1992-03-03 Regular Meeting1"0iii--
''itf OKE
0 EC
y0
LOR101'
A. Call meeting to order.
C I T Y O F 0 K E E C H 0 B E E
C I T Y C O U N C I L M E E T I N G
MARCH 3, 1992 - 7:00 P.M.
SUMKARY OF COUNCIL ACTION
B. Invocation offered by Dowling Watford, Jr;
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:
Attorney John R. Cook
Administrator John J. Drago
Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Earnest
D. Motion to dispense with reading and
approve the Summary of Council
Action for the regular meeting of
February 18, 1992.
COUNCILMBMBFRS ACTION
Mayor Kirk called the meeting to order at 7:00 P.M.
Invocation offered by Councilmember Dowling Watford, Jr.;
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 aad
approve the Summary of Council Action for the regular meeting Oz
February 18, 1992; seconded by Councilmember Walker.
KIRK
COLLINS
ENTRY
ATFORD
OTION CARRIED.
Page 1 of 7
1 VO"-
YES 1 NO
I
Ll
90C17 Dn.,111 Mao+inn _ Pnna % of 7
1'IUI V11 J
COUNCILMBMBBRS ACTION
VOTE
VES
NO
ABRNF
REQUEST FOR THE ADDITION, DEFERRAL. OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
Administrator Drago announced that item number ten under new
business is added to the agenda to discuss the Southeast Canal
Project.
E. NEW BUSINESS
1. Presentation of certificate of
Mayor Kirk presented a certificate of appreciation to Mr. Bill
appreciation to Mr. Bill Thornton
Thornton for the Southeast Canal Clean-up Project.
for the Southeast Canal Project -
Mayor Kirk.
2. Proclaim March 8 - 14, 1992 as Girl
Mayor Kirk read the proclamation in its entirety as follows:
Scout Week - Mayor Kirk.
"WHEREAS, MARCH 12, 1992, IS THE 80TH ANNIVERSARY OF THE
FOUNDING OF GIRL SCOUTS OF THE U.S.A., THE LARGEST VOLUNTARY
ORGANIZATION FOR GIRLS IN THE WORLD; AND
WHEREAS, GIRL SCOUTING IS A VITAL ORGANIZATION FOR GIRLS,
ENABLING THEM TO DEVELOP SELF-ESTEEM AND LEADERSHIP SKILLS,
PROVIDING AN ATMOSPHERE OF WARM AND TRUE FRIENDSHIP; AND
WHEREAS, THE GIRL SCOUT PROGRAM NOT ONLY REFLECTS THE ENDURING
VALUES OF STANDARDS THAT HAVE BEEN PART OF THE ORGANIZATION
SINCE 1912, BUT ALSO LENDS ITSELF TO THE SPECIAL AND UNIQUE
SITUATION OF GIRLS OF THE 1990'S; AND
WHEREAS, GIRL . SCOUTS OF ALL AGES HAVE MADE IMPORTANT
CONTRIBUTIONS TO THE LIFE OF THIS, OUR OWN HOME COMMUNITY,
NOW THEREFORE, I, JAMS E. KIRK, MAYOR OF THE CITY OF
OKEECHOBEE, DO HEREBY PROCLAIM MARCH 8 - 14, 1992 GIRL SCOUT
WEEK IN THE CITY OF OKEECHOBEE AND URGE CITIZENS OF OKEECHOBEE
TO SUPPORT THE ACTIVITIES AND ENDEAVORS OF THE GIRL SCOUTS OF
THE U.S.A."
Mayor Kirk presented the proclamation to those representatives
of the Girl Scouts who where present.
s
Marrh � 19Q2 _ Raniilar Maatinn _ Pana � of 7
VOTE
E. NEW BUSINESS
COUNCILMEMBBRS ACTION
VES
NO
�BSENT
Councilmember Entry made a motion to approve Juan Suarez as a
3. Motion to approve Juan Suarez as a
regular Wastewater Treatment Plant
regular Wastewater Treatment Plant Operator; seconded by
Operator - Director of Public
Councilmember Watford.
Utilities.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
4. Motion to adopt Resolution 92-8
Councilmember Watford made a motion to adopt Resolution No.
supporting Hospice - City
92-8 supporting Hospice; seconded by Councilmember Walker.
Administrator (Exhibit 1).
Attorney Cook read Resolution No. 92-8 by title only as follows:
1,
"A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING
HOSPICE OF OKEECHOBEE IN ITS ATTEMPT TO OBTAIN A GRANT FUNDED
THROUGH THECOMMUNITY SERVICES BLOCK GRANT, FEDERAL FISCAL YEAR
1992."
Vote on motion to adopt Resolution is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
5. Consider an alley closing behind the
Discussion was held among Council and staff concerning closing
Okeechobee Community Church - City
portions of alleys. Mayor Kirk instructed City Clerk Thomas to
Administrator (Exhibit 2).
return Application No. 35 to Reverend McDuff of the Okeechobee
Community Church and explain the Council s concerns of closing
portions of alleys and that he contact all the other propert
owners within Block 40 and have them sign off on the application
to close the alley in the entire block. The application should
be brought back to the Council at the next regular meeting or
when completed as requested.
rnInn7 D. 1 Moo+inn _ Panc A of 7
E.
VOTE
YES
NO
�SRNT6.
COUNCILMBMBERS ACTION
NEW BUSINESS
Discuss extension of the Franchise
Council, City Attorney Cook and Mr. Pat Yancy (representative of
Agreement between the City and L.P.
L.P. Sanitation) discussed at length the language of the Franchise
Sanitation - City Administrator
Agreement relative to its renewal.
(Exhibit 3).
Attorney Cook informed the Council that if the City takes no
action then the City accepts the position of Waste Management
(L.P. Sanitation) that this is an automatic extension of the
Franchise Agreement for five years.
If the Council intends to do otherwise such as exercise the
Council's right to say this is not an automatic extension then
you would need a motion to do that.
Councilmember Collins stated he felt the agreement should not be
renewed and that the service should be bid out to get a better -
price and made a motion that the City notify L.P. Sanitation's
Attorney Tom Conely that the City's position is we do have a
right to terminate the contract, so it can be on record that we
do not accept their extension. Motion died for lack of second.
No action was taken so as Attorney Cook related the Franchise
Agreement with Waste Management L.P. Sanitation was
automatically renewed for five years or July 7 19971.
7. Discuss retaining DeSantis, Cook &
Following discussion among Council and Attorney Cook concerning
Hunston as special counsel for the
fees and background information of the law firm, Councilmember
Sharp Construction Lawsuit - City
Walker made a motion to retain services of DeSantis Cook and
Hunston; seconded by Councilmember Watford.
Attorney (Exhibit 4).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
RECESS:
Mayor Kirk called for a recess at 8:15 P.M. and reconvened the
meeting at 8:20 P.M.
M ., ..... 1.. 7 90n7 D., ..,,i Me,e,+i., ., Dino Ci of 7
E.
VOTE
VES
NO
CSENT
NEW BUSINESS
LOUNL'HMEMBERS ACTION
8. a) Motion to remove from table
Councilmember Collins made a motion to remove from table the
the $42,740.72 contract amendment
$42,740.72 contract amendment between the City and Knepper and
between the City and Knepper and
Willard for engineering services; seconded by Councilmember Entry.
and Willard for engineering
X
services.
KIRK
X
COLLINS
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
b) Motion to pay Knepper and
Councilmember Watford made a motion to pay Knepper and Willard
Willard $21,137.07 for additional
$21,137.07 for additional inspection work relating to the Sharp
inspection work relating to the
Contract on the Sewer Collection System remedial work; seconded
Taddie Collection System remedial
by Councilmember Entry.
work - City Administrator (Exhibit
5).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
9. Discuss City Finances - City
Administrator Drago reviewed with the Council the memorandum in
Administrator (Exhibit 6).
exhibit six. Following lengthy discussion, Council instructed
Administrator Drago to use a combination as appropriate, of three
options proposed in the memorandum. The options being:
1. Raise property taxes approximately 18% (4.15 to 4.90
based on FY 91-92 Tax figures).
2. Increase Utility taxes on electric, telephone and
bottled gas to 10% across the board. (No tax on water)
3. Transfer an additional $100,000.00 from Public
Utilities.
Ke_.__1,. n i Kn +;. Dino of 7
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VOTE
- -
VES
NEW BUSINESS
COUNCILMEMBERS ACTION
ITEM BROUGHT TO COUNCIL'S ATTENTION:
Attorney Cook advised Council that Ms. Kim Love of South Florida
Proposed Resolution for declaring a
portion of N.E. 5th Avenue wetlands.
Water Management was here a couple of meetings back and is here
tonight. The item brought to the Council's attention previously
was a Resolution declaring a portion of Northeast 5th Avenue
wetlands and the Council's instructions were to advertise the
Resolution and notify surrounding property owners. Since that
meeting he has met with City Clerk Thomas and they determined
that was not necessary and that the Resolution can be adopted
without notification to surrounding property owners.
Mayor Kirk requested following proper procedures by having the
Resolution placed on the agenda for the March 17, 1992 meeting
for adoption at that time.
10. ITEM ADDED TO AGENDA: Presentation
of video tape of the Southeast Canal
Project progress.
Program Coordinator Jim Threewits presented to the Council a video
tape of the progress of the Southeast Canal Project. He explained
that the company the Council voted to hire to clean out the canal
was doing an excellent job and asked for approval to use the rest
of the funds ($16,000 total) and finish all the canals.
Councilmember Entry made a motion to continue with the project
and spend the $16,000.00 for all four canals. Motion died for
C
lack of second.
Discussion ensued among Council and staff, Council instructed
Program Coordinator Threewits to come back to the Council with
a video showing the completed canal and the Council would decide
at that time whether to continue on with the canal cleaning
project.
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C'
CUUNCILMEMBERS ACTION
VOTE
VES
NO
�BSEtQT
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 9:08 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 INSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE WHICH IN-
CLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS BASED.
J E. Kirk, Mayor
Attest:"
Bonnie S. Thomas, CMC, City Clerk