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1992-11-17 Regular MeetinglIf/ F OKEe O y0 �OR10 . to 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 NOVEMBER 17, 1992 - 7:00 P.M. SUMMARY OF COUNCIL ACTION Pano 1 of 1F COUNCILMEMSERS ACTION VOTE YES NO Nr Mayor Kirk called the November 17, 1992 meeting to order at 7:02 A. Call Meeting to order on November 17, 1992 at 7:00 p.m. p.m. B. Invocation offered by Councilman Watford; Invocation offered by Reverend Mark Belleville; 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 Gamiotea Absent X D. Motion to dispense with reading and Councilmember Collins made a motion to dispense with reading and approve the Summary of Council Action approve the Summary of Council Action for the regular meeting of for the regular meeting of October October 20, 1992; seconded by Councilmember Entry. 20, 1992. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Nnwomhor 17 1 QQ? _ Rarntl ar Maat i nn - Paae 2 of 16 COUNC I LMf MBFRS ACT7 vN VOTE VES Nv E. Motion to approve warrant registers Councilmember Watford made a motion to approve Warrant for October, '1992: Registers for the month of October, '1992, General Fund — two hundred thousand nine hundred forty dollars and sixty—four cents General Fund ........ $200,940.64 ($200,940.64) and Public Utilities Fund — one hundred sixty—two Public Utilities .... $162,001.02 thousand one dollar and two cents ($162,001.02); seconded by Councilmember Collins. 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. Administrator Drago announced another proclamation was added to the agenda as "New Business item 2.a." for Farm —City Week F. OPEN PUBLIC HEARING FOR FINAL ORDINANCE Mayor Kirk opened the public hearing for final ordinance adoption. ADOPTION 1. a. Motion to read by title only, Councilmember Watford made a motion to read by title only, Ordinance 653, closing, vacating Ordinance No. 653 closing, vacating and abandoning an alley; and abandoning an alley — City seconded by Councilmember Entry. Attorney (Exhibit 1). - KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. NnvPmhPr 17. 1992 _ Renular Meetinn - Pane 3 of 16 F. PIIBLIC HEARING FOR ORDINANCE ADOPTION COUNCILMEMBERS ACTION VOTE VES NO ETW 1. a. Title continued: 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, PIIBLIC 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 PIIBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." Attorney Cook also informed Council, this is one of the last applications we have had pertaining to an alleyway in the section of town involving the Hamrick Trust. In the past we have closed these alleys. And as you know when an alley is closed ownership reverts to the adjoining landowners. This may be an alley wherein the Trust claims an interest in the alley once it is closed. The City has agreed to abandon its use of the alley, _ that is not a problem. Whether it belongs to the Trust or the adjoining landowners is still a matter to be determined between those folks. Attorney Cook explained he has continued research on this matter since the last meeting and has not completed it yet. He has talked with a Trustee and their Attorney and is still working on it and hopes to arrive at a resolution to put this to rest once and for all. He has talked with City Clerk Thomas advising to hold off on taking Street and/or Alley Applications for this property (City of Okeechobee and First Addition to the City of Okeechobee Subdivisions) until we reach some type resolution with the Trust on it. Discussion continued between Attorney Cook and Councilmember Watford. Attorney Cook recommended that it is appropriate for the Council to pass Ordinance No. 653. Councilmember Watford asked Mr. Lowrey, representing United Feed Co—op, if they wanted the Council to continue, pass the Ordinance and allow United Feed the privilege to determine ownership of the alleys with the Hamrick Trust. Mr. Lowrey requested that the issue be tabled until the first meeting in December. AI.........k r. i7 9007 D—iilnv Moo+inn _ DAnn d of 1A F. VOTE VES NO kSENT PUBLIC HEARING FOR ORDINANCE ADOPTION LOUNCILMEMBERS ACTION Councilmember Collins made a motion to table the matter until the 1. a. Continued: first meeting in December; seconded by Councilmember Watford. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook verified for Clerk Thomas that the ordinance would need to be advertised again for public hearing. Mayor Kirk announced that anyone present on this issue would need to come to the first meeting in December to be heard on this issue. CLOSE PUBLIC HEARING Mayor Kirk closed the Public Hearing. PUBLIC HEARING DISCUSSION CONTINUED Councilmember Watford indicated the need to continue the Public Hearing by stating we might have acted a little hasty. This is somewhat of a unique situation and the applicants may want to continue to talk about this issue. Following brief discussion, Attorney Cook stated that the Council can vote to take it off the table. Councilmember Watford moved that we reconsider the motion to table; seconded by Councilmember Entry. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. November 17, 1992 - Regular Meeting - Page 5 of 16 VOTE F. PUBLIC HEARING FOR ORDINANCE ADOPTION COUNCILMEMBERS ACTION VES NO kBSENT Co_uncilmember Watford moved to table Ordinance No. 653: seconded 1. a. Continued: by Councilmember Collins. KIRK x COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. CLOSE PIIBLIC HEARING Mayor Kirk again closed the Public Hearing. G. NEW BUSINESS 1. Issue a proclamation to the Okeechobee Ministerial Association - Mayor Kirk. Mayor Kirk presented the Proclamation to Reverend Belleville and read it aloud in its entirety as follows: WHEREAS, in accordance with the historic American tradition; and WHEREAS, in concert with thousands of town and cities across our great Country; and WHEREAS, the Okeechobee Ministerial Association respectfully request that November 25, 1992 be a time to give thanks to God for his abundant blessings; WHEREAS, the Okeechobee Ministerial Association also requests that Okeechobee set aside a Community Thanksgiving Services at Peace Lutheran Church, 750 Northwest 23rd Lane at 4:30 p.m; and I, THEREFORE, as Mayor of the City of Okeechobee do hereby proclaim the day of November 25, 1992 as Community Thanksgiving Day and I do call upon all the citizens of this community to participate in the Community Thanksgiving Service at Peace Lutheran Church." Nnvomhor 17 1QQ9 _ Pomilar Maatinn _ PAna F of 16 G. NEW BUSINESS c:OUNCILMEMBERS ACTION VOTE VES NO KW 2. Issue a proclamation to the Mayor Kirk presented the Proclamation to Commander George Green Veterans of Foreign Wars - Mayor of VFW Post 10539 and read it aloud in it entirety as follows: Kirk. "WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922, and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy ♦eterans, and the widows and orphans of deceased ♦eterans, and WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living"; therefore I, James E. Kirk, Mayor o the City of Okeechobee do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to vear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we contribute to enjoy as American citizens." 2. a. ITEM ADDED TO THE AGENDA: Mayor Kirk presented the Proclamation to Mrs. Brenda Williams Issue a proclamation for Farm -City read it aloud in its entirety as follows: Week - Mayor Kirk. "WHEREAS, the prosperity and well-being of this community are dependent upon understanding and cooperation between the two great elements of our society; farmers and non -farm people, and WHEREAS, the complexities of their individual endeavors and the divergence of their activities with decreasing opportunity for interaction could lead to areas of misunderstanding, and WHEREAS, this misunderstanding must be avoided, and each group must understand its interdependency one with the other if our American way of life is to endure, and November 17, 1992 - Regular Meeting - Page 7 of 16 VOTE G. NEW BUSINESS COUNCILMEMBERS ACTION VES 2. a. Proclamation continued: WHEREAS, Fare -City Week provides an unparalleled opportunity for farm and city people to establish communication to become acquainted, I, THEREFORE, as Mayor of the City, do hereby proclaim the period of November 20 through November 26, 1992 to be Farm -City Week; and I do further call upon all citizens of this community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during Farm -City Week.* 3. Hear from Ms. Barenda Mosher - Ms. Barenda Mosher (Exhibit 2). Ms. Mosher of PROJECT H.E.L.P. appeared before the Council explaining the non-profit organization she represents helps the elderly repair their homes. A situation has come to their attention wherein the elderly are having their water turned off because of lack of payment. Further explaining some of the cut- offs are hardship cases and she would like to see a special exception made for hardship cases where the water would not be turned off perhaps by using the State Health Department as a referral? Or by placing a lien put on their home and have the families come in after they have deceased and get the lien taken care of? Any suggestion and help the City Council could give would be greatly appreciated. Mayor Kirk and Ms. Mosher discussed the initiation of this new organization at length. Councilmember Entry commented that he is on the Senior Citizens Advisory Board and a month ago the organization was getting started and he felt the Council should help all they can. Mayor Kirk asked Attorney Cook if there would be any conflicts with the new bond issue? Council instructed Administrator Drago, Attorney Cook, Public Utilities Director Loftin to set up a meeting with Ms Mosher to draw up an ordinance amendment addressing this issue and bring it back to the Council for review after deeming all to be in order as required. November 17, 1992 - Regular Meeting - Page 8 of 16 G. NEW BIISINESS c OUNCILMFMB6RS ACTION VOTE YES NO kaENT Councilmember Collins made a motion to approve a taxi Cab Permit 4. Motion to approve a Taxi Cab Permit for A-1 Taxi and All County Taxi — for A-1 Taxi and All County Taxi; seconded by Councilmember Entry. City Administrator (Exhibit 3). KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 5. a. Motion to read by title only Councilmember Entry made a motion to read by title only and set December 1, 1992 as the public December 1, 1992 as the Public Hearing date for Ordinance No. 654 hearing date for Ordinance 654 amending the City of Ordinances pertaining to the hours of sale amending the Code of Ordinance of alcoholic beverages; seconded by Councilmember Collins. pertaining to the hours of sale of alcoholic beverages — City KIRK X Attorney (Exhibit 4). COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance No. 654 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, DELETING SECTION 3-2 OF THE CODE OF ORDINANCE PERTAINING TO THE HOURS OF SALE OF ALCOHOLIC BEVERAGES; AND ENACTING A REVISED SECTION REGULATING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE." b. Motion to approve the first Councilmember Collins made a motion to approve the first reading reading of Ordinance 654. Ordinance No. 654; seconded by Councilmember Entry. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. November 17, 1992 - Reqular Meetinq - Paae 9 of 16 G. NEW BUSINESS COUNCILMEMBERS ACTION VOTE VES NO k.TNT 6. Motion to approve the certification Councilemmber Entry made a motion to approve the certification of the City/County Canvassing Board of the City/County Canvassing Board for the November 3, 1992 City for the November 3, 1992 City Election; seconded by Councilmember Collins and made part of the Election - City Clerk (Exhibit 5). minutes for record as follows: Official results of the November 3, 1992, City Election as certified by Election Supervisor Rowena Parkerson and filed in the office of the City Clerk Bonnie S. Thomas, is as follows: CANDIDATE TOTAL VOTES Richard R. (Nick) Collins 432 James (Jim) Kirk 567 Bob Oliver 529 Mike O'Connor 693 Gisela R. Vavra 291 As Certified By: Okeechobee County Canvassing Board Edward A. Miller, County Judge Rowena Parkerson, Supervisor of Elections is Charles W. Harvey, Chairman of County Commissioners`: Bonnie S. Thomas, City Clerk Vote on motion to adopt canvass returns: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 7. Motion to adopt Resolution 92-15 Councilmember Watford made a motion to adopt Resolution No. 92-15 setting forth the results of the setting forth the results of the City Election of November 3, 1992 City Election of November 3, 1992, seating two Councilmembers and the terms of each; seconded by seating two Councilmembers and the Councilmembers Collins and Entry. Made part of the minutes for terms of each - City Clerk record as follows: (Exhibit 6). C:J G. F. November 17, 1992 - Regular Meeting - Page 10 of 16 VOTE NEW BUSINESS COUNCILMFMBFRS ACTION y6S NO KW 7. Continued: "WHEREAS, the City Council of the City of Okeechobee, Florida has received the canvassed returns of the City General Election held November 3, 1992; and WHEREAS, James E. Kirk and Mike O'Connor received the highest number of votes for Councilmen. NOW, THEREFORE, BE IT RESOLVED, that James E. Kirk and Mike O'Connor be, and they are hereby declared elected as City Councilmembers and shall hold office for four (4) years fro■ the first Monday in January folloving the City General Election and until their successors are elected and qualified as provided by City Charter, Section 10; BE IT FURTHER RESOLVED, that the City Clerk be, and she is hereby instructed to issue and deliver certificates of election to each of the above named person. Vote of motion to adopt Resolution No. 92-15: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. PUBLIC HEARING CONTINUED - ORDINANCE 653 Councilmember Watford made a motion to remove 1. a. Continued: from table Ordinance No. 653; seconded by Councilmember Collins. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. November 17, 1992 - Regular Meeting - Page 11 of 16 VOTE F. PUBLIC HEARING CONTINUED — ORDINANCE 653 LOUNC7LMFMB6RS ACTION YES NO k&W 1. b. Motion to adopt Ordinance 653. Councilmember Watford made a motion to adopt Ordinance No 653; seconded by Councilmember Collins. Attorney Cook stated, keeping in mind the situation with the Trust again just to make it clear we are not conceding any point here with the Trust we just have not resolved it. We are free to legally abandon the alley as far as our use is concerned. At this point we are not in the position to resolve the final issue with the Trust. Councilmember Watford also stated for the record this is another one of those unique circumstances where the applicant owns all the property surrounding the alley's. 1. c. Public Comment. Mayor Kirk asked for public comments for or against? There were none. 1. d. Vote on Motion. Vote to adopt Ordinance No. 653: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. CLOSE PUBLIC HEARING Mayor Kirk closed the Public Hearing. November 1 7 _ 19g7 _ Ponu 1 Ar Moot; nn Dm ,n 1 7 .,f- 1 C G. NEW BUSINESS CONTINUED COUNCILMEMBERS ACTION VOTE YES 8. Discus-s giving additional Reclaimed Water to Williamson Cattle Public Utilities Director Loftin addressed the Council explaining Co. — Director of Public Utilities his memo in exhibit seven. The City is currently sending reclaimed (Exhibit 7). wastewater to Williamson Cattle Company to spray and irrigate orange groves. The Council is aware we signed a contract with them which referred to an average of 300,000 gallons per day. The agreement does not specify whether it is a monthly, annual or weekly average. The agreement further states Williamson Cattle Company will have the right of first refusal of any additional reclaimed wastewater, which is available. Another section states Williamson Cattle Company decline acceptance of reclaimed water or can reduce their volume or quit taking it entirely. We have in the past pumped more than 300,000 gallons per day. We have on occasion averaged 400,000 to 500,000 gallons per day for a month at a time. The contract does not specify whether we can charge Williamson Cattle Company for any additional water we send them of the 300,000 gallons per day. �J Director Loftin asked for direction from the Council as to whether we can continue to practice sending them water in excess of 300,000 gallons per day without charge or whether we should begin charging for that. There was a lengthy discussion among Council and Director Loftin. Councilmember Watford moved that the Council authorize the Attorney to contact Williamson Cattle Company offering them up to 700,000 gallons per day total reclaimed water at no charge with the stipulation it not be resold; seconded by Councilmember Walker. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. Nnvpmhpr 17. 1992 _ RPniilAr Mpptinn _ PanP 13 of 16 G. VOTE NEW BUSINESS COUNCILMEMBERS ACTION YES W kSENT 9. Discuss Health Insurance Rates - Administrator Drago provided in exhibit eight an explanation that City Administrator (Exhibit 8). the City has received its new rates for health insurance. Further explaining that in order to keep the budget balanced, since the insurance rates have increased, he is recommending the Council approve a two hundred dollar ($200.00) deductible plan which would cost one hundred forty-six dollars, fifty-seven cents ($146.57) per month for single employees and two hundred fifty- one dollar four cents ($251.04) per month for the family plan, as set out in his memorandum. The City's current plan is one hundred dollar ($100.00) deductible, one hundred forty-two dollars fifty-three cents ($142.53) per month for single and two hundred forty-five dollars, ninety-two cents ($245.92) per month for family members. Following brief discussion among Council and staff, Councilmember Entry made a motion to accept Administrator Dra o s recommendation to approve the two hundred dollar $200.00) deductible plan; seconded by Councilmember Collins. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 10. Discuss Salaries - Mayor Kirk (Exhibit 9). Council discussed at length employee salary increases. Councilmember Collins made a motion that Administrator Drago look through the General Fund and see if something is not essential in there and come up with an amount to raise some of the salaries. Motion was withdrawn. Citizen Tom Elmore expressed to Council his feelings that no raises should be allowed at this time. Councilmember Entry made a motion that we keep the salaries as they are currently and work on them at the budget workshop next year (FY 1993-94); seconded by Councilmember Walker. d.� November 17, 1992 - Regular Meeting - Page 14 of 16 G. NEW BUSINESS LOUNC7LMEMBERS ACTION VOTE yES NO VMW 10. Continued: Vote on motion as o ows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. 11. Discuss Groundwater Treatment Plant Councilmember Watford began the discussion by explaining to those and financing - Councilmember present that the City began the process of building a new ground water treatment plant and followed through on the whole process making studies on groundwater vs. surface water, decided to go with the wells and did them. Had plans drawn up, studied and changed to a smaller plant. We concluded we needed to borrow the money to build the groundwater treatment plant through the bond issue process. Further explaining that this was done openly during advertised City Council meetings in which the public was well informed not only through attendance of the referenced meetings but also through the local news media. Councilmember Watford expressed he was extremely concerned when �., the City Council received a letter today from the Economic !, Council of Okeechobee (ECO) threatening a law suit regarding the closing procedures and implementation of the bond issue. Councilmember Watford further remarked that the old plant is going to need repairs or replacements. And we did tell the Department of Environmental Regulation (DER) and we did reduce our plant size. Continuing that what is unfortunate was that he had asked why the bond issue was done Thursday instead of our regular meeting date. Mayor Kirk explained he had had a conference call with the bankers and bond Council concerning the bond issue process previously. And also that today, having received a letter from the ECO the bond Council had been trying to get in touch with him about the letter but could not. November 17, 1992 - Reqular Meeting - Paae 15 of 16 G. NEW BUSINESS COUNCILMFMBFRS ACTION VOTE YES NO KW 11. Continued: Attorney Cook stated to Council that he had not talked to the Bond Council regarding the letter from ECO but that the Home Rule Powers Act gives City Council's authority to pass resolutions. Further stating he was not aware of any violation regarding the bond issue proceedings. Councilmember Collins agreed with Councilmember Watford in that the City has been on this track for three years and knew we were going to have to borrow the money to build the groundwater treatment plant through the bonding process at an agreed upon time and referred to questions and answers given by Bond Council Attorney Bill Zvara at the Special Meeting of November S, 1992 regarding the bond sale as to whether or not the bonds had been sold and Council being told no, they had not been sold. Mayor Kirk expressed his disappointment of the last paragraph of the letter stating they (ECO) are saying that they support us however, the wording in this letter does not show they support US. r Mayor Kirk further listed for the Council and those present the items discussed with members of the ECO specifically with Robbie Hoover and Frank Marsocci and Jack Coker at a meeting that was held Wednesday, November 11, 1992: > the fact that this (bond issue) was going to take place; > what harm or lack of harm it might do; and > options that would be available to the City. Continuing that he felt the City Council did all it could in regard to determining the best way possible to provide this water utility service for the public. He did not regret the action he took in regard to the bond issue. Robbie Hoover, member of the ECO expressed that our feelings mirror your feelings in reference to the on —going efforts for cooperation and that sometime our enthusiasm gets misguided. November 17. 1992 - Reoular Meetino - Paoe 16 of 16 COUNCILMEMBERS ACTION VOTE VES NU KTNF ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 9:30 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON 7�HE APPEAL IS BASED. s E. Kirk, Mayor Attest: onnie S. Thomas, CMC, City Clerk