1991-11-05 Regular Meeting1�/OF OKEEE.y
C 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
NOVEMBER 5, 1991 - 7:00 P.M.
SUMMARY OF COUNCIL ACTION
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NO
Mayor Kirk
called the meeting to order at 7:00 P.M.
A. Call meeting to order.
B.
Invocation offered by Pastor Ken Wagstaff;
Invocation
offered
by Pastor Ken Wagstaff;
Pledge of Allegiance led b;� Mayor Kirk.
Mayor Kirk
led the
Pledge of Allegiance.
C.
Mayor and Council attendance:
Mayor James "Jim" Kirk
Present
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
x
Staff attendance:
Attorney John R. Cook
Present
Administrator John J. Drago
Present
x
Clerk Bonnie S. Thomas
Present
x
Deputy Clerk S. Lane Earnest
Present
x
x
D.
Motion to dispense with reading and approve
the Summary of Council Action for the
Councilmember Entry
made a motion to dispense with reading and
regular meeting of October 15, 1991.
approve the
October 15,
Summary of Council Action for the regular meeting of
1991; seconded by Councilmember Collins.
KIRK
x
COLLINS
x
ENTRY
x
WALKER
x
WATFORD
x
MOTION CARRIED.
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VOTE
ABSENT
yES
NO
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
None.
E. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION
1 a. Motion to read by title only,
Councilmember Collins made a motion to read by title only,
Ordinance 641, closing a portion of
Ordinance No. 641, closing a portion of Northwest 7th Avenue;
Northwest 7th Avenue - City Attorney
seconded by Councilmember Watford.
(Exhibit 1).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Attorney Cook read Ordinance 641 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY, STREET
OR ALLEYWAY AS RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS,
OKEECHOBEE COUNTY, FLORIDA AND DESCRIBED AS THAT PORTION OF N.W.
7TH AVENUE LOCATED SOUTH OF N.W. 9TH STREET, BETWEEN BLOCK 45
AND BLOCK 46, CITY OF OKEECHOBEE, COMPRISING N.W. 7TH AVENUE
FROM THE SOUTH BOUNDARY OF N.W. 9TH STREET, RUNNING SOUTH TO THE
RIGHT OF WAY OF THE SEABOARD LINE RAILROAD TRACKS; AND DIRECTING
THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF
OKEECHOBEE COUNTY; PROVIDING AN EFFECTIVE DATE."
1 b. Public Comments.
None.
1 c. Motion to adopt Ordinance 641.
Councilmember Collins made a motion to adopt Ordinance No. 641;
seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
CLOSE PUBLIC HEARING
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7. Motion to adopt Resolution 91-5
Councilmember Entry made a motion to adopt Resolution No. 91-5,
establishing a deferred payment plan
for
establishing a deferred payment plan for wastewater customers;
wastewater customers - City
seconded by Councilmember Collins.
Administrator (Exhibit 6).
There was much discussion among the Council concerning the
amounts to decrease the wastewater capacity and connection fees.
It was pointed out that sixty-six property owners have paid the
higher fees, which if the City refunded the difference it would
be an estimated $56,800.00.
Citizen Marsha Montessi presented the Council with a petition
representing three hundred fifty-two property owners signatures
requesting the City Council reduce the wastewater capacity and
connection fees and set up a pay plan.
Citizens Andy Rubin, Paul Mims, Jim Phelleps, Guss Burnning,
Shirley Johnson, Pat Grant, James Leach, Arthur McGill, Dan
Delegall, Ms. Rutledge, Charlotte Delegall, Leroy Billy Gene,
Mattie Ervin, Ms. Ridley and Paul Lewis addressed the Council
with their concerns of the amount charged for wastewater
connection and capacity fees, and the length of time allowed to
pay the fees.
Councilmember Watford made a motion to amend the proposed
Resolution No. 91-5 in paragraph B.3. Connection Fees: City-
$366.00, County-$458.00; paragraph B.4. Capacity Fees: City-
$549.00, County-$687.00. Motion died for lack of second.
Resolution No. 91-5 as it is proposed in exhibit six reads as
follows:
A RESOLUTION ESTABLISHING A DEFERRED PAYMENT PLAN FOR WASTEWATER
CUSTOMERS; PROVIDING FOR AN EFFECTIVE DATE:
BE IT RESOLVED by the City Council of the City of Okeechobee,
Florida, as follows:
Section One: Pursuant to the Section of the Code of Ordinance
of the City of Okeechobee, Resolution 89-5 is amended as follows
for charges for wastewater services:
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7. Continued . . ,
B. Wastewater Rates and Fees
3. WASTEWATER CONNECTION FEES:
Size of Sewer Service City County
4" $-&36:00- $306.00 $`787.50 382.50
4. WASTEWATER SYSTEM CAPACITY FEES:
Meter Size City County
5/8" x 3/4" $-954.00- $459.00 $`t192.-00- $573.00
The above amended fees will sunset on February 28, 1992.
Section Two: The City of Okeechobee hereby establishing a
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Deferred Payment Plan for wastewater customers to pay for
wastewater connection and system capacity fees only. The
Deferred Payment Plan will sunset on February 28, 1992.
Section Three: The provisions of the Deferred Payment Plan for
wastewater customers are as follows:
1. Any customer wanting wastewater service may sign up for the
Deferred Payment Plan.
2. Wastewater customers can pay on the Deferred Payment Plan
up to 36 months.
3. The Deferred, Payment Plan's monthly amount will be added to
the customer's monthly consolidated city utility bill.
4. Any wastewater customer who previously paid connection and
system capacity fees in full can receive a full refund of
their fees, and sign up for the Deferred Payment Plan
subject to the fees and provisions of this resolution.
However, the fees will not be refunded if the customer is
presently hooked up to the wastewater system, and receiving
wastewater service.
F. NEW BUSINE:
7. Continu
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5. No wastewater service will be provided to any customer
ed . . ,
until the connection and system capacity fees on the
Deferred Payment Plan are paid in full.
6. The City will honor the Deferred Payment Plan subject to
the terms and conditions in Resolution 91-5 to any customer
who was on a previous payment plan and id not complete full
payment. The connection and system capacity fees charged
to customers under any previous payment plan will also be
honored by the City.
7. The City reserves the right to phase connecting wastewater
customers to the City's wastewater system.
8. The Deferred Payment Plan's terms and conditions in this
section will remain in effect until the customer completes
his obligation in full to the City.
Section Four: The provision of the Deferred Payment Plan for
customers seeking wastewater capacity allocations pursuant to
Resolution 89-10 are as follows:
1. Any customer who fulfills the requirements of Resolution
89-10 may sign up for the Deferred Payment Plan upon
payment of 50% of the required connections and system
capacity fees and 100% of all other required fees.
2. Wastewater customers can pay on the Deferred Payment Plan
up to 36 months.
3. Failure to pay the Deferred Payment Plan's monthly amount
will result in a recapture of the wastewater allocation.
To retain the recaptured wastewater allocation the customer
will pay the remaining balance of the deferred payment plan
in full.
4. No wastewater service will be provided to any customer
until the connection and system capacity fees on the
Deferred Payment Plan are paid in full.
F.
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7. Continued . . .
5. The Deferred Payment Plans terms and conditions will remain
in effect until the customer completes his obligations in
full to the City.
Section Five: This Resolution will take effect upon its
adoption this 5th day of November, 1991.
Vote on motion to adopt Resolution No. 91-5 as proposed in exhibit
six is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Recess: 8:15 P.M. -- Reconvened: 8:25 P.M.
1. Motion to appoint Ruth Ellen Smith as a
Councilmember Entry made a motion to appoint Ruth Ellen Smith as
regular executive secretary - City
a regular executive secretary; seconded by Councilmember Watford.
Administrator.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
2. Motion to retain Michael Wm. Morell,
Councilmember Entry made a motion to retain Michael Wm. Morell,
Attorney at Law, to negotiate a settlement
Attorney at Law, to negotiate a settlement for the City
for the City Comprehensive Plan for an
Comprehensive Plan, for an estimated fee of $5000.00; seconded
estimated fee of $5000.00 - City
by Councilmember Walker.
Administrator
Councilmember Watford felt there was a better way to handle this
than to have to hire an attorney.
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2. Continued . . .
Vote on motion is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
3. Motion to approve a partial pay request
to Youngquist Corporation in the
Councilmember Watford made a motion to approve partial pay request
amount
of $59,295.33 - Director of Public
number three in the amount of $59,295.33 to Youngquist
Corporation; seconded by Councilmember Collins. (Ground Water
Utilities (Exhibit 2).
Project)
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
4. Discuss payment to vendors - Finance
Director (Exhibit 3).
Director Parker asked permission from the Council to notify
vendors that by Florida Statute 218.70 municipalities have
forty-five days to pay their accounts. There have been a few
times when a vendor has added a late payment charge because
payment was not sent on time (thirty days) for various reasons.
Council instructed Director Parker to do everything possible to
always keep the accounts payable paid on time (within thirty
days) and that if we are charged a late fee to pay it.
5. Discuss concept of one recycling
Judy Davis appeared before the Council asking them for their
committee - Judy Davis (Exhibit 4).
blessing and extended an invitation to attend the Recycling Task
Force meeting on Wednesday, November 6, 1991, 7:00 P.M. in the
County Commissioners Chambers. Ms. Davis further explained the
purpose of their meetings was to devise a plan for Okeechobee
City and County on recycling. Council thanked Ms. Davis for her
information and invitation.
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5. Continued . . .
City Program Coordinator, Jim Threewits, who is a member of this
committee is to keep the Council up -dated on this subject.
6. Discuss request from Okeechobee Senior
Dr. Carlton appeared before the Council representing the
Services Advisory Committee - Mr.
Okeechobee Senior Services Advisory Committee presenting concerns
Steven Carlton (Exhibit 5).
relative to the high cost of transporting the elderly and the need
for funding to meet those needs of the elderly in Okeechobee
County and City.
After lengthy discussion among Council, Councilmember Collins
made a motion to instruct Administrator Drago to search the
budget to find $5000.00 (and if available) to give it to the
Okeechobee Senior Services; seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 9:32 P.M.
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
0 IC .
s E. Kirk, Mayor
Attest:
Bonnie S., Thomas, CMG, City Clerk