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1992-10-06 Regular MeetingI��I F OKEEC 1 O y0 �� �OR10'fff 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 OCTOBER 6, 1992 — 7:00 P.M. SUMMARY OF COUNCIL ACTION D om .... I .. C 7 COUNCILMEMBERS ACTION VOTE YES NO Nr Mayor Kirk called the meeting of October 6, 1992 to A. Call Meeting of October 6, 1992 to order at 7:00 P.M. order at 7:00 P.M. B. Invocation offered by Rev. Anton Jensen; Invocation offered by Councilmember 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 Lane Gamiotea Present X D. Motion to dispense with reading and Mayor Kirk announced that the minutes of the September 22, 1992 approve the Summary of Council Action regular meeting will be deferred for approval at the next regular for the Regular Meeting of September meeting, October 20, 1992. 22, 1992. nr-tnhar A 1QQ2 _ PpnlllAr Maatinn - Paop 2 of 7 REQUEST FOR T1 WITHDRAWAL OF E. NEW BI 1. A moti as a i Direct 2. Consid applic City C VOTE COUNCILMEMBERS ACTION yES NO k-TNT X ADDITION, DEFERRAL OR ITEMS ON TODAY'S AGENDA. None. 'SINESS on to appoint Mr. Kevin Timko Councilmember Collins made a motion to appoint Mr. Kevin Timko as egular water plant operator — a regular employee, water plant operator; seconded by Councilmember or of Public Utilities. Entry. Following brief discussion, vote on motion is as follows: KIRK COLLINS ENTRY WALKER WATFORD X X X XX MOTION CARRIED. er an alley closing Councilmember Entry made a motion to accept the application (#40) ation from United Feed — from United Feed Co—op to close a portion of an alley in Block lerk (Exhibit 1). 59, Lots 4 and 14 through to Lots 10 and 20; and to close the entire alley in Block 60 all in the City of Okeechobee. And instruct the attorney to draft an ordinance for Council's consideration at the next meeting October 20, 1992); seconded by Councilmember Walker. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Ortoher 6. 1992 - Renular MPetinn - PanP 3 nf 7 VOTE E. NEW BUSINESS COUNCILMEMBERS ACTION YES NO �MNT Councilmember Collins made a motion to approve the agreement 3. Consider a request to use an alley from United Feed - City Administrator (Exhibit 2). between the City and United Feed Co-op to use a portion of an alley in Block 61, Lots 1 and 11 through to Lots 2 and 12 City of Okeechobee; and if they want to build a permanent structure they have to come back to the City for permission; seconded by Councilmember Entry. Council and staff discussed briefly a set of preliminary plans indicating the retention ponds and flowing areas United Feed Co- op are proposing in order to meet South Florida Water Management District regulations. Public Works Director Elders commented that this would not affect any drainage in that area of the City. (Permission for use of this alley or any alley is provided by a letter of agreement stipulating certain requirements of the City and is signed by officers of the City and the requestee when approved by action of the City Council.) KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 4. Discuss additions to the Water Distribution Master Plan - Director of Public Utilities (Exhibit 3). The engineering firm, Reese, Macon and Associates, who are contracted by the City to implement the Water Distribution System Master Plan have found "pockets" in the system that the hydraulic model did not, which was explained at the last Council meeting by Engineer Reese as being not uncommon. The recommendation of the engineer is to add the two projects, Southeast section and Douglas Park, that are outlined in exhibit three to the water distribution master plan. Engineer Reese estimates the construction for the two projects to be $185,000.00. Engineering fees for this work is approximately 6.5% of the construction costs ($12,025.00). October 6, 1992 - Reqular Meetinq - Page 4 of 7 E. VOTE NEW BUSINESS �OUNCILMEMBERS ACTION YES 4. Water Distribution Master Plan: Public Utilities Director Loftin recommended that the two projects be approved as part of the master plan. Further explaining both projects are intended to solve recognized problems within the existing service area, and are within the budgetary limits of the proposed bond issue. Director Loftin came to the podium and answered questions from the Council concerning the request and his memo to Council, exhibit three. Councilmember Collins made a motion to add the Southeast section project and the Douglas Park project to the Water Distribution Master Plan as recommended by Engineer Reese and Director Loftin; seconded by Councilmember Entry. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. i. Hear from Judy Huffman — Judy Huffman (Exhibit 4). Judy Huffman appeared before the Council on behalf of the bar owners in the City, requesting that they receive the same opportunity as the County bar owners receive in being able to stay open until 2:00 A.M. ten nights a year and four nights for the rest of the '92 year. Further explaining that when the County bar businesses stay open and the City businesses close up at 12:00 P.M. the customers drive down the road into the County and the City businesses are losing out on the opportunity that is allowed to the County business owners. Council felt the City business owners should be allowed this privilege and instructed Attorney Cook to draft an amending ordinance permitting the ten nights a year and four nights for he rest of '92 and bring it back to the Council for consideration. Councilmember Watford commented that this only is the beginning f this process, that a public hearing will also have to be held. Further commenting that he felt the City's ordinance should state hat particular dates the City bar business owners are choosing to stay open until 2:00 A.M. October 6, 1992 - Regular Meeting - Page 5 of 7 E. NEW BIISINESS COUNCILMEMBERS ACTION VOTE YES NO kW 6. Update on the talks concerning Mayor Kirk addressed the Council explaining the progress from the Public Utilities and an Authority - meetings he has had with County Commission Chairman Charlie Mayor Kirk. Harvey and Okeechobee Beach Water Association representative Jack Coker concerning public utilities. Continuing that parties involved have been very honest in their meetings and have progressed with the idea of trying to find a joint venture of a utility authority that everyone would be happy with. They (Kirk, Harvey and Coker) have concluded that the County and City proceed to attempt to become partners in the public utility business. Mayor Kirk continued further, that the County is willing to address the issue of equity that we have talked about on a number occasions. They are willing to do this by selecting three consultants that have done this type of work before to determine the value of the system. Of the three we (the City) would select the one that would do the work and the County would pay for it. The one thing that we would not argue with, once it was done, we would not debate the value. If this comes back at $7 million ,. dollars, for example. Then at that point if we think that is too high or to low we would just have to pull out and say I am sorry, there is no direction for us to go in here or if the County felt like that, at that point they would pull out, and say, we are going our way, you go yours. But we do not want to get into a battle over that one thing. If this study comes back then, if the equity is within a dollar range that we and the County both can accept we will proceed in talks. What we are proposing at this point is whatever that equity is, let's say the equity is $7 million dollars. The County would enter into an agreement with us to pay us $3-1/2 million. We would continue status quo until which time they paid that. Right now the discussion is more in the line of we will pay this in a two or three year period. In other words there would be maybe three installments to us of equal amounts. Once they bought into this equity they would become partners with us, then everything would have to move in a different direction. Keeping in mind that if we say we are interested, there is a tremendous amount of work that has to be done here. As far as verbage and I have concerns for our people; and making sure we protect our people. October 6. 1992 - Reoular Meetino - PaoP 6 of 7 COUNCILMFMBfRS ACTION VOTE YES E. NEW BIISINESS 6. Mayor Kirk on public utilities: Mayor Kirk publicly thanked Commissioner Harvey and Jack Coker for the time they have spent with him and for doing this in a professional manner, being courteous, but honest. We were fortunate enough to be in a room were it was just the three of us and we did not have to worry about somebody misquoting us or anybody else's personality getting involved. It was just the three of us. It has been very productive. I am very excited that ;;e have gotten this far. Mayor Kirk stated to the Council, I would encourage you to let me take back to them an answer to go ahead, find the three firms and let's move in a direction to see what the value is. Then we would come to a point were we would have to make a decision and so would they. It should not be very long in coming. Then it would take a long time to work everything out. It is not something that is going to happen in two or three weeks or two or .2 three months because there are too many things that both parties Y would be concerned with and we are doing what is best for the City. The main advantage here is, if we can work this out to benefit both us and the County, there is going to be a much broader base as far as people to serve. Whatever grant monies are available and a much larger base to spread out any kind of a debt service that would have to be spread out. At the same time it would help us; and I feel, be an easy way for the County to get into the business. Mayor Kirk again encouraged the Council to say "go ahead, let's let the County pick three consultants. Present the information to us. We will look at them, we will select one. Note, this would leave OBWA on their own at this present time, and that is what they chose. Further stating that what essentially would happen at some future date is that there would be a board comprised of equal number of people appointed by the City and by the County, they would run the utilities. That is what the final goal would be. Mayor Kirk asked the Council for comments. October 6. 1992 - Reoular Meetinq - Pa4e 7 of 7 cOUNCILM6MB6RS ACTION VOTE VFS W E. NEW BUSINESS 6. Mayor Kirk on public utilities: Councilmember Collins commented that he had spoken with 1 Commissioner Harvey and he understood it to be the County could pick the three consultants and the City pick the one consultant, or the City could pick the three consultants and the County pick the one consultant, but either way the County would pay for it. He further stated that he did not have any objections to this. Councilmember Entry stated -he had no problem with it. I Councilmember Watford expressed his only concern is, this will be the third professional study of some description. But it seems to me we have not addressed the one issue, what direction is best here? If an authority is the way to head or to me, a "partnership" sounds better. He further commented that since the County was willing to pay for it, go ahead. Councilmember Walker commented he had no objections. Mayor Kirk thanked the Council and stated he would keep them updated with what is going on in this matter. ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 7:50 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- CLUD$ THE TESTIMONY AND EVIDENCE UPON WH T $.AP A.L.IBASED. Ja��-E. Kirk,'Mayor Attest: Bonniel:S-. ,Thomas, CMC, City Clerk