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1988-10-04 Regular MeetingCITY OF OKEECHOBEE CITY COUNCIL MEETING October 4, 1988 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION A. Call meeting to order B. Invocation offered by Utilities Director L.C. Fornter Pledge of Allegiance led by Mayor Chapman. C. Mayor and Council attendance: Mayor Oakland Chapman Councilman Nick Collins Councilman Andy Rubin Councilman Oscar Thomas Councilman Dowling Watford Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting and Final Public Budget Hearing of September 20, 1988. COUNCILMEMBERS/ACTION Mayor Chapman called the meeting to order at 2:00 P.M. L.C. Fornter Mayor Chapman Present Present Present Present Present Present Present Present Motion by Councilman Thomas, seconded by Councilman Collins. Chapman Collins Rubin Thomas Watford Motion Carried. 0 ABSENT :�z October 4, 1988 page two COUNCII��ERS/ACTION VOTE = ABSENT YES NO E. Motion to approve warrant registers for August and Motion by Councilman Collins, seconded by September, 1988: Councilman Rubin. After discussion regarding payments to Dickerson, General Fund ...................$ 65,863.42 Public Utility Fund............ 118,309.21 Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F • NG AND FINAL ORDNANCE OPEN PUBLIC HEARING FOR REZONINII ADOPTION: , 1. Consider petition 241-R for the rezoning of property Mr. Gary Scherrer appeared before Council and located at 12210 S.W. 2nd Avenue from Residential that the Planning Commission recommended a C-I Single Family to Commercial (CII). Exhibit 1. approval with Special Exception. Mr. Scherrer, (City/County Planning and Zoning Commission Council, and Attorney Cook discussed the matter recommended approval). at length (i.e. buffers between residential and commercial area and use of the property). Motion by Councilman Thomas, seconded by Councilman Collins to approve a rezoning request from RSF to C-II. After further discussion by Councilman Watford, Mayor Chapman asked for input from the Public - there was none. Chapman X Collins X Rubin X Thomas X Watford X Motion carried. October 4, 1988 page three COUNCIIIEMERS/ACTION VOTE ABSENT YES NO 2. Motion to read by title only, Ordinance No. 606 Motion by Councilman Collins, seconded establishing traffic regulations - City Councilman Rubin to read, by title only, Attorney (Exhibit 2). Ordinance No. 606, establishing traffic regulations. After discussion, Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. Attorney Cook read, by title only, proposed Ordinance No. 606, as follows: In AN ORDINANCE OF THE CITY OF OKEECHOBEE? FLORIDA, PROVIDING FOR THE REPEAL OF SECTIONS 11-10, ll-11, 11-12, 11-18, 11-19, 11-37, 13-1, 13-2 AND 17-1 THROUGH 17-5 INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA, AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT; PROVIDING A NEW CHAPTER SEVENTEEN RELATING TO TRAFFIC; PROVIDING FOR RULES AND REGULATIONS IN GENERAL; PROVIDING FOR PARKING, STOPPING AND STANDING; PROVIDING FOR RECREATIONAL VEHICLES; PROVIDING FOR OFF -ROAD VEHICLES, PROVIDING FOR ABANDONED, UNATTENDED VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR FINES, PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. 06tober 4, 1988 page four COUNCIIID1BERS/ACTI0N VOTE ABSENT YES NO A. Call meeting to order Mayor Chapman called the meeting to order at 2:00 P.M. B. Invocation offered by Utilities Director L.C. Fornter L.C. Fornter Pledge of Allegiance led by Mayor Chapman. Mayor Chapman C. Mayor and Council attendance: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Present Staff attendance: 1 City Attorney Cook Present City Administrator Drago Present City Clerk Thomas Present D. Motion to dispense with reading and approve the Motion by Councilman Thomas, seconded by Summary of Council Action for the regular meeting and Councilman Collins. Final Public Budget Hearing of September 20, 1988. Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. October 4, 1988 page five COUNCIIrESERS/ACTION VOTE ABSENT YES NO Ordinance was read, by title only, by Mayor Chapman, as follows: AN ORDINANCE FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE AMENDMENT OF SECTION 10-5 OF THE CODE OF ORDINANCES FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE FORMULA FOR DETERMINING PARTIAL YEAR OCCUPATIONAL LICENSE FEES; PROVIDING FOR AN EFFECTIVE DATE. 2. Motion to approve the first reading of an Motion by Councilman Collins, seconded by Ordinance amending Section 10-5 of the Code Councilman Rubin. Councilman Watford of Ordinances. a Summary Report of the total amount of license fees that have been collected and what portion of those fees which were for a partial year, from Administrator Drago, so that Councilmen can get a better idea of how much revenue will be lost if this Ordinance is adopted, after discussion, Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. H. NEW BUSINESS: 1. Proclaim National Community Health Week - Mayor Chapman read a Proclamation, Mayor Chapman. declaring the week of October 3rd - 9th as Community Health Center Week. October 4, 1988 page six COUNCIIr ZERS/ACTION VOID ABSENT [YES NO Motion by Councilman Rubin, seconded by Councilman Watford to adopt the Proclamation and proclaim the week of October 3rd through the 9th as Community Health Center Week. Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. 2. Motion to approve the appointment of Mr. Chuck Elders introduced Mr. Garcia to the Freddy Garcia as a new maintenance operator Council. employee assigned to the Public Works Department - Director of Public Works. Motion by Councilman Collins, seconded by Councilman Watford to approve the appointment T" of Mr. Garcia. Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. 3. Motion to approve the appointment of Mr. L. C. Fortner stated he was unable to have Mr. Fred Nichols as a new maintenance operator Nichols appear before the Council today, employee assigned to the Public Utilities however, he will introduce him to the Council Department - Director of Public Utilities. in the future. :3. October 4, 1988 page seven COUNCIIMEMBERS/ACTION VOTE ABSENT YES NO Motion by Councilman Rubin, seconded by Councilman Watford, to approve the appointment of Mr. Nichols. After discussion by Councilman Watford, Councilman Rubin and Public Utilities Director Fortner, Chapman X Collins Rubin Thomas Watford Motion carried. 4. Motion to appoint Lola Parker as the City's Motion by Councilman Thomas, seconded by Finance Director - Mayor Chapman. Councilmen Rubin and Watford. After discussion, Chapman Collins Rubin Thomas X Watford X Motion Carried. 5. Motion to approve a partial pay request to Motion by Councilman Thomas, seconded by Dickerson in the amount of $25,156.34 - Councilman Collins. After discussion by Director of Public works (Exhibit 4). Council and Public Works Director Elders regarding the satisfaction of the work performed and the retainer of $117,000.00. Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. October 4, 1988 page eight COUNCIIrEMBERS/ACTION VOTE ABSENT YES NO 6. Motion to approve a retainage payment Motion by Councilman Collins, seconded by of $94,067.76 to Dickerson - City Councilman Watford. After discussion by Administrator (Exhibit 5). Councilmen and Public Works Director Elders regarding the retainage payment, Chapman X Collins X Rubin X Thomas X Watford X Motion Carried. 7. Motion to adopt Resolution 88-18 authorizing Motion by Councilman Watford, seconded by the Mayor to apply for a highway beautification Councilman Rubin. After discussion, grant - City Administrator (Exhibit 6). Chapman X G Collins X .� Rubin X Thomas X Watford X Motion Carried. 8. Motion to adopt Resolution 88-17 authorizing Motion by Councilman Watford, seconded by the Mayor to apply for a highway landscaping Councilman Collins. After discussion maintenance memorandum of agreement - City between Councilman Watford and Administrator Administrator (Exhibit 7). Drago regarding the maintenance agreement, Chapman X Collins X Rubin X Thomas X Watford Ix Motion Carried. October 4, 1988 page nine COUNCIL EMBERS/ACTION VOTEdo ABSENT YES 9. Hear from Mr. Phil Berger regarding sewer Mr. Berger requested the Council allocate hook-up for the Industrial Park - Mr. Phil and hook up sewer for the nine (9) tenants Berger. in the Okeechobee Industrial Park. Mr. Berger stated that the Industrial Park cannot obtain more septic permits from the Industrial Authority. Council discussed various issues regarding the Park with Mr. Berger and Public Utilities Director Fortner. After lengthy discussion Council requested that Mr. Fortner, Mr. Berger and the Industrial Authority meet and determine factors involved (i.e. costs, anticipated growth, new pumps, gravity lines, etc) and appear before the Council at the next Regular .+ Meeting with their findings. c,D 10. Hear from Mrs. Glenda Southerland regarding Mrs. Southerland spoke with Councilman regarding water rates - Mrs. Glenda Southerland. current water rates being charged by the City and the recent newspaper article regarding a proposed 50% increase in water/sewer rates. Public Utilities Director gave Mrs. Southerland a copy of the rates for neighboring cities for comparison purposes. Mayor Chapman stated that the Council would investigate all avenues to raise revenues prior to proposing an Ordinance to raise rates to customers. October 4, 1988 page ten COUNCIIMSERS/ACTION VOTE ABSENT YES NO M Motion by Councilman Collins, seconded by Councilman Thomas for the City Administrator, City Attorney and Director of Public Utilities to meet with the Beachwater Association and attempt to revise/renegotiate the current contract and bring it back to the Council for action. Chapman g Collins X Rubin X Thomas X Watford % Motion Carried. After lengthy discussion regarding impact fees, user fees, the Beachwater Association, Mrs. Southerland's (and other's) obtaining copies ci of bills, various questions and comments from Councilmembers, Mrs. Southerland and Mr. Quintin Barnes (septic/sewerage problems), A motion was made by Councilman Thomas, seconded by Councilman Watford, to have Councilman Collins placed on the committee to renegotiate the Beachwater contract. Chapman X Collins g Rubin g Thomas X Watford X a Motion Carried. October 4, 1988 page eleven COUNCIIrEMBERS/ACTION VOA ABSENT YES NO Recess: 3:50 P.M. Mayor Chapman called the meeting back to order at 4:10 P.M. 11. Update of items of interest to the City by Commissioner Williamson did not appear. County Commissioner Jack Williamson. H. COUNCIL REPORTS AND/OR REQUESTS: 1. Councilman Collins: a) Updated Council on the status of the Taylor Greek Cleanup Proiect. Attorney Cook drew up a release form in this regard. 2. Councilman Thomas: 3. Attorney Cook: a) Spoke with Council regarding the porter/. Butler matter. Mr. Cook informed Council that the Attorney Jennings is planning on filing a suit against the City, on behalf of the Porters. b) Motion by Councilman Watford, seconded by Councilman Rubin to extend the time limit for action in the Porter matter thirty (30) days. After discussion by Councilman Rubin regarding notification of the Porters by City Administrator or City Attorney Cook, Chapman X Collins X Rubin X Thomas X Watford X-,__ Motion Carried. October 4, 1988 page twelve COMIU EMBS/ACTION V= ABSENT YES NO 4. Councilman Watford c) Motion by Councilman Watford to reconsider the zoning petition 241-R, seconded by Councilman Thomas. Chapman X Collins X Rubin X Thomas Watford Motion Denied. d) Motion by Councilman Watford, seconded by Councilman Thomas to instruct the City Attorney to prepare the necessary Ordinance Amendments to include leasing in the Purchasing Ordinance. After discussion, s Chapman X Collins Rubin X Thomas Watford Motion Carried. e) Councilman Watford discussed the back page of the Purchasing Handbook and his desire to have this reviewed by the City Attorney. f) Motion by Councilman Watford to instruct the City Attorney to prepare the necessary Ordinances to incorporate drainage regulations into the Code of Ordinances. Motion was withdrawn by Councilman Watford. g) Councilman Watford commented on the news- paper article in the Okeechobee News. -.. October 4, 1988 page thirteen COUNCIIMMERS/ACTION VOTE ABSENT 4YES 5. Councilman Rubin: a) Questioned Police Chief Mobley about the _vagrancy situation and the progress being made with this problem. b) Inquired about the parking situation on SW Sth Avenue. 6. Mayor Chapman: a) Mayor Chapman read letters and j2etitions he has received from various businesses in the area of SW 5th Avenue (which are on file in the City Clerk's Office at City Hall for inspection by the Public) who are in opposition to the propose parking changes. Mayor Chapman asked Chief Mobley and Public Works Director Elders to speak with the individual business owners in this area for their input. Mr. Jimmy Minehan approached the Council voicing his opinion that the parking problem needs to be addressed and -that the Council should consider the resident's opinion as well as the business owner's opinions. October 4, 1988 page fourteen COUNCILMEMBERS/ACTION VOTE ABSENT YES NO b) Mayor Chapman asked Public Works Director Elders about the striping project and requested the crew stay away from SW 5th Avenue until the parking situation has been finalized. ADJOURNMENT: Mayor Chapman adjourned the meeting at 4:00 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 PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. OAKLAND R. CHAPMAN MAYOR ATTEST: BONNIE S. THOMAS, CMC CITY CLERK 1� .. i •.}