1992-10-20 Regular Meeting11 OKEE _
.0 T:
C I T Y O F 0 Y 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 20, 1992 — 7:00 P.M.
SUMMARY OF COUNCIL ACTION
A. Call Meeting of October 20, 1992 to
order at 7:00 P.M.
B. Invocation offered by Councilman Watford;
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.
M Staff attendance:
Attorney John R. Cook
Administrator John J. Drago
Clerk Bonnie S. Thomas
Deputy Clerk Lane Gamiotea
D. Motion to dispense with reading and
approve the Summary of Council Action
for the Regular Meeting of September
22, 1992 and the Regular Meeting of
October 6, 1992.
COUNCILMEMBERS ACTION
Mayor Kirk called the meeting of October 20, 1992 to
order at 7:00 P.M.
Invocation offered by Councilmember Dowling R. 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
and approve the Summary of Council Action for the regular meeting
of September 22, 1992 and the regular meeting of October 6, 1992;
seconded by Councilmembers Entry and Watford.
KIRK
COLLINS
ENTRY
WALKER
WATFORD
MOTION CARRIED.
Page 1 of 10
VOTE —�
YES 1 NO
nrtnhar 9n 1QQ9 _ Pamilar Maatinn - Pana i of Im
COUNCILMEMBERS ACTION
VOTE
YES
W
fZW
Councilmember Watford made a motion to approve the warrant
E. Motion to approve warrant registers for
September, 1992:
registers for September, 1992 for General Fund, two hundred eighty-
one thousand nine hundred sixty-eight dollars and fifty-eight cents
General Fund ....... $281,968.58
($281,968.58) and Public Utilities Fund, three hundred seventy-one
Public Utilities...$371,791.75
thousand seven hundred ninety-one dollars and seventy-five cents
($371,791.75); seconded by Councilmembers Collins and Walker.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
None.
F. OPEN PUBLIC HEARING FOR FINAL ORDINANCE
Mayor Kirk opened the public hearing for final ordinance adoption
�v
ADOPTION
at 7:03 P.M.
1. a. Motion to read by title only,
Councilmember Watford made a motion to read by title only,
Ordinance 652 closing N-S alley of
Ordinance No. 652 closing N-S alley of Block 30, First Addition
Block 30, First Addition to South
to South Okeechobee; seconded by Councilmember Entry. (New
Okeechobee - City Attorney
Horizons - Application No. 39)
(Exhibit 1).
Attorney Cook read Ordinance No. 652 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY, STREET
OR ALLEYWAY AS RECORDED IN PLAT BOOB 1, PAGE 17, PUBLIC RECORDS,
OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THAT ALLEY IN BLOCK 30,
FIRST ADDITION TO SOUTH OKEECHOBEE, AS IT RUNS IN BETWEEN LOTS 1-
6 AND LOTS 7-12; ALL 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."
b. Motion to adopt Ordinance 652.
Councilmember Entry made a motion to adopt Ordinance No. 652;
1seconded by Councilmember `Talker.
n,+nknr 9n 1009 _ PamjlAr Maatinn - PAnP 3 Of 10
COUNCILMEMBERS ACT70N
VOTE
VES
W
F. PUBLIC HEARING CONTINUED
C. Public Comments.
Mayor Kirk asked for comments and/or questions.
Councilmember Collins commented that all this ordinance does is
close the alley, nothing further.
Councilmember Watford commented that he thinks the applicant
(Robert March representing New Horizons) understands there are
other issues that have to be addressed.
Citizen Roger Jones addressed the Council stating that he was not
opposed to the alley being closed but was opposed to the project
that was proposed for the residential area.
Clerk Thomas announced that thirty-five certified letters were
sent out to property owners. We received two phone calls; one
(Dale Ann Underhill owner of Lots 6 and S 1/2 of 5, Block 31)
objected to the project, and one (Matt Seder owner of Lots 1-4,
Block 25) objected to the project and the alley closing.
Mr. Robert March responded to Mr. Jones's comments explaining at
length the environmental studies, HRS funding and the proposed
type of building structure.
Attorney Cook explained to the Council the research he has been
involved in with this project concerning zoning and that the
City's Comprehensive Plan would have to be amended due to the
designated zoning in the Future Land Use Map.
Councilmember Watford also commented that this is a unique
situation with the property owners (applicants) owning the entire
City block.
d. Vote on Motion,
KIRK
X
OLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
OTION CARRIED.
CLOSE PUBLIC HEARING
Mayor Kirk closed the Public Hearing at 7:25 P.M.
nrtnhcr gn lQQ2 _ Qanular Maatinn _ PanP 4 of 10
CONNCILMEMBERS ACTION
VOTE
YES
G. NEW BUSINESS
1. Motion to appoint Steve Sieracki
Councillmember Collins made a motion to appoint Steve Sieracki and
and James Murphy as regular
James Murphy as regular Utilities Service Mechanics; seconded by
Utilities Service Mechanics -
Councilmember Entry.
Director of Public Utilities
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
2. Motion to appoint Andrea Nelson to
Councilmember Entry made a motion to appoint Andrea Nelson to the
the Code Enforcement Board - City
Code Enforcement Board; seconded by Councilmember Collins.
Administrator (Exhibit 2).
Councilmember Watford stated we had three applicants for this
position and he would like to thank all three of them because the
Code Enforcement Board is not the most glamor0u$ position in the
City to have. And having looked at the applications, it was a
very hard choice to make because all three applicants are
extremely well qualified. We are acting on the recommendation of
the Code Enforcement Board. He continued by stating that, I hope
the other two applicants will re -apply when there is another
opening.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
3. Motion to award a contract for the
Councilmember Collins made a motion to award a contract for the
purchase of activated carbon to
purchase of activated carbon to A & D Water Systems in the amount
A & D Water Systems in the amount of
of twenty-eight thousand one hundred forty dollars ($28,140.00);
$28,140.00 - Director of Public
seconded by Councilmember Entry.
Utilities (Exhibit 3).
October 20. 1992 - Regular Meetino - Pace 5 of 10
VOTE
YES
NO
kW
G. NEW BUSINESS CONTINUED
COUNCILMEMBfRS ACTION
3. A & D Water System contract:
Councilmember Watford commented he was glad to see a local firm
submit and be awarded a bid for the City.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
4. Motion to approve engineering
services for the Ground Water Plant
Councilmember Watford made a motion to approve the engineering
proposal for Reese, Macon and Associates for the Ground Water
Construction Inspection to Reese,
Macon and Associates in the amount
Plant construction and inspection in the amount of one hundred
eighty-three thousand dollars ($183,000.00); seconded by
of $183,000.00 - Director of Public
Councilmember Collins.
Utilities (Exhibit 4).
Following brief discussion among Council and staff, vote is as
follows:
KIRK
COLLINS
ENTRY
X
X
X
WALKER
X
WATFORD
X
MOTION CARRIED.
5. Discussion of a contract extension
Director.Loftin explained to the Council that Florida HRS has
with HRS for the Challenge Campus
Program at the Eckerd Youth Camp -
Director of Public Utilities
(Exhibit 5).
contracted a new company, Wolverine Humane Services of Wisconsin
t'herefore�a new contract will have to be negotiated and approved
by the Council. Due to the shoriperiod of time from their
decision to contract a new company, and that company taking over,
a new contract has not been agreed upon. I recommend that the
Council extend this agreement for ninety days, during this period
of time a new agreement will be negotiated.
Councilmember Watford made a motion that the agreement with
Eckerd Family Youth Alternatives Incorporated be extended to
Florida HRS for a period of ninety days; seconded by
Councilmember Walker.
n + 1 7n 1nn7 n_....a: KA....+: nlG ..F 1n
cOUNCILMBMBfRS ACTION
VOTE
YES
G. NEW BUSINESS CONTINUED
5. Florida HRS contract:
Vote on motion is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
6. Discuss turnover among Licensed
Director Loftin appeared before the Council explaining
Plant Operators - Director of Public
that the City may soon find themselves in violation of Florida
Utilities (Exhibit 6).
Administrative Code 17-602.400. This is a public health statute
which addresses staff requirements at water and wastewater
treatment plants. It is a law that requires licensed operators
in treatment plants. Fine violations range up to $10,000.00 per
day.
Director Loftin continued that, the water plant has lost two
�.
licensed operators in the past six months; two have interviewed
for other Cities. If we lose these two that will leave us with
two licensed operators, one unlicensed trainee, four vacant
operator positions and one plant supervisor. Should the City
attempt to operate the water plant with this level of staffing
the remaining operators will have to work seven days per week on
eight hour shifts, which would cost an excess of $37,000.00 per
year in overtime.
Director Loftin stated that on October 5th, the Plant Supervisor,
Clyde Long and myself met with Administrator Drago and Mayor Kirk
to discuss the impact of this high turnover. We felt like the
situation is approaching a crisis point and we needed to bring it
to the attention of the Mayor and Council. I recommend that we
mend the budget to provide emergency salary increases for water
and wastewater plant operators. For licensed operators $2,000.00
per year. Unlicensed trainee, $1,000.00 per year. And set the
hiring rate of $1,000.00 less than the regular salary rate.
These salary increases will total $21,000.00 per year.
October 20. 1992 - Regular Meeting - PaQe 7 of 10
G.
VOTE
LOUNCILMEMBfRS ACTION
YES
NEW BUSINESS CONTINUED
6. Public Utilities Plant Operators:
Director Loftin answered various questions from the Council.
Plant Supervisor Long stated that the $2,000.00 would not be
enough to compete with surrounding communities, that the salaries
need to be increase by $4,000.00 in order to compete.
Following lengthy discussion concerning salary increases for all
City Departments. Council instructed each Department Head to
research and bring back to'the Council a four column listing of
what the current salary is for each employee in their department,
what the Department Head recommends the salary to be, what the
Administrator recommends and what the City can afford.
7. Discuss evaluation of overall salary
Please see above item number six.
schedule for Public Utilities -
Director of Public Utilities
(Exhibit 7).
RECESS:
Mayor Kirk called for a recess at 8:20 P.M. and reconvened the
meeting at 8:30 P.M.
8. Discuss a continuing services
Councilmember Watford began by stating he is concerned with the
contract for engineering - Council-
amount of money we (the City) spends on engineering services on
member Watford.
small items. Years ago we had a consulting engineer. I suggest
that we request proposals for continuing services contract from
engineering firms. This contract could be made up of one or more
firms. Further stating that we have hired certain engineering
firms to do jobs for us. For example, Reese, Macon and
Associates are contracted to do the Ground Water Plant so any-
thing we have come up on water we ask them to do the work for us.
The same with Knepper and Willard for wastewater items. I feel
we need to make it official what firms we are to use to do work
for the City.
Councilmember Collins disagreed with the idea because when the
City had a consulting engineer he was paid if he did any work
that week for the City or not.
G.
VOTE
--
YES
►�,)
1011NCILI�MBERS ACTION
NEW BUSINESS CONTINUED
8. Engineering Services:
Councilmember Watford clarified that a continuing services
contract would only require payment when work has been done.
Administrator Drago stated if the Council agrees to the
suggestion he could have himself, Directors Elders and Loftin and
Fire Chief Tomey meet to put the proposal together.
Councilmember Watford made' a motion to instruct Administrator
Drago to begin the process to send out RFP's (Request For
Proposals) for engineering; seconded by Councilmember Walker.
Following further discussion among citizens Robbie Hoover,
Engineer Reese and Council, vote is as follows:
X
KIRK
X
COLLINS
X
ENTRY
XX
WALKER
WATFORD
MOTION CARRIED.
•-�
4_ y
9. Discuss abandonment of alleyways -
Attorney Cook addressed the Council concerning the letter in
City Attorney (Exhibit 8).
exhibit eight from Attorney E.T. Hunter representing the Hamrick
Trust. He stated he had spoken with the local trustee Gil
Culbreth and the City Clerk. After first discussing the
situation Attorney Cook felt the Citys position was to close
streets and/or alleys and let the adjoining land owner and the
Trust dispute who the actual owner was. But the problem is a
little deeper than that because you have to consider there is an
applicant for a street/alley closing and if the adjoining land
owner is not the person that will own the alley after it is
closed then perhaps we have a problem with who we allow to
petition to close the street/alley. Mr. Culbreth was very
concerned about this, as a Trustee he has a legal obligation and
feels this needs to be addressed. I have done some work with
this but am not prepared to discuss it further at this time. I
will get with the attorney to try to.arrive at an answer.
G.
P.k
11.,+.. f,.... 9f1 1009 D13.- M.,.,+i.... Do O of 1!1
VOTE
YES
NO
COUNCILMEMBERS ACTION
NEW BUSINESS CONTINUED
9. Street/Alley closings:
Attorney Cook continued that, I understand Councilemmber Collins
has a different understanding and I will ask for the 1979 Supreme
Court decision that closes all these things. I have looked at
the Statute that refers to this reversionary right- The -re -
statute that forecloses people, family or trust from coming bu'k�
and claiming ownership is not applicable to governmental
agencies. Which would seem to lean this in the favor of the
Trust. All I can tell you at this point is Clerk Thomas, Mr.
Culbreth and I are aware of this and will continue to work on it
to try and arrive with an answer before we have another applicant
come up here with a street/alley closing request in this area.
Council instructed Clerk Thomas not to accept any applications to
close streets and/or alleys in the City of Okeechobee and First
Addition to City of Okeechobee subdivisions until the matter is
cleared up.
Council also requested that Administrator Drago inform Attorney
Hunter that this item will be on the agenda again and what
meeting it will appear should they want to attend.
10. a. Motion to read by title only,
Councilmember Watford made a motion to read by title only, and set
and set November 17, 1992 as the
November 17, 1992 as the Public Hearing date, for Ordinance 653,
public Hearing date, for Ordinance
closing and vacating alleys; seconded by Councilemmber Collins.
653, closing and vacating alleys -
(Blocks 59 and 60, City of Okeechobee. United Feed Co-op.
City Attorney (Exhibit 9).
Application No. 40).
IRK
X
OLLINS
X
ENTRY
X
WALKER
X
ATFORD
X
OTTON CARRIED.
nrtnhar Pn_ 1992 - Reoular Meeting - Page 10 of 10
COUNC I LMEMBE RS ACTION
VOTE
YES
G. NEW BUSINESS CONTINUED
10. a. Ordinance 653:
Attorney Cook read Ordinance No. 653 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY, STREET
OR ALLEYWAY AS RECORDED IN PLAT BOOK 1 PAGE 10; AND PLAT BOOK 5
PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS
THOSE ALLEYS IN BLOCK 59 AND 60; BY CLOSING THE ALLEY IN BLOCK 59
BETWEEN LOTS 4-10, AND LOTS 14-20; AND BY CLOSING THE ALLEY IN
BLOCK 60 BETWEEN LOTS 1-10 AND LOTS 11-20; ALL 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."
b. Motion to approve the first
Councilmember Collins made a motion to approve the first reading
reading of Ordinance 653.
of Ordinance No. 653; seconded by Councilmember Entry.
Councilmember Watford asked aren't these two alleys involved in
previous discussion? And the outcome of that could have an
effect on this? Clerk Thomas, yes to both questions.
KIRK
X
COLLINS
Y
�+
ENTRY
X
WALKER
WATFORD
X
MOTION CARRIED.
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 9:05 P.M.
.NOTICE IS HEREBY GIVEN THAT IF ANY PERSON
SHOULD DECIDE TO APPEAL ANY DEC-I-SlOW'.MADE
AT THIS MEETING OF THE CITY COuN: ii:,`'SUCH,,
PERSON WILL NEED TO INSURE THFAT A V RBATIM'-,
RECORD OF THE PROCEEDING IS'�'MADE WI4�EH SIN='_
,
CLU HE TESTIMONY AND E�OENC1 :'�TPON
W CH T E APPEAL IS B
Kirk, Mayor ,
TE �,