public Utilities (Exhibit 3).
COUNCILMEMBERS/ACTION
Administrator Drago explained this is something the City has done
for years, it is strictly for advertising purposes, there is no
intent to raise it (taxes) 15% until we get into the budget
process and see how the revenues look. It is a mechanism to get
the advertising on the tax bill to take advantage of the process
the Property Appraiser uses.
Councilmember Collins made a motion to approve advertising at
15% increase in the roll -back property tax rate; seconded by
Councilmember Entry.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk commented, "this is not quite the order we normally
follow. Normally we have these companies checked out first,
however, they opened the bids Friday and it was a good bid price
wise and this seemed like a way to go ahead and get it before you,
subject to the company being cleared, that is why it is on the
agenda.
Councilmember Watford made a motion to approve a contract with
Censtate Contractors, Inc., for modifications to the Water Plant
in the amount of $294,800.00 contingent upon a (satisfactory)
background check by Reese, Macon and Associates; seconded by
Councilmember Walker.
Attorney Cook explained the way it is going to be handled is
Engineer Reese is going to check out this company. If it is
satisfactory, then this Council will give the mayor the
authority to sign the contract.
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Juty 2, 7991 - Regutat Meeting - Page 5 aU 12
E. NEW BUSINESS
5. Continued . . . .
6. Discuss the Comprehensive Plan contract
with the Central Florida Regional Plan
ning Council - Councilmember Entry.
COUNCILMEMBERS/ACTION
Vote on motion as follows:
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Councilmember Entry began the discussion of a contract increase
request by the Central Florida Regional Planning Council (CFRPC).
He explained that when they (CFRPC) submitted their prices for
the comprehensive plan they did not charge enough to cover all
expenditures. They are asking each City for more monies based
on their population. Okeechobee's share being $5,000.00.
Following discussion among Council and staff, Councilmember Entry
made a motion to give the CFRPC up to $5,000.00; seconded by
Councilmember Collins for discussion.
Mayor Kirk asked what would happen if none of the cities or
counties contributed the monies?
Administrator Drago explained if the monies are not collected
there could be forced lay-offs or go out of business. He
further commented, we should give them the monies due to the
fact that they did a good job on our Comp Plan, they kept it
flexible for us and they play a vital role.
Councilmember Watford expressed he was not in favor of giving
money away. They did do an extremely good job on the Comp Plan.
However, it disturbs me when they come back after the fact
asking for more money. I would prefer we agree to make it up in
other areas.
After further discussion among Council and staff, Councilmember
Watford made a motion to table this issue until the Council
receives a breakdown of areas and services offered with amounts
from the CFRPC; seconded by Councilmember Walker.
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VOTE
July 2, 1991--Regutan Meeting - Page 6 o{ 12
E. NEW BUSINESS
6.
7.
Continued . . . .
Discuss the Florida Energy Efficient
Water Project - Interim Director of
Public Utilities (Exhibit 4).
COUNCILMEMBERS/ACTION
Vote on motion as follows:
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
PUID Groover explained to the Council she saw an advertisement
concerning this grant and wrote them for more information and
found Okeechobee would be appropriate for this type of project.
The project involves an audit on our system and determines ways
to improve it from an energy efficiency standpoint. After the
audit is complete with their recommendations you either say thank
you but we are not interested and pay them $2,900.00 or you can
elect to proceed with the program. It is a matching of funds with
in -kind services. (example: they put in $10,000.00 to improve
our system we match $10,000.00 worth of in -kind services to our
system) The purpose of the grant is to help people who do not
have plumbing, the in -kind services are aimed at the low income
family areas in the city. (It is for water only).
Councilmember Entry made a motion to authorize PUID Groover to
proceed with the Florida Energy Efficient Water Project;
seconded by Councilmember Walker.
Councilmember Watford asked for clarification stating we are
only committing to $2,900.00, which must come back to this
Council for approval, Council agreed.
Councilmember Watford asked if the Water Master Plan would not
answer the same questions as this report. PUID Groover answered
this project is looking at the system from an energy efficient
standpoint. The two (this project and the water master plan)
will compliment each other. Not repeat work.
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Juty 2, 7991 - Regutax Meeting - Page 7 o6 12
VOTE
E. NEW BUSINESS
7. Continued . . . .
8a. Discuss installation of valves in the
18" sewage force main - Interim Director
of Public Utilities (Exhibit 5).
8b. Discuss the Lift Station at the Junior
High School - City Administrator.
COUNCILMBMBERS/ACTION
Following discussion among Council and staff, vote is as
follows:
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Administrator Drago enlightened the Council to problems with
the sewer line going along 441 North. There are no valves to shut
the line off if anyone breaks the line which has happened in the
past. Knepper and Willard will bid out this project to install
valves in the line to have the capability to shut the line off
in case of a breakage. The recommendation is for nine valves,
however, four valves are all that will be bid out at this time.
Councilmember Collins made a motion to proceed with bidding out
the project to install four valves in the 18" sewage force main
provided we have the money in the budget; seconded by
Councilmember Entry.
Councilmember Watford stated, Willard will bid out, then come
back to the Council before actual work will be done. Council
agreed.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Administrator Drago stated that while the subject of sewage was
on the floor the item of the lift station at the Junior High
School should be addressed, due to his telephone conversation
earlier today with Superintendent Danny Mullins.
YES I NO
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E. NEW BUSINESS
8b. Continued . . . :
COUNCILMEMBERS/ACTION
The lift station at the Junior High School feeds directly into
the one at the High School. In order to by-pass the lift station
at the High School the one at the Junior High needs bigger
pumps. Engineer Willard reviewed the lift station at the Junior
High to determine what types of pumps, control panels, etc.
needs to be upgraded. The Junior High lift station does belong
to the School Board.
Superintendent Mullins has indicated that the School Board will
pay up to $15,000.00. The payment will include the cost of the
pumps, control panels and slide rails and other equipment that
is needed to be put in the lift station -if the city would agree
to install the equipment and do the necessary engineering work
so that it does operate properly, and that would be in -kind
services. If you want the lift station at the High School by-
passed this has to be done. Otherwise we will not be able to
by-pass it.
Therefore, I am recommending that the City proceed with getting
the pumps and all the equipment. The School Board will
reimburse the cost. Let us go ahead and install it before
school season starts. Otherwise you are going to have a big
problem because of the flows.
Mayor Kirk asked Administrator Drago what other options the city
has. Administrator Drago stated, either leave the lift station
at the High School and Junior High like they are, or go back to
the School Board and try to convince them it is their lift
station so they should have to pay for everything.
Following discussion among Council and staff, Councilmember
Entry made a motion to proceed with getting the pumps and all
the equipment; with the School Board reimbursing the cost and
the City providing the installation and engineering services;
seconded by Councilmember Collins.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
VOTE
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Jut y 2, 1991 - Re
Mee-tino - Paoe 9 0A 12
E.
go
NEW BUSINESS
Discuss the Beautification Ordinance -
Mayor Kirk.
RECESS: 8:10 P.M.
COUNCILMEMBERS/ACTION
RECONVENED: 8:20 P.M.
Mayor Kirk asked for discussion concerning the beautification
ordinance. Councilmember Collins requested an opinion from
Attorney Cook.
Attorney Cook began, "...like I said at the last meeting the
definition in that section (8-10 public nuisance) could cover
almost any lot in the city whether it is cut or not. Since we
passed this, I cannot think of a single empty lot that came
before the Code Enforcement Board where that definition did not
apply. There was some discretion (language left in it) when it
was passed. I think perhaps the Code Enforcement Board would
benefit by some direction from the City Council as to what
manner to enforce this.
^" Councilmember Collins then stated that improved lots should be
C cleaned but undeveloped ones should be left alone unless it is
T3 a hazard to neighbors.
Discussion ensued among Council, staff, Code Enforcement
Chairperson Mike O'Conner, citizens Darcy Eubanks, Daryl Ferneau
and Marvin Wheeler, each one giving their concerns and opinions
on the Beautification Ordinance enforcement.
Mayor Kirk instructed Administrator Drago to get with the Code
Enforcement people. Set down. See how this is being enforced
and come back and tell us. Then if we need to look at rewording
what a nuisance is, do so at that time.
Councilmember Watford made a motion to instruct Attorney Cook to
amend the ordinance section 8-10 to delete unimproved property
to unattended vegetation weeds and living plant life; and
section 8-11 paragraph "b" change 100 feet to 20 feet and
delete the word unattended vegetation. Motion died for lack of
a second.
Councilmember Collins agreed with Councilmember Watford motion
but not on the 20 feet reduction nor deleting untended
vegetation.
VOTE
YES 1 NO
E.
9.
F.
NEW BUSINESS
Continued . . . .
COUNCIL REPORTS AND/OR REQUESTS:
Juty 2, 1991 - Regu&a Meeting - Page 10 oU 12
COUNCILMBMBBRS/ACTION
Mayor Kirk commented we must not give them (staff) an ordinance
they cannot enforce and are we asking them to do something they
cannot do?
Councilmember Collins agreed but thinks they are over -enforcing
the ordinance.
Mike O'Conner, Code Enforcement Board Chairperson stated in
defense of the Beautification Ordinance that people are cleaning
up their property now. The Code Board has a long list showing
this. They are not complaining to us, the majority like the
ordinance.
Council agreed to go with Mayor Kirk's instructions to
Administrator Drago as stated previously and for Administrator
Drago to ask for code complaints to be in writing when he talks
to the staff, leaving the Beautification Ordinance as it is for
now.
1. Councilmember Watford: I
a) Councilmember Watford thanked Administrator Drago for his
memo to the Council keeping them informed on various matters.
b) Councilmember Watford asked if there was an updated copy of
the Comp Plan on file, (latest version sent to DCA)?
Administrator Drago stated the Clerk has the updated copy
of the Goals, Objectives and Policies on file and his
office had the updated copy of Data and Analysis.
c) Councilmember Watford questioned the copy of the letter
from Beach Water stating the city was "dragging their
heals". From my understanding of our joint workshop we
were to wait until the feasibility study was complete
before we went any further. Council agreed.
VOTE
L� a
Juty 2, 7997 - Regutat
11 of 12
F.
2.
3.
COUNCIL REPORTS AND/OR REQUEST: I
CUUNCILMEMBERS/ACTION
Administrator Drago: a) Administrator Drago announced that possibly the South Florida
Water Management District is going to hold an advertised
public workshop. All the City Councilmembers, Beach Water
and the County Commissioners will be invited to attend to
discuss thoroughly the grant from which they are proposing
to spend $1.5 million and the need for sewage along the
canals and the lake. Its tentatively set for July 26,
1991, 2:30 P.M. at the Civic Centre and as soon as he gets
a definite date and time he will notify the Council.
Mayor Kirk: a) Mayor Kirk mentioned a letter of confidence from the Public
Utilities Department employees asking Susan Groover to stay
on as Public Utilities Director.
b) Mayor Kirk informed Council that the committee met and came
up with twelve of forty-three viable applicants for the
Director of Public Utilities position. They are to meet
again and he will keep the Council informed as to their
progress.
VOTE
ADJOURNMENT
Mayor Kirk:
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
CLERnS OFFICE.
/ i y/ , /l
3�r E. Kirk, Mayor
Attest:
Bonnie 9. Thomas, CMC, City Clerk
Jut y 2, 1997 - Regu&A Meeting - Page 12 oU 12
COUNCILMEMBERS/ACTION
Mayor Kirk adjourned the meeting at 10:00 P.M.
VOTE