1992-05-05 Regular Meetingit OKFec
0 y0
It
� U m �
t 0 Zo �1�1
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
MAY 5, 1992 - 7:00 P.M.
Qi1WADO AID OnTTMOYT AlrPTf%W
Paoe 1 of 12
COUNCILMFMBERS ACTION
VOTE
YES
NO
�Nf
A. Call meeting to order.
Mayor Kirk called the meeting to order at 7:00 P.M.
B. Invocation offered by Dowling R. Watford;
Invocation offered by Dowling R. Watford, Jr;
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
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
Present
X
D. Motion to dispense with reading and
Councilmember Collins made a motion to dispense with reading and
approve the Summary of Council
approve the Summary of Council Action for the regular meeting of
Action for the regular meeting of
April 21, 1992; seconded by Councilmember Entry.
April 21, 1992.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Id C -1n
REQUEST FOR THE ADDITION, DEFERRAL OR
Ilu J 1 JJLC - 1\C U I QI MCC L 1 II - r Q C L V I I L
COUNCILM6MBERS ACTION
I
vvrF
YES
NO
None.
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
E. OPEN PUBLIC HEARING FOR ORDINANCE
Mayor Kirk opened the public hearing at 7:03 P.M.
ADOPTION
1 a. Motion to read by title only,
Councilmember Watford made a motion to read Ordinance No. 643 by
Ordinance 643 - City Attorney
(Exhibit 1).
title only; seconded by Councilmember Collins. (Application No.
36 - Gene Fulford).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Attorney Cook read Ordinance No. 643 by title only as follows:
"AN ORDINANCE CLOSING AND VACATING THE ALLEYS OR ALLEYWAYS
LOCATED IN BLOCK 214 OF THE FIRST ADDITION TO OKEECHOBEE AND
BLOCK "C" OF CENTRAL PARK; RESERVING UNTO THE CITY, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC
UTILITIES PURPOSES; PROVIDING AN EFFECTIVE DATE"
1 b. Motion to adopt Ordinance 643.
Councilmember Collins made a motion to adopt Ordinance No. 643;
seconded by Councilmember Entry.
Mayor Kirk asked for discussion among Council. '
Councilmember Watford asked if this was the Gene Fulford alley?
Clerk Thomas answered yes.
Councilmember Watford continued by asking whether or not Mr.
Fulford owned all the property surrounding the alley, and there
were no objections?
Clerk Thomas announced that her office sent out fifty-eight
letters, three returned unclaimed, and there were no objections.
Mays, 1992 - Regular Meeting - Page 3 of 12
E. PUBLIC HEARING FOR ORDINANCE ADOPTION
COUNCILMFMBfRS ACTION
VOTE
YES
ND
1 b. Continued
Councilmember Watford further commented that Mr. Fulford had
been using this alley or had an agreement to use this alley and
assume we have had no problems with that and assume that this
portion of the title that you read about the easement, I noticed
that there were several comments that needed easements, this
protects those easements?
Clerk Thomas answered yes, Mr. Fulford had a lease and also a
Use of Alley Agreement with the City and no one had reported any
problems to her.
Attorney Cook commented on the easements, stating that Florida
Power and Light had requested that the City, before we closed
the alley, grant them an easement. We have not done this
(separately) in the past so we did not execute that easement
agreement with Florida Power and Light. We will close the alley
and reserve this (perpetual non-exclusive easement) which means
they still have access.
Clerk Thomas further commented on the easements stating that it
as her understanding as advised by the City Administrator and
the City Attorney that the City provides what Florida Power and
Light Company asked for sufficiently by Ordinance.
Councilmember Watford commented that he does not usually vote to
lose an alley or street, but this one was a unique situation
because the land on both sides of the alley is owned by one
person.
1 c. Comments from Public,
Hayor Kirk asked if there was anyone in the audience that had any
input on this matter. There were none.
1 d. Vote on motion.
IRK
X
COLLINS
X
NTRY
X
ALKER
X
ATFORD
X
40TION CARRIED.
May 5. 1992 - Regular Meeting - Page 4 of 12
E. PUBLIC HEARING FOR ORDINANCE ADOPTION
CLOSE PUBLIC HEARING
F. OLD BUSINESS
1 a. Motion to read by title only
and set May 19, 1992 as the Public
Hearing date, Ordinance 645 amending
the City's Comprehensive Plan -
City Attorney (Exhibit 2).
COUNCILMEM$ERS ACTION
Mayor Kirk closed the public hearing at 7:08 P.M.
Councilmember Entry made a motion to read by title only and set
May 19, 1992 as the Public Hearing date, Ordinance 645 amending
the City's Comprehensive Plan; seconded by Councilmember Walker.
Councilmember Watford asked if this (amendment) is to make the
changes in accordance with the agreement that we approved?
Administrator Drago answered yes.
Councilmember collins stated he would like to see us pass this
tonight because he is a little afraid that if we get started
changing things around in here we will end up not getting it
passed. And we will get a chance later on to change some of the
things that we might want to change.
(Vote to read by title only is as follows:
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
lAttorney Cook read Ordinance No. 645 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT, THE SANITARY SEWER, SOLID WASTE,
DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE ELEMENT
AND THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF OKEECHOBEE WHICH CONTROLS
FUTURE LAND USE, GUIDES PUBLIC FACILITIES, AND PROTECTS NATURAL
RESOURCES PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACTION (CHAPTER 163,
PART II, FLORIDA STATUTES); PROVIDING FOR SEVERABILITY AND
IPROVIDING FOR AN EFFECTIVE DATE."
VOTE
124�0 ire]
X
X
X
X
X
Mav S. 1992 - Reaular Meeting - Pa4e 5 of 12
COUNCILM6MBFRS ACTION
VOTE
YES
NO
k<ENT
F. OLD BUSINESS
1 b. Motion to approve the first
Councilmember Collins made a motion to approve the first reading
reading of Ordinance 645.
of Ordinance No. 645; seconded by Councilmember Entry.
KIRK
X
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
G. NEW BUSINESS
1. Motion to appoint Mr. Kevin Timko
Councilmember Watford made a motion to appoint Mr. Kevin Timko
as a new Water Treatment Plant
as a new Water Treatment Plant Operator; seconded by Councilmember
Operator - Director of Public
Collins.
Utilities.
Councilmember Entry asked if they are replacing somebody that
quit or adding on?�
Public Utilities Director Loftin answered that they are
replacing an operator that resigned to take a job in the town of
Vero Beach. We have not added anybody on, our number of people
that we have in Public Utilities is set by the Council. This
man is a certified operator, he had worked for us before, he
resigned to make more money somewhere out of town, he is tired
of commuting and wants to come back and work for us and we are
very fortunate to be able to hire a certified operatoi`. Mr.
Timko was unable to be at the meeting tonight, however, Mr.
Steven Sieracki who was voted to be hired last meeting is here.
Mayor and Council welcomed Mr. Sieracki.
Vote on motion is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
- Regular Meetino - Paae 6 of 12
G. NEW BUSINESS
2. Proclaim the week of May 3-9, 1992
as Municipal Clerk's Week - Mayor
Kirk.
COUNCILMEMBERS ACTION
Mayor Kirk presented the Proclamation to City Clerk Thomas and
read it in its entirety as follows:
"WHEREAS, it is imperative to the democratic process that a well
informed citizenry participate in the operation of their local
government; and
WHEREAS, the office of Municipal Clerk provides the
communication link between the citizens, the local government
legislative body and administrative departments, and agencies of
government at other levels; and
WHEREAS, the Municipal Clerks serve as the information center on
the functions of their local government by making available the
records of local government, distribution of published materials
and reports, presentations before community and school groups,
and answering questions on the government activities and
programs; and
WHEREAS, the Municipal Clerks and their staff have upon their
own initiative participated in education programs, seminars,
workshops and the annual meetings of their state, province, and
international professional organizations which not only improved
the operation of their office but through their achievements and
awards have brought favorable publicity to the communities that
they serve;
NOW, THEREFORE, I James E. Kirk, Mayor of City of Okeechobee, do
recognize the week of May 3 through May 9, 1992, as MUNICIPAL
CLERK'S WEEK, and further extend appreciation to our Municipal
Clerk, Bonnie S. Thomas, and to all Municipal Clerks for the
vital services they perform and their exemplary dedication to
the community they represent."
VOTE
YES I NO
Mav 5. 1992 - Reaular Meetina - Paoe 7 of 12
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
YES
3. Motion to approve the purchase of 2-
Councilmember Entry made a motion to approve the purchase of two
1/2 Ton Ford Pickup Trucks from
1/2 Ton Ford Pickup Trucks from Okeechobee Motor Company for
Okeechobee Motor Company for
$18,380.00, two 3/4 Ton Ford Pickup Trucks from Duval Ford for
$18,380.00, 2 - 3/4 Ton Ford Pickup
$221,790.00, one Ford Tempo Sedan from Don Reid for $8,313.00 and
Trucks from Duval Ford for $22,790.
two Cavalier Station Wagons from Ed Morse Chevrolet for
00, 1 - Ford Tempo Sedan from Don
$20,180.46; seconded by Councilmember Collins for discussion.
Reid for $8,313.00 and 2 - Cavalier
Station Wagons from Ed Morse Chev-
Councilmember Collins questioned where the vehicles were to be
rolet for $20,180.46 - Director
located and was advised the vehicles will be assigned as
of Public Utilities (Exhibit 3).
follows:
1) 1/2 Ton Pickup goes to a Meter Reader;
2) 1/2 Ton Pickup goes to the Water/Sewer Maintenance
Supervisor;
3) 3/4 Ton Pickup goes to the Water Treatment Plant;
4) 3/4 Ton Pickup goes to the Wastewater Treatment Plant;
5) Tempo Sedan goes to the Utilities Director;
6) Station Wagon goes to the Water Treatment Plant;
7) Station Wagon goes to the Wastewater Treatment Plant.
The vehicles will be assigned to the areas as described with the
Station Wagon being used by the Water and Wastewater Plant
Supervisors the majority of the time.
Councilmember Collins asked does this take care of the vehicle
problem in the Utilities for awhile and was advised by
Administrator Drago that the Water/Sewer Maintenance will need
one additional vehicle, one additional vehicle for the assistant
if and when that person is hired, and there could be a
possibility of one larger sewer cleaning truck to handle some of
the maintenance problems that we cannot address now.
Mayor Kirk asked if someone could give the age and condition of
the vehicles that they proposed to replace and was advised by
Administrator Drago, Public Utilities Director Loftin, Sewer
Plant Supervisor Sorensen and Maintenance Supervisor Birts that
the Utility Department has spent a large amount of money on
repairs on the vehicles to be replaced which include:
May 5, 1992 - Regular Meeting - Page 8 of 12
G. NEW BUSINESS
COUNCILMFMBFRS ACTION
VOTE
YES
NO
kW
3. Continued . . . .
1) 1979 with major mechanical problems;
2) 1982 with major mechanical problems;
3) 1978 with major mechanical problems;
4) 1984 with major mechanical problems;
5) Two 1985 vehicles with major mechanical problems;
6) One vehicles that has been broken down and surplused.
Mayor Kirk commented that it is unfortunate that we are being
hit with seven vehicles instead of being able to spread them out
over a period of time. Four of these are being carried over
from last budget year. I hope that the Council and the
Departments can do a little better planning in the future as
they start to see the need for vehicles and not hit us with so
many at one time.
Councilmember Watford announced that he will have to abstain
from voting because he is employed by one of the companies that
put a bid in on these items.
Councilmember Collins asked if it was the consensus of the City
.��
Administrator and Utilities Director and everybody that works in
Utilities that we need all these vehicles and that we will not
need anymore vehicles until an Assistant Director is hired or
until we buy the bigger truck for line cleaning equipment?
Everyone agreed.
Vote on motion is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
*AB
TAI
ED
MOTION CARRIED.
*Conflict of Interest Form stating reason for abstaining was
signed by Councilmember Watford and filed in the Office of the
City Clerk.
M-1 G 1009 Doniilar Mcctinn _ Pana Q of 12
COUNCILMBMBFRS ACTION
VOTE
YES
NO
kW
G. NEW BUSINESS
4. Hear from Mr. Bill Reese regarding
Engineer Bill Reese of Reese Macon and Associates appeared before
Water Plant modifications - Mr. Bill
the Council stating that he was here tonight to report to the
Reese (Exhibit 4).
Council on the existing water plant improvement project.
The job went well, the final paper work is not yet done but the
job is done. We have had no change order requests and we do not
expect any. It was done on time in compliance with the Consent
Agreement with the Department of Environmental Regulation. I
have listened to this Council take a lot of "heat" on water
issues but I think it needs to be said that the City should be
congratulated for moving forward with this project. It has
saved dollars, it is going to reduce the amount of water wasted
at the plant and improve the water quality.
In recognition of that we have a press release that the City is
going to be recognized in at least two State technical journals
for what is going on here.
On the second page of your Exhibit Four there is a table. We
`r
did a comparison of chemical cost, from March of 1991 to March
of 1992. On that basis you can expect to reduce your chemical
cost to produce water from $0.26 per thousand gallons to $0.17
per thousand gallons that is about $73,000.00 per year. If you
combine the total cost, this job was $295,000.00.
The graph on the next page of Exhibit Four gives you somewhat of
an erratic quote of water savings that is resulting 'from a
better quality and better efficiency in the settling process.
The solids are coming out more effectively so you have to wash
filters less. That is going to indicate savings of something
like 140,000 gallons a day which is a pretty sizable amount for
I
the plant.
Mom„ C 1007 Dn-iilnr Mcct;nn - PAna in of 17
COUNCILMEMBERS ACTION
VOTE
kSENT
YES
NO
G. NEW BUSINESS
4. Continued
The last page of Exhibit Four gives you a plot of the turbidity,
measures of solids in the water. That shows you, the top line,
how we measure these things. For your reference, the number
average last year was about 2.2 turbidity units, this year
averages about .6 or .7. The Department of Environmental
Regulation requirement is that you have turbidity of 1 after
filtration so you are actually meeting their standard before it
even gets to the filter.
That plant is an old plant. There are ways to improve it. We
are going to be looking at them I am sure. But, this does look
well and I think the City deserves to be recognized for going
forward with it.
Councilmember Collins commented that basically what you are
saying is that, regarding the money, it took about $295,000.00
for the project; and around $75,000.00 a year is what we will be
saving; and in about four years the City will have the money
paid back for the cost of having the project done.
Council thanked Engineer Reese for his information.
5. Hear from Ms. Verna Bailey - Ms.
s. Verna Bailey appeared before the Council to express concerns
Verna Bailey (Exhibit 5).
about her utility account. Mrs. Bailey received a letter from
the City Public Utilities Direct notifying her that she owed the
City fifty dollars. (A deposit upgrade). The additional amount
as due not because she owed a bill, nor that she had not paid
her bill but because her account shows that she had been late
paying her bill three times in one year (June, July and August
f '1991), according to the City's records she said. Mrs.
ailey further stated she had not been late; she pays her bills
he fourth of every month; and she has the canceled checks to
+
rove it.
rs. Bailey explained that her water service was cut off on
April 30th after thirty days notice from the City, and
reiterated that she would pay the bill if she owed it but she
id not owe it and would not pay it have it (water) cut back on.
MAv ; 1G47 _ RPntilar MPPtinn _ PAnP 11 of 17
COUNCILMEMBERS ACTION
VOTE
YES
NU
G. NEW BUSINESS
5. Continued . . . .
She also stated that she had asked the Utility Department if she
could pay half of the seven hundred dollar sewer fee, and was
told no, she would have to pay the whole amount at once or that
she could have it added onto her water bill and pay it over a
five or six year period according to the City's Resolution.
After further discussion concerning: payment of half of the
seven hundred dollar sewer fee up front then payments on the
balance versus all on monthly payments only; the explanation of
the Utility Debt Service Charge; Water and Sewer Rates; the
wording of the City's deposit upgrade notification it sends to
the public; paying procedures by customer to the City; Utilities
Director Loftin was asked whether Mrs. Bailey was late as shown
on the billing and was told that the City's records indicate
that she was late as shown.
Mayor Kirk suggested Mrs. Bailey take or mail copies of her
records to Utilities Director Loftin who will then go over her
account to determine whether an error has been made and if so
the City will correct its error and write Mrs. Bailey a letter
of apology.
Mayor Kirk further advised that if Mrs. Bailey's check (records)
do not show different, (that the City is in error), then this
council has passed an ordinance that the Utilities Department
has to follow. If you (a customer) are late three times in a
year the City Utilities Department upgrades your deposit.
6. Hear from Mr. Marvin Wheeler - Mr.
Citizen Marvin Wheeler appeared before the Council regarding the
Marvin Wheeler (Exhibit 6).
status of a City/County meeting with the City/County Building
and Zoning Department representatives. It was explained to Mr.
Wheeler that the County was aware that the City is not pleased
with their enforcement of some of our Building and Zoning
Regulations and that a meeting for discussion of that subject
matter is definitely forthcoming as soon as those involved can
get together, possibly for Thursday. It will be a closed
meeting with both the City and County Administrators and both
the City and County Attorneys.
u., a 9[1[17 D,,.,�,i �.- Mon+inn _ PAMP 12 of 12
via J �» - ��c u - - -
COUNCILMEMBFRS ACTION
vvTE
YES
W
L. NEW BUSINESS
6. Continued . .
Administrator Drago was instructed by Mayor Kirk that if at all
. .
possible after the Building and zoning meeting at the next
(Council) meeting give Council a report on what happened at your
building and zoning meeting so the City Council will know what
direction this is headed in. Further, agreeing with Mr.
Wheeler, buy stating that if they (County) are not going to
enforce our zoning laws then we need to look at what we need to
do to correct it. Council agreed.
Mr. Wheeler also pointed out to Council his concerns regarding
the City's spending relative to personnel and personnel raises;
and questioned whether capital equipment purchasing of City
vehicles at this time was economically appropriate. He further
requested the City "think a little bit about spending money",
and expressed concerns not only for himself as a tax payer but
also for the elderly and disadvantaged.
Mayor Kirk thanked Mr. Wheeler for his input.
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 8:30 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-
CLUDWIWE TESTIMONY EVIDENCE UPON
WHI ,- APP IS D.
Jams '"rk, Mayor
Attest.
BonnieS. Thomas, CMC, City Clerk