1992-07-21 Regular MeetingIoilF OKEvc
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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
JULY 21, 1992 - 7:00 P.M.
Paae 1 of 13
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COUNCILMEMBERS ACTION
VOTE
YES
NO
NT
A. Call meeting to order July 21, 1992 at
Mayor Kirk called the meeting on July 21, 1992 at
7:00 P.M.
7:00 P.M.
B. Invocation offered by Rev. Bullington;
Invocation offered by Councilman 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
June 16, 1992; seconded by Councilmember Entry.
June 16, 1992.
Councilmember Watford requested that the June 16, 1992 minutes
be amended to include additional discussion in new business item
seven. Council approved minutes as amended.
-2,1- q 2. T(I&J- z 9 ►3
VOTE
D.
E.
Minutes Continued...:
Motion to approve warrant registers for
June, '1992:
General Fund ......... $173,101.01
Public Utilities ..... $604,127.75
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
F. OPEN PUBLIC HEARING FOR ORDINANCE
ADOPTION
1 a. Motion to read by title only,
Ordinance 646 - City Attorney
Exhibit 1).
COUNCILMEMBERS ACTION
YES 1 NO
Vote on motion is as follows:
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
Councilmember Watford made a motion to approve the Warrant
11992 of, General
Registers for the month of June, in the amounts
hundred one
Fund - one hundred seventy-three thousand, one
hundred
dollars, one cent ($173,101.01) and Public Utilities - six
dollars, seventy-five
four thousand, one hundred twenty-seven
($604,127.75); seconded by Councilmember Collins.
cents
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
Administrator Drago announced new business item nineteen has
been withdrawn from today's agenda.
Mayor Kirk opened the public hearing for ordinance adoption at
7:03 P.M.
Councilmember Watford made a motion to read Ordinance 646, by
title only; seconded by Councilmember Walker.
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
July 21, 1992 - Regular Meeting - Page 3 of 13
COUNCILM6MB6RS ACTION
VOTE
y6S
No
k-TNr
F. OPEN PUBLIC HEARING FOR ORDINANCE
ADOPTION
1 a. Continued . . .
Attorney Cook read Ordinance No. 646 as follows:
"AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING ARTICLE III, SECTION 11 PROVIDING FOR
CANDIDATE QUALIFICATIONS FOR ELECTION; PROVIDING CITY CANDIDATE
QUALIFYING DATES PRIOR TO THE GENERAL ELECTION DATES IN
OKEECHOBEE COUNTY; PROVIDING FOR AN EFFECTIVE DATE".
1 b. Motion to adopt Ordinance 646.
Councilmember Entry made a motion to adopt Ordinance No. 646;
seconded by Councilmember Collins.
1 C. Public Comment.
Mayor Kirk asked for comments from the public, there were none.
X
1 d. Vote on Motion.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
CLOSE PUBLIC HEARING
Mayor Kirk closed the public hearing at 7:05 P.M.
July 21, 1992 - Reqular Meetinq - Page 4 of 13
G. NEW BUSINESS
COUNCILMBMBFRS ACTION
VOTE
VES
NO
1. Motion to appoint Tommy Raulerson
Councilmember Collins made a motion to appoint Tommy Raulerson
as a new Police Officer - Police
as a new Police Officer; seconded by Councilmember Watford.
Chief.
Raulerson is to fill vacancy created by the resignation of
Officer Timothy Miller who resigned July 10, 1992.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
2. Motion to adopt Resolution 92-10,
Councilmember Collins made a motion to adopt Resolution 92-10,
authorizing execution of a Highway
authorizing execution of a Highway Landscaping Maintenance
Landscaping Maintenance Agreement -
Agreement; seconded by Councilmember Entry.
City Administrator (Exhibit 2).
Attorney Cook read the title to Resolution 92-10 as follows:
r
"RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING
47"
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA,
F�
DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE
DATE."
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
3. Motion to approve a contract between
Councilmember Collins made a motion to approve a contract between
the City and the Florida Department
the City and the Florida Department of Transportation for a
of Transportation for a Highway
Highway Maintenance Agreement in the amount of fifteen thousand
Maintenance Agreement in the amount
two hundred eighteen dollars, twenty-eight cents ($15,218.28);
of $15,218.28 - City Administrator
seconded by Councilmember Walker.
(Exhibit 3).
G.
July 21, 1992 - Regular Meeting - Page 5 of 13
VOTE
NEW BUSINESS
COUNCILMEMBERS ACTION
VES
NO
k-TNT
3. DOT Agreement Continued:
Vote on motion is as follows:
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
4. Motion to adopt Resolution 92-11,
establishing a Deferred Payment Plan
- City Administrator (Exhibit 4).
Councilmember Entry made a motion to adopt Resolution 92-11
establishing a Deferred Payment Plan; seconded by Councilmember
Collins.
Attorney Cook read Resolution 92-11 as follows:
"A RESOLUTION ESTABLISHING A DEFERRED PAYMENT PLAN FOR
WASTEWATER CUSTOMERS; PROVIDING AN EFFECTIVE DATE."
Following discussion Council agreed to delete number four in
Section Two and number three in Section Three of Resolution 92-
11; and that any current liens that are on the property be taken
off if the customers are paying for wastewater connection and
have not yet been connected.
Councilmember Collins withdrew his second, Councilmember Entry
withdrew his motion to adopt Resolution 92-11.
Councilmember Collins made a motion to adopt Resolution 92-11
establishing a Deferred payment Plan, amending Section Two to
delete number four and Section Three to delete number three;
seconded by Councilmember Entry.
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
y6S
NO
k_TNT
Councilmember Collins made a motion to approve a contract between
5. Motion to approve a contract between
the City and PMG Associates to
the City and PMG Associates to complete an evaluation of the fixed
complete an evaluation of the fixed
assets for the City in the amount of nine thousand, one hundred
assets for the City in the amount
dollars ($9,100.00); seconded by Councilmember Walker.
of $9,100.00 - City Administrator
(Exhibit 5).
Mayor Kirk and Councilmember Watford suggested that the City get
more proposals from other firms. Following further discussion
among Council and staff, vote was as follows:
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
6. Motion to approve an Option Agreement
Councilmember Collins made amotion to approve an Option Agreement
between the City and Nassau Power
between the City and Nassau Power Corporation; seconded by
Corporation - City Administrator
Councilmember Walker.
(Exhibit 6).
Mr. Phillip Cantner, vice president of Nassau Power Corporation
appeared before the Council explaining that his company, a sub-
sidiary of the Houston -based Falcon Seaboard Power Corporation,
is asking for a three year option to purchase the majority of
the one hundred fifty-one (151) acre plot of land in the
northeast section owned by the City. Nassau Power Corporation
plans to appear before the Public Service Commission next month
to present testimony in favor of building a natural gas -fired
combined cycle power plant. The plant is proposed to be a 450
megawatt plant to supply Florida Power and Light with its power
needs after 1998. The plant would allow for the addition of 450
megawatts at a later date.
Administrator Drago explained the option agreement requires
Nassau Power Corporation to pay the City twenty thousand dollars
($20,000.00) for the option the first year; an additional twenty
thousand dollars ($20,000.00) the second year; and twenty-five
thousand dollars ($25,000.00) the third year. Within ninety
days of the agreement, Nassau can cancel the option agreement.
The agreement calls for a refund of ten thousand dollars
($10,000.00) should this occur.
July 21, 1992 - Regular Meeting - Page 7 of 13
G. NEW BUSINESS
COUNCILMFM$FRS ACTION
VOTE
YES
W
KW
6. Option Agreement Continued:
This agreement only ties up the land for possible purchase at a
future date at five thousand dollars ($5,000.00) an acre. It
grants the City easements to the proposed water treatment plant
and wells.
Vote on motion is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
7. Motion to approve advertising a 15%
Councilmember Entry made a motion to approve advertising a fifteen
increase in the roll -back property
percent increase in the roll -back property tax rate; seconded by
tax rate - city Administrator
Councilmember Watford.
CP (Exhibit 7).
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
8. Motion to approve September 8 and 22
Councilmember Entry made a motion to approve September 8 and 22
as the regular City Council Meeting
as the regular City Council meeting dates; seconded by
dates - City Administrator
Councilmember Watford.
(Exhibit 7).
KIRK
X
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
July 21, 1992 - Regular Meeting - Page S of 13
COUNCILMEMBFRS ACTION
VOTE
YES
W
G. NEW BUSINESS
Councilmember Collins made a motion to approve a contract between
9. Motion to approve a contract between
the City and Edens Construction Co.
the City and Edens Construction Company for the Community
for the Community Development Block
Development Block Grant Project in the amount of four hundred
Grant Project in the amount of
ninety-three thousand, one hundred thirty-eight dollars and fifty
$493,138.50 - Director of Public
cents ($493,138.50); seconded by Councilmember Watford.
Utility (Exhibit 8).
X
KIRK
X
COLLINS
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
10. Motion to award chemical bids to
Councilmember Collins made a motion to award chemical bids to
Apperson Chemical for $99,770.00,
Apperson Chemical for ninety-nine thousand, seven hundred seventy
Bower Ammonia and Chemical for
dollars ($99,770.00), Bowers Ammonia and Chemical for five
$5,200.00, Harcross Chemicals for
thousand, two hundred dollars ($5,200.00), Harcross Chemicals for
$10,308.00, Jones Chemicals for
ten thousand three hundred eight dollars ($10,308.00), Jones
$40,137.00, and RB & S Chemical for
Chemicals for forty thousand one hundred thirty-seven dollars
$1,188.00 - Director of Public
($40,137.00), and RB & S Chemical for one thousand one hundred
Utilities (Exhibit 9).
eighty-eight dollars ($1, 188. 00) ; seconded by Councilmember Entry.
X
KIRK
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
11. Motion to approve the final pay
Councilmember Entry made a -motion to approve the final pay request
request to Censtate Contractors,
to Censtate Contractor, Inc. for thirty-eight thousand, nine
Inc. for $38,912.00 - Director of
hundred twelve dollars ($38,912.00); seconded by Councilmember
Public Utilities (Exhibit 10).
Collins.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Juiv 21 1992 - Regular Meeting - Pane 9 of 13
G. NEW BUSINESS
COUNC;ILMEMBERS ACTION
VOTE
YES
NO
Councilmember Watford made a motion to read by title only, and
12. a. Motion to read by title only,
and set August 18, 1992 as a public
set August 18, 1992 as a public hearing date, Ordinance 647
hearing date, Ordinance 647 closing,
closing, vacating and abandoning an alley (located in Block 107,
vacating and abandoning an alley —
City of Okeechobee); seconded by Councilmember Collins. (Alley
City Attorney (Exhibit 11).
Closing Application.No. 38).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY, STREET
OR ALLEYWAY AS RECORDED IN PLAT BOOK 5, PAGE 5, PIIBLIC RECORDS,
OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THAT ALLEY IN BLOCK 107
AS IT RUNS FROM NORTHWEST 2ND AVENUE TO NORTHWEST 3RD AVENUE
BETWEEN LOTS 1-6 AND LOTS 7-12, LOCATED WITHIN THE CITY OF
OKEECHOBEE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE
r1
IN THE PIIBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AND EFFECTIVE DATE."
12 b. Motion to approve the first
Councilmember Watford made a motion to approve the first reading
reading of Ordinance 647.
of Ordinance 647; seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
RECESS:
Mayor Kirk called for a recess at 8:05 P.M. and reconvened the
meeting at 8:10 P.M.
July 21, 1992 - Regular Meeting - Page 10 of 13
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
YES
NO
JBSEW
13. Consider a request from Mr. Rucker
Following discussion among Council, Mr. Rucker Wilcox and Staff
Wilcox for a sewer line extension -
concerning a sewer line extension to Northwest 9th Avenue,
Mr. Wilcox (Exhibit 12).
Councilmember Walker made a motion for Mr. Wilcox to meet with
Director Loftin; Mr. Wilcox will extend the sewer line to the
two corner lots toNorthwest 3rd and 9th; and the City will pay
up to one thousand dollars ($1,000.00) for materials; seconded
by Councilmember Entry.
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
14. Consider a request to change the
Sister Emma Johnson was not present at the meeting, Council
name of Northwest 9th Avenue to
withdrew with item until Sister Johnson could be present.
Dean Avenue - Sister Emma Johnson
..�
(Exhibit 13).
15. Consider an appointment to the Code
Councilmember Watford made a motion to appoint Mr. Noel Chandler
Enforcement Board - City
to the Code Enforcement Board; seconded by Councilmember Collins.
Administrator (Exhibit 14).
This appointment fills the vacancy created by the resignation of
Donald Clements who resigned on June 9, 1992. Council expressed
its appreciation to Mr. Clements who served the City in this
capacity for seven years.
X
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
MOTION CARRIED.
lul v 21 .1992 - Requl a fvieeti ng - Page ) o� � 3
COUNCILMFMBFRS ACTION
VOTE
YES
NO
G. NEW BUSINESS
16. Hear from Mr. Doug Leonard regarding
Mr. Doug Leonard, of the Central Florida Regional Planning Council
the City contribute
,
the Transportation Disadvantage
appeared before the City Council requesting
dollars ($5,000.00) toward the
Program - Mr. Doug Leonard
approximately five thousand
(Exhibit 15).
Transportation Disadvantaged program.
Following discussio-n among Council, Mr. Leonard and Staff, Mr.
Leonard stated he did not need an answer on the matter tonight.
Council thanked Mr. Leonard and will investigate the possibility
of contributing some money to the program; and requested Mr.
Leonard come back to the next Council meeting.
17. Hear from Mr. Andy Rubin (Exhibit
Mr. Andy Rubin, President of Okeechobee City/County Tax Payers
16).
Association appeared before the Council explaining to them some
Tax
concerns that have been brought to the attention of the
Payers Association which include:
1) working with the County on cleaning out the ditches and
j
it7
canals for better drainage and prepare for the heavy rains.
I
2) Working with the County on developing a City and County
united Public Utilities Department.
3) An alley that was cleaned out by the Public Works
Department but now the garbage truck cannot drive down the
alleyway when it is wet, he requested shell be placed in
the alleyway.
4) Asked whether there would be an increase in debt service,
and was told by Administrator Drago, that it will increase
when the City borrows more money; and Mr. Rubin expressed
concerns for people who have fixed incomes.
5) Mr. Rubin also thanked the Council for putting the option
on the City's property, saying that if the power plant is
!
built it would create a very good tax base for Okeechobee
County.
Council thanked Mr. Rubin for his time and report.
July 21, 1992 - Regular Meeting - Page 12 of 13
COUNCILMEMBERS ACTION
VOTE
VES
G. NEW BUSINESS
18. Hear from Mr. Marvin Wheeler - Mr.
Mr. Marvin Wheeler appeared before the Council requesting
Marvin Wheeler (Exhibit 17).
information concerning complaints on the Building and Zoning
Department. Mayor Kirk reported that the sixty days they gave
the County to make the necessary changes to enforce City codes
is not up yet. Mr. Wheeler also addressed the Council
concerning expenses for vehicles.
19. Hear from Mr. Mike Morell -
Item was withdrawn from the agenda.
Mr. Mike Morell.
20. Discuss sales in the Park -
Councilmember Collins requested sales in the parks be placed on
Councilmember Collins.
the agenda for the Council to discuss because the subject had been
mentioned to him from some of the South Park Street business
owners. Councilmember Collins expressed that he felt the only
citizens or organizations allowed to use the parks should be
those who use the profits to make the community better (such as
`n
the Chamber of Commerce, Lions Club, etc.), not for their own
organizational needs.
Councilmember Watford stated that Churches are non-profit and he
felt any non-profit organization should be allowed to use the
parks.
Mayor Kirk cautioned Council by stating we should think about
this carefully because a lot of good is being done here (in the
community) by a lot of non-profit clubs and organizations.
No official action was taken on this item.
July 21, 1992 - Regular Meeting - Page 13 of 13
COUNCILMEMBFRS ACTION
VOTE
YES
NO
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 9:50 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
WHI E APPEAL IS BASED.
JOO E. Kirk, Ma or
Attest:
Bonnie Thomas, CMC, City Clerk