1991-10-15 Regular MeetingC I T Y O F 0 K E E C H 0 B E E
C I T Y C 0 U N C I L M E E T I N G
OCTOBER 15, 1991 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
Pnno 1 n� 1;
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES
NU
A. Call meeting to order.
Mayor Kirk called the meeting to order at 7:00 P.M.
B. Invocation offered by Reverend John Hirst;
Invocation offered by Reverend John Hirst;
Pledge of Allegiance led by Mayor Kirk.
Mayor Kirk led the Pledge of Allegiance.
C. Mayor and Council attendance:
Mayor James "Jim" Kirk
Present
X
Councilmember R.R. "Nick" Collins
Present
X
Councilmember Danny Entry
Present
X
Councilmember Jerry E. Walker
Present
x
Councilman Dowling R. Watford, Jr.
Present
x
G7
Staff attendance:
Attorney John R. Cook
Present
X
Administrator John J. Drago
Present
X
Clerk Bonnie S. Thomas
Present
X
Deputy Clerk S. Lane Earnest
Absent
X
D. Motion to dispense with reading and approve
Councilmember Entry made a motion to dispense with reading and
the Summary of Council Action for the
approve the Summary of Council Action for the regular meeting of
regular meeting of October 1, 1991.
October 1, 1991; seconded by Councilmember Collins.
f
KIRK
X
COLLINS
X
I'
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
UC;[-ODC/R 15 IY71 - Ke UxW1 -
COUNCILMEMBERS/ACTIONS
V(TTE
ABSBNr
NO
E. Motion to approve Warrant Registers for
Councilmember Watford made a motion to approve the warrant
the month of September, '1991:
registers for the month of September, '1991, General Fund
$97,888.80 and Public Utilities $107,372.51; seconded by
General Fund ....... $ 97,888.80
Councilmember Entry.
Public Utilities ... $107,372.51
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
None.
F. NEW BUSINESS
1. Motion to appoint James Murphy as a
Councilmember Collins made a motion to appoint James Murphy as
regular Utilities Service Mechanic -
a regular Utilities Service Mechanic; seconded by Councilmember
Director of Public Utilities.
Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
2. Motion to approve a contract with Knepper
Councilmember Collins made a motion to approve a contract with
and Willard, Inc. for engineering services
Knepper and Willard, Inc for engineering services for the
for the Wastewater Plant Expansion and
Wastewater Plant Expansion and approve $20,500.00 for Phase I of
approve $20,500.00 for Phase I of the
the expansion; seconded by Councilmember Watford.
expansion - Director of Public Utilities
(Exhibit 1).
The proposed contract contains the revisions that were of concern
to Council and staff at the October 1, 1991 meeting. Attorney
Cook met with the engineer and members of the City staff to
discuss those concerns.
Ll'?
7
cl
Ortoht?)r 75. 7997 - Reau.fah Meeting - Paae 3 oA 15
F. NEW BUSINESS
COUNCILMEMBERS/ACTION
VO1E
AB -TNT
YES
ND
2. Continued . . .
Necessary revisions were made to the original document,
resulting in this proposed contract. Attorney Cook further
explained the following items:
1. The contract format is standard for its use by engineers.
2. The City owns the drawings (facility plans), however,
the engineer maintains control of the drawings under
his seal to the extent that they cannot be reused by
another engineer.
3. Limit of liability clause, as stated, the limited
liability will not exceed the contract. This clause was
left in the contract document as presented.
Otherwise, the contract remains essentially the same according
to Attorney Cook.
Vote on motion is as follows:
X
.�
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
3. Consider a rate increase for Solid Waste
Mr. Pat Yancy, representative of L.P. Sanitation appeared before
- Mr. Pat Yancy (Exhibit 2).
the Council to request a cost of living rate increase of 5.4%
on the hauling portion, only, of.their contract with the City.
Calculations of the proposed rate increases, as requested, are
set out in the form of Resolution No. 91-7 and include:
SECTION ONE: Pursuant to Section 8-36 of the Code of Ordinance
of the City of Okeechobee, the charges and rates for garbage and
trash collection shall be as follows:
F.
nrfnhoh i;. 1991 - Ponufan Meeting - Paoe 4 oA 15
NEW BUSINESS
-
COUNCILMFMBERS/ACTION
VOTE_
AggM
yes
NO
1. Residential Rate shall be Fifteen Dollars and Seventy
3. Continued
Cents ($15.70) per month per living unit for garbage
pick-up.
2. Non containerized commercial service/commercial can rate
per month per business for garbage collection only. Any
additional or special waste collection request over and
above contracted service can be negotiated between the
customer and contractor.
CAN SERVICE RATE
EFFECTIVE NOVEMBER 1ST, 1991
Number of Cans Frequency of Service
ix 2x
1 $12.23 $21.50
2 $19.73 $37.00
3 $26.96 N/A
4 $34.62 N/A
5 $46.69 N/A
3. Containerized Commercial Service Rate shall be as
follows:
CONTAINER SERVICE RATE
Container
Size Frequency of Service
1 yd $ 49.45 $`95.94 N/A N/A N/A N/A
2 yd 84.97 160.55 $229.81 $299.07 $368.34 $ 426.01
3 yd 121.29 223.62 307.23 381.96 469.03 556.12
4 yd 150.71 272.31 363.99 470.62 565.09 659.56
5 yd 210.10 361.67 513.69 661.87 805.90 942.96
6 yd 257.33 443.95 621.61 799.81 962.06 1148.83
SECTION TWO: The charges and rates established hereby shall
take effect on the 1st day of November, 1991.
F. NEW BUSINESS
3.
4.
Continued . . . .
Update on Groundwater Project - Bill
Reese (Exhibit 3).
- Reaufan Meeting - Page 5 oA 15
COGNCILMEMBERS/ACTION
A schedule of Revenue and Expenses of Comparative Income
Statements showing L.P. Sanitation's financial data for
Year Ended March '91 from March '90, change and percentage
increase, was also included for Councils' information in
considering the requested increase in rates.
�ouncil also discussed the consequences of whether or not to
,ait until after January 1, 1992, to consider granting a rate
ncrease to L.P. Sanitation due to whatever changes might occur
'elative to the County's Landfill plans.
After further discussion concerning the City's Franchise
agreement terms with L.P. Sanitation by Attorney Cook,
Councilmember Collins made a motion to deny any request for
increase in our garbage trucking. There being no second, the
motion was denied.
Councilmember Watford made a motion to adopt Resolution No. 91-
7;seconded by Councilmember Walker.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Engineer Bill Reese, of Reese, Macon and Associates appeared
before Council concerning the status of the Groundwater Treatment
Plant. At this point Reese, Macon and Associates has completed
the pilot study and they are drilling the fifth of seven wells;
the water quality and quantity are generally positive.
Engineer Reese referenced his letter to the City (exhibit
three), stating it was written because of discussions
circulating regarding whether or not Okeechobee Beach Water
Association was going to remain as, and continue to be a City
water customer.
X
X
X
X
VOTE
X
iln-/-nknt, 11; 10Q1 - Donttfmh Adoo.tion - Pnno 6 oA 15
F. NEW BUSINESS
- -- -- --
COLWCILMEMBFRS/ACTION
VOTE
AHSTNf
4. Continued . . .
Due to the constraints of the Consent Order, we are going to be
in a position to, (once we are finished with our work at the
well fields), need to move very quickly on our design work in
order to stay on track, and it is going to be tight at best, he
emphasized.
On that basis Engineer Reese explained his advance notice that
in two or three weeks he will need to know whether or not the
City is going to serve Okeechobee Beach Water Association. The
implications are the City will get either a one million gallon
plant or a two million gallon plant. The size of the facility
the City is going to need should be determined rapidly. It was
pointed out by the engineer that changes could be made later but
changes after the time indicated do have cost and time
implications associated with them.
Upon further discussion by Council, Engineer Reese, Attorney
Cook and staff, it was decided the City should notify the
chairman of the Utility Task Force Committee to hold a meeting
for the committee to go over its final report from PMG and
Associates, and render its recommendation as a result of the
Utility Authority Study.
If the Utility Task Force Committee decides it will have a final
meeting, then the City Council could have a workshop meeting
together with them right away.
Engineer Reese again emphasized the fact that the City must
remember the time frame. It is very crucial at this point and
the City must act accordingly.
Mayor informed the Council that if they are to have a workshop
two things they need to be thinking about in the meantime are:
1. Is the City definitely interested or not in a Utility
Authority and;
2. Is Okeechobee Beach Water Association going to remain
as a customer or not as a customer?
ortnhoh 7 ; . 1gg7 - Ponttfa.h AAootip? n - Pnno 7 rr/ 1;
F. NEW BUSINESS
COUNCILMBMBBRS/ACTION
VOTE
ABSTNi
YES
NO
4. Continued . . .
Council was instructed by the Mayor to have their decision in
mind as to the direction they want to go prior to the workshop.
Mayor Kirk will notify the Utility Task Force Committee in
writing tomorrow and the letter will be hand delivered.
Council thanked Engineer Reese for the tour of the well field
and commented on the good water.
Administrator Drago asked Engineer Reese for the outside date in
which he had to start, (with pen and pencils, etc.).
Engineer Reese stated the Consent Order obligation is to have
the permit setting in front of the Department of Environmental
Regulation in February.
Mayor Kirk informed the Council further that in talking with the
Utility Task Force Committee Chairman Steve Porter, their
-
thoughts are to move in the direction of a Utility Authority.
But, the one thing the City would want is payment for the equity
in its system, correct? Council confirmed their agreement with
3
the Mayor and he further stated, that may cause them not to meet
and there is no need to meet if that is to be a stumbling block.
Council agreed.
Administrator Drago asked the Engineer how long until the specs
will be ready and was told April of 1992. Start mid part of
1992 or late Spring. .-
5. Discuss Occupational Licenses - City
Attorney Cook explained to the City Council the Occupational
Attorney (Exhibit 4).
license fee schedule, present and proposed, as presented on the
(exhibit four) spread sheet. The report consists of data in
detail showing amounts calculated both as presently charged and
the proposed charges with options for Council's consideration.
Attorney Cook and Council discussed the proposed fee schedule,
going over the per City Businesses data relative to the aspects
of base rates and square footage at one cent to four cents, the
1991 rates and 1991 inventory's; also the fees imposed by the
1972 Ordinance and the twenty-five percent as authorized or
allowed by Florida Statutes for 1992 as listed.
F. NEW BUSINESS
5. Continued . . . .
Oc-toben 15, 7997 - Re
COUNCILMEMBERS/ACTION
Attorney Cook suggested amending the Ordinance to provided that
a flat rate of twenty-five dollars be charged on mobile home
parks with no per pad charge added. As for restaurants, fast
food and deli's the proposed charge was acceptable, except,
delete the two -hundred seventy-five dollar fee for serving
acoholic beverages because such fees are not to be charged by
Cities nor Counties but by the State only. Cities can charge
license fees on package stores though.
After considering the options of flat rates, inventory, square
footage and how to measure inside or outside of a building,
Attorney Cook informed Council that (upon Councils decision) he
would go over the information line item by line item with staff
and come back to Council with changes (as approved) in ordinance
proposal form.
Attorney Cook explained he needed a motion on retail sales; when
the decision is made on how to tax that category other
categories will be looked at as appropriate. He reminded
Council they had postponed the definition section of the
ordinance and those will need to be looked at again.
After further discussion by Mayor and Council concluding that
they had considered the fees and arrived at the charges as
equitably as possible, motion was made by Councilmember Collins
that the City use the two cents per square foot, using inside
measurements, omitting office space, bathroom and supply
closets. Motion denied for lack of second.
Motion was made by Councilmember Entry that the City use the two
cents per square foot, (as proposed) measure inside -gross with
same maximum, same cap; seconded by Councilmember Watford.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
VOFE
VES
X
X
X
X
X
G.
COUNCIL REPORTS AND/OR REQUESTS:
Vctoben 1S 1991 - t<eoutaa meezinn -
COUNCILMEMBERS/ACTION
VOrE
ABSENT
YES
NO
a) Councilmember Collins expressed to Council his displeasure
1. Councilmember Collins:
with the action taken to increase the garbage and trash
fees for L.P. Sanitation, relative its impact on local
businesses.
b) Councilmember Collins introduced citizen Sandra Palmer who
presented, for Council examination, a laundry hamper filled
with assorted laundry that was stained yellow by City water
used to wash them, Mrs. Palmer said. It was agreed that
Utility Director Loftin would take the hamper of laundry
and attempt to remove the stains for Mrs. Palmer.
Citizen Marvin Wheeler questioned Council relative to treatment
of citizens by L.P. Sanitation. Mr. Wheeler will discuss this
issue further with Administrator Drago later.
c) Mayor Kirk re -addressed the issue of the staining
properties in the City water supply. He explained that the
City is working diligently to overcome the causes that
create the poor water quality. That, however, it will cost
money to correct the causes but that we as citizens cannot
"have it both ways", referring to the debt service charge
to citizens on their water bills as a result of the City's
attempts to correct the water problems and the adverse
response of some citizens to those positive attempts by the
City. The Mayor appealed to those present to work with the
City on these issues.
Discussion continued involving Council and citizens Pat
Grant, Valarie White, Mattie White, Daniel Delagall Jake
James and others concerning rusty water; the debt service
on utility bill; and deposit upgrade and how they are
calculated; and a request for flushing of water lines in
the Douglas Park area; also an explanation of the utility
availability charge was given by Council.
COUNCILMBMBBRS/ACTION
VOTE
ABSENT
YES
NO
G. COUNCIL REPORTS AND/OR REQUESTS
1. Councilmember Collins continued
d) Council was informed by Councilmember Collins of a water cut-
Leland Dyals and requested
off at the local business of
that City business owners be notified before their water is
physically turned off, by the City worker, as a courtesy.
It was explained to Council by Councilmember Watford and
staff, that Mr. Dyals had been late in paying his utility
bill seven times in the last twelve months resulting in the
service cut-off. Under the user history data method used
by the City to make its decisions in determining the cut-
off list, its action was appropriate under current
regulations.
Mayor Kirk commented to just pay the water bill, it will
solve the problem.
Citizen Paul Mims requested Council consider a roll -back on the
sewer hook up cost for a certain period of time. He was
instructed by the Mayor that this should be an agenda item and
to follow that procedure in making his request at a future
meeting.
2. Councilmember Watford:
a) Asked if we can finally hook up to the City sewer and was
"that
told, is correct".
b) Asked about the status of the Comprehensive Plan and was told
by the City Attorney that a,motion has been filed for the
City. Also Administrator Drago explained the procedures of
the Administrative hearing process in Tallahassee with the
City's
Department of Community Affairs relative to the
'1992.
Comprehensive Plan; approximate date is before March
G. COUNCIL REPORTS AND/OR REQUESTS
VCLVVI'. �C I7 1771 - Rl' ULC{'C ICI -
COUNCILMBMBERS/ACTION
VOTE
VES
NO IAB-TNT
2. Councilmember Watford continued . . .
c) Status of the Pension Board revisions Administrator Drago
explained he and Attorney Cook met with the Pension Board
attorney last Thursday, who presented them with a summary
of the actuarial statements as far as what it would cost
additionally to the City to fund the changes. We basically
went over with him the budget problem we have got and that
the dollar figure might not be realistic so he said he
would take our concerns back to the Pension Board and see
which way they are going to go.
3. Councilmember Walker:
a) Referring to the increase in the deposit for water, when
this happens to a City utility customer and they feel they
have never been late in paying their bill, can the water
department research a record and check background history
to determine this, and tell them the bill dates and amount
when they were late paying?
Interim Director Groover informed him that yes, this can be
done, and the department has a thirteen month history on
the computer that verifies this data.
Administrator Drago informed Council that this was to be Susan
Groover's last Council meeting as Interim Director of Public
Utilities. Council thanked Ms. Groover for her outstanding good
work while in the City's .employ and the Mayor expressed his
appreciation for the service rendered to the City by Ms. Groover
and wished her the best of luck in the future.
4. Mayor Kirk:
a) Mayor Kirk asked Council to keep in mind, as they prepare
themselves mentally for a meeting, if they have a joint
meeting with the County and Okeechobee Beach Water
Association and whomever, that a lot of these problems we
deal with here, if there was a utility authority, somebody
else would be dealing with these problems instead of us.
UCtoben IS IVY[ - Ke X -
VOTB
G. COUNCIL REPORTS AND/OR REQUESTS
COUNCILMEMBBRS/ACTION
VES
NO
A&ENT
4. Mayor Kirk continued
b) Mayor Kirk asked Council to delete this (Council Reports
and/or Requests) section of the meetings, and nothing be
discussed unless it is an agenda item or an emergency that
has to be put on the agenda. The Mayor further explained
that on more than one occasion its gone off in purposes and
directions that it should not. Also the Mayor stated he
would like to know what is going to be discussed before he
comes to the meetings.
Councilmember Entry made a motion that we amend (delete)
the discussions (Council Reports and/or Requests) at the
end of the meeting, that is not on the agenda and discuss
only agenda items; seconded by Councilmember Watford.
Councilmember Watford questioned if that means if we had an
item we wanted to discuss we would be allowed to put it on
the agenda? (By When?)
Administrator Drago explained the agenda information
deadlines and that he needs to receive the items by
Thursday, including items from department heads, so the
agenda can be distributed at its normal time on Fridays.
Councilmember Collins asked what if you have an item come
up after the agenda is printed?
Councilmember Watford.explained he thought we could still
probably call if there was anything to be added. I do not
know if you would still do that or not.
Mayor Kirk stated it would have to be an emergency.
Councilmember Watford explained that he would not have
seconded this motion a month ago. But the last couple of
meetings things have come before us (that has changed his
mind). The Council provides public hearings for public
input at appropriate times and does not deny a citizen an
opportunity to speak at that time.
G. COUNCIL REPORTS AND/OR REQUESTS
UczoneA is i VV I - -
COUNCILMEMBERS/ACTIONS
VOTE
ABSENT
NO
4. Mayor Kirk continued . . . .
b) Mayor Kirk stated his reason for doing this is not to cause
people not to have an opportunity to come before us, no
problem with that, he just wants to know in advance what
Council is going to be discussing so he can be better
prepared. These personal agendas, can turn a one hour
meeting into three or four hours, and any item that is not
a true emergency should be on the agenda.
Further discussion as to determination of what constitutes
an emergency was held by Councilmembers. Attorney Cook
asked about using "requests for additions, deferral or
withdrawal from the agenda".
Administrator Drago explained he was in charge of the
agenda and responsible for it. The request for additions
deferrals or withdrawals that was put in there was strictly
for his use to tell the Council and the Mayor if an item
has to be deferred because he knows of something that
causes it to be deferred or added.
Administrator Drago further stated that if the Mayor wanted
C�
to set a different policy to allow the Council to put items
on the agenda at the meeting date that is his prerogative.
Mayor Kirk again expressed his concerns that the Council
needs to know what is going to come before them at a
meeting in advance in- order to make informed decisions
after having done their research into the matters coming
before them. By so doing, the Council will come across as
better (informed) to the public.
Councilmember Watford stated if we were to change to this
system, and it did not work or we did not like it, nothing
would keep us from changing back to this? Not at all,
Mayor Kirk stated.
Councilmember Collins asked Attorney Cook, as a duly
elected City Councilman as long as I am not out of order,
has this Council got a right to pass an ordinance that I
cannot talk?
n -P L it inns n 0 w 11nni D n 1A nL I
G. COUNCIL REPORTS AND/OR REQUESTS
COUNCILMEMBERS/ACTION
VOTE
AB-TW
yES
NO
4. Mayor Kirk continued . . . .
b) Attorney Cook responded that the mayor can choose to limit
the discussion on items, yes, he can tell you not to talk.
Councilmember Collins further questioned, as long as I am
in order, and I have something to bring before this Council
you mean he can say no you cannot?
Attorney Cook replied that if it is not an agenda item, I
think he can.
Okay, we will get an opinion from the Attorney General on
that, because I think it is wrong for you or anyone else to
try to limit a City Councilmember from bringing up subjects
that is not on the agenda. Councilmember Collins further
expressed his interpretations of an emergency and who
decides what they are.
Council further discussed the procedures for placing items
on the agenda.
Mayor Kirk explained he felt an obligation to himself and
this Council to bring this up and the intent of his request
was not to censure anyone. No hidden motive, he just wants
to know what is to be discussed before he gets to the
meeting. Mayor Kirk reminded Council there was a motion on
the floor with a second and called for a vote.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
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 IN-
SURE 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 RE-
CORDING CAN BE OBTAINED IN THE CITY CLERK'S
OF
/f
J s E. Kirk, Mayor
t
Attest:
Bonnie . Thomas, CMC, City Clerk
Octobers 75, 1991 - Re u&A Meeting - Page 15 oA 15
VOTE
COUNCILMEMBERS/ACTION
Mayor Kirk adjourned the meeting at 9:25 P.M.
141