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1992-08-18 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 AUGUST 18, 1992 - 7:00 P.M. SUMMARY OF COUNCIL ACTION Paqe 1 of 10 COUNCILMFMBERS ACTION vvtE YES NO NT A. Call meeting to order August 18, 1992 at Mayor Kirk called the meeting on August 18, 1992 at 7:00 P.M. 7:00 P.M. to order. B. Invocation offered by Rev. Tweedale; Invocation offered by Reverend Bill Tweedale; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council attendance: r.� 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 July 21, 1992; seconded by Councilmember Entry. July 21, 1992. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Au4ust 18, 1992 - Regular Meeting - Page 2 of 10 COUNCILMEMBERS ACTION VOTE YES NO KW Councilmember Watford made a motion to approve the Warrant E. Motion to approve warrant registers for July, '1992• Registers for the month of July, '1992 in the amounts of, General Fund - four hundred sixty thousand, one hundred two dollars, General Fund.........$460,102.44 forty-four cents ($460,102.44) and Public Utilities - seven Public Utilities.....$790,357.94 hundred ninety thousand, three hundred fifty-seven dollars, ninety-four cents($790,357.94); seconded by Councilmember Entry. X KIRK X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR Administrator Drago announced new business items five and ten have WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. been withdrawn from today's agenda. G F. OPEN PIIBLIC HEARING FOR ORDINANCE Mayor Kirk opened the public hearing for ordinance adoption at ADOPTION 7:06 P.M. 1 a. Motion to read by title only, Councilmember Collins made a motion to read Ordinance 647, by Ordinance 647 - City Attorney title only; seconded by Councilmember Watford. Exhibit 1). X KIRK X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. Attorney Cook read Ordinance No. 646 as follows: "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 IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." Auqust 18, 1992 - Reqular Meetinq - Page 3 of 10 F. PUBLIC HEARING CONTINUED COUNCILMEMBERS ACTION VOTE YES NO kW 1 b. Motion to adopt Ordinance 646. Councilmember Entry made a motion to adopt Urainance Ro. ; seconded by Councilmember Collins. Councilmember Watford asked City Clerk Thomas if all fees had been paid? Clerk Thomas answered yes. Councilmember Watford further commented that this was another unique circumstance, the County owns the entire City block and the Rehabilitation building was built across the alley several years ago. 1 C. Public Comment. Mayor Kirk asked for comments from the public, there were none. 1 d. Vote on Motion. KIRK X "j COLLINS X ENTRY X WALKER X " WATFORD X MOTION CARRIED. CLOSE PUBLIC HEARING Mayor Kirk closed the public hearing at 7:08 P.M. G. NEW BUSINESS 1. Proclaim August 17-21 as "Water Mayor Kirk read the Proclamation in its entirety as follows and and Pollution Control Operators presented it to Mr. Clyde Long, representing the City's Week" — Mayor Kirk. Water Treatment Plant and Mr. Harold Mounts, representing the City's Wastewater Treatment Plant: WHEREAS, the health and welfare of our residents are of vital state and national concern; and WHEREAS, the Florida Water and Pollution control Operations Association is a statewide organization dedicated to maintaining water quality in Florida; and August 18, 1992 - Regular Meeting - Page 4 of 10 G. NEW BUSINESS COUNCILMEMBERS ACTION VOTE .vEs NO kTNT- 1. Proclamation continued: WHEREAS, these trained, dedicated, and knowledgeable operating personnel maintain water and wastewater plants throughout the State of Florida; and WHEREAS, the Operators Association conducts operating training throughout the State at the 12 regional levels and acts as liaison between the Department of Environmental Regulation (DER) and operators in the field; and WHEREAS, and the Association reviews and assists in supervising State certification examinations and coordinates the statewide plan operations awards program with DER; NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim August 17-21, 1992, as "WATER AND POLLUTION CONTROL OPERATORS WEEK" in Florida and urge all residents to join in saluting the contributions of these persons to the improved water and sanitation conditions of our state. V 2. Motion to appoint Herb Smith and Councilmember Collins made a motion to appoint Herb Smith and Gerald Williams as regular fire Gerald Williams as regular firefighters; seconded by Council - fighters - Fire Chief. members Entry and Watford. KIRK X X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. 3. Hear from the Pension Boards - Mr. Mr. Scott Christiansen of Sarasota, representing the City Fire, Scott Christiansen (Exhibit 2). Police and General Employees Pension Board, explained to the Council and those present that his purpose here was to make recommendations to update the current ordinances for the Pension Boards and to increase the City `s contributions to Police and Fire Pension Funds. COUNCILMEMBERS ACTION YES I NO G. NEW BOSINESS 3. Mr. Christiansen continued: 4. Motion to adopt Resolution 92-12 - City Administrator/Bond Counsel (Exhibit 3). Three ordinances were eviseenclosed currentexhibit ordinances concerning Fire, Council consider that would r Fire, Police and General Employees Pension Boards. Council discussed the recommendations and whether there is money in the budget to cover the recommendations. h this There was no officialhbudget to ascertain if here would betaken. Council will cmonies when discussing the b g to cover the recommendation to increase contribution to the Fire and Police Pension Funds. Councilmember Collins made Ea motion to adopt Resolution 92-12; seconded by Councilmember Upon Mayor Kirk's request Councilmember Entry withdrew his second to the motion and Councilmember Collins31w and 32 have motion. Mayor Kirk explained that new pihdrew his ages 309 been inserted and should be reflected in the motion. dopt Resolution 92-1 ,1 and 32; seconded b Councilmember Collins with the changes Indic Councilmember Entry. made a motion to ted in pages Council and staff discussed Drago authorization to "go that this only gives Administrator shopping" for a price. Attorney Cook read Resolution 92-12 by title only as follows: ^A RESOLIITION OF THE CITY COUNCIL OFFTHE CITY OF ITS OIITSTANDINGYWATEgBAND FLORIDA AUTHORIZING THE REFUNDING SEWER REFUNDING AND IMPROVEMENT KEgg REVENUE BONDS, SERIES 1987 AND THE ACQIIISITION OF ADDITIONS,TENSIONS AND IMPBO EKENTS TO THE NG THE ANCE OF WATER AND SEWER SYSTEM OF THE EATERY AND TSEWER IREFUNDING IIREVENUE NOT EXCEEDING $5,000,000. BONDS, SERIES 1992A AND NOT EXCEEDING $ , 5 U, PROVIDING ANDSEVEN ETHE WkTE IMPROVEMENT REVENUE BONDS,HOLDERS OF PAYMENT THEREOF; PROVIDING OTHER THE RIGHTS C COVENANTS OF AND E AGREEMENTS TII� BONDS; HAYING CERTAIN CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS; Auoust 1F3_ 1997 - RPnI1lAr Maatinn - Pana F, of in G. NEW BUSINESS COUNCTLMFMBFRS ACTION VOTE YES NO 4. Resolution 92-12 continued: ADOPTING A BOOK -ENTRY SYSTEM OF REGISTRATION FOR THE BONDS AND AUTHORIZING EXECUTION AND DELIVERY OF A BOOK ENTRY AGREEMENT; AUTHORIZING EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT FOR THE 1992A BONDS; EXERCISING THE RIGHT OF THE CITY UNDER RESOLUTION NO., 87-1, AS AMENDED TO RELEASE CERTAIN PLEDGED REVENUES THEREUNDER; AMENDING RESOLUTION NO. 87-1, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE." Councilmember Watford requested that the Council be provided with a complete summary of outstanding bonds, any additional projects; and how the other bonds have been spent, before the bond issuance takes place. Council agreed for Administrator Drago to supply that information. Vote on motion: KIRK X COLLINS X ENTRY X WALKER X �r WATFORD X MOTION CARRIED.-1 5. Motion to adopt Resolution 92-13 - Item withdrawn from agenda. City Administrator/Bond Counsel (Exhibit 4). 6. Motion to retain DeSantis, Cook, Councilmember Watford made a motion to retain DeSantis Cook, Gaskill, McCarthy and Hunston as Gaskill, McCarthy and Hunston as Co -Counsel for the Sharp Co -Counsel for the Sharp Litigation Construction Litigation and that the City Attorney keep the City - City Attorney. Council updated on the status and cost; seconded by Councilmember Collins. This action formally retains the firm to finish the lawsuit. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. August 18, 1992 - Regular Meeting - Page 7 of 10 G. NEW BUSINESS COUNCILMEMBERS ACTION VOTE YES NO kw 7. a. Motion to read by title only, Councilmember Entry made a motion to read by title only, and set and set September 9, 1992 as a September 9, 1992 as a Public Hearing date, Ordinance 648; Public Hearing date, Ordinance 648 Ordinance seconded by Councilmember Watford. — City Attorney (Exhibit 5). KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance 648 by title only as follows: "AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 15, ARTICLE I, SECTION 15- 1 TO PROVIDE FOR A TAX ON EACH AND EVERY PURCHASE , IN THE CITY, OF ELECTRICITY, BOTTLED GAS (NATURAL OR MANUFACTURED) AND LOCAL TELEPHONE SERVICE. ALL IN ACCORDANCE WITH FLORIDA STATUTES, CHAPTER 166.231; PROVIDING AN EFFECTIVE DATE." C� 7. b. Motion to approve the first Councilmember Watford made a motion to approve the first reading reading of Ordinance 648. of Ordinance 648; seconded by Councilemmber Entry. Councilmember Collins made a motion to table until next meeting in order to discuss this with the budget; seconded by Councilmember Walker. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION DENIED. Vote on original motion to approve first reading: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. August 18, 1992 - Regular Meeting - Page 8 of 10 VOTE G. NEW BUSINESS COUNCILMEMBERS ACTION YES 8. Motion to approve the rank order of Councilmember Watford made a motion to approve the ranking of auditing firms and authorize the auditing firms and authorize the Administrator to begin City Administrator to begin negotiations with the firms; seconded by Councilmember Collins. negotiations with the firms - City Administrator (Exhibit 6). Councilmember Watford made an amended motion to the motion to approve the ranking of auditing firms and authorize the Administrator to begin negotiations with the firms; and to include the Finance Director in on the negotiations with the firms; seconded by Councilmember Walker. KIRK X COLLINS X ENTRY X WALKER X WATFORD X AMENDED MOTION CARRIED. Vote on original motion: KIRK X W COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 9. Consider a request to change name of Northwest 9th Avenue to Dean Avenue Sister Emma Jackson appeared before the Council requesting the Deans' Court Subdivision that Northwest 9th Avenue also be - Sister Emma Jackson (Exhibit 7). officially known as "DEAN AVENUE" in memory and honor of the Dean Family. Councilmember Entry made a motion to add the name DEAN AVENUE under Northwest 9th Avenue as requested; seconded by Councilmember Collins. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. August 18. 1992 - Reqular Meeting - Page 9 of 10 G. VOTE COUNCILMEMBERS ACTION YES NO kW NEW BUSINESS 10. Hear from Mr. Doug Leonard regard- Item was withdrawn from agenda. ing the Transportation Disadvantage Program - Mr. Doug Leonard (Exhibit 8). 11. Hear a request from the Okeechobee Mr. Keith McCormick appeared before the Council explaining that Model Airplane Club to use the he had met with Public Utilities Director Loftin and if the Wastewater Treatment Plant Site for Council approves the Okeechobee Model Airplane Club would use the Flying Activities - Director of Wastewater Treatment Plant Site for Flying Activities on a trial Public utilities (Exhibit 9). basis for six weeks. The club will supply the City proof of insurance. Councilmember Watford asked if the club would sponsor "Fly- In's"? And if our wastewater treatment plant is adequate for the clubs needs? Director Loftin explained, the Plant Supervisor gave Mr. McCormick a tour, the club will use the back side of the property (Northwest Corner), away from the City's activities. If the trial period works out the club wants to pave a small strip to use as their runway. Councilmember Entry made a motion to let the Okeechobee Model Airplane club have the trial period; seconded by Councilmember Collins. KIRK X X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. 12. Hear from Mr. Marvin Wheeler - Mr. Mr. Marvin Wheeler appeared before the Council expressing his Marvin Wheeler (Exhibit 10). concerns on the Debt Service Fee and the water authority with the County. August 18, 1,992 - Regular Meeting - Page 10 of 10 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 INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH IN— CLUDES THE TESTIMONY AND EVIDENCE UPON WHICH E APPEAL IS BASED. f J E. Kirk, yor Attest: Bonnie S. Thomas, CMC, City Clerk COUNCTLMEMBFRS ACTION VOTE YES NO Mayor Kirk adjourned the meeting at 9:05 P.M.